98-8622r
80
RESOLUTION NO. 8622
RESOLUTION AUTHORIZING TEMPORARY CLOSING OF ALLEY
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 ("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 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 the City have requested that, in order for the City of
Richfield 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; and
WHEREAS, the HRA staff has requested the HRA Board of Commissioners to
grant the proposed temporary easement during said 18-month period in order that the City
may temporarily close the Auto Lane within Block 3 of the platted Fairwood Shores.
NOW, THEREFORE, BE IT RESOLVED that the public alley which abuts Lots 19-
23, Block 3, Fairwood Shores and which is identified as Auto Lane within Block 3 of the
Plat of Fairwood Shores shall be closed to public use for an 18-month period commencing
upon conveyance by the HRA to Gramercy Corporation of the following real estate:
Commencing at a point in the Southerly line of Lot 23, Block 3, Fairwood Shores, at
a point 75 feet West, measured along the South line of said Lot 23 from the
Southeast corner thereof; thence East along the South Line of Lot 23 a distance of
75 feet to the Southeast corner thereof; thence Northeasterly along the East line of
said Lot 23 a distance of 44 feet; thence Northwesterly a distance of 64.4 feet to a
point distant 78.4 feet Northeasterly from the point of beginning, then Southwesterly
a distance of 78.4 feet to the point of beginning, according to the plat thereof on file
or of record in the Office of the Registrar of Titles in and for said County, Hennepin
County Minnesota.
(Commonly known as 6724 Lyndale Avenue South, Richfield, MN 55423)
Resolution No. 8622
-2-
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).
BE IT FURTHER RESOLVED, that upon the creation by the HRA of a temporary
easement for alley purposes across said Lot 5, Block 3, Fairwood Shores, the City agrees
to indemnify, defend and hold harmless the HRA, its members, employees and agents for
any claims, damages, or causes of action which may be made or claimed against any of
them as a consequence of the creation of said alley easement, or the construction,
operation or maintenance of a public alley thereon.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
vfltfrWUiL) p0~
Thomas P. Ferber, City Clerk