HomeMy WebLinkAbout2000-004 HRARCommissioner Kay Tasman
introduced the following resolution and
moved its adoption:
HRA RESOLUTION NO.
200C-04-
RESOLUTION AUTHORIZING EXECUTION OF EASEMENT AGREEMENT
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Brooklyn Center owns property adjacent to Lot 2, Block 1 Brooklyn Farms Subdivision; and
WHEREAS, an recorded easement currently exists for storm water structures; and
WHEREAS, it is proper and prudent to memorialize the easement as set forth in
1
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Authority in and for the City of Brooklyn Center, Minnesota that the easement set forth in Exhibit
"A" be and hereby is approved and the Chair and/or the Executive Director are hereby authorized
to execute such agreement on behalf of the Housing and Redevelopment Authority.
November 27, 2000
Date
Chair U
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Debra Hilstrom and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay I-asman, Ed Nelson, and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
HRA RESOLUTION NO. 2000-04
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (this "Agreement") is made, effective as ofthe
day of , 2000, by and between The Housing and Redevelopment Authority
in and for the City of Brooklyn Center, a public body corporate and politic, its successors and assigns
("Owner")and Brookdale Associates Limited Partnership, a Minnesota limited partnership, its
successors and assigns ("Brookdale").
RECITALS
A. Owner is the fee owner of a parcel of real estate located in Hennepin County,
Minnesota and legally described on Exhibit A attached hereto and made a part hereof (the "Owner
Parcel").
B. Brookdale is the fee owner of a parcel of real estate located in Hennepin County and
legally described on Exhibit B attached hereto and made a part hereof ("Brookdale Parcel").
C. Brookdale desires to obtain an easement for utility purposes over certain portions of
the Owner Parcel more particularly described on Exhibit C, attached hereto and made a part hereof
(the "Easement Area") as depicted on Exhibit C-1.
D. Owner has agreed to grant the easement on the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged Owner and Brookdale
agree as follows:
1. Grant of Easement. Owner hereby grants Brookdale a non-exclusive, perpetual
easement over, under and across the Easement Area (the "Easement") for the sole and exclusive
purpose of operating, maintaining, repairing and reconstructing a below grade storm sewer pipeline
(the "Facility"). Owner may construct, reconstruct and maintain sod, landscaping (other than trees),
sidewalks, unimproved driveway or improved parking lot within the Easement Area provided that
Owner shall not construct improvements within the Easement Area, including without limitation,
buildings which materially or unreasonably interfere with Brookdale's ability to operate, maintain,
1231981.3
HRA RESOLUTION NO. 2000-04
rebuild, remove and repair the Facility. Notwithstanding the preceding sentence, Brookdale
acknowledges there is a tree and an electric transformer already located within the Easement Area.
The existence of those two improvements within the Easement Area shall not be deemed to violate
the terms of this easement. Further, Brookdale agrees to take steps to protect the electric
transformer, to ensure its base of support, and to take care not to damage the electric transformer
during any maintenance. or reconstruction of the Facility.
2. Consents: Restoration of Owner Parcel. Brookdale must obtain the consent of Owner
before beginning any installation, repair, removal, replacement or maintenance of the Facility which
could potentially cause a disruption to the use and enjoyment of the Owner Parcel by Owner, which
consent shall not be unreasonably withheld. Brookdale is responsible for maintaining safe conditions
within and about the Easement Area during any installation, repair, removal, replacement or
maintenance of the Facility.
If any of the Owner Parcel is damaged or disturbed by Brookdale, or its employees, agents
and contractors, with respect to Brookdale's installation, maintenance, repair, removal or operation
of the Facility, Brookdale must, at Brookdale's sole cost and expense, restore the Owner Parcel to
the condition it was in immediately before such damage or disturbance occurred, including (without
limitation) the restoration of sod, landscaping, parking lots, driveways and sidewalks.
3. Default. Owner may, at its own cost, cure any default under the terms of this
Agreement by Brookdale and in such case Brookdale shall reimburse Owner, immediately upon
demand, for all costs and expenses incurred by Owner in curing the default, including attorneys' fees
and the costs of collection, plus interest on such costs and expenses at the rate of eight percent (8%)
per annum from the date such costs and expenses are incurred by Owner through the date of payment
by Brookdale. Nothing in this paragraph prohibits either Owner or Brookdale from exercising any
other available remedy.
4. Easements Annurtenant. The burdens and benefits of the easements, restrictions,
covenants and obligations in. this Agw eerraent shall be perpetual and shall bind the successors and
assigns of Owner and Brookdale. The Easement shall be deemed appurtenant to the Brookdale
Parcel and shall run with title to the Brookdale Parcel.
[Remainder of page left blank;
Signature page follows]
1231981.3 2
HRA RESOLUTION NO. 2000-04
1
IN WITNESS WHEREOF, the undersigned have set their hands on the date first above
written.
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
BROOKLYN CENTER
a Minnesota municipal corporation
By
Its
BROOKDALE ASSOCIATES LIMITED
PARTNERSHIP
By: Brookdale Three Limited Partnership
Its General Partner
By: Ryan Properties, Inc.
Its General Partner
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this day of
2000 by and the
and of The Housing and Redevelopment Authority
in and for the City of Brooklyn Center, a Minnesota municipal corporation.
Notary Public
1231981.3
3
HRA RESOLUTION NO. 2000-04
1
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this day of
, 2000 by , the of Ryan Properties,
Inc., a Minnesota corporation, general partner of Brookdale Three Limited Partnership, a Minnesota
limited partnership, general partner of Brookdale Associates Limited Partnership, a Minnesota
limited partnership, on behalf of Brookdale Associates Limited Partnership.
DRAFTED BY:
BRIGGS AND MORGAN, P.A. (JRS)
2400 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
612-334-8400
1231981.3
Notary Public
4
HRA RESOLUTION NO. 2000-04
EXHIBIT A
TO
UTILITY EASEMENT AGREEMENT
Legal Descrintion of the Owner Parcel
Registered Land Survey No. 1594 according to the records of Hennepin County,
Minnesota.
1231981.3
HRA RESOLUTION NO. 2000-04
EXHIBIT B
TO
UTILITY EASEMENT AGREEMENT
Legal Descrintion of the Easement Area
Lot 2, Block 1, Brooklyn Farm according to the recorded plat thereof, Hennepin County,
Minnesota.
1
1231981.3
HRA RESOLUTION NO. 2000-04
EXHIBIT C
TO
UTILITY EASEMENT
A 10.00. foot wide easement for utility purposes lying over, under and across part
of REGISTERED LAND SURVEY NO. 1594, in Hennepin County, Minnesota.
The center line of said easement is described as follows:
Commencing at the southeast comer of Lot 1 , Block 1, BROOKLYN FARM,
according to the recorded plat thereof, said Hennepin County; thence South 02
degrees 45 minutes 22 seconds West, assumed bearing, along an easterly line of
Lot 2, said Block 1, BROOKLYN FARM, a distance of 49.69 feet to the point of
beginning of said center line; thence South 45 degrees 53 minutes 42 seconds
Fast, a distance of 70.09 feet to a northerly line of said Lot 2 and there
terminating.
The side lines of said easement shall be prolonged or shortened to terminate on
said easterly line of Lot 2 and said northerly line of Lot 2.
1231981.3
HRA RESOLUTION NO. 2000-04
EXHIBIT C-1
TO
UTILITY EASEMENT AGREEMENT
DEPICTION OF EASEMENT AREA
1231981.3
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