DISCLAIMER

 

05-0638R


RESOLUTION APPROVING AMENDMENT TO MOUNTAIN VILLAS LEASE AT SPIRIT MOUNTAIN TO CORRECT LEGAL DESCRIPTION.

BY COUNCILOR REINERT:

     RESOLVED, that, pursuant to the requirements of Laws of Minnesota, 1973, Chapter 327, Section 5(f), the city council does hereby approve the first amendment to that certain lease agreement between the Spirit Mountain recreation area authority and Mountain Villas Owners’ Association dated November 19, 1979, filed of record in the office of the registrar of titles for St. Louis County, Minnesota, on December 11, 1981, as Document No. 426992, amending the legal description of the property leased to Mountain Villas Owners’ Association to reflect the actual description of the property which the villas occupy.


STATEMENT OF PURPOSE:  The purpose of this resolution is to approve an amendment to the legal description of the property at Spirit Mountain leased to the Mountain Villas Owners’ Association to conform to reality.


When the villas were built about the time the hill was opened, it appears that the actual construction extended slightly beyond the bounds of the property legally described in the lease as the leased premises. Such errors are not uncommon and are almost to be expected when constructing in the middle of the woods. The area involved is less than 7,500 square feet out of about 3.4 acres.


The error was discovered as part of the association’s regularizing of the legal descriptions and recording of the descriptions of each of the units so that they can be financed on an individual basis.


At its meeting of September 15, 2005, the SMRAA board approved the lease amendment changing the legal description to one describing the land actually occupied by the villas development. However, under the Spirit Mountain Act the council’s approval of that lease amendment is required.