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Home My WebLink AboutRES 81-040 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE AGREEMENT WITH LOREN E. SWANSON AND ARLENE M. SWANSON AND C.G. HILL COMPANY TO RELOCATE THE PROPOSED CUL DE SAC AT THE END OF ANTHONY LANE NORHT Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102661 Box: 23 Folder: RES 1981 Document: RES 81-040 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CIN MANAGER TO EXECUTE THE AGREEMENT WITH LOREN E. SWANSON AND ARLENE M. SWANSON AND C.G. HILL COMPANY TO RELOCATE THE PROPOSED CUL DE SAC AT THE END OF ANTHONY LANE NORHT RESOLUTION 81-040 A RESOLUTION AUTHORIZING" THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE AGREEMENT WITH LOREN E. SWANSON AND AR.LENE M. SWANSON AND :C. G. HILL COMPANY TO RELOCATE THE PROPOSED CUL DE SAC AT THE END OF ANTHONY LANE NORTH WHEREAS, the City of St. Anthony intends to complete a storm sewer project under Anthony Lane North; and WHEREAS , upon completion of said- project the City intends to make a cul de sac at the end of Anthony Lane North. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Acting City Manager are authorized to execute the Agreement with Loren- E. Swanson and Arlene M. Swanson and C. G. Hill Company to relocate the proposed cul de sac at the end .of Anthony Lane North on behalf of the City of St. Anthony. • Adopted this C/-6 day of , 1981. Mayor ATTEST: City Clerk Reviewed for administration: `' Acting ty. Manager r y . AGREEMENT BETWEEN THE CITY OF ST. ANTHONY LOREN E. SWANSON and ARLENE M. SWANSON and C. G. HILL COMPANY THIS AGREEMENT between the ' City of St. Anthony, Minnesota a municipal corporation, (the "City" ) , Loren E. . Swanson and Arlene M. Swanson, husband and wife, (the "Swansons") and C. G. . Hill Company, -a Minnesota corporation, ("Hill" ) ; WHEREAS, the City intends to complete a storm sewer project under Anthony Lane North in the City of St. Anthony, and WHEREAS, upon completion of the storm sewer project the City had planned to make a cul de sac at the end' of Anthony • Lane North, and WHEREAS, Swansons are the owners of a parcel of land in Hennepin County, Minnesota legally described as follows : Lot 5, Block 1, St. Anthony Industrial Park ("Parcel 1" ) which adjoins Anthony Lane North in the area of the proposed cul de sac, and WHEREAS, Hill is the owner of a parcel of land which also adjoins Anthony Lane North in the area of the proposed. cul de sac, . which parcel is legally described as follows : Lot 3, except that part thereof lying Southwesterly of a line drawn from a point in the Northwesterly line of said Lot 3, distant 126. 32 feet Northeasterly from the most Westerly corner of said Lot 3 to the Northeasterly corner of Lot 2 , in Block 2, in St. Anthony Industrial -Park ("Parcel 2"-) , and WHEREAS, Swansons and Hill have requested that the proposed cul de sac be located approximately seventy-five (75) feet to the west as shown in the blueprint drawing dated May 14, . 1981 attached hereto as Exhibit "A" and that an area in the existing Anthony Lane North as shown on Exhibit "A" east of the cul de sac be sodded by the City, and WHEREAS, the City is willing to make this revision in its plans provided Swansons and Hill agree to maintain the sodded • area at their expense and comply with the terms of this Agreement; NOW, . THEREFORE, in consideration of the covenants herein, the -parties hereto agree -as follows: 1. Upon completion of the storm sewer project on Anthony Lane North the City agrees to: a. locate the cul 'de sac on Anthony Lane North substantially in accordance with the drawing of same as shown on Exhibit "A" attached- hereto; b. sod the area east of the cul de sac in Anthony Lane North as shown on Exhibit "A" attached hereto. • 2 . Swansons and Hill, for themselves, their heirs and assigns , and as covenants running with Parcel 1 and Parcel 2 , which covenants shall be binding on all parties having any right, title or interest in such property or any part thereof, their heirs, successors and assigns : a. agree 'to maintain the newly sodded area of Anthony Lane North so long as the City does not use said area for street purposes. b. agree that in the event the newly sodded area is not maintained in a manner satisfactory to the City, the City may, but shall not be obligated to, perform such maintenance as it reasonably deems necessary and assess the cost of such maintenance on an equal basis against Parcel 1 and Parcel 2. c'. agree that they will not place any structures or trees on the portion of Anthony Lane .North not being used for street purposes. 3. The parties agree that the action. of the City in locating the cul de sac in accordance with the drawings on Exhibit "A" and sodding the area in the existing right-of-way in accordance with Exhibit "A" shall not constitute an abandonment or vacation of any portion of Anthony Lane North. 4 . Swansons and Hill acknowledge that notwithstanding anything contained in this Agreement the City has the right at any time to reopen the sodded area for use as a street. IN WITNESS WHEREOF, the parties have hereunto set their hands this `1day of June, 1981.. CITY OF ST. . ANTHONY (SEAL) By Its By Its C. G. HILL COMPANY r • Loren E. Swanson By tL �• 7d�.L( Clayton G. gill, Its President Arlene M. Swanson By Its STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of June,1981 by and by of the City of St. Anthony, a municipal corporation, on behalf of the corporation. Notary Public State of Minnesota • STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged. before me this day of May, 1981 by Clayton G. Hill, President and by —" of C. G. Hill Company, a Minnesota corporation, on behalf of the corporation. Notary Public HELEN F. ERICKSM State of Minnesot$IAR„vueLIc w CYAFO.WM Mr c4ffw* wn snob"Fab 1 IM 0 • STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) . The foregoing instrument was acknowledged before me this day of May, 1981 by Loren E. Swanson and Arlene M. Swanson, -. husband and wife. Notary Public State of Minnesota 9. �r�wr�weir a wal This instrument drafted by: • LINDQUIST & VENNUM 4200 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 • . I / / I M=fr y AM r,. ��'�� r•E 'f '�.;. kir._ �.n Y Jnl�I�� IIIItIIF�I d ;]�'ppV�UP� �Iar� ,u , WYE x ; Mar %�6ra of fRoPbs�D r.=J PROPOSED AcvSNGG I SODDED pR-FP� IN Eurl� ,�,,y P —ii EXISYIIyG RIC�k'OF WAY IIOR•tN ?'" til llH,.l /: .. // ,� ryll WhI��11j!1 ,.. ,. .. •. ExISTINCs PiizKING, Ep i / 3, -,yyy� G•G.HILL SONS . 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