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Home My WebLink AboutRES 83-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH OSBORNE PROPERTIES Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102546 Box: 23 Folder: RES 1983 Document: RES 83-011 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT WITH OSBORNE PROPERTIES ;. 1 1J RESOLUTION 83-011 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH OSBORNE PROPERTIES WHEREAS, Osborne Properties is thefee title owner' of property in the City of St. Anthony on which -the Red Owl Store is located; and WHEREAS, the City of St. Anthony is the holder of .a utilities ease- ment upon said property; and WHEREAS, improvements have been made on..said easement by Osborne Properties ; and WHEREAS , Osborne Properties desires the right to use , maintain, repair and replace those improvements , as stipulated in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED, that. the City Council o•f ,:the City of St. Anthony hereby authorizes the 'Mayor and City Manager to execute said Agreement with Osborne Properties on behalf of the City -of St. Anthony. Adopted this •-LJtb day of T hu_a_rV 1983 . Mayor ATTEST: O� . City Clerk Reviewed for administration: ISI. City Manager AGREEMENT THIS AGREEMENT, Made and entered into as of the �� ✓ day of January, 1983, by and between CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota (hereinafter called the "City" ) , and OSBORNE PROPERTIES,. a Minnesota limited partnership (hereinafter called "Osborne Properties" ) ; WITNESSETH, THAT: WHEREAS, Osborne Properties is the fee title owner of that certain tract of real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and / hereby made a part hereof (hereinafter called the "Subject �. Premises" ) ; WHEREAS, the City is the holder of a utilities easement in, on, over and across a. portion of the Subject Premises by reservation contained in that certain Clerk 's Certificate on Completion of Proceeding to Vacate Public Street, dated June 26, 1959 , and filed on July 1, .1959, in the office of the Hennepin County Recorder as Document No. 3184160; WHEREAS, pursuant to Building Permit No. 2072 issued on September 4, 1979 by the City, Osborne Properties constructed certain improvements upon that portion of the Subject Premises subject to such utilities easement; WHEREAS, the City has permitted. Osborne Properties to 1 continue to maintain such improvements; and • WHEREAS, there may be, but not necessarily are, utilities located in the utilities easement and under the improvements; and WHEREAS, the parties now desire to provide for the necessary measures in the event that the same are necessary for the maintenance or repair . of the utilities located on or contained in such utilities easement. NOW, THEREFORE, in consideration of the foregoing premises and in consideration of the mutual covenants and- agreements herein contained, the parties hereto hereby agree as follows: 1. The City hereby grants to Osborne Properties the perpetual right to use, maintain, repair and replace those certain present improvements consisting of a building and concrete sidewalk (hereinafter called "Improvements" ) located upon that portion of the Subject Premises subject to the above- described utilities easement (hereinafter called the "Easement Area" ) and to encroach upon the Easement Area for the foregoing purposes. 2. In the event that access to the Easement Area is necessary for maintenance or repair of the utilities, if any, located . thereon or contained therein and such access would necessitate tunnelling under or the temporary removal or alteration of some or all of the Improvements, the City shall give written notice thereof to Osborne Properties and Osborne t -2- I . • Properties shall have a period of ten (10 ) days. from receipt of said notice in which to effect at its cost such maintenance or repair. In the event that Osborne Properties fails to effect such maintenance or repair, or to commence and diligently pursue the same, within said period, the City, at its option, shall ( i) require Osborne Properties to effect such maintenance or repair, at its sole cost and expense, of that portion of the utilities contained in the Easement Area in the manner prescribed by the City in such notice within thirty (30 ) days of the date of delivery of such notice, or within such shorter _ time period as may be required by the circumstances; ( ii) require Osborne Properties to cause, at its sole cost and expense, such tunnelling, alteration or removal of the Improvements as is reasonably necessary to enable the City to gain access for the purpose of such maintenance or repair, at the City' s costs, within thirty (3.0 ) days of the date of delivery of such notice, or within such shorter time,_>period as may be required by the circumstances; or ( iii) effect such maintenance or repair, in which event the City shall have the right to tunnel under, and/or alter or remove such Improvements and the . cost of such tunnelling, alteration or removal, but not the costs of such maintenance or repairs to the utilities, shall be paid to the City by Osborne Properties upon demand. • In the event that the City elects either alternative set forth in ( i ) or ( ii ) above and Osborne Properties does not effect -3- such tunnelling or maintenance or repairs or alterations- or removal within the said thirty (30 )-day period, the City may tunnel under or alter or remove such Improvements in order to effect such maintenance or repairs, and the cost of such " tunnelling, alteration or removal shall be paid to the City by Osborne Properties upon demand. In the event of . an emergency requiring immediate access to the Easement Area in a manner which would necessitate the alteration or removal of some or all of the Improvements, the City shall have the right to forthwith, after reasonable notice to Osborne Properties under the circumstances, tunnel under or alter or remove such Improvements, and the cost of .such tunnelling,. alteration or % removal shall be paid to the City by Osborne Properties upon demand. The parties agree and acknowledge that, under normal circumstances, tunnelling shall be preferable to alteration or removal. 3. In the event of tunnelling or alteration or removal of all or any portion of the .Improvements by the: City and ,the failure of. Osborne Properties to pay to the City the cost of such tunnelling, alteration or removal within thirty ( 30) days of demand therefor by the City, the City may, cause the cost of such tunnelling, alterations or removal to be specially assessed against the -Subject Premises. 4. In the event of the tunnelling under or alteration or removal of all or any part of the Improvements, the City -4- shall not be liable for the cost of repairing, reconstructing or restoring- such Improvements, such repair, reconstruction and restoration to be done in the sole discretion and at the sole cost and expense of Osborne Properties. 5. Any notice or election herein required or permitted to be given or served by either party heretoupon the other shall be deemed given or served in accordance with the provisions of this Agreeement if delivered personally to a general partner of Osborne Properties or to any office of Kraus-Anderson, Incorporated or to the City Clerk of the City, or if mailed in a sealed wrapper by United States registered or certified mail, postage prepaid, properly addressed as follows: j If to Osborne ` Properties: Osborne Properties 523 South Eighth Street Minneapolis, Minnesota 55404 If to the City: City of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 Attention: City Manager. Each such mailed notice or communication shall be deemed to have been given ' to, or served upon, the party to which addressed on the date the same is deposited in the United States registered or certified mail, postage prepaid, properly addressed in -the manner. above-provided. Each such delivered notice or communication 'shall be deemed to have been given to, or served upon, the party .to whom delivered upon delivery thereof in the manner above-provided. -5 0 '1 6 . This Agreement shall run with the land herein described and shall be binding upon the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns. IN WITNESS WHEREOF, The parties,. hereto have caused this Agreement to be- executed as of the day and year first above written. CI:TY -OF ST. .ANTHONY CITY OF ST. ANTHONY By BY Its City Planager Its Mayor OSBORNE PROPERTIES, a Minnesota �' • limited partnership By Lloyd Engelsma Its General Partner STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) he foregoing instrument was acknowledged before me this of January, 1983, by CITY OF ST. ANTHONY, a Minnesota municipal corporation, on behalf of the corporation. CAROLINE L. ZAPPI► HRNNEPIN COUNTY (NF1 NOTARY PUBLIC-MINNESOTA _ Notary P _ MY WOMMISSION QlIRES MAR. 9. 1968 1 ' -6- • STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of January, 1983, by OSBORNE PROPERTIES, a Minnesota limited partnership, by Lloyd Engelsma, a General Partner of said limited partnership. AA Notary Public la nice Ice 9eamez NOTARY PUBLIC-MINNESOTA THIS INSTRUMENT WAS DRAFTED BY: -~ HENNEPIN COUNTY My commission expires Jan.4,1987 DORSEY & WHITNEY (CLG) 2200 First Bank Place East Minneapolis, Minnesota 55402 -7- EX111131-1' "A" Lots 1 and 2, Block 3; that part of Lots 1, 2, 3, 9 and 10, Block 4, and that part of the north-south vacated alley in Block 4; described as follows: - Beginning at a point on the northeasterly line of said Lot 1, said point being 88 feet northwesterly of the northeast corner of said Lot 1; thence southwesterly at a right angle to said northeasterly line 254 feet; thence southeasterly at a right angle to said last described line to the east line of said Block 4; thence North along the cast line of said Block 4 to the northeast corner of snid Lot 1; thence North- westerly along the Northeasterly line of said Lot 1 a distance of 88 feet to the point of beginning. That part of vacated Sunset Avenue lying southwesterly of the centerline of Sunset Avenue, as .dedicated December 28, 1948; and lying between the extensions across It of the southeasterly line of Block 3, and a line drawn perpendicular to the northeasterly line of Block 49 and drawn from a point thereon distant 88 feet northwesterly of the northeast corner of said Block 4. That part of vacated Coolidge Street lying westerly of the centerline thereof and lying between the extensions across it of the northeasterly line of Block 4 and the following described line: - Beginning at a point on the northeasterly line of Lot 1, Block 4, said point being 88 feet northwesterly of the northeast corner of said Lot 1; thence southwesterly at a right angle to said northeasterly line 254 feet; thence southeasterly at a right angle to said last described line to the east line of said Block 4; the point of beginning of the line to be described;-thence easterly at a right angle to the East line of Block 4 to the centerline of vacated Coolidge Street and there terminating. That part of vacated Coolidge Street lying easterly of the Centerline thereof and lying between the extensions across it of the northeasterly line of Lot 1, Block 3 and the south line of Lot 2, Block 3. All in St. Anthony Village Commercial Center Addition No. 1, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. Together with an easement for parking and ingress and egress purposes as created in Documents No. 3101336 and 3402573 files of the County Recorder, Hennepin County, Minnesota. t 1 }' da� •r F tL s / 14 na I _ ,J,^)• N � xx - I • `' !.,: •� �. :.'Ti}... •.• .. ..NCB /• i ''. '. � ) ! .. ,• ,..1 1, Vill cl •�., .. rill f R-• -- � q Y ��L TFC•\•• �\\ .•• ... 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