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HomeMy WebLinkAbout2022-011 CCR Member Elliott introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-11 RESOLUTION APPROVING THE LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER, THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, AND INDEPENDENT SCHOOL DISTRICT NO. 281, ROBBINSDALE AREA SCHOOLS WHEREAS, a Land Exchange Agreement (the "Agreement") was drafted by and between the City of Brooklyn Center, a Minnesota municipal corporation (the "City"), the Economic Development Authority in and for the City of Brooklyn Center, a Minnesota body corporate and politic (the "EDA"), and Independent School District No. 281, Robbinsdale Area Schools, a Minnesota body corporate and politic (the "District"); and WHEREAS, the City owns certain property ("City Parcel") located in Brooklyn Center, Minnesota, legally described as: Tract F, Registered Land Survey No. 40, Hennepin County, Minnesota; and WHEREAS, the EDA owns certain property ("EDA Parcel") located in Brooklyn Center, Minnesota, legally described as: The North 100 feet of that part of Lot 35, AUDITOR'S SUBDIVISION NO. 216, lying westerly of the center line of Minnesota State Highway No. 152; also the North 100 feet of the East 33 feet of Lot 34, in AUDITOR'S SUBDIVISION NO. 216, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. And That part of the South 200 feet of the North 300 feet of Lots 34 and 35,AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota lying north of the following described line: Commencing at a point in the west line of Lot 34 distant 256 feet south from the northwest corner thereof; thence easterly on a curve to the right having a radius 498.97 feet a distance of 127.17 feet; thence easterly on a tangent to said curve distant 35.68 feet to the east line of Lot 35, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. And The North 95 feet of the South 230 feet of the North 755 feet of Lots 34 and 35, AUDITOR'S SUBDIVISION NO. 216, according to the plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota. RESOLUTION NO. 2022-11 And The South 150 feet of the North 450 feet of Lots 34 and the South 150 feet of the North 450 feet of Lot 35 as measured on a line parallel with the west line of said Lot 35 all in AUDITOR'S SUBDIVISION NO. 26, Hennepin County, Minnesota EXCEPTING that part lying north of the following described line: Beginning at the point of intersection of southeasterly line of Lot 1, Block 3, BALFANY'S NORTHPORT 1ST ADDITION with the northeasterly line of Northport Drive as platted adjacent to Lots 1 and 2, Block 3, BALFANY'S NORTHPORT 1ST ADDITION; thence running northeasterly along the extension of the southeasterly line of said Lot 1 226.84 feet to the point of beginning of a curve to right having a radius of 438.97 feet and an arc length of 196.64 feet; thence running northeasterly along said curve to the right to its point of intersection with the west line of said Lot 34, said point of intersection being the actual point of beginning of the line to be described; thence continuing northeasterly along the arc of said curve to the end of said curve, said end of curve being a point in the south line of said North 300 - feet of said Lots 34 and 35 and there terminating. And The South 75 feet of the North 525 feet of Lot 34 and the South 75 feet of the North 525 feet of Lot 35 as measured on a line parallel with the west line of said Lot 35, all in AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota; and WHEREAS, the District owns certain property ("District Parcel") located in Brooklyn Center, Minnesota, legally described as: That part of Lots 34 and 35 lying northerly of the following described line: Commencing at the southeast corner of Lot 1, Block 3, BALFANY'S NORTHPORT 1ST ADDITION; thence northeasterly along the extension of the southeasterly line of said lot distance 256.84 feet; thence northeasterly on a tangential curve to the right having a radius of 438.97 feet a distance of 196.64 feet; thence easterly along tangent to said curve to the east line of Lot 35 and southerly of the following described line: Commencing at a point in the west line of Lot 34 distant 256 feet south from the northwest corner thereof; thence easterly on a curve to the right having a radius 498.97 feet a distance of 127.17 feet;thence easterly on a tangent to said curve a distance of 35.68 feet to the east line of Lot 35, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota; and WHEREAS, the preliminary plat of"Brooklyn Center EDA First Addition" (the "Plat")has been approved by the Brooklyn Center City Council which includes platting of the City Parcel,the EDA Parcel,and the District Parcel into two lots subject to right-of-way being dedicated to the City for Brooklyn Boulevard; and RESOLUTION NO. 2022-11 WHEREAS, under the Agreement, among other things, the City and the District will convey any interest that they each have with respect to Lot 1, Block 2 of the Plat to the EDA; and WHEREAS, under the Agreement, among other things, the EDA and the City will convey any interest that they each have with respect to Lot 1, Block 1 of the Plat to the District; and WHEREAS,the City finds and determines that the exchange of land under the Land Exchange Agreement is in the public interest. NOW, THEREFORE, BE IT RESOLVED bythe CityCouncil of the Cityof Brooklyn Center, Minnesota, as follows: 1. The City Council hereby approves the Agreement in substantially the form presented to the Council, including the exchange by the City of land as described above and, in the Agreement, subject to modifications that do not alter the substance of the transaction and that are approved by the City Manager, provided that execution of the Agreement by those officials shall be conclusive evidence of their approval. 2. City staff and officials are authorized to take all actions necessary to perform the City's obligations under the Agreement as a whole, including without limitation execution of any documents to which the City is a party referenced in or attached to the Agreement, and other documents necessary to exchange the land as described above to and from the City, all as described in the Agreement. January 10, 2022 Date Mayor ATTEST: , 3/1.0/1 City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.