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HomeMy WebLinkAbout2021 07-12 EDAPE conomic Development Authority V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection via telephone Dial: 1-312-626- 6799 Meeting I D: 99398068818# Passcode: 7635693300# J uly 12, 2021 AGE NDA 1.Call to Order The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Counc il packet, including E D A (E conomic Development Authority ), is available to the public. The packet ring binder is located at the entrance of the council chambers. 2.Roll Call 3.Approval of Consent Agenda The following items are considered to be routine by the Economic Development Authority (E D A) and will been acted by one motion. There will be no separate disc ussion of these items unless a Commissioner so requests, in whic h event the item will be removed from the c onsent agenda and considered at the end of Commission Consideration I tems. a.Approval of Minutes - Approve the minutes from the June 28, 2021, meeting b.Resolution A uthorizing the Dedication of Temporary and P ermanent Easements on Economic Development A uthority (E D A ) Property at 6101 Brooklyn B oulevard, 6107 Brooklyn B oulevard, 6234 Brooklyn B oulevard, and 5836 B rooklyn Boulevard Motion to approve a resolution authorizing the dedication of temporary and permanent easements on E D A property at 6101 Brooklyn B oulevard, 6107 Brooklyn B oulevard, 6234 B rooklyn Boulevard, and 5836 Brooklyn Boulevard pertaining to the B rooklyn Boulevard Corridor Project Phase 2 I mprovements. 4.Commission Consideration Items a.Resolution A pproving the sale of 6001 B rooklyn Boulevard, 6007 B rooklyn Boulevard and 6301 Brooklyn B oulevard to the City of Brooklyn Center for the Brooklyn B oulevard Corridor P roject P hase 2 I mprovements Motion to: Open the public hearing; Take public input; and Close the public hearing. Motion to a resolution approving the sale of 6001 B rooklyn B oulevard, 6007 Brooklyn B oulevard and 6301 B rooklyn Boulevard to the City of Brooklyn Center for the Brooklyn B oulevard Corridor P roject P hase 2 I mprovements. 5.Adjournment Economic Development Authority DAT E:7/12/2021 TO :C ity C ouncil F R O M:D r. Reggie Edwards, A c"ng City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk S U B J E C T:A pproval of Minutes Requested Council A con: - A pprove the minutes from the J une 28, 2021, meeng B ackground: I n accordance with M innesota S tate S tatute 15.17, the official records of all mee"ngs must be documented and approved by the governing body. B udget I ssues: - None I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: O pera"onal Excellence AT TA C H M E N TS : D escrip"on U pload D ate Type 6.28 Mee"ng 7/7/2021 Backup M aterial 06/28/21 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 28, 2021 VIA ZOOM 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Pro Tem Marquita Butler at 8:47 p.m. 2. ROLL CALL President Pro Tem Marquita Butler and Commissioners April Graves, Kris Lawrence-Anderson, and Dan Ryan. President Mike Elliott was excused. Also present were Acting Executive Director Reggie Edwards, Community Development Director Meg Beekman, Economic Development Coordinator Vong Thao, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Graves seconded to approve the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. May 24, 2021 – Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2021-07 APPROVING THE AWARD OF GRANTS UNDER THE MICRO-GRANT FAÇADE PROGRAM Acting Executive Director Reggie Edwards introduced the item and invited Mr. Thao to present the staff report. Economic Development Coordinator Vong Thao explained this is round two of the Micro-Grant Façade Improvement Program. He stated the demand has exceeded the funding available. He provided background on the Micro-Grant Program, noting $50,000 was initially authorized to incentivize businesses to improve their property through façade improvements and support businesses damaged by civil unrest. 06/28/21 -2- DRAFT Mr. Thao explained the matching grant maximum amount was $5,000 for each business. He displayed a slide depicting the scoring requirements and stated six applications were received and each one scored very well and met most of the scoring criteria. He then read a list of eligible uses, described the approval process, and stated if all six applications received in round two were awarded, the grant request would total $30,000. Two applicants, Handz on Barber and Anne’s Hair Salon, are located in Humboldt Square Shopping Center and requesting interior improvements. Ms. Thao reviewed what was considered in the scoring criteria, including project readiness, BIPOC or woman-owned business, private equity match, community benefits, safety, timeline, and aesthetic improvements. He stated the applications were ranked as follows: 1. Humu Hair Braiding 2. Sun Foods 3. Hallel Market 4. Handz on Barber 5. Anne’s Hair Salon 6. Jambo Africa Mr. Thao stated the action recommended is to authorize $30,000 in grants to these six businesses or to award $12,500 to the three highest scorers as follows: 1. Humu Hair Braiding - $5,000 2. Sun Foods - $5,000 3. Hallel Market - $2,500 Commissioner Ryan asked whether the additional $70,000 will come from general fund monies. Community Development Director Meg Beekman explained this program is funded with EDA funds and $50,000 was a budgeted item in the 2021 EDA budget. The additional funds would come from EDA reserves, not the general fund. Commissioner Ryan stated he does not see this as a great amount of money and it is a worthy program, but he simply thought it was an opportune time to ask that question because we are approaching our budget cycle. He stated he would support the additional funding for this program because it is a worthy program and the EDA can later address issues of the reserves. Commissioner Graves stated she agrees with Commissioner Ryan. Commissioner Graves moved and Commissioner Ryan seconded to adopt RESOLUTION NO. 2021-07 Approving the Award of Grants under the Micro-Grant Façade Program under Option 1, the Board hereby awards $30,000 of grants in the Program to the following businesses. Motion passed unanimously. 06/28/21 -3- DRAFT 4b. RESOLUTION NO. 2021-08 SUPPORTING THE USE OF TAX INCREMENT FINANCING FOR A RENTAL HOUSING DEVELOPMENT PROJECT Dr. Edwards introduced the next two agenda items that relate to the use of Tax Increment Financing (TIF), noting the first pertains to TIF use and the second sets the terms. He invited Ms. Beekman to present the staff report. Ms. Beekman stated there are two items on the EDA agenda that pertain to this and require separate motions. She explained the two motions before the EDA relate to three documents. The first is a letter of support to the Minnesota Housing Finance Agency (MHFA) for the project’s application for low-income housing tax credits stating the City is willing to utilize TIF to support the project. The second document is an option agreement that provides site control for the development, something needed as part of the application, and allows the developer to have exclusive rights to the property while they complete due diligence and financing. The third document is a term sheet, which is used when there is public financing and lays out the framework for what will ultimately become the development agreement. It creates a shared understanding between a developer and the City so as we work together on the project, we can recognize basic agreements. Ms. Beekman stated this site is on Brooklyn Boulevard and 61st Avenue N., just south of the Sanctuary that was another development project the City participated in with a full land write down. This site is comprised of four vacant EDA-owned parcels where the City has initiated the demolition of any structures on the site. Two of these parcels were acquired at the same time as the Sanctuary land was acquired. The other two were single-family homes that were sold to the EDA by the owners and razed. All four parcels are located in Housing TIF District #6 that was created as part of the Sanctuary. Ms. Beekman explained that as we move forward, one of the things Ehlers will look at is whether utilizing the existing TIF District is the best route versus creating a new TIF District and amending these parcels to put them into a new district. Ms. Beekman stated in March of 2020, the EDA approved a preliminary development agreement with JO Properties. Johnny Opara is the lead developer and worked diligently over the last year to continue due diligence and put the project forward. The City submitted, on behalf of JO Properties, a pre-development grant to the Metropolitan Council on behalf of the project. That grant was approved and received $50,000 to help support site planning and financial work. The MHFA application is due July 14, 2021, and the three items being requested are needed as part of that application. Ms. Beekman stated one important thing to keep in mind is that we are not approving TIF or the project this evening. We are considering a framework that states the City’s support of the project, use of TIF, but none of that supersedes the legal requirements to go through a formal review and process, the project meeting the but-for test, and Statute and regulatory requirements. That work likely won’t be completed until after the project has received financing. 06/28/21 -4- DRAFT Ms. Beekman stated the MHFA loan application is due to analysis assistance to the project. The developer presented an update of their project to the EDA in March 2020. The update included a revised concept plan, which the EDA indicated their general support of. Keith Dahl, Ehlers, thanked Ms. Beekman for the information. He explained the MHFA’s Low- Income Housing Tax Credits (LI HTC) was established to leverage private capital and equity to support the construction of new and rehab of affordable housing units in Minnesota. There is an application process with deadlines and a competitive scoring process that all applications go through. You submit your application in July and will find out at the end of November/beginning of December if you secure the tax credits to move the project forward. He explained that essentially, none of the projects will move forward if they don’t receive tax credits from the MHFA. Mr. Dahl stated the EDA is not being asked to approve TIF for this project, but to approve a resolution of support to consider providing TIF in the future should they receive tax credits. He explained the EDA does not want to go through the hassle of establishing a TIF District if this project ultimately does not move forward. So, it can take some time if the project does not receive the tax credits as they can apply for the next year, and so forth, so it can take several years. But ultimately, what we are looking at is their workbook, their numbers for the application they will submit to MHFA come July. Mr. Dahl provided a PowerPoint presentation of Ehlers’ analysis of the Wangsted Commons proposal. He displayed a chart depicting the developer’s TIF request, advising the numbers have changed slightly since this information was submitted for inclusion in the EDA packet but ultimately, it would be approving a not-to-exceed amount of TIF. So, even with a slight reduction or increase in numbers, it comes out to the same place. Mr. Dahl stated the developer submitted their sources and uses and are requesting TIF assistance for just over $830,000 and also looking for a deferred loan over several years for land acquisition for the full amount of the land they are proposing to acquire for $712,000. This is what the developer was requesting back in March of 2020. He stated their initial proposal was $1.7 million in TIF assistance and the land for free. There have been several discussions between the City, developer, and EDA since that time so they are now at their current proposal and request. Mr. Dahl stated Ehlers conducted a proforma analysis to understand how much assistance a development needs to move forward. To do that, Ehlers compares projects against one another in the metro. They compare development figures against industry standards including land acquisition, construction costs, other project costs such as financing, professional fees, reserves, and other things that go into the total development cost of an apartment project. Ehlers also looks at the return on investment, though that is not as important when looking at a low-income housing tax credit project because their return looks at it from a different lens. A tax credit investor is looking to receive tax credits and does not want a tax liability for a project to have cash flow. Typically, these projects won’t cash flow for the first 11-15 years, which is another nuance of a low-income housing tax credit project instead of a typical market-rate project. 06/28/21 -5- DRAFT Mr. Dahl stated the second thing they look at is to assure their development components are accounted for correctly and considered, including revenues, expenditures, if within typical projects. They also look at their debt service because ultimately, they want to maximize the private investment within a project before considering providing public assistance to fill a gap. They want to make sure they are providing the last remaining gap, not leaving other private dollars on the table that could have been in the project. Mr. Dahl stated with that review and analysis, Ehlers ultimately came up with the notion that the request of JO Companies was more than necessary for this to be feasible and move forward. Based on what they were looking for with TIF assistance at $830,000 and a deferred loan of about $712,000 for the land, Ehlers looked at maximizing their first mortgage and increased that. Ehlers also noticed they could potentially defer more of their developer fee. Another nuance with this type of project is that you typically have a deferred developer fee and this ultimately reduces the gap of the project to make it feasible. But they will not be compensated upfront for their time and energy once the project closes. Instead, they get repaid from cash flow on the back end after the project has stabilized. So, they are getting repaid for their time and energy over the life of the project versus upfront like a typical market-rate project. With that, Ehlers typically sees a deferred developer fee and noticed they could ultimately increase it. Mr. Dahl stated Ehlers restructured the assistance so it was a pay-to note over 15 years with the option for a land write-down of about 1.1% of the total development costs. The unique thing about doing this is that within a TIF District, the City would be able to recapture that land write down on the back end after the pay-go TIF note has been repaid. Because, whether we leave it in the existing TIF District or create a new TIF District, we ultimately have enough increment to assist the developer but also recoup that land write down at the beginning that was provided to the project. Mr. Dahl displayed a slide showing the sources and uses with the numbers Ehlers recommended be changed. They increased the first mortgage, decreased the TIF note, and increased the deferred developer fee. He explained they were previously only deferring about 27% but Ehlers pushed to 38% as most projects can support from 30% to 50% deferred. The land write down is also in there. So, instead of providing a deferred loan for the full price of the land, the EDA will be receiving a substantial portion of that at closing but also providing a land write-down of about $214,000 upfront and recapturing that on the back end of the TIF District obligation that has been repaid to the developer. Mr. Dahl stated next steps for the project, if approved tonight, are for JO Properties to submit a tax credit application to MHFA by or before July 15, 2021, tax credits are awarded in late November beginning of December. Should JO Properties not receive the necessary tax credits this year, there is an option to apply for tax credits again next year. Once JO Properties secures the necessary tax credits, Ehlers will do a final financial review and verification to determine the final amount of public assistance. He explained they use a lot of assumptions with these types of projects and also use current market conditions versus when a typical project may end up moving forward once tax credits are secured. Ehlers wants to verify everything they are using today to size the assistance is still accurate if in six months from now, or a year or two years from now. 06/28/21 -6- DRAFT Ehlers wants to make sure the EDA is not over subsidizing a project and leaving money on the table from available private financing. Mr. Dahl stated another nuance, and hopefully, there is more clarity by July 1, is that the Minnesota Legislature is looking at reducing the affordable tax class for apartments. With that reduction, it may ultimately reduce taxes for a project like this and that will lower the amount of TIF. So instead of showing the $790,000 over 15 years, it may only end up being $560,000 over 15 years if that gets approved in the Omnibus Tax Bill. He explained what the EDA is considering, is approving a 15-year term and the land write-down of 1.1% of the total development costs. Ehlers always structures the resolution in such a way that it is a not-to-exceed amount because we cannot commit TIF dollars until having the Statutorily required approval process to create a TIF District. President Pro Tem Butler thanked staff and Mr. Dahl for the presentation and opened the floor for Commissioner comments and questions. Commissioner Ryan referenced the Omnibus Tax Bill and stated his concern that the class rate will be reduced for rental property generally. He noted Mr. Dahl had mentioned specifically taxes related to affordable housing units and asked how that might generally create more challenges for financing affordable housing. Mr. Dahl stated that is a great question and ultimately what this tax rate reduction does for affordable housing apartment projects, is to make them more feasible without assistance because they are paying fewer taxes and able to finance more in a first mortgage. He explained that specifically with this low-income housing tax credit program, most mortgages and private financing is based on their net operating income. So, when you have capped rental rates with affordable units and you lower expenses, you ultimately increase the amount for net operating income and can increase the amount you can receive for a first mortgage. So, that reduction helps affordable housing and new affordable housing because the affordable housing tax classification is based on a two-tier structure. The first tier, up to a certain amount, is taxed at .75% and any amount over and above that is based on .25%. The Minnesota Legislature is proposing to reduce the first tier so it reduces the amount of estimated market value at that higher tax classification. This is targeted towards new affordable housing projects versus existing ones. Commissioner Ryan noted if a given municipal jurisdiction has a fairly high percentage of multi- family housing generally, without the State making them whole, that could create a real challenge for the tax base given tax capacity shifts. Mr. Dahl stated that is true but we are looking at existing affordable housing projects versus new affordable housing projects and that first tier breakeven. He explained you may not see as much of a reduction as you are probably thinking because new affordable housing coming online has a higher estimated market value than existing ones. That breakeven point for the first tier may eliminate some of that but it could have some reduction in the property taxes that the City would collect. Commissioner Ryan noted it has a narrower application. Mr. Dahl confirmed that is correct. Commissioner Ryan thanked Mr. Dahl for answering his questions. 06/28/21 -7- DRAFT Commissioner Graves moved and Commissioner Lawrence-Anderson seconded to adopt RESOLUTION NO. 2021-08 Supporting Use of Tax Increment Financing for a Rental Housing Development Project. Motion passed unanimously. 4c. RESOLUTION NO. 2021-09 APPROVING AN OPTION AGREEMENT WITH JO PROPERTIES FOR CERTAIN EDA-OWNED PARCELS AND TERM SHEET Ms. Beekman stated the other items before the EDA are an option agreement on the property and a term sheet. The option agreement would provide the developer with exclusive rights as well as an option to purchase the property during the option period, provided they meet certain conditions of the agreement. The option period would between at the execution of this agreement and not terminate until 60 days after receiving financing or January 1, 2023. This provides the developer with two funding cycles in the event they do not receive tax credits during this round. The option agreement would remain in existence and allow them to go back next year for funding as well. Ms. Beekman advised there are provisions for earnest money and down payment at execution of the option. One of the requirements is for the developer to obtain financing, both tax credits as well as approved TIF and land use approvals before closing. This action would not deem any kind of approval as they would have to come back later. Ms. Beekman stated the purchase price, as written in the purchase agreement is that it is greater than $712,000 or appraised value of the property at the time the option is exercised. She noted an appraisal will be done and it may come back higher, minus the 1.1% of the total development costs. Now it is estimated that 1.1% would be approximately $214,000, hence the land write-down of $214,000, but the City would have the opportunity to recoup that land write down, if it chooses, in the year 16 and beyond of the TIF District. Ms. Beekman stated the term sheet will lay out the framework for the future development agreement with conditions for the developer as well as the EDA. It requires the developer to execute the developer agreement and secure finance to construct the minimum improvements, to obtain site control, and to satisfy all of the requirements within the option agreement. Ms. Beekman stated the EDA has conditions placed that they sell the property to the developer after all of the proceedings that have met those conditions, the EDA will consider and approve the construction plans provided they meet requirements, the City will consider and ultimately approve the planning application assuming it meets all of the City requirements and State statute, the City will enter into a development agreement, and contingencies under the option agreement that need to be met as well. Ms. Beekman noted the minimum improvements are defined as 54 units of multi-family, at a minimum because it is a Housing TIF District, and as required by State Statute, at least 40% of the units be considered affordable. She noted that with this particular project, 100% of the units would 06/28/21 -8- DRAFT be affordable but these are the minimum requirements of State law. It lays out a construction schedule and minimum terms for the TIF note. Ms. Beekman stated the motion before the EDA is to adopt a resolution approving the option agreement as well as the term sheet. She offered to answer questions of the EDA. Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO. 2021-09 Approving an Option Agreement with JO Properties for certain EDA-owned parcels and a term sheet. Motion passed unanimously. 5. ADJOURNMENT Commissioner Lawrence-Anderson moved and Commissioner Ryan seconded adjournment of the Economic Development Authority meeting at 9:26 p.m. Motion passed unanimously. Economic Development Authority DAT E:7/12/2021 TO :C ity C ouncil F R O M:D r. Reggie Edwards, A c"ng City Manager T H R O U G H :D oran M. Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu"on A uthoriz ing the D edica"on of Temporary and Permanent Eas ements on Economic D evelopment A uthority (E DA ) P roperty at 6101 Brooklyn Boulevard, 6107 Brooklyn Boulevard, 6234 Brooklyn Boulevard, and 5836 Brooklyn Boulevard Requested Council A con: Mo"on to appr ove a r es olu"on authorizing the dedica"on of temporary and permanent eas ements on E DA property at 6101 Brookly n Boulevard, 6107 B rook lyn Boulevard, 6 2 3 4 Br ookly n Boulev ard, and 5836 Brooklyn Boulevard pertaining to the Brooklyn Boulevard C orridor P roject P hase 2 I mprovements. B ackground: O n May 3, 2021, the C ity C ouncil aw arded the contract for the Br ookly n Boulev ard C or ridor P roj ect P has e 2 I mprovements and determined the neces s ity for and authorized the acquis i"on of certain property eas ements for the B rook lyn Boulevard proj ect. A s part of this proj ect, exis "ng sidew alk and propos ed improvements such as s idewalks, tr ails , u"li"es and other streets cape elements hav e been iden"fied that fall outs ide of exis"ng public eas ement areas. The a@ached maps s how the extent of the easements needed for the proposed improvements w ithin the E DA -owned parcels located along Brooklyn Boulevard. The propos ed dedica"ons include: Parcel N o. 1 2 ; 6 1 0 1 Brooklyn Boulev ard (P I N 34-119-21-43-0050): This parcel requires both a permanent easement and temporary cons tr uc"on easement. T his includes appr oximately 1,658 square-feet of permanent drainage, u"lity, s idew alk and trail eas ement and 1 ,035 s quare feet of temporary construc"on easement. Parcel N o. 1 3 ; 6 1 0 7 Brooklyn Boulev ard (P I N 34-119-21-43-0049): This parcel requires both a permanent easement and temporary cons tr uc"on easement. T his includes appr oximately 1,866 square-feet of permanent drainage, u"lity, s idew alk and trail eas ement and 1 ,734 s quare feet of temporary construc"on easement. Parcel N o. 4 2 ; 6 2 3 4 Brooklyn Boulev ard (P I N 34-119-21-43-0001): This parcel requires both a permanent easement and temporary cons tr uc"on easement. T his includes appr oximately 1,045 square-feet of permanent drainage, u"lity, s idew alk and trail eas ement and 1 ,205 s quare feet of temporary construc"on easement. Parcel No. 54; 5836 Brooklyn Boulevard (P I N 03-118-21-13-0041): This parcel requires only a permanent eas ement. This includes approximately 1,5 1 6 square-feet of permanent drainage, u"lity, sidew alk and trail easement. The City A@orney has review ed all easement documents and concurs to the purpos e and form of the eas ements. B udget I ssues: Eas ement recording fees will be paid for out of the improvement project budget. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Key Transporta"on I nvestments AT TA C H M E N TS : D escrip"on U pload D ate Type Res olu"on 7/6/2021 Resolu"on Le@er Parcel 12 - Eas ement Packet 7/6/2021 Backup M aterial Parcel 13 - Eas ement Packet 7/6/2021 Backup M aterial Parcel 42 - Eas ement Packet 7/6/2021 Backup M aterial Parcel 54 - Eas ement Packet 7/6/2021 Backup M aterial BR305-1-728792.v1 Commissioner _________________ introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2021-____ RESOLUTION AUTHORIZING THE DEDICATION OF TEMPORARY AND PERMANENT EASEMENTS ON ECONOMIC DEVELOPMENT AUTHORITY (EDA) PROPERTY AT 6101 BROOKLYN BOULEVARD, 6107 BROOKLYN BOULEVARD, 6234 BROOKLYN BOULEVARD, AND 5836 BROOKLYN BOULEVARD WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the “Authority”) is the owner of the following properties: Parcel 12 – 6101 Brooklyn Boulevard, PID 34-119-21-43-0050 Parcel 13 – 6107 Brooklyn Boulevard, PID 34-119-21-43-0049 Parcel 42 – 6234 Brooklyn Boulevard, PID 34-119-21-43-0001 Parcel 54 – 5836 Brooklyn Boulevard, PID 03-118-21-13-0041 (collectively, the “Authority Parcels”); and WHEREAS, said Authority Parcels are located on Brooklyn Boulevard; and WHEREAS, the City of Brooklyn Center (the “City) and Hennepin County (the “County”) are constructing improvements to Brooklyn Boulevard, including sidewalk and trail improvements and drainage and utility improvements (the “Improvements”); and WHEREAS, the City and the County are in need of temporary construction easements and permanent easements over the Authority Parcels in order to construct the Improvements; and WHEREAS, the Authority is willing to grant said easements to the City and the County for the Improvements; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows: 1. The EDA hereby approves the following easements, which are attached hereto: a. Permanent Easement for Drainage and Utility and Sidewalk and Trail Purposes (Parcel 12). b. Temporary Construction Easement (Parcel 12). c. Permanent Easement for Drainage and Utility and Sidewalk and Trail Purposes (Parcel 13). d. Temporary Construction Easement (Parcel 13). e. Permanent Easement for Drainage and Utility and Sidewalk and Trail Purposes (Parcel 42). f. Temporary Construction Easement (Parcel 42). BR305-1-728792.v1 g. Permanent Easement for Drainage and Utility and Sidewalk and Trail Purposes (Parcel 54). 2. The approval hereby given to the easement documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. 3. The Board hereby determines that the execution of the easement documents will help realize the public purposes of the Economic Development Authority Act. _______July 12, 2021__________ _________________________________ Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 BR291-10-728408.v1 PERMANENT EASEMENT FOR DRAINAGE AND UTILITY AND SIDEWALK AND TRAIL PURPOSES (PARCEL 12) THIS INSTRUMENT is made this day of , 2021 by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota (“Grantor”) in favor of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota and Hennepin County, a body politic and corporate under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Brooklyn Center, Minnesota legally described on Exhibit A attached hereto (the “Property”). B. Grantor desires to grant to Grantees a permanent non-exclusive easement for the drainage and utility purposes and sidewalk and trail purposes according to the terms and conditions contained herein. Terms of Permanent Easement 1. Grant of Permanent Easement. For good and valuable consideration, receipt of which is acknowledged by Grantees, Grantor grants and conveys to Grantees a perpetual easement for drainage and utility and trail and sidewalk purposes, over, under, across, and through that portion of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the “Easement Area”). “Trail and sidewalk purposes” means the use of trail facilities by pedestrians, bicycles, city and county public safety and public works vehicles, electric-powered wheelchairs, and small electric carts operated by physically handicapped people. The use of trail and sidewalk facilities by snowmobiles or all-terrain vehicles is not permitted. 2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement and sidewalk and trail easement granted herein includes the right of the Grantees, their contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering, and repairing the utilities, drainage ways, stormwater facilities, sidewalks, and trails in the Easement Area. 2 BR291-10-728408.v1 The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations as in Grantees’ judgment unreasonable interfere with the easement or the function of facilities located therein. 3. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or the Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 3 BR291-10-728408.v1 IN WITNESS WHEREOF, the Grantor has hereunto ex ecuted this Easement on the day and year first above written. GRANTOR: Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ___________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this ____ day of ________________, 2021, by Mike Elliott and _____________________, the President and Executive Director, respectively, of the Economic Development Authority of Brooklyn Center, a public body corporate and politic under the laws of Minnesota on behalf of the Authority, Grantor. ____________________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 4 BR291-10-728408.v1 Exhibit A Legal Description of the Property Lot 2, except that part thereof which lies northeasterly of a line run parallel with and distant 42 feet southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds, with said North section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees, 20 minutes, 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run Northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree, 00 minute curve (delta angle 17 degrees, 20 minutes, 35.2 seconds) for 867.16 feet and there terminating, also except a triangular piece of the above described part of Lot 2 lying southeasterly of the following described line: Beginning at a point on the Northeasterly line of the above described part of Lot 2, distant 30 feet northwesterly of its intersection with the Southerly boundary of said Lot 2; thence run southwesterly to a point on said Southerly boundary, distant 30 feet westerly of said intersection, Block 6, WANGSTAD’S BROOKLYN TERRACE, according to the recorded plat thereof, County of Hennepin, State of Minnesota. 5 BR291-10-728408.v1 EXHIBIT B Legal Description of the Easement Area A perpetual easement for drainage, utility, sidewalk, and trail purposes over, under, across and through part of the following described property: Lot 2, except that part thereof which lies northeasterly of a line run parallel with and distant 42 feet southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds, with said North section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees, 20 minutes, 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run Northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree, 00 minute curve (delta angle 17 degrees, 20 minutes, 35.2 seconds) for 867.16 feet and there terminating, also except a triangular piece of the above described part of Lot 2 lying southeasterly of the following described line: Beginning at a point on the Northeasterly line of the above described part of Lot 2, distant 30 feet northwesterly of its intersection with the Southerly boundary of said Lot 2; thence run southwesterly to a point on said Southerly boundary, distant 30 feet westerly of said intersection, Block 6, WANGSTAD’S BROOKLYN TERRACE. Said perpetual easement is described as the easterly 15.2 feet of said described property. 6 BR291-10-728408.v1 EXHIBIT C Depiction of the Easement Area 1 BR291-10-728500.v1 TEMPORARY CONSTRUCTION EASEMENT (PARCEL 12) THIS INSTRUMENT is made by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota, Grantor, in favor of the City of Brooklyn Center, a municipal corporation under the laws of the State of Minnesota and Hennepin County, a body corporate and politic under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Hennepin County, Minnesota (the “Property”) and legally described on Exhibit A attached hereto. B. Grantor desires to grant to the Grantees a temporary construction easement (the “Easement”) according to the terms and conditions contained herein. Terms of Temporary Construction Easement 1. Grant of Temporary Construction Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantees the following Easement which is legally described on Exhibit B (the “Easement Area”) and depicted on Exhibit C attached hereto. 2. Scope of Easement. The above-described Easement includes the rights of the Grantees, their contractors, agents, and employees to enter the Easement Area at all reasonable times to stage, operate, and store equipment as needed to complete construction activities. Displacing soil and grading are permissible. The temporary easement granted herein also includes the right to cut, trim, or remove any landscaping, trees, shrubs, improvements, or vegetation within the Easement Area that in the Grantees’ judgment unreasonably interferes with the scope of this Easement. Grantor will not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Easement Area during the term of this Easement, either above or below the surface or change the grade thereof without the express written permission of the Grantees. BR291-10-728500.v1 2 3. Warranty of Title. Grantor warrants that it is the owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor, its successors and assigns. 6. Term. The easement granted herein shall commence on April 1, 2021 and expire on November 30, 2022. 7. Restoration. Grantees shall, upon completion of construction and prior to termination of this easement, restore the ground surface of the Easement Area to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts, and any removal of any earth, other materials, trees, and other vegetation. STATE DEED TAX DUE HEREON: NONE BR291-10-728500.v1 3 Dated this ____ day of ______________, 2021. GRANTOR Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ____________________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021 by Mike Elliott and _____________________, the President and the __________________ of the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of the Authority, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 A-1 BR291-10-728500.v1 EXHIBIT A TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Property Lot 2, except that part thereof which lies northeasterly of a line run parallel with and distant 42 feet southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds, with said North section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees, 20 minutes, 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run Northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree, 00 minute curve (delta angle 17 degrees, 20 minutes, 35.2 seconds) for 867.16 feet and there terminating, also except a triangular piece of the above described part of Lot 2 lying southeasterly of the following described line: Beginning at a point on the Northeasterly line of the above described part of Lot 2, distant 30 feet northwesterly of its intersection with the Southerly boundary of said Lot 2; thence run southwesterly to a point on said Southerly boundary, distant 30 feet westerly of said intersection, Block 6, WANGSTAD’S BROOKLYN TERRACE, according to the recorded plat thereof, County of Hennepin, State of Minnesota. BR291-10-728500.v1 EXHIBIT B TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Easement Area A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 2, except that part thereof which lies northeasterly of a line run parallel with and distant 42 feet southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds, with said North section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees, 20 minutes, 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run Northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree, 00 minute curve (delta angle 17 degrees, 20 minutes, 35.2 seconds) for 867.16 feet and there terminating, also except a triangular piece of the above described part of Lot 2 lying southeasterly of the following described line: Beginning at a point on the Northeasterly line of the above described part of Lot 2, distant 30 feet northwesterly of its intersection with the Southerly boundary of said Lot 2; thence run southwesterly to a point on said Southerly boundary, distant 30 feet westerly of said intersection, Block 6, WANGSTAD’S BROOKLYN TERRACE. Said temporary easement is described as the westerly 8.80 feet of the easterly 24.00 feet of said described property. BR291-10-728500.v1 EXHIBIT C TO TEMPORARY CONSTRUCTION EASEMENT Depiction of the Easement Area 1 BR291-10-728457.v1 PERMANENT EASEMENT FOR DRAINAGE AND UTILITY AND SIDEWALK AND TRAIL PURPOSES (PARCEL 13) THIS INSTRUMENT is made this day of , 2021 by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota (“Grantor”) in favor of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota and Hennepin County, a body politic and corporate under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Brooklyn Center, Minnesota legally described on Exhibit A attached hereto (the “Property”). B. Grantor desires to grant to Grantees a permanent non-exclusive easement for the drainage and utility purposes and sidewalk and trail purposes according to the terms and conditions contained herein. Terms of Permanent Easement 1. Grant of Permanent Easement. For good and valuable consideration, receipt of which is acknowledged by Grantees, Grantor grants and conveys to Grantees a perpetual easement for drainage and utility and trail and sidewalk purposes, over, under, across, and through that portion of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the “Easement Area”). “Trail and sidewalk purposes” means the use of trail facilities by pedestrians, bicycles, city and county public safety and public works vehicles, electric-powered wheelchairs, and small electric carts operated by physically handicapped people. The use of trail and sidewalk facilities by snowmobiles or all-terrain vehicles is not permitted. 2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement and sidewalk and trail easement granted herein includes the right of the Grantees, their contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering, and repairing the utilities, drainage ways, stormwater facilities, sidewalks, and trails in the Easement Area. 2 BR291-10-728457.v1 The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations as in the Grantees’ judgment unreasonable interfere with the easement or the function of facilities located therein. 3. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or the Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 3 BR291-10-728457.v1 IN WITNESS WHEREOF, the Grantor has hereunto ex ecuted this Easement on the day and year first above written. GRANTOR: Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ___________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this ____ day of ________________, 2021, by Mike Elliott and _____________________, the President and Executive Director, respectively, of the Economic Development Authority of Brooklyn Center, a public body corporate and politic under the laws of Minnesota on behalf of the Authority, Grantor. ____________________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 4 BR291-10-728457.v1 Exhibit A Legal Description of the Property Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 01 minutes and 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating, Block 6, WANGSTAD’S BROOKLYN TERRACE, according to the recorded plat thereof, County of Hennepin, State of Minnesota. 5 BR291-10-728457.v1 EXHIBIT B Legal Description of the Easement Area A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and through part of the following described property: Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 01 minutes and 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating, Block 6, WANGSTAD’S BROOKLYN TERRACE. Said perpetual easement is described as the easterly 15.2 feet of said described property. 6 BR291-10-728457.v1 EXHIBIT C Depiction of the Easement Area 1 TEMPORARY CONSTRUCTION EASEMENT (PARCEL 13) THIS INSTRUMENT is made by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota, Grantor, in favor of the City of Brooklyn Center, a municipal corporation under the laws of the State of Minnesota and Hennepin County, a body corporate and politic under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Hennepin County, Minnesota (the “Property”) and legally described on Exhibit A attached hereto. B. Grantor desires to grant to the Grantees a temporary construction easement (the “Easement”) according to the terms and conditions contained herein. Terms of Temporary Construction Easement 1. Grant of Temporary Construction Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantees the following Easement which is legally described on Exhibit B (the “Easement Area”) and depicted on Exhibit C attached hereto. 2. Scope of Easement. The above-described Easement includes the rights of the Grantees, their contractors, agents, and employees to enter the Easement Area at all reasonable times to stage, operate, and store equipment as needed to complete construction activities. Displacing soil and grading are permissible. The temporary easement granted herein also includes the right to cut, trim, or remove any landscaping, trees, shrubs, improvements, or vegetation within the Easement Area that in the Grantees’ judgment unreasonably interferes with the scope of this Easement. Grantor will not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Easement Area during the term of this Easement, either above or below the surface or change the grade thereof without the express written permission of the Grantees. 2 3. Warranty of Title. Grantor warrants that it is the owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor, its successors and assigns. 6. Term. The easement granted herein shall commence on April 1, 2021 and expire on November 30, 2022. 7. Restoration. Grantees shall, upon completion of construction and prior to termination of this easement, restore the ground surface of the Easement Area to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts, and any removal of any earth, other materials, trees, and other vegetation. STATE DEED TAX DUE HEREON: NONE 3 Dated this ____ day of ______________, 2021. GRANTOR Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ____________________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021 by Mike Elliott and _____________________, the President and the __________________ of the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of the Authority, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 A-1 EXHIBIT A TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Property Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the North line of section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 01 minutes and 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating, Block 6, WANGSTAD’S BROOKLYN TERRACE, according to the recorded plat thereof, County of Hennepin, State of Minnesota. BR291-10-728487.v1 EXHIBIT B TO TEMPORARY CONSTRUCTION EASEMENT Legal Descriptions of the Easement Area A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the North line of section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 01 minutes and 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating, Block 6, WANGSTAD’S BROOKLYN TERRACE. Said temporary easement is described as the westerly 8.80 feet of the easterly 24.00 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the westerly 5.60 feet of the easterly 29.40 feet of the northerly 28.00 feet of said described property. BR291-10-728487.v1 EXHIBIT C TO TEMPORARY CONSTRUCTION EASEMENT Depiction of the Easement Area 1 BR291-10-728467.v1 PERMANENT EASEMENT FOR DRAINAGE AND UTILITY AND SIDEWALK AND TRAIL PURPOSES (PARCEL 42) THIS INSTRUMENT is made this day of , 2021 by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota (“Grantor”) in favor of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota and Hennepin County, a body politic and corporate under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Brooklyn Center, Minnesota legally described on Exhibit A attached hereto (the “Property”). B. Grantor desires to grant to Grantees a permanent non-exclusive easement for the drainage and utility purposes and sidewalk and trail purposes according to the terms and conditions contained herein. Terms of Permanent Easement 1. Grant of Permanent Easement. For good and valuable consideration, receipt of which is acknowledged by Grantees, Grantor grants and conveys to Grantees a perpetual easement for drainage and utility and trail and sidewalk purposes, over, under, across, and through that portion of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the “Easement Area”). “Trail and sidewalk purposes” means the use of trail facilities by pedestrians, bicycles, city and county public safety and public works vehicles, electric-powered wheelchairs, and small electric carts operated by physically handicapped people. The use of trail and sidewalk facilities by snowmobiles or all-terrain vehicles is not permitted. 2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement and sidewalk and trail easement granted herein includes the right of the Grantees, their contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering, and repairing the utilities, drainage ways, stormwater facilities, sidewalks, and trails in the Easement Area. 2 BR291-10-728467.v1 The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations as in the Grantees’ judgment unreasonable interfere with the easement or the function of facilities located therein. 3. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or the Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 3 BR291-10-728467.v1 IN WITNESS WHEREOF, the Grantor has hereunto ex ecuted this Easement on the day and year first above written. GRANTOR: Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ___________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this ____ day of ________________, 2021, by Mike Elliott and _____________________, the President and Executive Director, respectively, of the Economic Development Authority of Brooklyn Center, a public body corporate and politic under the laws of Minnesota on behalf of the Authority, Grantor. ____________________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 4 BR291-10-728467.v1 Exhibit A Legal Description of the Property That part of Lot 18, AUDITOR’S SUBDIVISION NO. 25, Hennepin County, Minnesota described as commencing at a point distant 495.22 feet west from a point on the east line of said Lot 18 distant 120 feet south from the northeast corner thereof; thence North a distance of 86 feet; thence West a distance of 206.40 feet to the easterly line of State Highway; thence southeasterly a distance of 93.91 feet along said highway line; thence East a distance of 174.11 feet to the beginning. 5 BR291-10-728467.v1 EXHIBIT B Legal Description of the Easement Area A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and through part of the following described property: That part of Lot 18, AUDITOR’S SUBIDVISION NO. 25, Hennepin County, Minnesota described as commencing at a point distant 495.22 feet west from a point on the east line of said Lot 18 distant 120 feet south from the northeast corner thereof; thence North a distance of 86 feet; thence West a distance of 206.40 feet to the easterly line of State Highway; thence southeasterly a distance of 93.91 feet along said highway line; thence East a distance of 174.11 feet to the beginning. Said perpetual easement is described as the westerly 11.20 feet of said described property. 6 BR291-10-728467.v1 EXHIBIT C Depiction of the Easement Area 1 BR291-10-728502.v1 TEMPORARY CONSTRUCTION EASEMENT (PARCEL 42) THIS INSTRUMENT is made by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota, Grantor, in favor of the City of Brooklyn Center, a municipal corporation under the laws of the State of Minnesota and Hennepin County, a body corporate and politic under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Hennepin County, Minnesota (the “Property”) and legally described on Exhibit A attached hereto. B. Grantor desires to grant to the Grantees a temporary construction easement (the “Easement”) according to the terms and conditions contained herein. Terms of Temporary Construction Easement 1. Grant of Temporary Construction Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantees the following Easement which is legally described on Exhibit B (the “Easement Area”) and depicted on Exhibit C attached hereto. 2. Scope of Easement. The above-described Easement includes the rights of the Grantees, their contractors, agents, and employees to enter the Easement Area at all reasonable times to stage, operate, and store equipment as needed to complete construction activities. Displacing soil and grading are permissible. The temporary easement granted herein also includes the right to cut, trim, or remove any landscaping, trees, shrubs, improvements, or vegetation within the Easement Area that in the Grantees’ judgment unreasonably interferes with the scope of this Easement. Grantor will not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Easement Area during the term of this Easement, either above or below the surface or change the grade thereof without the express written permission of the Grantees. BR291-10-728502.v1 2 3. Warranty of Title. Grantor warrants that it is the owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor, its successors and assigns. 6. Term. The easement granted herein shall commence on April 1, 2021 and expire on November 30, 2022. 7. Restoration. Grantees shall, upon completion of construction and prior to termination of this easement, restore the ground surface of the Easement Area to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts, and any removal of any earth, other materials, trees, and other vegetation. STATE DEED TAX DUE HEREON: NONE BR291-10-728502.v1 3 Dated this ____ day of ______________, 2021. GRANTOR Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ____________________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021 by Mike Elliott and _____________________, the President and the __________________ of the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of the Authority, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 A-1 BR291-10-728502.v1 EXHIBIT A TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Property That part of Lot 18, AUDITOR’S SUBDIVISION NO. 25, Hennepin County, Minnesota described as commencing at a point distant 495.22 feet west from a point on the east line of said Lot 18 distant 120 feet south from the northeast corner thereof; thence North a distance of 86 feet; thence West a distance of 206.40 feet to the easterly line of State Highway; thence southeasterly a distance of 93.91 feet along said highway line; thence East a distance of 174.11 feet to the beginning. BR291-10-728502.v1 EXHIBIT B TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Easement Area A temporary easement for construction purposes over, under, across and through part of the following described property: That part of Lot 18, AUDITOR’S SUBIDVISION NO. 25, Hennepin County, Minnesota described as commencing at a point distant 495.22 feet west from a point on the east line of said Lot 18 distant 120 feet south from the northeast corner thereof; thence North a distance of 86 feet; thence West a distance of 206.40 feet to the easterly line of State Highway; thence southeasterly a distance of 93.91 feet along said highway line; thence East a distance of 174.11 feet to the beginning. Said temporary easement is described as the easterly 12.80 feet of the westerly 24.00 feet of said described property. BR291-10-728502.v1 EXHIBIT C TO TEMPORARY CONSTRUCTION EASEMENT Depiction of the Easement Area 1 BR291-10-728484.v1 PERMANENT EASEMENT FOR DRAINAGE AND UTILITY AND SIDEWALK AND TRAIL PURPOSES (PARCEL 54) THIS INSTRUMENT is made this day of , 2021 by the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota (“Grantor”) in favor of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota and Hennepin County, a body politic and corporate under the laws of Minnesota (collectively, the “Grantees”). Recitals A. Grantor is the fee owner of the property located in Brooklyn Center, Minnesota legally described on Exhibit A attached hereto (the “Property”). B. Grantor desires to grant to Grantees a permanent non-exclusive easement for the drainage and utility purposes and sidewalk and trail purposes according to the terms and conditions contained herein. Terms of Permanent Easement 1. Grant of Permanent Easement. For good and valuable consideration, receipt of which is acknowledged by Grantees, Grantor grants and conveys to Grantees a perpetual easement for drainage and utility and trail and sidewalk purposes, over, under, across, and through that portion of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the “Easement Area”). “Trail and sidewalk purposes” means the use of trail facilities by pedestrians, bicycles, city and county public safety and public works vehicles, electric-powered wheelchairs, and small electric carts operated by physically handicapped people. The use of trail and sidewalk facilities by snowmobiles or all-terrain vehicles is not permitted. 2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement and sidewalk and trail easement granted herein includes the right of the Grantees, their contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering, and repairing the utilities, drainage ways, stormwater facilities, sidewalks, and trails in the Easement Area. 2 BR291-10-728484.v1 The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations as in Grantees’ judgment unreasonable interfere with the easement or the function of facilities located therein. 3. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the right, title, and capacity to convey to the Grantees the easement herein. 4. Environmental Matters. The Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or the Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 3 BR291-10-728484.v1 IN WITNESS WHEREOF, the Grantor has hereunto ex ecuted this Easement on the day and year first above written. GRANTOR: Economic Development Authority of Brooklyn Center, Minnesota By: Mike Elliott Its: President By: ___________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this ____ day of ________________, 2021, by Mike Elliott and _____________________, the President and Executive Director, respectively, of the Economic Development Authority of Brooklyn Center, a public body corporate and politic under the laws of Minnesota on behalf of the Authority, Grantor. ____________________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 4 BR291-10-728484.v1 Exhibit A Legal Description of the Property All that part of Lot 6, which lies easterly of a line run parallel with and distant 18 feet easterly of the following described line: From a point on the North line of Section 3, Township 118, Range 21 distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 1 minute 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right, an angle of 17 degrees 20 minutes 35.2 seconds for 1271.51 feet; thence deflect to the left, an angle of 90 degrees for 24 feet to the point of beginning of the line to be described; thence deflect to the right, at an angle of 90 degrees for 19.92 feet; thence deflect to the left on a 3 degree curve (delta angle of 9 degrees 36 minutes 45 seconds) for 320.42 feet and there terminating, Block 4, “GRIMMS SECOND ADDITION,” according to the recorded plat thereof, County of Hennepin, State of Minnesota. 5 BR291-10-728484.v1 EXHIBIT B Legal Description of the Easement Area A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and through part of the following described property: All that part of Lot 6, which lies easterly of a line run parallel with and distant 18 feet easterly of the following described line: From a point on the North line of Section 3, Township 118, Range 21 distant 1741.08 feet West of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 1 minute 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right, an angle of 17 degrees 20 minutes 35.2 seconds for 1271.51 feet; thence deflect to the left, an angle of 90 degrees for 24 feet to the point of beginning of the line to be described; thence deflect to the right, at an angle of 90 degrees for 19.92 feet; thence deflect to the left on a 3 degree curve (delta angle of 9 degrees 36 minutes 45 seconds) for 320.42 feet and there terminating, Block 4, “GRIMMS SECOND ADDITION” Said perpetual easement being that part of said described property lying westerly of a curve concave to the east having a radius of 2515.48 feet. Said curve passes through a point on the north line of said described property distant 18.86 feet easterly of the northwest corner of said described property and passes through a point on the south line of said described property distant 21.46 feet easterly of the southwest corner of said described property. 6 BR291-10-728484.v1 EXHIBIT C Depiction of the Easement Area Economic Development Authority DAT E:7/12/2021 TO :C ity C ouncil F R O M:D r. Reggie Edwards, A c"ng City Manager T H R O U G H :D oran M. Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu"on A pproving the sale of 6001 Brooklyn Boulevard, 6007 Brooklyn Boulevard and 6301 Brooklyn Boulevard to the C ity of Brooklyn C enter for the Brooklyn Boulevard C orridor P roject P hase 2 I mprovements Requested Council A con: Mo"on to: O pen the public hearing; Take public input; and Close the public hearing. Mo"on to a resolu"on approving the sale of 6001 Brooklyn Boulevard, 6007 Brooklyn Boulevard and 6301 Brooklyn Boulevard to the C ity of Brooklyn Center for the Brook lyn B oulev ar d C orridor P roj ect P has e 2 I mprovements. B ackground: O n M arch 2 5 , 2019, the C ity Council dir ected staff to proceed w ith the preliminary des ign, environmental documenta"on, easement acquis i"on and final des ign w ork for the Brooklyn Boulev ard C or ridor P roject P has e 2 (Bass L ake Road to I nters tate 94), P roject No. 2021-05. A s iden"fied in the City ’s Capital I mprovements P lan (C I P ), this project is s cheduled to be constructed in 2021 and 2022. The proposed s tr eet recons truc"on and s treetscape improvements will improve roadw ay s afety, enhance traffic oper a"ons , reduce acces s points and provide impr oved bicycle and pedes trian facili"es for a one-mile s egment of corridor in B rook lyn C enter between Bas s L ake Road (C S A H 1 0 ) and I nter s tate 94. The project w ill enhance bicycle and pedes trian trav el by adding a tr ail, improv ing s idew alks , tr ans it s tops , adding s treetscaping and landscaping, and improving the func"onality of intersec"ons with modified turn lanes and acces s control throughout the corridor. This project consists of P roj ect Nos. 8, 9 and 1 0 fr om the Brooklyn Boulevard C orridor S tudy. A s part of the project it is propos ed to r ealign A dmiral L ane on the w est s ide of Br ookly n Boulevard to line up with 60th Avenue on the east s ide of Brookly n Boulevard. This propos ed realignment was included with the approved Brooklyn Boulevard Corridor S tudy. The realignment w ill make us e of tw o exis "ng vacant E DA owned pr oper "es at 6 0 0 1 B rook lyn Boulev ard, 6 0 0 7 Brooklyn Boulev ard and 6000 Ew ing Avenue w hich w as directly purchas ed previous ly by the C ity. I t was als o determined during design that the property at 6301 B rook lyn Boulevard w ould be suitable for underground s torm w ater storage for the new ly improved Brooklyn Boulevard s torm w ater sys tem. S taff recommends that a pres enta"on be pr ovided pr ior to holding the public hear ing. Follow ing the pres enta"on, a public hearing to cons ider approv ing the s ale of certain parcels to the C ity of Brooklyn Center should be conducted to receive public comments. The aGached resolu"on is provided for cons idera"on upon clos ing of the public hearing. B udget I ssues: The Brooklyn Boulevard Corridor P roject P has e 2 (Bass L ake Road to I nters tate 94) is iden"fied in the City ’s 2021 Capital I mprovement P rogram and the total project cos t is es"mated to be $15,009,000. The City w ould be purchasing the proper"es for the follow ing; 6001 Brooklyn Boulevard – full acquisi"on for $66,646, 6007 Brooklyn Boulevard - par"al acquis i"on for $43,130, and 6301 Brooklyn Boulevard - full acquisi"on for $20,000. The purchas e prices where nego"ated by the C ity and the E DA and w ould recoup the money that the E DA paid for the proper"es . The total nego"ated cos t of the proper"es is $129,776 and the acquis i"on would be funded out of the overall project budget. The proceeds from this land sale are cons idered Tax I ncrement Revenues and w ill be placed back into the T I F 3 F und. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Key Transporta"on I nvestments AT TA C H M E N TS : D escrip"on U pload D ate Type Res olu"on 7/7/2021 Resolu"on LeGer Parcel S ketches 7/7/2021 Backup M aterial BR305-1-732579.v1 Commissioner _________________ introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2021-____ RESOLUTION APPROVING THE SALE 6001 BROOKLYN BOULEVARD, 6007 BROOKLYN BOULEVARD AND 6301 BROOKLYN BOULEVARD TO THE CITY OF BROOKLYN CENTER FOR THE BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the “Authority”) is the owner of the following properties: Parcel 4 – 6001 Brooklyn Boulevard, PID 03-118-21-12-0020 Parcel 5 – 6007 Brooklyn Boulevard, a portion of PID 03-118-21-12-0019 Parcel 18 – 6301 Brooklyn Boulevard, PID 34-119-21-42-0007 all legally described on the attached Exhibit A (collectively, the “Authority Parcels”); and WHEREAS, said Authority Parcels are located on Brooklyn Boulevard; and WHEREAS, the City of Brooklyn Center (the “City) and Hennepin County are constructing improvements to Brooklyn Boulevard, including sidewalk and trail improvements and drainage and utility improvements (the “Improvements”); and WHEREAS, the City needs to acquire the Authority Parcels in order to construct the Improvements; and WHEREAS, the Authority is authorized pursuant to Minnesota Statutes Sections 469.090 to 469.1081 (the “EDA Act”), to acquire and convey real property and to undertake certain activities to facilitate the development of real property; and WHEREAS, the Authority has on this date conducted a duly noticed public hearing regarding the sale of the Authority Parcels to the City, at which all interested persons were given an opportunity to be heard; and WHEREAS, the Authority finds and determines that conveyance of the Authority Parcels to the City is in the public interest and will further the objectives of its general plan of economic development, because the Improvements to be constructed on the Authority Parcels will serve as an impetus for further development in the City; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows: 1. The EDA hereby approves conveyance of the Authority Parcels to the City. BR305-1-732579.v1 2. The City shall compensate the EDA for the Authority Parcels as follows: a. Parcel 4 - $66,646.00 b. Parcel 5 - $43,130.00 c. Parcel 18 - $20,000.00 3. The approval hereby given with respect to the conveyance of the Authority Parcels to the City includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. 4. The Board hereby determines that the conveyance of the Authority Parcels to the City will help realize the public purposes of the Economic Development Authority Act. _______July 12, 2021__________ _________________________________ Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BR305-1-732579.v1 EXHIBIT A Legal Descriptions of the Authority Parcels Parcel 4 Lot 6, Block 1, Pearsons Northport 3rd Addition, County of Hennepin, State of Minnesota Parcel 5 That part of Lot 5, Block 1, Pearsons Northport 3rd Addition, County of Hennepin, State of Minnesota lying southeasterly of a line run parallel with and distant 30.00 feet northwesterly of the following described line, “Line A”: Said “Line A” is described as commencing at the southeast corner of Lot 7, said Block 1; thence South 89 degrees 56 minutes 34 seconds West, assumed bearing, along the south line of said Lot 7 a distance of 45.34 feet to the point of beginning of said described line; thence northeasterly 53.70 feet along a non-tangential curve concave to the northwest having a radius of 182.00 feet and a central angle of 16 degrees 54 minutes 14 seconds, the chord of said curve bears North 48 degrees 04 minutes 20 seconds East; thence North 39 degrees 37 minutes 13 seconds East, tangent to said curve, a distance of 53.54 feet; thence northeasterly and easterly 143.03 feet along a tangential curve concave to the southeast having a radius of 182.00 feet and a central angle of 45 degrees 16 minutes 50 seconds and said “Line A” there terminating. AND That part of said Lot 5 lying easterly of a line run parallel with and distant 35.00 feet westerly of line described as commencing at the northwest corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a distance of 749.01 feet and said described line there terminating and also lying northerly of a line run parallel with and distant 30.00 feet northwesterly of said “Line A”. Parcel 18 Lot 5, Block 2, Fair Meadows, Hennepin County, Minnesota, except that part thereof which lies Southwesterly of Trunk Highway No. 152 as now located and established and Southeasterly of the following described line: Beginning at a point on the Southwesterly boundary of said Trunk Highway No. 152 distant 25 feet Northwesterly of its intersection with the Northerly boundary of 63rd Avenue North; thence run Southwesterly to a point on said Northerly boundary distant 25 feet Westerly of said intersection and there terminating. 105 105 250 50 SCALE IN FEET BROOKLYN BLVD A D MI R A L L N SUBJECT TO CHANGE DRAFT PARCEL #5 6007 H : \ P r o j e c t s \ 1 1 0 0 0 \ 1 1 7 6 5 \ D e s i g n \ G r a p h i c s \ R i g h t o f W a y \ C i t y O w n e d P a r c e l s \ 1 1 7 6 5 _ g r 0 5 . d g n 6 / 2 9 / 2 0 2 1 1 1 : 5 2 : 1 4 P M PARCELDATE 6/29/2021 PID ADDRESS CITY OF BROOKLYN CENTER SP 109-020-014 BROOKLYN BOULEVARD - PHASE 2 2021-05 TREE W/IN TEMP EASE TREE REMOVAL CONST LIMITS PROPOSED D&U TEMP EASE EXISTING PE EXISTING R/W PARCEL LINE 30' 15.4' 5 03-11-821-12-0019 6007 BROOKLYN BOULEVARD ROAD RW [SQ.FT]REMNANT [SQ.FT] 41556247 D&U, S/T EASE [SQ.FT] 1243 AREA [SQ.FT] PARCEL EXISTING 10402