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HomeMy WebLinkAbout2001-114 CCRMember Bob Peppe introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-114 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONVEYANCE OF LAND FROM THE CITY OF BROOKLYN. CENTER TO THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY . WHEREAS, the City of Brooklyn Center is the owner of certain property in the City legally described as follows: Part of Parcels 1 and 1D S.P. 2748 (169=110) 902 That part of Tracts A and B described below: Tract A. That part of Lot 16, Auditor's Subdivision No. 310, described as follows: Commencing at a point on the westerly line of said Lot 16, 20 feet south of the northwest corner of said lot; thence southerly along the westerly line of said lot to a point 30.12 feet north of the southwest corner of said lot; thence easterly on a line parallel to the southerly line of said lot, a distance of 280 feet; thence northwesterly at an angle of 103 degrees 65 minutes 00 seconds to the left, a distance of approximately 300 feet and a fraction foot to a point 20 feet south of the northerly line of said lot; thence westerly on a line parallel to the northerly line of said lot, a distance of approximately 232 and a fraction feet to the place of beginning, the title thereto being registered as evidence by Certificate of Title No. 293720; Tract B. Lot 16, Auditor's Subdivision No. 310, Hennepin County, Minnesota, except that part described as follows: Beginning at a point on the westerly line of said Lot 16, 20 feet south of the northwest comer of said Lot 16; thence southerly along the westerly line of said Lot 16 to a point 30.12 feet north of the southwest comer of said Lot 16; thence easterly on a line parallel to the southerly line of said Lot 16 a distance of 280 feet; thence northwesterly at an angle of 103 degrees 65 minutes 00 seconds to the left a distance of approximately 300 feet and a fraction foot to a point 20 feet south of the northerly line of said Lot 16; thence westerly on a line parallel to the northerly line of said Lot 16 a distance of approximately 232 and a fraction feet to the place of beginning; the title thereto being registered as evidenced by Certificate of Title No. 293720; which lies westerly of Line 1 described below and easterly of Line 2 described below: Line 1. Beginning at a point on the east and west quarter line of Section 36, Township 119 North, Range 21 West, distant 90 feet east of the point of intersection of Line 3 described below with said east and west quarter line; thence run northwesterly to a point distant 60 feet easterly (measured at right angles) of a point on said Line 3, distant 225 feet northerly of said intersection; thence run northwesterly to the point of intersection of the north line of Lot 15, Auditor's Subdivision No. 310 RESOLUTION NO. 2001-114 with a line run parallel with and distant 40 feet easterly of said Line 3 and there terminating; Line 2. Commencing at Right of Way Boundary Corner B47 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence run westerly on an azimuth of 265 degrees 03 minutes 11 seconds for 70.91 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 177 degrees 38 minutes 21 seconds for 260.31 feet; thence on a azimuth of 170 degrees 38 minutes 51 seconds for 427.63 feet and there terminating; Line 3. Beginning at a point on the south line of said Section 36, distant 44.5 feet east of the southwest comer thereof; thence ran northeasterly at an angle of 47 degrees 48 minutes 00 seconds from said south section line (measured from east to north) for 1986.1 feet; thence deflect to the right at an angle of 50 degrees 17 minutes 00 seconds for 1729.7 feet; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2.25 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 106.75 feet; thence deflect to the left at an angle of 93 degrees 39 minutes 30 seconds for 1800 feet and there terminating: Part of Parcel 2 S.P. 2748 (169=1 10) 902 That part of Tract A described below: Tract A. Lot 15, Auditor's Subdivision No. 310, according to the plat thereof on record in the office of the County Recorder in and for Hennep Minnesota; which lies westerly of Line 1 described below and easterly of Line 2 described below: file and of in County, Line 1. Beginning at the point of intersection of the south line of said Tract A with a line run parallel with and distant 120 feet easterly of Line 3 described below; thence run northeasterly to a point distance 130 feet easterly (measured at right angles) of a point on said Line 3, distant 168.64 feet southerly of its point of termination; thence run northeasterly to a point distant 170 feet easterly (measured at right angles) of a point on said Line 3, distant 18.84 feet southerly of its point of termination and there terminating; Line 2. Commencing at Right of Way Boundary Corner B47 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence run westerly on 'a azimuth of 265 degrees 03 minutes 11 seconds for 70.91 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 177 degrees 38 minutes 21 seconds for 260.31 feet; thence on an azimuth of 170 degrees 38 minutes 51 seconds for 200 feet and there terminating; RESOLUTION NO. 2001-114 Line 3. From a point on the west line of Section 36, Township 119 North, Range 21 West, distant 1239.53 feet south of the west quarter comer thereof, run easterly at an angle of 93 degrees 51 minutes 40 seconds from said west section line (measured from north to east) for 3111.89 feet; thence deflect to the right at an angle of 03 degrees 21 minutes 00 seconds for 232.29 feet to the point of beginning of Line 3 to be described; thence deflect to the left at an angle of 84 degrees 39 minutes 30 seconds for 462 feet; thence deflect to the left at an angle of 18 degrees 00 minutes 00 seconds for 727.1 feet; thence deflect to the right on a 00 degree 59 minute 33 second curve (delta angle 06 degrees 25 minutes 53 seconds) for 648.08 feet and there terminating. Part of Parcel 3 S.P. 2748 (169=110) 902 That part of Tract A described below: Tract A. Lots 3, 4 and 5, Block One Olson's Island View Terrace, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below and easterly of Line 2 described below: Line 1. From a point on Line 3 described below, distant 215 feet southerly of its point of termination, run easterly at right angles to said line for 130 feet, which is the point of beginning of Line 1 to be described; thence run northeasterly to a point distant 170 feet easterly (measured at right angles) of a point on said Line 3, distant 65 feet southerly of its point of termination; thence run northwesterly to a point. distant 130 feet easterly (measured at right angles) of the point of termination of said Line 3 and there terminating; Line 2. Commencing at Right of Way Boundary Corner B47 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence run westerly on an azimuth of 265 degrees 03 minutes 11 seconds for 70.91 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 177 degrees 38 minutes 21 seconds for 260.31 feet and there terminating; Line 3. From a point on the west line of Section 36, Township 119 North, Range 21 West, distant 1239.53 feet south of the west quarter comer thereof, run easterly at an angle of 93 degrees 51 minutes 40 seconds from said west section line (measured from north to east) for 3111.89 feet; thence deflect to the right at an angle of 03 degrees 21 minutes 00 seconds for 232.29 feet to the point of beginning of Line 3 to be described; thence deflect to the left at an angle of 84 degrees 39 minutes 30 seconds for 462 feet; thence deflect to the left at an angle of 18 degrees 00 minutes 00 seconds for 727.1 feet; thence deflect to the right on a 00 degree 59 minute 33 second curve (delta angle 06 degrees 25 minutes 53 seconds) for 648.08 feet; thence on tangent to said curve for 46.16 feet and there terminating; RESOLUTION NO. 2001-114 hereinafter referred to as the "Subject Property and WHEREAS, the Subject Property was received by the City from the Minnesota Department of Transportation as a turnback of part of Trunk Highway No. 110 (now 252); and WHEREAS, a portion of the Subject Property has previously been vacated by the City Council upon a determination that it was no longer needed for roadway purposes by Ordinance No. 2001-01 adopted on February 12, 2001; and WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center proposes to make use of that part of the Subject Property that is no longer needed for roadway purposes for purposes authorized by Minnesota Statutes, Section 469.090 through 469.1081; and WHEREAS, the City Council has determined that conveyance to the Economic Development Authority for such purposes is in the best interests of the City and that the land to be conveyed is no longer needed for the City's purposes; and WHEREAS, the Economic Development Authority has proposed execution of an agreement providing for conveyance of such property to the EDA, which agreement is approved by the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are authorized and directed to execute the agreement with the Economic Development Authority in and for the City of Brooklyn Center for the conveyance of that part of the Subject Property that is no longer needed for roadway purposes and to take such steps as are necessary to effect the transfer thereof. Auuust 13, 2001 DIte Mayor ATTEST: °2v~ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Fd Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2001-114 AGREEMENT FOR CONVEYANCE OF LAND FROM THE CITY OF BROOKLYN CENTER TO THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY This Agreement is made this day of , by and between the City of Brooklyn Center and the Economic Development Authority in and for the City of Brooklyn Center, both Minnesota municipal corporations. WITNESSETH: WHEREAS, the City of Brooklyn Center (hereinafter "City's is the owner of certain real property legally described as follows: Part of Parcels 1 and 1D S.P. 2748 (169=110) 902 That part of Tracts A and B described below: Tract A. That part of Lot 16, Auditor's Subdivision No. 310, described as follows: Commencing at a point on the westerly line of said Lot 16, 20 feet south of the northwest corner of said lot; thence southerly along the westerly line of said lot to a point 30.12 feet north of the southwest comer of said lot; thence easterly on a line parallel to the southerly line of said lot, a distance of 280 feet; thence northwesterly at an angle of 103 degrees 65 minutes 00 seconds to the left, a distance of approximately 300 feet and a fraction foot to a point 20 feet south of the northerly line of said lot; thence westerly on a line parallel to the northerly line of said lot, a distance of approximately 232 and a fraction feet to the place of beginning, the title thereto being registered as evidence by Certificate of Title No. 293720; Tract B. Lot 16, Auditor's Subdivision No. 310, Hennepin County, Minnesota, except that part described as follows: Beginning at a point on the westerly line of said Lot 16, 20 feet south of the northwest comer of said Lot 16; thence southerly along the westerly line of said Lot 16 to a point 30.12 feet north of the southwest comer of said Lot 16; thence easterly on a line parallel to the southerly line of said Lot 16 a distance of 280 feet; thence northwesterly at an angle of 103 degrees 65 minutes 00 seconds to the left a distance of approximately 300 feet and a fraction foot to a point 20 feet south of the northerly line of said Lot 16; thence westerly on a line parallel to the northerly line of said Lot 16 a distance of approximately 232 and a fraction feet to the place of beginning; the title thereto being registered as evidenced by Certificate of Title No. 293720; which lies westerly of Line 1 described below and easterly of Line 2 described below: Line 1. Beginning at a point on the east and west quarter line of Section 36, Township 119 North, Range 21 West, distant 90 feet east of the point of intersection of Line 3 described below with said east and west quarter line; thence run northwesterly to a point distant 60 feet easterly (measured at right angles) of a point on said Line 3, distant 225 feet northerly of said intersection; thence run northwesterly to the CLL201457v1 BR305 2 1 RESOLUTION NO. 2001-114 point of intersection of the north line of Lot 15, Auditor's Subdivision No. 310 with a line run parallel with and distant 40 feet easterly of said Line 3 and there terminating; Line 2. Commencing at Right of Way Boundary Corner B47 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence run westerly on an azimuth of 265 degrees 03 minutes 11 seconds for 70.91 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 177 degrees 38 minutes 21 seconds for 260.31 feet; thence on a azimuth of 170 degrees 38 minutes 51 seconds for 427.63 feet and there terminating; Line 3. Beginning at a point on the south line of said Section 36, distant 44.5 feet east of the southwest corner thereof; thence run northeasterly at an angle of 47 degrees 48 minutes 00 seconds from said south section line (measured from east to north) for 1986.1 feet; thence deflect to the right at an angle of 50 degrees 17 minutes 00 seconds for 1729.7 feet; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2.25 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 106.75 feet; thence deflect to the left at an angle of 93 degrees 39 minutes 30 seconds for 1800 feet and there terminating. Part of Parcel 2 S.P. 2748 (169=1 10) 902 That part of Tract A described below: Tract A. Lot 15, Auditor's Subdivision No. 310, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below and easterly of Line 2 described below: Line 1. Beginning at the point of intersection of the south line of said Tract A with a line run parallel with and distant 120 feet easterly of Line 3 described below; thence run northeasterly to a point distance 130 feet easterly (measured at right angles) of • a point on said Line 3, distant 168.64 feet southerly of its point of termination; thence run northeasterly to a point distant 170 feet easterly (measured at right angles) of a point on said Line 3, distant 18.84 feet southerly of its point of termination and there terminating; Line 2. Commencing at Right of Way Boundary Corner B47 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence run westerly on a azimuth of 265 degrees 03 minutes 11 seconds for 70.91 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 177 degrees 38 minutes 21 seconds for 260.31 feet; thence on an azimuth of 170 degrees 38 minutes 51 seconds for 200 feet and there terminating; CUL 201457v1 BR305-2 2 RESOLUTION NO. 2001-114 Line 3. From a point on the west line of Section 36, Township 119 North, Range 21 West, distant 1239.53 feet south of the west quarter corner thereof, run easterly at an J angle of 93 degrees 51 minutes 40 seconds from said west section line (measured from north to east) for 3111.89-feet; thence deflect to the right at an angle of 03 degrees 21 minutes 00 seconds for 232.29 feet to the point of beginning of Line 3 to be described; thence deflect to the left at an angle of 84 degrees 39 minutes 30 seconds for 462 feet; thence deflect to the left at an angle of 18 degrees 00 minutes 00 seconds for 727.1 feet; thence deflect to the right on a 00 degree 59 minute 33 second curve (delta angle 06 degrees 25 minutes 53 seconds) for 648.08 feet and there terminating. Part of Parcel 3 S.P. 2748 (169=110) 902 That part of Tract A described below: Tract A. Lots 3, 4 and 5, Block One Olson's Island View Terrace, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below and easterly of Line 2 described below: Line 1. From a point on Line 3 described below, distant 215 feet southerly of its point of termination, run easterly at right angles to said line for 130 feet, which is the point of beginning of Line 1 to be described; thence run northeasterly to a point distant 170 feet easterly (measured at right angles) of a point on said Line 3, distant 65 feet southerly of its point of termination; thence run northwesterly to a point distant 130 feet easterly (measured at right angles) of the point of termination of said Line 3 and there terminating; Line 2. Commencing at Right of Way Boundary Comer B47 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence run westerly on an azimuth of 265 degrees 03 minutes 11 seconds for 70.91 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 177 degrees 38 minutes 21 seconds for 260.31 feet and there terminating; Line 3. From a point on the west line of Section 36, Township 119 North, Range 21 West, distant 1239.53 feet south of the west quarter corner thereof, run easterly at an angle of 93 degrees 51 minutes 40 seconds from said west section line (measured from north to east) for 3111.89 feet; thence deflect to the right at an angle of 03 degrees 21 minutes 00 seconds for 232.29 feet to the point of beginning of Line 3 to be described; thence deflect to the left at an angle of 84 degrees 39 minutes 30 seconds for 462 feet; thence deflect to the left at an angle of 18 degrees 00 minutes 00 seconds for 727.1 feet; thence deflect to the right on a 00 degree 59 minute 33 second curve (delta angle 06 degrees 25 minutes 53 seconds) for 648.08 feet; thence on tangent to said curve for 46.16 feet and there terminating; CUA01as7Yr BR30s 2 3 RESOLUTION N0. 2001-114 (hereinafter referred to as the "Subject Property'); and WHEREAS, the Subject Pro ~ petty was received by the City from the Minnesota Department of Transportation as tumback property of a part of Trunk Highway No. 110 (now 252) that was no longer needed by the Minnesota Department of Transportation; and WHEREAS, the City Council has previously vacated a portion of the Subject Property, upon a determination that it was no longer needed for roadway purposes, by Ordinance No. 2001-01 adopted on February 12, 2001; and WHEREAS, the City and the Economic Development Authority in and for the City of Brooklyn Center (hereinafter the "EDA') have determined that it is in the best interests of the public for the City to convey that part of the Subject Property that is no longer needed for roadway purposes for use by the EDA for purposes authorized by Minnesota Statutes, Sections 469.090 through 469.1081; NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements hereinafter set forth, and pursuant to the authority of Minnesota Statutes, Section 471.64, Subd. 1, the parties agree as follows: 1. The City will convey that part of the Subject Property that was vacated by Ordinance No. 2001-01 adopted by the City Council on February 12, 2001, to the EDA upon request. 2. The EDA will use that part of the Subject Property so conveyed for purposes authorized by Minnesota Statutes, Section 469.090 through 469.1081. ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director CITY OF BROOKLYN CENTER By Its Mayor By Its City Manager r CLLr201457vi BR30s 2 4