Memo- 2nd Reading Oridnance 99-815
. MEMO
To: City Council
From: Nancy Anderson
Date: May 5, 1999
Subject: Second Reading for Ordinance 99-815
Attached is ordinance 99-815 for second reading, There have been no changes to the
ordinance since the first reading, The applicant was required to put restrictive
covenants on the property, The covenants are attached and have been filed, The City
Council's action is to approve the ordinance for second readinq and order the ordinance
published.
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CITY OF HOPKINS
Hennepin County, Minnesota
. ORDINANCE NO 98-815
ORDINANCE VACATING A PORTION OF THE
ALLEY TO THE WEST OF 246 14T11 A VENUE NORTH
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public alley in the City of Hopkins,
namely:
Alley in Block 93, WEST MINNEAPOLIS SECOND DIVISION, Hennepin County, Minnesota,
be vacated as a public alley.
First Reading: August 4, 1998
Second Reading: May 18, 1999
Date of Publication: May 26, 1999
. Date Ordinance Takes Effect: June 15, 1999
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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. Declaration of Restrictive Covenants
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"-. This declaration is made this Ii.. 1- day of ~, 1998, by Thomas 11.
Daughenbaugh and Mary K. Daughell~augh, Husband and 'l,Vife, fee mvners of
the following described property and Cherokee State Bank, a Minnesota
Corporation, Mortgagee of the following described property ("Declarants"):
Lot 3 and the Southerly 14 ft. of Lot 2, Block 93 'Vest Minneapolis
Second Division, Hennepin County, Minnesota.
Lot 20, Block 93, \-Vest Minneapolis Second Division, Hennepin County
Minnesota.
1. Development Restrictions: Only single family residences, together with
necessary and permissible accessory buildings, may be built on each lot.
2. Successors and Assigns. The terms of this document shall be considered as
running with the land describeu herein and they shall bind and benefit the
. successors, heirs and assigns of the owners of the property described herein.
3. Tenn of Covenants and Restrictions. The covenants and restrictions
contained in this Declaration shall continue for a period of twenty years
from the date of filing of this document, and shall be automatically extended
in their entirety for successive periods of ten years, unless Declarants, or
their successors or assigns execute and record an appropriate '\iTitten
instrument terminating the restrictions, or any part of them. Such an
instrument shall be null and void unless the consent of the city of Hopkins is
contained in the instrument.
4. Enforcement of Covenants and Restrictions; vVaivers. The covenants and
restrictions contained in this Declarat.ion shall be enforceable by Declarants,
their successors or assigns, or by the city of Hopkins. Any person violating
any uf the covenants shall be liablc to the party bringing any action to
enforce these covcnants, including t.he City of Hopkins, for all costs and
attorneys' fees which they incur in successfully enforcing the covenants or
restrictions.
. Invalidation of any of the terms and conditions of this Declaration, whether by
court order or otherwise, shall in no way affect any of the other terms and
conditions, which shall remain in full force and effect.
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Date; .r.-r / L S; 17'/.>: Chero~~t"'e Bank o[St. Paul
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. STATE OF !\HNNESOTA )
)88.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this & day of
~ r . 1998, by Thomas M. Daughenbaugh anu Mary K. Daughenbaugh;
Husband and 'Wife, Grantor,
Notary r/f::t ~
STATE OF MINNESOTA )
)88.
CQl)NTY OF HENNEPIN)
The fqregoing instrument was acknowledged before me this 15" day of
~' 199R, by !?obert p P/{/f~EA'. the V",; F","6'Qe:;;T of
Ch rokee State Bank of St. Paul, on behalf of the corporation.
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~"'~ """'CE" etANlEA Notary Public
""o;,ry"~~ N01AR'i P~UJ J ,'/di,i,~SOT"
"....'~ 1. W .l.SHIN ~ 1'_'1- VJ JI< 1'(
,..;1 My CornmiOsloll b~. ~. Jan, 31, 2000