1998 HRA Resolution 0687
HRA RESOLUTION NO. 687
RESOLUTION AUTHORIZING TEMPORARY EASEMENT
WHEREAS
, the City of Richfield, Minnesota (the "City") desires to facilitate the
redevelopment of Lots 19-23, Block 3, Fairwood Shores (“Gramercy Site”); and
WHEREAS,
the Housing and Redevelopment Authority in and for the City of
Richfield (the “HRA”) is owner in fee simple of Lot 5, Block 3, Fairwood Shores and said Lot
5 is now vacant; and
WHEREAS
, Gramercy Corporation (“Gramercy”), the proposed redeveloper of the
Gramercy Site, has proposed to excavate under the public alley which abuts the Gramercy
Site and is identified as “Auto Lane” within Block 3 in the plat of Fairwood Shores; and
WHEREAS
, Gramercy has also requested that the City close said Auto Lane to
public use for a period of 18 months during demolition and redevelopment activities to be
performed on the Gramercy Site and within said Auto Lane; and
WHEREAS
, Gramercy and City have requested that, in order for the City to
accommodate Gramercy’s request for closure of the Auto Lane abutting the Gramercy Site
during said 18-month period, the HRA grant a temporary easement to the City across Lot 5,
Block 3, Fairwood Shores for alley purposes to enable the public need for an alley within
Block 3, Fairwood Shores to be served by means of the proposed temporary easement
during the 18-month period during which it is anticipated that the Auto Lane will be closed.
NOW, THEREFORE, BE IT RESOLVED
by the Housing and Redevelopment
Authority in and for the City of Richfield that the Executive Director and Chairperson are
authorized and directed to execute a temporary easement in favor of the City of Richfield
for an 18-month period over Lot 5, Block 3, Fairwood Shores, for public alley purposes.
BE IT FURTHER RESOLVED THAT
this resolution shall not take effect until
execution by Gramercy Corporation of an unconditional written commitment to (1) construct
the temporary alley across Lot 5, Block 3, Fairwood Shores, which is necessary to provide
alley access to properties otherwise dependent upon Auto Lane for alley access, in
accordance with specifications established by the City Director of Public Works,
(2) reconstruct Auto Lane in accordance with specifications established by the City Director
of Public Works no later than 18 months from the date hereof, and (3) restore Lot 5, Block
3, Fairwood Shores to substantially the same condition as existed thereon prior to
construction of the temporary alley (or other condition mutually acceptable to the Executive
Director of the HRA and Gramercy Corporation).
HRA Resolution No. 687-2-
NOW, THEREFORE BE IT RESOLVED
that this Resolution is contingent upon the
agreement of the City of Richfield to indemnify, defend and hold harmless the HRA from
any claims, damages, or causes of action which may be made or claimed against any of
them, its members, employees or agents, as a consequence of the creation of said alley
easement or the construction, operation or maintenance of a public alley thereon.
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 19th day of October, 1998.
Thomas E. Harms, Chair
ATTEST:
Michael Sandahl, Secretary