AF-AGREEMENT - 45270DATE:
TO:
FROM:
HOUSING & REDEVELOPMENT
AUTHORITY
Memorandum
December 16, 1999
Fritz Knaak, City Attomey
Barbara Dacy, Community Development Director
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SUBJECT: Preparation of Agreement for Recording at 5750 Hackmann Avenue
Background
On October 18, 1989, the Fridley Housing and Redevelopment Authority entered into a
"Mutual Agreement" with Duar�e R. Flaten. The Mutual Agreement is recorded as
Document #8692 and 4 and is enclosed in this mailing.
The purpose of the agreement at that time was to give the HRA the exclusive option for
10 years to purchase any portion of the property described in the agreement. In retum, -
the HRA agreed to pay for the costs for rearranging the driveway and location of the
garage on the property.
Current Request
As you know, the intersection improvement has now been completed. The HRA has
made all the improvements required by the agreement. It is now appropriate to record
an agreement against the property which nullifies this previous agreement.
I have also attached copies of correspondence between previous legal counsel and
staff regarding the nature of the agreement when the property owner was trying to
refinance in 1994. I think it is appropriate to record a new agreement at this ti me to
officially close the matter, similar to a"satisfaction of mortgage".
Please forward the agreement to my attention when completed, and I will have the
Chairperson and Executive Director of the HRA execute the agreement.
BD:Is
M-99-308
_
_
CI"IYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UI�IIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
January 18, 2000
Mr. Duane Flaten
5750 Hackman Avenue NE
Fridley, MN 55432
Dear Mr. Flaten:
As you know, you had executed a mutual agreement with the Housing and
Redevelopment Authority on October 18, 1989, regarding various aspects pertaining to
your property at that time. Attached for your review and signature is a document which
states that all of the conditions of that agreement have been fulfilled by both parties.
The intent of this agreement is to have it recorded at Anoka County Recorders ofFce, so
that should you choose to sell it in the future, there should not be any issue conceming
the title.
As you may also recall, I believe you refinanced your mortgage a few years ago, the
Title Company raised an issue regarding the "10 year option" that was mentioned in the
agreement. Therefore, the attached document would rectify any concems that the Title
Company or others may have.
Should you have any questions regarding the agreement, please do not hesitate to
contact me at 612-573-3590. Once you have retumed the document to my attention I
will take the appropriate steps to have it recorded at Anoka County.
Barbara Dacy ��
Community Development Director
BD\jt
Enclosure
C-00-08
ANOKA COUNTY PRORER'TY RECORDS �ABSTRACT Receipt #
2100 3rd Avenue, Anoka, Minn�ota 5�3 �' .� ❑ TORRENS Certificate #
Filed by:
The
fo�ararded on U,.5=„�-ov is/are not acceptable for �ling for tNe
reasons listed below: l/0✓,� d� Y-a-� --- --- —__- --__ __-
❑ Warranty Deed ❑ Assign Mortgage �
❑ Quit Claim Deed ❑ Satis/Rel Mortgage ��'Z�l.�,�. '– P
❑ Mortgage ❑ Partial Rel Mortgage � I
Reasons:
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❑ PLEASE RETURN T�HIS FORM WHEN YOU RESSJBMIT YOUR DOCUMENTS.
Phone # (612)323-54 � %
oH�InN: oocum.M copy /s��e: Flto copyr
�Fridleyx � Anoka. �Iinnesola. �.'.� �7.��� ..................
COUNTY RECORDER OF ANOKA COUNTY, MINNESOTA
Please charge against our deposit with you for the retord of Lhe foltoaving instruments:
Doc. No. II Inst.
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ease includ key info o receipt to City�
TOTAL ...........
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STATE OF MINNESOTA STATEMENT OF FULFILMENT OF
CONDITIONS AND MUTUAL RELEASE
COUNTY OF ANOKA
THE UNDERSIGNED PARTIES, Duane R. Flaten (hereinafter °the Owner�) and
the City of Fridley Housing and Redevelopment Authority (hereinafter, "the
HRA"), understand and represent the following:
1. That the Owner and the HRA were parties to an agreement, memorialized in
writing in a document entitled °Mutual AgreemenY' (hereinafter, °the
AgreemenY'), which was executed on October 18,1989, and filed with the
Anoka County Recorder as Document Number 869214.
2. That the Agreement provided for certain conditions, rights, obligations and
duties of the HRA and the Owner as are stated therein.
3. That the Agreement provided an exclusive ten-year option, granted by the
Owner to the HRA.
4. That the HRA and Ovmer both agree that all executable terms and conditons
of the aforesaid Agreement have been done or met to their mutual
satisfaction and that they wish to memorialize the fulfilment of all terms and
obligations arising thereunder.
5. That the parties have agreed in exchange for mutual promises and other
good and valuable consideration to a mutual release of any and all claims
that may arise under the terms of the Agreement.
IT IS, THEREFORE, AGREED
That the Owner and the HRA mutually agree that the Conditions, Duties,
Obligations and Rights of the aforesaid Agreement have been fulfilled under its
terms, and they each do fully and completely release the other, and the other's
heirs and assigns, from any and all further claims that may have arisen or could
arise in the future thereunder.
ti �
IN WITNESS HEREOF, THE PARTIES HAVE SIGNED THIS AGREEMENT.
° �.� � ---a.
DUANE R. FLATEN, Owner
CI OF IDLE HOUS G AND
PM H RITY
LAWRENCE R. COMMERS, Chairman
�a1�„ _ _ � Oi� � ;2_ZP�-�2—
— �
WILLIAM BURNS, Executive Director
This document drafted by:
Holstad & Knaak, P. L. C.
Frederic W. Knaak, Esq.
(Mn. Lic.56777)
3535 Vadnais Center Drive
Vadnais Heights, MN. 55110
[Tel] 651.490.9078
ABSTRACT
Receipt # ❑ Certified Copy
, i /�„- / 1 � , ov Date Mailed - �
Date/Time: �/i�i��
❑ Tax Liens / Releases
Doc. Order � of �
r ❑ Multi-Co Doc Tax Pd
✓ by: Pins:
Recordability / Delq�s�. /� ❑ Transfer ❑ New Desc.
.. l/ '
Filing Fees��`- /�� ❑ Division ❑ GAC
Well Cert'rficate ❑ Status ❑ Def. Spec
Received this Date:
Anoka County Recorder ❑ Other �o Change
Notes:
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CIIYOF
FRIDLEY
FRIDLEY MUIVICIPAL CENTER • 6431 UIVIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
April 24, 2000
Anoka County Records & Taxation
Govemment Center
2100 3�d Avenue
Anoka MN 55303-0000
To Whom It May Concerr�:
Please record the enclosed "Statement of Fulfilment of Conditions and Mutual Release"
Agreement against the propert�r. The property Legal description is Lot 3 and part of Lot
4, Block 1, Parkview Manor 2" Addition, and the PIN number for the property is: 24-30-
24-23-0038.
If you have any questions, please feel free to contact me at 763-572-3590.
ince
�rbara Dacy
Gommunity p�
Enclosure
B D\jt
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STATE OF MINNESOTA
COUNTY OF ANOKA
�69214
MUTUAL AGREEMENT
T7�
THIS AGREEMENT made and entered into th �'i��_,�, .�� day of �Cyc B��,
1989 b and between Duane R. Flaten *`�ie��inafter referred to as
, Y
the "Owner" his heirs, successors, and assigns; and the City of
Fridley Housing and Redevelopment Authority, a municipal
corporation, hereinafter referred to as the "HRA".
WHEREAS, the HRA plans to reconstruct the Old Central/Hathaway Lane
intersection in the future; and
WHEREAS, it will be necessary to relocate the Owner's driveway
because it is too close to the redesigned intersection; and
WHEREAS, the Owner wishes to tear down the existing garage and
rebuild it as soon as possible. .
IT IS HEREBY AGREED AS FOLLOWS:
The HRA shall pax to the Owner upon completion of the Work the sum
of $2, 475. 00 for �the cost of repositioning the garage door from the
west side to the south side; and
That the HRA will remove the existing driveway from Central Avenue
to the existing concrete slab that extends from the southerly door
of the house to the garage and will sod the abandoned driveway
area; and
That the HRA will construct a concrete sidewalk from the above-
mentioned existing concrete slab to the westerly door of the house;
and .
That the HRA will construct a new asphalt driveway 18 feet in width
from Hacl�nann Avenue to the new garage door. The driveway
construction will require the City to remove a tree located in the
proposed driveway; and
That the HRA will deed to the Owner before construction of the
intersection improvements at Central Avenue and Hackmann Avenue the
excess real property described in Exhibit A located south and west
of subject property, and the Owner will accept the same; and
That the Owner will: (1) apply for a buildinq permit for the
reconstruction of the garage prior to the HRA construction of the
new driveway, (2) maintain the boulevard between the property line
and the curb of existing adjoining streets, and (3) accept the
agreement as total and complete compensation for the improvements.
Engineerin9
Sewer
Waler
ParkS
Stree[s
Mainten�ncc
MEMORANDUM
TO: Jock Robertson, Executive Director - HRA PW89-227
FROMs
DATEs
John G. Flora,�Public Works Director
Mark A. Winson, Asst. Public Works Director`�
August 4, 1989
SIIBJECT: Reconstruction of Driveway at 5755 Central Avenue
Background
See attached memo to Housing and Redevelopment Authority dated May
3, 1989.
current Status
The Property Owner has received four (4) bids for the retro fit of
the existing garage. The low bid was in the amount of $2,475.00.
During discussions with the property owner, it was decided that
there would be a savings in constructing the new driveway off the
side of the existing garage due to the slope of the ground at the
rear of the garage. A rear entrance would require extensive dirt
work and the construction of a retaining wall. The Property Owner
has agreed to the side entrance. The estimated improvement cost
to remove the existing driveway and install the new driveway is
$3,500.00.
Recommendation
Staff recommends the HRA authorize the payment of $2,475.00 to the
Property Owner, Duane Flaten, towards the reconstruction of his
garage and authorize the Public Works Department to remove the
existing driveway and construct a new driveway from Hackmann Avenue
to the garage at a cost of $3,500.00.
Additionally the staff recommends the HI2A consider granting the
excess property, indicated on the attached map, to Mr. Flaten after
the new intersection is constructed in return for his agreement to
maintain said property.
MAW/ts
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DATE: May 3, 1989
TO: Housing and Redevelopment Authority
FROM: Jock Robertson, Executive Director of HRA
SUBJECT: Authorize Reconstruction of Driveway from Old
Central Avenue to Hackmann Avenue
Backaround
The HRA acquired the residential property in the northeast corner
of the intersection of Old Central and Hathaway Lane so that the
reconstruction of the Old Central/Hathaway intersection could occur
in conjunction with the Highway 65 intersection improvement
associated with the Lake Pointe project. As is indicated on the
attached minutes, the HRA was informed on December 11, 1986, that
it will be necessary to relocate the driveway at 5755 Central
Avenue because it is too close to the proposed redesigned
intersection. The options discussed at that time were to move the
garage doors from the front to the rear of the garage and to
construct a new driveway to Hackmann Avenue.
Current Status
The property owner wants to tear down the garage and rebuild it as
soon as possible. The Building Inspector inspected the property
on April 21, 1989. There are several items which need to be
completed so that the building meets the building code. He also
points out that there are three courses of block at the rear of the
garage. In order to relocate the garage door from the front to the
rear of the garage, the entire rear wall would have to be replaced.
The property owner has indicated a willingness to share some of the
costs of building a new garage. Staff recommends that.we advise
the property owner to receive estimates for the retrofit of the
existing garage and for construction of the new garage. The HRA
could then authorize an amount equal to the cost of the retrofit,
and the property owner could use that money toward building a new
garage, if he desir,es.
�
Old Central/Hackmann Avenue
May 3, 1989
Page 2
Given the current condition of the garage, it would be better for
the neighborhood to have an improved structure at the new
intersection.
Recommendation
Staff recommends the HRA authorize the Public Works Department to
remove the existing driveway and construct a new driveway from
Haclaaann Avenue to the garage. Staff also recommends that the
Executive Director be authorized to contact the property owner to
submit comparative bids on the cost of reconstruction of a new
garage and the cost of retrofitting the existing garage.
JR:ls
M-89-212
HOUSING & RF�EVELOP�tEWT AUTHORITY f1EETIiJ� �ECQ•1RER 11 1986 P11�F 15
Mr. Qureshi stated the City v�as trying to cooperate the best way they can
in minimizinq �1r. lJeir's concerns.
7. COt�JSIDER11TI0N OF AUTHORIZIt1G TtIE CITY TQ PR�CEED IJITIi PROPERTY AC t!ISITI�c�
Ill ED t• ITI� HF IPI FRSF. . I P I 1PR0! E ENT OF HA HA � Y ��E P��1 AL� CF�ITRqL;
Mr. t�uresfii stated tF�is ite� �yas for the HRA's inforr�ation.
!1r. Quresf�i stated that associated with the int�rsection improver�ent at
lii�h�•�ay 65/l�lest Noore Lal:e Drive/Ald Central, there was also the redesic�n of
the Hathaa�ay/Hackr�ann/Hillwind/Old Central intersection. The HRA purchased
the corner residentia] lot in tf�e arPa in ordPr to provide for this inter-
section improver.ient. In addition, it aapPared to be necessary to relocate
the garac�e access at 5755 Old Central because of i*.s nroximity to the ne��
in±erscction to provide access off Hatha��ay Lane. The garage doors would
have to be chanqed fror� front to rear and a ne►•i drivea�ay constructed fror�
the rear of the property. This driveway would have to cross a part of
57f0 I�atha�vay Lane. The person v�ho o�•ms 57F0 Natha��ay Lane has indicated a
desire to sell the property, a triangular piece a6out 24 ft. lon� by 28 ft.
dePp.
8. CONSIDERATION OF APPROVING A CONCEPTiJAL PLAN FOR FUTURE IMPROVEMENT
E�{PII�IDIZLTRES
Mr. Qureshi stated that infozmation regarding the $3,400,000 in available funds
from ttbe 1985 $11,550,000 G.O. Tax Increment Bond sale had been brought to the
HIZA's attention at the May 8. 1986 HRA meeting. At that time, conceptual
apprwal v�ras given by the HIzA to sper�d the available $3.4 million for several
proposed projects within Redevelognent Project I�b. 1.
At the Septenber 23. 1986 me�ting of the HI�A, staff advised the HRA members of
the approxii►ately $6.8 million in projected increment within Redevelopment
Project No. 1�ich will have been generated by the year 1993. It had been the
coneensus of both the i�2A and the City Caincil that the F�tA co�tinue to collect
increme�nt generated within Project Area No.l. Staff was requested to prepare a
timeline of proposed projects and expenditures which could be funded with the
$6.8 millioaz in available incren�t. Mr. Qureshi stated that staff has prepared
a Conceptual Plan which addressess the projects, expenditures and the timeframe
fo� tt�e expenditures. This O�r�eptual Plan is included herein as bchi.bit B.
On the werhead projector, Mr. Qureshi displayed. 2 graphs, explaining that
increznent generated fran increased values of ci�evelo�zt p�vjects is used in the
follvwi.ng vrrays: .
1. 'ib retire bor�ds the HRA has sold, as incre�nt is pledged f irst to pay of f
such bonds.
2. Additional bo�u3s may be sold to fur�d other develo�xnent proj ects within the
Project Area. ,
3. Zb fund projects directly, using available increnent which is n�ot committed
to the repayment of bo��ds.
MEMO TO: Steve Barg, Code Enforcement Officer
MEMO FROM: Darrel Clark, Chief Building Official Cl�'�
MEMO DATE: April 21, 1989
SUBJECT: 5755 Central Avenue N.E.
An inspection was made on the detached 20' x 22' garage at 5755
Central Avenue N.E. The garage is about 30 years old. It is not
dangerous but is in need of some maintenance.
1. The roof shingles are old and need to be replaced.
2. Th� facia and soffit should be replaced.
3. The visible rafter tails are rotting.
4. The 2" x 4" rafters are overspanned.
5, The bottom plates are starting to rot.
G. The slab has one major crack.
7. The entire structure needs paint.
The back of the garage has 3 courses of block, therefore to
relocate the overhead door from the front to the back would mean
the whole wall would have to be replaced.
DGC/mh
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