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HomeMy WebLinkAbout1984-004 HRARMember Gene Lhotka introduced the following resolution and moved its adoption: HRA RESOLUTION NO. 84-4 RESOLUTION AUTHORIZING THE ACQUISITION AND CONVEYANCE OF EXCESS MN/DOT RIGHT-OF-WAY TO HOWE, INC. WHEREAS, Howe, Inc., hereinafter called "Howe", is the owner of real estate lying within the City of Brooklyn Center legally described as Howe, Inc. Addition, Hennepin County; and WHEREAS, the Minnesota Department of Transportation, hereinafter called "MN/DOT", has declared excess that property adjacent to the Howe site and legally described on the attached Exhibit A, hereinafter called "Parcel A-1"; and WHEREAS, Howe has proposed the acquisition of Parcel A-1 for the purpose of combining it with its other property; and WHEREAS, Parcel A-1 is a small undeveloped remnant for which there is no reasonable use except in combination with the Howe property; and WHEREAS, Howe cannot obtain clear title to Parcel A-1 from MN/DOT without the participation of the Housing and Redevelopment Authority of the City of Brooklyn Center, hereinafter called "HRA"; and WHEREAS, combination of Parcel A-1 with the Howe property would encourage redevelopment of the site and avoid leaving a small parcel for which there is no other reasonable use; and WHEREAS, Howe has agreed to those restrictions regarding the use of Parcel A-1 specified in its Agreements dated April 28, 1983, with the City of Brooklyn Center and the Agreement dated March 12, 1984 with the HRA; and WHEREAS, Howe, Inc. further agrees to reimburse the City for all costs incurred by the HRA for acquiring Parcel A-1 from MN/DOT. NOW, THEREFORE, be it resolved by the Housing and Redevelopment Authority of the City of Brooklyn Center that the HRA acquire Parcel A-1 from MN/DOT and convey same to Howe, Inc. by quit claim deed. BE IT FURTHER RESOLVED, that the Chairman and the Executive Director of the Housing and Redevelopment Authority of the City of Brooklyn Center are hereby authorized and directed to execute the Agreement with Howe, Inc., dated March 12, 1984 , 1984. March 12, 1984 Date Chai 9~~ The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis , and upon vote being taken thereon, the following voted in favor thereof: Bean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8. Hole agrees to reimburse the City of Brooklyn Center for all legal, administrative and other reasonable expenses associated with this endeavor including all costs incurred by the HRA for acquiring Parcel A-1 from MN/DOT. IN WITNESS THEREOF, the authorized representatives of the parties have executed this Agreement this 12th day of March , 1984. HOWE, INC. HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY BROOKLYN CENTER /j'~(////f{~`~/''f''J~ "•-.e:/ ' • GJY~ • `1 J ~i ..-x -I (//j/.7 A//_ J--"~.C~C.~+...O P-r-es4de-ff-t Tet", Chai ~j Executive~Dir CDATED: 311'), A DATED: March 2 , 1 984 1 AGREEMENT REGARDING EXCESS MN/DOT RIGHT-OF-'WAY ADJACENT PROPERTY OWNED BY HOWE, INC. This Agreement is rude this 12th day of March 1984, by and between the Housing and Redevelopment Authority of the City of Brooklyn Center, hereinafter called the "HRA", and by Howe, Inc., hereinafter called "Howe". WHEREAS, Howe is the owner of real estate lying within the City of Brooklyn Center legally described as Howe, Inc. Addition, Hennepin County; and WHEREAS, the Minnesota Department of Transportation, hereinafter called "MN/DOT", has declared excess that property adjacent to the Howe site and legally descrloed on the attached Exhibit A, hereinafter called "P"arcel A-1"; and WHEREAS, Howe has proposed the acquisition of Parcel A-1 for the purpose of combining it with its other property.. NOW, THEREFORE, the parties enter into the following Agreement: 1. Parcel A-1 shall be used solely for access, parking, driveway and landscaping purposes. 2. To the extent that Parcel A-1 is utilized for the purpose of providing parking on the Howe site, spaces formerly used for parking west of the middle building on the Howe site will be used exclusively for buffer setback area in accordance with the Brooklyn Center Zoning Ordinance, and access purposes pursuant to previously granted City Council approval. 3. No active business use (except for purposes of access) shall be made of any portion or portions of the Howe property made avail- able because of a shift of parking to Parcel A-1. 4. Parcel A-1 will be platted pursuant to Chapter 15 of the Brooklyn Center Code of the City Ordinances and combined with Lot 1, Block 1, Howe, inc. Addition. 5. Howe agrees to make only such changes or improvements on Parcel A-1 as are shown or designated on the site plan duly approved by the City of Brooklyn Center. 5. Upon receipt of title to Parcel A-1 from MR/DOT the HRA shall convey Parcel A to Howe by quit claim deed. 7. If, prior to completion of improvements on Parcel A-1, Howe takes any action which is contrary to any provision of this Agreement or of the Agreement dated April 28, 1983, between Howe* and the City of Brooklyn Center, Parcel A-1 shall revert in ownership to the HRA. EXHIBIT A February 3, 1984 RIIOOO15839P DESCRIPTION FOR RECONVEYANCE Parcel 2 S.P. 2742 (152=129) 902 That part of Tract 9 described below: Tract A. That part of Lot 1, Block 4, Brooklyn Manor, Village (now City) of Brooklyn Center, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner thereof; thence south along the east line thereof a distance of 38.7 feet; thence southwesterly a distance of 76.5 feet to a point 53.9 feet southeasterly of a point on the north line of said Lot 1, 84.2 feet westerly of-the northeast corner thereof; thence continuing southwesterly in a straight line to the west line of said Lot 1 a distance of 85.2 feet; thence north along the westerly line of said Lot 3 to the northwest corner thereof a distance of 70 feet; thence east along the north line of said Lot 1 a distance of 146.1 feet, more or less, to the point of beginning, according to the plat thereof on file and of record in the office of the County Recorder in and for said county; the title thereto being registered as evidenced by Certificate of Title No. 470704; which lies southerly of Line 1 described below: Line 1. Beginning at the northeast corner of Lot 2, Block 1, Bowe Inc. Addition; thence run easterly on an assumed bearing of South 88 degrees 54 minutes 49 seconds East, along the north line of Lot 1, Block 1, said Howe Inc. Addition, 204.10 feet; thence south 86 degrees 26 minutes 02 seconds East to a point on the east line of Section 10, Township 118 North, Range 21 West, distant 33 feet south of the east quarter corner thereof and there terminating.