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Home My WebLink About2018-112 CCRMember April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-112 RESOLUTION APPROVING THE CUL-DE-SAC MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SFG NET LEASE TG MINNEAPOLIS, LLC AND AUTHORIZING THE PURCHASE OF EXCESS RIGHT-OF-WAY FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION RECITALS WHEREAS, Topgolf is currently constructing a Topgolf entertainment facility on property legally described as Lot 1, Block 1, Topgolf Addition, Hennepin County, Minnesota (the "Property") that it leases from SFG Net Lease TG Minneapolis, LLC, a Georgia limited liability company ("SFG"); and WHEREAS, the Minnesota Department of Transportation ("MnDOT") has offered to sell the excess right-of-way that is adjacent to the Property to the City, said parcel is legally described on the attached Exhibit A (the "MnDOT Parcel"); and WHEREAS, SFG has requested that the City purchase the MnDOT Parcel and convey it to SFG so that it can be combined with the Property and owned and maintained by SFG; and WHEREAS, in exchange for the MnDOT Parcel, the City has requested that SFG provide the City with an easement for right-of-way purposes over a portion of the Property for the City's Camden Avenue cul-de-sac, said location of the easement is legally described and depicted on the attached Exhibit B (the "Cul-de-Sac Easement"); and WHEREAS, the City is willing to purchase the MnDOT Parcel and convey it to SFG provided that SFG combines the MnDOT Parcel with the Property by replatting the property and dedicating the Cul-de-Sac Easement to the City; and RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The Cul-de-Sac Memorandum of Understanding between the City and SFG that is attached as Exhibit C (the "MOU") is hereby approved. Any modifications to the MOU that may become necessary may be made by City staff subject to the review and approval of the City Manager and the City Attorney. The Mayor and the City Manager are authorized to sign the MOU on behalf of the City. A-I RESOLUTION NO. 2018-112 2.The City's purchase of the MnDOT Parcel is contingent upon SFG signing the MOU. Upon SFG signing the MOU, City staff shall notify MnDOT that the City is purchasing the MnDOT Parcel and forward payment to MnDOT in the amount of $4,800.00. City staff is then authorized to execute any documents necessary in order to effectuate the acquisition of the MnDOT Parcel. 3.City staff is authorized to execute any documents necessary in order to effectuate the conveyance of the MnDOT Parcel to SFG. May 14, 2018 Date Mayor ATTEST: J1ILItIJIJ City Clork The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, MArquita Butler, April graves, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A-2 RESOLUTION NO. 2018-112 A-3 EXHIBIT A TO RESOLUTION Legal Description of the MnDOT Parcel RESOLUTION NO. 2018-112 A-4 B-1 451829v1 SJS NE300-169 EXHIBIT B TO RESOLUTION Legal Description and Depiction of the Cul-de-Sac Easement B-2 451829v1 SJS NE300-169 C-1 451829v1 SJS NE300-169 EXHIBIT C TO RESOLUTION CUL-DE-SAC MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (this “MOU”) is made this ___ day of _____________, 2018, by and between the City of Brooklyn Center, a Minnesota municipal corporation (the “City”) and SFG Net Lease TG Minneapolis, LLC, a Georgia limited liability company (“SFG”). RECITALS WHEREAS, SFG is the owner of real property legally described as: Lot 1, Block 1, Topgolf Addition, Hennepin County, Minnesota (the “SFG Parcel”); and WHEREAS, the Minnesota Department of Transportation (“MnDOT”) has offered to sell excess right-of-way that is adjacent to the SFG Parcel to the City, said parcel is legally described on the attached Exhibit A (the “MnDOT Parcel”); and WHEREAS, SFG has requested that the City purchase the MnDOT Parcel and convey it to SFG so that it can be combined with the SFG Parcel and owned and maintained by SFG; and WHEREAS, the City has requested that SFG provide the City with an easement for right- of-way purposes over a portion of the SFG Parcel for the Camden Avenue cul-de-sac, said location of the easement is legally described and depicted on the attached Exhibit B (the “Cul-de-Sac Easement”); and WHEREAS, the City is willing to purchase the MnDOT Parcel and convey it to SFG provided that SFG combine the MnDOT Parcel with the SFG Parcel by replatting the property and dedicating the Cul-de-Sac Easement to the City in the plat; and NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows: 1. The foregoing recitals are incorporated into and made a part of this MOU. 2. The City will purchase the MnDOT Parcel from MnDOT. 3. Upon receipt of the MnDOT Parcel, the City will convey the MnDOT Parcel by quit claim deed to SFG for $1.00. SFG shall be responsible for all costs associated with the conveyance, including, but not limited to, recording fees and any title search fees. 4. SFG agrees that after the MnDOT Parcel is conveyed to it by the City, SFG will make application to the City to combine the MnDOT Parcel and the SFG Parcel by replatting them. As part of the replat, SFG agrees to dedicate the Cul-de-Sac Easement to the City in the plat. C-2 451829v1 SJS NE300-169 5. SFG agrees that it will construct the Camden Avenue cul-de-sac at its expense. RESOLUTION NO. 2018-112 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year written above. CITY OF BROOKLYN CENTER By: Tim Willson Its: Mayor By: lo^ -"' ^/' 'e^ I---- Cuif Bp(aney Its: City Manager SFG NET LEASE TG MINNEAPOLIS, LLC By: Its: C-3 451829v1 SJS NE300-169 C-A-1 523142v1 SJS BR305-144 EXHIBIT A TO CUL-DE-SAC MEMORANDUM OF UNDERSTANDING Legal Description of the MnDOT Parcel C-A-2 523142v1 SJS BR305-144 C-B-1 523142v1 SJS BR305-144 EXHIBIT B TO CUL-DE-SAC MEMORANDUM OF UNDERSTANDING Legal Description and Depiction of the Cul-de-Sac Easement C-B-2 523142v1 SJS BR305-144