#091 10-18-76 Declare Non-Use Park Easement Spruce Addition• `'� October 18 1
Resolution No.91 , 976
Member Johnson introduced and read the following written resolution
and MOVED its adoption:
RESOLUTION
(Council Declaration Respecting Non—Use
of Park Easement in Spruce Addition)
WHEREAS, it has come to the attention of the City Council
that there are certain Elm trees within the plat known as Spruce
Addition which are suffering from Dutch Elm disease; and
WHEREAS,certain of the aforesaid Elm trees lying within
a platted easement in Spruce Addition which has been dedicated for
Utility and park purposes: and
WHEREAS, the City has never put said easement to any park use
and has now reviewed its position in terms of whether any such park
use is intended; NOW THEREFORE
B',� IT RESOLVED by the City Council of the City of Golden Valley
that it hereby expresses its intent not to use any part of the aforesaid
easement in Spruce Addition for park purposes, in any way, shape or form,
but rather the City shall only use said easement for such utility pur—
poses as are required for essential City utility services and functions;
RESOLVED FURTHER that in light of the aforesaid announced
position of the City not to use the aforesaid easement for park purposes
the City does not have a sufficient interest in the private property
lying within Spruce Addition and subject to said easement to warrant
removal of the diseased Elm trees at City expense, wherefore the usual
public policy heretofore announced by this Council shall be followed
wherein the private property owners in Spruce Addition are responsible
for the removal of all dead and diseased Elm trees c ted upon their
private property whether any part of the same be)
bj t to tie aforesaid
easement or not. /
Robert R. Hoover, Mayor
ATTEST:
Rc'�r .c City Cler
The motion for the adoption of the foregoing resolution was duly
seconded by Member Anderson and upon vote being taken thereon the following
voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk.