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Driveway Relocation f 869214 STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT TU THIS AGREEMENT made and entered into th s� i day of OCT-0/3e , 1989, by and between Duane R. Flatenhel.einafter referred to as 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 pay 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 Hackmann 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 building 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. r IT IS FURTHER AGREED THAT: The HRA, for a period of ten years, shall have an exclusive option for the purchase of any portion of that real property described in Exhibit A which will not encroach on any required side yards or setbacks for the sum of one dollar and other good and valuable considerations; and The provisions of this agreement shall be binding upon and enforceable against the parties hereto, their heirs, successors and assigns and subsequent owners of the property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorders Office and made a part of and be binding upon the above described property. IN WITNESS WHEREOF, the said parties have signed this agreement the day and year first above written 0 tai' DUANE R. FLATEN State of Minnesota) ) SS County of Anoka ) On this /87111 day of T-63,3 ie.- , 1989, before me, a Notary Public within and for the County of Anoka he State of Minnesota, personally appeared Duane R. Flaten, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that hey executed the same as hi free act and deed. /7/ i c//// - ,-....` CLYDE V.MORAVETZ Notary public J, NOTARY PUBUC•MINNESOTA t ANOKA COUNTY .- Mr Ccnun.Exp.Jan.24,1994 C + Y OF FRIDLEY HOUSING AND ' v LOPV T 400.RITY III Lawr-nce R. Co /esila Chairman ,f o.n L. ' . .erson - Executive Director f State of Minnesota) ) ss County of Anoka ) On this 18 day of OC •06€ , 1989, before me, a Notary Public within and for said County, personally appeared Lawrence R. Commers and John L. Robertson, to me personally known, who being each by me duly sworn they did say that they are respectively the Chairman and the Executive Director of the City of Fridley Housing and Redevelopment Authority, the municipal corporation named in the foregoing instrument, and said Lawrence R. Commors and John L. Robertson acknowledged said instrument to be the free act and deed of said municipal corporation. 2/7 , .- G / Y G Notary / This instrument drafted by: CLYDEV.MORAVETZ City of Fridley PUBLIC•ANVNESOTA 6431 University Avenue N.E. , ` ,, c ANOKA COUNTY 0111111.Fridley, MN 55432 � �"�"� � 1 EXHIBIT "A" CERTIFICATE OF SURVEY ;. FOR i CITY OF FRDL.fF,Y ill/ / LEGEND 6, MOST NORTHERLY CORNER 13 OF LOT 4, BLOCK 1 • ,DENOTES RON PPE FOUND , o DENOTES 1/2' IRON PIPE SET / c Q' ,- •o p� SCALE IN FEET a �♦ \♦ 0 30 60 /" +‘ \ 44 a o o ,t / A( /wee' 0 O \ 9s `_ `_I , 33 t ,2, 73 fA�_ t♦ N 2_,9,38 SF \+ G�Q��G�, \ I ..-- 6� DRAINAGE AND • �_LI , 'Q UTILITY EASEMENT SOUTH LINE OF LOT 4, BLOCK I ö 'h� 6 49.31 HACKMANN AVENUE LEGAL DESCRIPTION That part of Lot 4, Block 1, PARKVIEW MANOR SECOND ADDITION, according to the plat thereof on file and of record in the office of the county recorder in and for Anoka County, Minnesota, lying easterly and northeasterly of and adjoining the following described line: Commencing at the most northerly corner of said Lot 4; thence southwesterly along the northwesterly line of said Lot 4 a distance of 5.34 feet to the point of beginning of said line; thence southeasterly, deflecting to the left 90 degrees 17 minutes 18 seconds a distance of 1.69 feet; thence southeasterly and southerly a distance of 100.90 feet along a tangential curve concave to the southwest having a radius of 132.26 feet and a central angle of 43 degrees 42 minutes 44 seconds; thence southerly, tangent to said curve, a distance of 10.13 feet, more or less, to the south line of said Lot 4 and there terminating. Subject to easementSof record. I hereby certify that this survey, plan or- report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. oI; ! Date 4-20-87 Registration No. 18165 APPROVED �_ FILE N0. 84142 DATE AMIIIIr DRAWING NQ ENGINEERS I ARCHITECTS I PLANNERS (-- -...'- ---7(:„- ‘■1 4' .. . .- c‘ . lt :t• c:,,s t 0 .,,,e, ........„ CO \ ' S■ kt . 21 - EA (---N\- \ ft ) \ 0. N .* l'. .., ,73 i, .... I.\ §° ■ ■11,, • 2.-' LI nrtrrif ND P-,ti a . N a q 1 I lain, . . .