Res 2015-28 5400 Central Release Waiver and Covenant
RESOLUTION NO. 2015 – 28
A RESOLUTION APPROVING A DECLARATION, RELEASE, WAIVER OF CLAIMS
AND COVENANT NOT TO SUE WITH THE OWNER OF 5400 CENTRAL AVENUE NE
WHEREAS, the City of Fridley, through its legal and administrative staff have negotiated an
Agreement Relating to Landowner Improvements Within City Right of Way Adjacent to 5300
Central Avenue NE in the City of Fridley, County of Anoka, Minnesota (the “Agreement”) with the
property owner of 5300 Central Avenue NE, to allow private improvements to be built in the public
right of way; 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, in connection with the Agreement, the City and owner of 5400 Central Avenue NE
have negotiated a Declaration, Release, Waiver of Claims and Covenant Not to Sue (the
“Declaration”) relating to the adjacent right-of-way; and
WHEREAS, approval of this Declaration 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) Submittal to the City of an Executed Declaration, Release, Waiver of Claims and Covenant
Not to Sue executed by Totem Foods, Inc.
3) Submittal to the City of an Executed Declaration, Release, Waiver of Claims and Covenant
Not to Sue executed by Ricky's Properties, Inc., and Ricky’s, Inc.
NOW, THEREFORE, BE IT RESOLVED, that upon the receipt of the aforementioned executed
documents the Mayor and City Manager are hereby authorized to sign the Declaration to be filed
with Anoka County.
th
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27
DAY OF APRIL, 2015.
_______________________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2015-28 Page 2
EXHIBIT A
5400 Central Avenue NE; legally described as:
A tract of land beginning at the point of intersection of the North line of
the South 20 feet of Lot 11, Auditor’s Subdivision Number 155, Anoka
County, Minnesota, with the West right of way line of Trunk Highway
Number 65; thence Northerly along said West right of way line a distance
of 162 feet; thence Westerly a right angle to said right of way line a
distance of 195 feet; thence Southerly at a right angle a distance of 162
feet to the Northerly line of the South 20 feet of said Lot 11, Auditor’s
Subdivision Number 155, thence Easterly along said Northerly line of
said Southerly 20 feet of said Lot 11, Auditor’s Subdivision Number 155
to the point of beginning.