Res 2015-27 5300 Central Release Waiver and Consent
RESOLUTION NO. 2015 - 27
A RESOLUTION APPROVING A DECLARATION, RELEASE, WAIVER OF CLAIMS
AND COVENANT NOT TO SUE WITH THE OWNER OF 5300 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 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, in connection with the Agreement, the City and owner of 5300 Central Avenue NE
have negotiated a Declaration, Release, Waiver of Claims and Covenant Not to Sue (the
“Declaration”) relating to the adjacent rights-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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
th
13 DAY OF APRIL, 2015.
_______________________________________
ATTEST: SCOTT LUND – MAYOR
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2015-27 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
said Section 23, as reserved in Deed dated June 30, 1965, recorded
November 17, 1965 in Book 700 on page 146.
Resolution No. 2015-27 Page 3
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.