HomeMy WebLinkAbout1992-033
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RESOLUTION NO. 92-33
A RESOLUTION DIRECTING THE TERMINATION OF
TWO LEASES OF PROPERTY OWNED BY THE CITY
IN THE VICINITY OF MULBERRY POINT
WHEREAS, the City, during the summer of 1991, has acquired
Fee Simple Absolute Title in certain property located in the
vicinity of what is known as Mulberry Point in the City, and,
WHEREAS, two parcels of the property are the subject of
leases with the Stillwater Yacht Club for use as road way and
parking purposes and the operation of a boat launching site, and,
WHEREAS, both leases contain provisions that either and both
parties may cancel the lease for any reason or purpose whatsoever
upon the sending of 30 days written notice to the other party,
and,
WHEREAS, the rent with regard to either parcel has not been
paid and is delinquent, and,
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WHEREAS, the rent called for in the lease is far below
market value and not reflective of the price paid by this land to
the Glacier Park Company by the City in the acquisition process,
and,
WHEREAS, this property was purchased by the City, at least
in part, from sums received as part of a LAW CON Grant and it is
necessary to begin conversion of this land into the park that has
been planned for the site in conformance with the Stillwater
Downtown Plan, and,
WHEREAS, by Resolution dated June 25th, 1985, the City
attempted to promise certain rights to a prospective purchaser of
an adjacent parcel, whoever, circumstances have changed
drastically since this 1985 resolution; and, part of the property
covered by one of the leases could have been purchased by
adjacent property owners prior to 1991 without interference by
the City, and,
WHEREAS, the promises contained in the resolution are an
encumbrance of the police power insofaras the resolution promises
to use the power of Eminent Domain to secure certain rights for a
private person.
NOW THEREFORE BE IT RESOLVED as follows:
1. That Resolution No. 7491 , dated June 25, 1985, be in
the same is hereby rescinded.
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2. That the City Atorney is directed to prepare for the
signature of the Mayor and Clerk, Notice of Termination of both
of these leases effective 30 days from this date.
3. That this Resolution shall not be construed as an
intention on the part of the City to deprive adjacent owners from
the rights of access that they might have obtained by user over
and across this property from the levy road to the property
adjacent to this City property on the north.
Enacted by the City Council of the City of Stillwater this
18th day of February, 1992.
aJt.-4a"",t11_
brahamson, Mayor
ATTEST:
H~~
Mary L?U Johns Clerk
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