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Res 2015-26 5300 Central ROW Encroachment RESOLUTION NO. 2015 - 26 A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW PRIVATE IMPROVEMENTS ON A PUBLIC RIGHT-OF-WAY ADJACENT TO 5300 CENTRAL AVENUE, NE, CITY OF FRIDLEY, COUNTY OF ANOKA, MINNESOTA WHEREAS, the City of Fridley, through its legal and administrative staff have negotiated an Agreement with the property owners of 5300 Central Avenue NE, to allow private improvements to be built in the public right of way; and WHEREAS, the Agreement relates to the physical Property described in Exhibit A; and WHEREAS, The right-of-way serves not only the property at 5300 Central Avenue NE, but the property at 5400 Central Avenue as well; and WHEREAS, the two adjacent property owners have come to general agreement on the improvements in the right-of-way as they are meant to enhance and preserve access to both properties: and WHEREAS, a private easement agreement is being prepared and will be executed immediately upon final agreement of terms; and WHEREAS, approval of this Encroachment Agreement is conditioned upon the following: 1) Submittal to the City an executed private access agreement between Totem Foods, Inc. and Ricky's Properties, Inc., for the benefit of Ricky's Properties, Inc. 2) An Executed Declaration Release and Covenant not to Sue has been submitted by Totem Foods, Inc. 3) An Executed Declaration Release and Covenant not to Sue has been submitted by Ricky's Properties, Inc, in favor of Ricky's Property; and NOW, THEREFORE, BE IT RESOLVED, THAT UPON RECEIPT OF THE AFOREMENTIONED DOCUMENTS THE MAYOR AND CITY MANAGER ARE HEREBY AUTHORIZED TO SIGN THE ENCROACMENT AGREEMENT TO THEN BE FILED WITH THE ANOKA COUNTY LAND RECORDS OFFICE. PASSED AND ADOPTED BY THE CITY th COUNCIL OF THE CITY OF FRIDLEY THIS 9 DAY OF MARCH, 2015. _______________________________________ SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2015-26 Page 2 EXHIBIT A 5300 Central Avenue NE; legally described as: Tract A: All that part of Lot 12, Auditor’s Subdivision No. 155, which lies Easterly of a line parallel with and distant 351 feet Westerly from the East line of Section 23, Township 30, Range 24, according to the recorded plat thereof, Anoka County, Minnesota. Tract B: The South 20 feet of that part of Lot 11, Auditor’s Subdivision No. 155, which lies Easterly of a line parallel with and distant 351 feet Westerly from the East line of Section 23, Township 30, Range 24, according to the recorded plat thereof, Anoka County, Minnesota. Subject to: a.A highway easement taken by the State of Minnesota over the Easterly 121 feet of the Southeast Quarter of Section 23, Township 30, Range 24 together with the right to erect temporary snow fences upon the lands adjacent to Trunk Highway No. 65 and the right of access taken by the State of Minnesota being the right of ingress to and egress from Trunk Highway No. 65, except that the abutting owner shall retain the right of access on the Southerly 30 feet of said Southeast Quarter as evidenced by Final Certificates dated June 2, 1933, recorded June 14, 1933 in Book 140 on page 446 and dated March 10, 1959, recorded June 13, 1959 in Book 447 on page 213 in the office of the Anoka County Register of Deeds. b.An easement to the State of Minnesota for highway purposes, as shown by Final Certificate dated March 7, 1973 and recorded April 6, 1973 in Book 1023, Page 595, in the office of the Anoka County Register of Deeds. c.A Utility easement granted to the City of Fridley over the South 30 feet of Lot 12, Auditor’s Subdivision No. 155 by deed dated September 10, 1958, recorded December 3, 1959 in Book 465 on page 537 in the office of the Anoka County Register of Deeds. d.A perpetual nonexclusive easement 20 feet in width for roadway purposes across the South 20 feet of said Lot 11 as an extension of the service road Westerly of trunk Highway No. 65 and leading to 53rd Avenue N.E., the center line of which service road is approximately 173.5 feet Westerly of the East line of said Section 23; and subject to a perpetual nonexclusive easement for roadway purposes over the North 12 feet of the South 20 feet of Lot 11, Auditor’s Subdivision No. 155 which lies Easterly of a line parallel with and distant 351 feet Westerly from the East line of Resolution No. 2015-26 Page 3 said Section 23, as reserved in Deed dated June 30, 1965, recorded November 17, 1965 in Book 700 on page 146. e.During the term of that certain lease dated May 20, 1965 between Herringer, Inc., a Minnesota corporation, lessor and Central Embers, Inc., a Minnesota corporation tenant, and addendum thereto dated the same date between the same parties filed in the office of the Register of Deeds of Anoka County, Minnesota on December 14, 1965 and recorded in Book 699, page 505, together with a second addendum to said lease dated July 21, 1965, filed December 14, 1965 in said office and recorded in Book 699, page 525, no restaurant shall be operated upon the premises by any person except by or with the written consent of Central Embers, Inc., its successors or assigns. Said restrictions shall expire upon termination of said lease for any reason whatsoever, and upon filing of a release of said restriction executed and acknowledged by Central Embers, Inc., its successors or assigns, such release shall be entered as a memorial upon the Certificate of Title of said premises.