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Home My WebLink About2000 11-27 HRAP * REVISED HRA MEETING City of Brooklyn Center November 27, 2000 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Housing and Redevelopment Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. Special Session - November 13, 2000 4. Commission Consideration Items a. Resolution Approving Agreement for Release of Deficiency, Assessment, and Contract for Private Development Agreements Relating to Lot 2, Block 1, Brooklyn Farm Subdivision -This item was tabled at the November 13, 2000, meeting. Requested Commission Action: - Motion to adopt resolution. b. Resolution Authorizing Execution of Easement Agreement • Requested Commission Action: - Motion to adopt resolution. 5. Adjournment HRA Agenda Item No. 3a • MINUTES OF THE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 13, 2000 CITY HALL 1. CALL TO ORDER The Brooklyn Center Housing and Redevelopment Authority (HRA) met in special session and was called to order by Chair Myrna Kragness at 10:10 p.m. 2. ROLL CALL Chair Myrna Kragness, Commissioners Debra Hilstrom, Kay Lasman, and Ed Nelson. Commissioner Robert Peppe was absent and excused. Also present: Executive Director Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 3. APPROVAL OF AGENDA AND CONSENT AGENDA • A motion by Commissioner Hilstrom, seconded by Commissioner Nelson to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Hilstrom, seconded by Commissioner Nelson to approve the minutes from the special session on September 11, 2000. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION RELEASING DEFICIENCY AGREEMENT AND ASSESSMENT AGREEMENT ON LOT 2, BLOCK 1, BROOKLYN FARM SUBDIVISION This item was tabled to the November 27, 2000, meeting. 5. ADJOURNMENT A motion by Commissioner Hilstrom, seconded by Commissioner Lasman to adjourn the meeting at 10:11 p.m. Motion passed unanimously. is Chair 11/13/00 -1- DRAFT HRA Agenda Item No. 4a • Materials will be distributed on Monday evening • Commissioner introduced the following resolution and moved its adoption: HRA RESOLUTION NO. 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 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. • Date Chair 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. Lab's UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT (this "Agreement ") is made, effective as of the 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 'Basement ") 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 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 : espe-,t 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 Agreement 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 written. IN WITNESS WHEREOF, the undersigned have set their hands on the date first above 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 • 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. Notary Public DRAFTED BY: BRIGGS AND MORGAN, P.A. (JRS) 2400 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612- 334 -8400 1231981.3 4 EXHIBIT A TO UTILITY EASEMENT AGREEMENT Legal Description of the Owner Parcel Registered Land Survey No. 1594 according to the records of Hennepin County, Minnesota. i 1231981.3 l EXHIBIT B TO UTILITY EASEMENT AGREEMENT Lei?al Description of the Easement Area Lot 2, Block 1, Brooklyn Farm according to the recorded plat thereof, Hennepin County, Minnesota. • 1231981.3 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 corner 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 tlx :re 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 i Y Y i EXHIBIT C -I TO UTILITY EASEMENT AGREEMENT I DEPICTION OF EASEMENT AREA i I • 1231981.3 2WO Wnbmod Pobudend s.wft I#W_ Easement Sketch PRO POSED % POND EA5£ll£NT 4 _.. TO tiV t., i � SE COR. OF Lori-, CON CP - - I', -. � I FOUrnnx� � . , ,. -,;•9 POND � . w� J •�� V.A ;£R F.ttrh !. U h - - ZZL'E rASCAfMrrtR " plLAr Or c?ROCJCLY.v FAMW � - Z -� : �.�y)j0'S?fi�Li4LL - ?• t "y��p� _-1WAitR • G^l:Cr7E o aiLLAV ,�'' • �.8211i"J,2v i•` `+ ^'- �\ ! N or At. �. s �� S87 ! -0_rJ t I � �i PROPOS£O � / •;! �__ K;.CO - U1ILITY ,A NlYLNJ£ OF — •�Y• �,^;•�, �� "j' EASEJU£NT % COT 2 ar _ ti CA S• 75 . a/ r `� 14t9. 01 r EXIS,,I�IG BU.ILG!N A�DftfSS 6160 j SYi�VIr on" SUILt>/NG�S'E7 /G.967 ZZ " /' �. ,. lJX. LGG OF .. °RI Y Tt FARKING '� i e ' iN 1 ' E:,Sc�CI+ NT- PE4QOC' -' O. iffS5v.6+c"._ 1 W. �q .. PROPOSED U7ILITY EASEMENT A 10.00 foot wide easement for utility purposes lying over, under and across port 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 fine, thence South 45 degrees 53 minutes 42 seconds East, a distance of 70.09 feet to a northerly line of said Lot 2 and there terminating, The side lines of said easernent sholl be prolonged or shortened to terminate on said easterly line of Lot 2 and said northerly line of Lot 2. SCALE.• I INCH = 50 FEET N01L` t THE BASE MAP USED FOR 1NI5 SKETCH 1S Westwood Professional Services, Inc. . � � ; uz; , _: - DEN07ES PROPOSED A COPY OF A PORTION OF AN AL TA /ACSM EASEMENT AREA SURVEY PREPARED FOR RYAN COMPANIES US, INC. r INY 7°' BY WESTWOOD PROFESSIONAL SERVICES INC. t 10005 XFI,0WG i