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Home My WebLink AboutCC RES 93-040 RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE ST. ANTHONY UNLOCAL AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103507 Box: 26 Folder: RES 1993 Document: CC RES 93-040 RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE ST. ANTHONY UNLOCAL AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE SAID AGREEMENT • CITY OF ST. ANTHONY RESOLUTION 93-040 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE ST. ANTHONY UNOCAL AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Agreement with the St. Anthony Unocal an automotive service station located at 2812 - 27th Avenue N.E. (and owned by Roger Bona (Bona Properties)) and authorizes the Mayor and City Manager to execute said agreement on behalf of the City. • Adopted this 13't� day of Q-tt L_ 1993. Mayor ATTEST: City Clerk ff Reviewed by administration: City Manage • AGREEMENT THIS AGREEMENT is entered into as of July 13 " 1993, by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("City"), and BONA PROPERTIES, a Minnesota general partnership ("Owner"). A. Owner is the owner of certain property located in the Southwest Quarter of the Northwest Quarter of Section 7, Township 29, Range 23, Hennepin County, Minnesota, with an address at 2812 27th Avenue, N.E. The property is operated as the "St. Anthony Unocal", and is legally described on Exhibit A attached hereto and made a part hereof (the "Unocal Property"). Owner is the fee title owner of Parcel 1 described on Exhibit A and is the contract for deed purchaser of Parcel 2 described on Exhibit A. B. The City is the owner of certain property which is to be platted as First Addition to the Village of St. Anthony (the "New Plat"), which property is more particularly described in a copy of the New Plat attached hereto as Exhibit B and made a part hereof (the "City Property"). The City Property includes portions of 27th Street N.E., Coolidge Street N.E., and Pahl Avenue, all as more particularly described in Exhibit B. • C. The City has agreed that if Owner will relinquish all right of vehicular access from the Unocal Property to 27th Street N.E. and to Coolidge Street N.E. as relocated in the New Plat, and will agree to certain other covenants and restrictions as hereinafter set forth, the City will vacate a portion of 27th Street N.E. and will quitclaim and convey certain other City Property, all of which is shown crosshatched on the drawing attached hereto as Exhibit C and made a part hereof (`Parcel A"). NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties as follows: 1. As soon as reasonably possible after the recording of the New Plat, the City Council intends to conduct a public hearing for purposes of considering the proposed vacation of certain rights-of-way which are part of the City Property, including that portion of 27th Street N.E. located within Parcel A. After the public hearing has been held, if the City Council determines that it is in the best interests of the City to vacate that portion of 27th Street N.E. located within Parcel A, and such vacation is approved and completed by the City Council, the City will give Owner notice of a date within 30 days thereafter ("Closing Date") on which the documents to implement the provisions of this Agreement will be executed and 40 delivered. 1 • 2. Owner agrees that upon vacation by the City of that portion of 27th Street N.E. located within Parcel A and execution and delivery by the City to Owner of a Quitclaim Deed for Parcel A, all vehicular access from the Unocal Property to 27th Street N.E., and to Coolidge Street N.E. as it is realigned and dedicated in the New Plat ("Coolidge"), shall be prohibited except for one curb cut providing access to a portion of Coolidge as shown on Exhibit D attached hereto and made a part hereof. 3. When Parcel A is conveyed to Owner, the City will reserve an easement for landscaping over a strip of land 10 feet in width along the northwesterly line of Parcel A, for purposes of installation of a berm and landscaping along that property line ("Landscape Easement"). 4. In conjunction with the City's project for the realignment of Coolidge, the City will install a berm and landscaping along the northwesterly line of Parcel A, which berm and landscaping will be located within the Coolidge right-of-way and the Landscape Easement. 5. On the Closing Date, Owner will execute and deliver a Declaration of Covenants and Restrictions in recordable form acceptable to the City, which will include the following provisions: • (a) A restriction prohibiting all vehicular egress from the Unocal Property and Parcel A to Coolidge, and all vehicular ingress from Coolidge to the Unocal Property and Parcel A, except for one curb cut at the location shown in Exhibit D attached hereto. (b) Owner will maintain in a neat and attractive condition all grass, bushes, trees and other landscaping located upon the Landscape Easement and upon that portion of the right-of-way of Coolidge which abuts the Unocal Property and Parcel A. If Owner fails to maintain such landscaping, the City shall have the right to do so and to submit a bill for the cost thereof to Owner. If Owner fails to pay any such bill within 30 days after it is due, the amount thereof may be certified to Hennepin County for collection with the real estate taxes on the Unocal Property. (c) Neither Owner, Owner's employees, nor Owner's customers shall park any vehicle on any public right-of-way abutting any portion of the Unocal Property or Parcel A. (d) Owner shall maintain the existing fence, or at Owner's election a replacement fence or other landscaping approved by the City, along the west property line of the Unocal Property so as to • -2- • maintain screening between the Unocal Property and the residential property to the west thereof. If the existing fence along the west property line of the Unocal Property is removed, Owner will replace the fence with another fence or with other appropriate screening acceptable to the City. (e) The covenants and restrictions will run with title to the Unocal Property and Parcel A, and will inure to the benefit of the City and be enforceable by the City against Owner and any successors and assigns of Owner. (f) The City will have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of any of the covenants or restrictions, or to enforce the performance or observance thereof. (g) The covenants and restrictions will inure to the benefit of the City and its successors and assigns, and shall be modified only by an appropriate document in recordable form executed on behalf of the City. If the Unocal Property is subject to any mortgage, contract for deed or ground lease, • the party holding an interest under any such document shall join with Owner in the execution of the Declaration of Covenants and Restrictions, or shall consent to the execution thereof and agree that its interest is subordinate to the provisions thereof. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year first above written. BONA PROPERTIES CITY OF ST. ANTHONY B$'A y By James R. Bona ayor General Partner By City Manager And J e A. Bona A General Partner • -3- • EXHIBIT A UNOCAL PROPERTY Parcel 1 : Lot 1, Block 1, Murray Heights 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2 : Lot 2, Block 1, Murray Heights 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. • S624J9 E .q o h 0 1 I lot lines, „ co 5 _ t in width •o U) o of-way lines, 2 2 t. \ 16 u �\ O•o. �V1 N w o Q1 o O �7,o I y i0 O coV 11 2 lk \ S s'1i• \• i r 5 88'17.22•E 1 C \ `TOsO'� `' �° _ 140.19 W Z-, E�Gh J ��`i• \ 1 s nb L j ,`` — — 157.87 .” — — — r H z POLI OS J ' Y A o 4 ro 010 `� �• �o �a yLd ---------- --� V i 26,87 �I \\ «� c� 2 I�,��9` A� 5 d9'S9'S8' E a•O� � � / p �Q• , 10.92---- 12�' - - -- ` - - - ----- - ----"e=D --- ---- - - __ moo• \ �/ 6� ��(� ' o cc ti �..�. -� — — — — — — — — - 248.05 �• ,- �� '1��:h.eJ: ::ar;eer':ct :ec • _ cg•sg ce• n ac a:8.52 / / °:nqe 17, '-en-ec r. .c.- • EXHIBIT C PARCEL A M �N �vLr ',� hLLJ P W\ 5 � C Q 4 1 8 ♦ \ ' • elld` \go,170.00 27 1 O 0 98.76 _ ♦♦ �" Ir 180 50—i '66�00 / o co 0 27TH z� BSp N 89'59'56' E / Z /A r- 01 L 1248.05 W S 8939'56' w N 65.48'1852 / I PlPiece=L A 4URRAY HEI GH TS / �- 3RD I ADDI TION / I / / • E?Q-HBIT D ACCESS FROM UNOCAL PROPERTY TO COOLIDGE STREET N.E. i 1 r / \% %♦♦ t �� a 2D ♦♦ 27 `♦• ice/ � ♦ 25 6 ?4*4Z 90 24' `♦ 40' 4 s� EXISTING = = DULDIN6 34 . 20 sq ft / 19 24