HomeMy WebLinkAboutResolution 21-24 DOCS-#215526-v1-RESOLUTION_APPROVING_CONVEYANCING_DOCUMENTS_BUHL_GTA__LPCITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
May 26, 2021
No. 21-24
A RESOLUTION APPROVING ENCROACHMENT AGREEMENTS,
EASEMENT AND CONVEYANCE OF PROPERTY WITH BUHL, GTA,
LP
WHEREAS, Buhl GTA, LP, limited partnership ("Buhl") is proposing to construct a 125-
unit multi -family rental housing project ("Project") to be located on the property legally described in
Exhibit A ("Property");
WHEREAS, Buhl has requested an encroachment agreement over certain City Property for
10 parking stalls ("Parking Encroachment Agreement"), which encroachment was contemplated as
part of the PUD for the project and an additional encroachment agreement for green space over certain
City Property ("Green Space Encroachment Agreement") which is required in connection with certain
funding for the Project (collectively, the "Parking Encroachment Agreement" and "Green Space
Encroachment Agreement" are referred to herein as the "Encroachment Agreements"). The proposed
forms of Encroachment Agreements are attached hereto as Exhibits A and B, respectively;
WHEREAS, Buhl has also requested conveyance of a portion of City property as provided
in the Quit Claim Deed attached hereto as Exhibit C ("City Parcel"), which City Parcel is located in
the middle of the proposed parking area for the Project and which is used for a City vehicle
turnaround. In exchange for the Quit Claim Deed for the City Parcel, Buhl has agreed to provide an
easement to the City over the Property for a comparable turnaround for City vehicles in the form
attached hereto as Exhibit D ("Easement");
WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review
the City's proposed acquisitions and dispositions of property, and;
WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning
Commission review requirement upon 2/3 vote of the City Council dispensing with the requirement
and finding that the acquisition or disposal of the property has no relationship to the comprehensive
municipal plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon
Heights, Minnesota:
1. The City Council finds that the disposition of the City Parcel has no relationship to the
comprehensive municipal plan and review by the Planning Commission is hereby dispensed with;
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2. That the Encroachment Agreements, Quit Claim Deed and Easement documents are hereby
in all respects approved, subject to modifications that do not alter the substance of the transaction and
that are approved by the Mayor, City Administrator and City Attorney, conditioned upon Buhl paying
for all costs associated with the preparation and recording of the documents.
3. That the Mayor and City Administrator are hereby authorized to execute the Encroachment
Agreements, Quit Claim Deed and Easement on behalf of the City in accordance with terms of this
Resolution.
ADOPTED this 26th day of May, 2021 by the City Council of Falcon Heights, Minnesota.
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Moved by: Miazga Approved b .
Ra Mall C. stafson
Mayor
GUSTAFSON —4 In Favor Attested by:
LEEHY Sack Thongvanh
MIAZGA _0_ Against City Administrator
ANDREWS
WEHYEE
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EXHIBIT A
PARKING ENCROACHMENT AGREEMENT
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EXHIBIT B
GREEN SPACE ENCROACHMENT AGREEMENT
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EXHIBIT C
QUIT CLAIM DEED
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EXHIBIT D
EASEMENT
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