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LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY <br />RESOLUTION NO. 13-06 <br />APPROVING AN EASEMENT AGREEMENT BETWEEN THE LINO LAKES <br />ECONOMIC DEVELOPMENT AUTHORITY AND <br />LINO LAKES ASSISTED LIVING, LLC <br />BE IT RESOLVED By the Board of Commissioners ("Board") of the Lino Lakes Economic <br />Development Authority ("Authority") as follows: <br />Section 1. Recitals. <br />1.01. The Authority previously conveyed certain property described as Lot 1, Block 1, The <br />Village No. 5, according to the recorded plat thereof, Anoka County Minnesota (the "LLAL <br />Parcel") to Lino Lakes Assisted Living, LLC ("LLAL"). <br />1.02. Pursuant to 2013 Minnesota Laws, Chapter 73, Section 10, the Authority expects to <br />acquire certain tax -forfeited property described as Outlot B, The Village No. 3, according to the <br />recorded plat thereof, Anoka County Minnesota (the "EDA Parcel"), which parcel is adjacent to <br />the LLA Parcel. <br />1.03. To facilitate development of the LLAL Parcel, the Authority has determined to grant <br />to LLAL an easement across a portion of the EDA Parcel for purposes of a driveway that provides <br />access to the LLA Parcel. <br />1.04. The Board has reviewed terms of a proposed Easement Agreement between the <br />Authority and LLAL (the "Easement Agreement"), describing the terms and conditions of the <br />driveway easement. <br />Section 2. Authority Approval; Further Proceedings. <br />2.01. The Easement Agreement is hereby in all respects approved in the form attached <br />hereto as Exhibit A, subject to modifications that do not alter the substance of the transaction and <br />that are approved by the President and Executive Director, provided that execution of the documents <br />by such officials shall be conclusive evidence of approval. <br />2.02. The President and Executive Director are hereby authorized to execute, on behalf of <br />the Authority, the Easement Agreement, and any documents referenced therein requiring execution <br />by the Authority or otherwise required to effectuate the transaction described in those documents; <br />provided that the Easement Agreement shall not be executed and delivered to LLAL until the <br />Authority takes title to the EDA Parcel. <br />2.03. Authority staff and consultants are authorized and directed to take all actions needed <br />to carry out the transactions described in this Resolution. <br />427348v5 SJB LN140-109 <br />