HomeMy WebLinkAbout2009-119 CCR Member Tim xoche introduced the following
resolution and moved its adoption:
RESOLUTION NO. 2009-119
RESOLUTION AUTHORIZING TERMINATION OF EXISTING
SUBDIVISION AGREEMENTS (RICHARDSON PARK PLAT 1989 AND
RICHARDSON PARK 2 ND ADDITION —1990)
WHEREAS, the City, Shingle Creek Land Company and Mr EMS System, Inc.
entered into that certain Subdivision Agreement dated on or about April 26, 1989, filed May l,
1989 in the Office of the County Recorder of Hennepin County as Document No. 5529233, and
filed April 27, 1989 in the Office of the Registrar of Titles, Hennepin County, Minnesota, as
Document No. 2008690; and
WHEREAS, the City and Shingle Creek Land Company entered into that certain
Subdivision Agreement dated on or about August 14, 1990, filed August 16, 1990 in the Office
of the County Recorder of Hennepin County as Document No. 5692781, and filed August 15,
1990 in the Office of the Registrar of Titles, Hennepin County, Minnesota, as Document No.
2117378 (together with the Subdivision Agreement described in the preceding paragraph, the
"Subdivision Agreements"); and
WHEREAS, the Economic Development Authority of the City of Brooklyn
Center, Minnesota, entered into that certain Real Estate Option Agreement (the "Option
Agreement") with the United States of America, acting by and through the U.S. General Services
Administration ("GSA"), for the purpose of locating certain Federal facilities consisting of office
space to be leased to the Federal Bureau of Investigation containing approximately 162,000
square feet of rentable space with future expansion capabilities in conjunction with an onsite
structured parking facility having a minimum of 200 spaces within the City of Brooklyn Center,
Minnesota (the "Project"); and
WHEREAS, the rights of the GSA under the Option Agreement have been
assigned to Barry Minneapolis, LLC, a developer selected by the GSA to design and build the
Project (the "Developer") and that upon exercise of the option under the Option Agreement, the
Authority and the Developer will enter into a Development Agreement providing for the
Authority's assistance with the Project (the "Development Agreement"); and
WHEREAS, pursuant to the terms of the Option Agreement, the Developer has
obj ected to the current status of certain items of record with respect to the real property on which
the Project is to be situated, including a request that the Subdivision Agreements be terminated;
and
WHEREAS, the City Council has determined that it is necessary and expedient to
so terminate the Subdivision Agreements for the benefit of the Project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, as follows:
RESOLUTION NO 2009
1. The City Council hereby approves the termination of, and does hereby terminate,
the Subdivision Agreements with respect to the real property to be platted as
Richardson Park 3` Addition, Hennepin County, Minnesota, which property is
further described on Exhibit A attached hereto, and the City Manager
is hereby authorized and directed, on behalf of the City, to execute any documents
reasonably required to reflect or document of record such termination, each on
behalf of the City.
2. The approval hereby given to the termination of the Subdivision Agreements with
respect to the Project includes approval of such additional details therein as may
be necessary and appropriate, and such modifications thereof, as may be
necessary and appropriate and approved by the City or Authority officials
authorized by this resolution to execute any document related to the termination
of the Subdivision Agreements. This resolution, together with the execution of
any required documentation to be executed in connection with the termination of
the Subdivision Agreements the appropriate officer or officers of the City or
Authority shall be conclusive evidence of the approval of the termination of the
Subdivision Agreements in accordance with the terms hereof.
Sebtember 28, 2009 ���F�'���.�
Date Mayor
The motion for adoption of the foregoing resolution was duly seconded by member
Mark Yelich
and upon a vote being taken thereon, the following voted in favor thereo£
Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich;
and the following voted against same: none
I whereupon said resolution was declared duly passed and adopted.
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RESOLUTION NO. 2009-119
Exhibit A
Metes and Bounds Description of that Portion to be Platted into
Lot 1, Block 1, RICHARDSON PARK 3RD ADDITION
Tract A, Registered Land Survey No. 1477, according to the recorded plat thereof, Hennepin
County, Minnesota, together with that part of Lot 2, Block 1, RICHARDSON PARK 2ND
ADDITION, according to the recorded plat thereof, said Hennepin County, which lies easterly
and northerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence easterly on an assumed
bearing of North 86 degrees 53 minutes 07 seconds East, along the northerly line of said
Lot 2, a distance of 136.00 feet to the point of beginning of the line to be described;
thence South 3 degrees 07 minutes 12 seconds East a distance of 102.56 feet; thence
South 47 degrees 07 minutes 12 seconds East a distance of 57.45 feet; thence North 89
degrees 58 minutes 58 seconds East to the east line of said Lot 2 and said line there
terminating.
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