98-8623r
81
RESOLUTION NO. 8623
RESOLUTION AUTHORIZING TEMPORARY OCCUPANCY AGREEMENT
WHEREAS, Gramercy Corporation ("Gramercy") is the fee owner of the real
estate located at 710 Lake Shore Drive and which is legally described on Exhibit A,
attached hereto and incorporate herein ("VFW Site")'; and
WHEREAS, pursuant to Section 13.05 of its City Charter, CITY is empowered to
vacate any street or alley or part thereof located within the City; and
WHEREAS, Lake View Walk was dedicated to the public as a public way in the
plat of Fairwood Shores, according to the plat thereof on file in the Office of the
Registrar of Titles in and for Hennepin County, Minnesota; and
WHEREAS, a portion of Lake View Walk lies between Lot 18, Block 3 of
Fairwood Shores and Lot 19, Block 3 of Fairwood Shores ("Lake View Walk"); and
WHEREAS, Gramercy and the Housing and Redevelopment Authority in and for
the City of Richfield ("HRA") propose to have or have entered into a Contract for Private
Redevelopment ("Redevelopment Contract") under which Gramercy has agreed or
proposes to agree to purchase certain real estate interests ("Additional Properties")
from the HRA and redevelop the VFW Site and the Additional Properties in accordance
with the terms and conditions of the Redevelopment Agreement; and
WHEREAS, Gramercy has requested that the HRA and CITY as the case may
be, extinguish or suspend the rights and ownership interests, if any, of any other party
in Lake View Walk during an 18-month period commencing upon the date upon which
Gramercy is deeded the Additional Interests, and grant to Gramercy the right to use
and occupy Lake View Walk during said 18-month period in connection with Gramercy's
redevelopment of the VFW Site pursuant to the Redevelopment Agreement; and
WHEREAS, the HRA has undertaken to acquire a temporary easement
encumbering the rights, if any, of Jean Elizabeth Davis in and to Lake View Walk in an
eminent domain proceeding relating to the Additional Interests in Hennepin County
District Court File No. CD-2508, and to assign such rights to Gramercy; and
WHEREAS, Gramercy has requested CITY to grant Gramercy the right to
temporarily occupy Lake View Walk in accordance with the terms and conditions of the
Temporary Occupancy Agreement.
Resolution No. 8623
-2-
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor and City Manager to execute a Temporary Occupancy Agreement on behalf
of the City of Richfield with Gramercy Corporation to permit temporary occupancy of
Lake View Walk in the plat of Fairwood Shores, to facilitate performance by Gramercy
Corporation of the Contract for Private Redevelopment with the Housing and
Redevelopment Authority in and for the City of Richfield in accordance with the
provisions of the Temporary Occupancy Agreement on file with the City Clerk.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
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Martin J. Kirsch, yor
ATTEST:
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Thomas P. Ferber, City Clerk