HomeMy WebLinkAbout2017-08-15 HRA Regular Meeting PacketAgenda
Housing and R edevelopment Authority Meeting
City of Edina, Minnesota
Edina City Council Cham be rs Im m ediately Followin g City Council Re gu la r M ee ting
Tuesday, August 15, 2017
7:00 PM
I.Call to Order
II.Roll Call
III.Approva l of Meeting Agenda
IV.Community Comment
During "Community Comment," the Housing and Redev elopment Authority
(HRA) will invite members of the a udience to share new issues or concerns
tha t haven't been considered in the past 30 days by the HRA or which aren't
slated for future consideration. Indiv iduals must limit their comments to
three minutes. The Chair may limit the number of spea kers on the same
issue in the interest of time and topic. Generally speaking, items that are
elsewhere on tonight's agenda ma y not be addressed during Community
Comment. Individuals should not expect the Commissioners to respond to
their comments tonight. Instead the HRA might refer the matter to sta, for
considera tion at a future meeting.
V.Adoption of Consent Agenda
All a genda items listed on the consent agenda are considered routine and
will be enacted by one motion. There will be no separa te discussion of such
items unless requested to be remov ed from the Consent Agenda by a
Commissioner of the HRA. In such cases the item will be remov ed from the
Consent Agenda and considered immediately following the a doption of the
Consent Agenda. (Favorable rollcall v ote of majority of HRA Commissioners
present to approve.)
A.Approv al of Minutes of: August 2, 2017 Regular HRA Meeting
B.T emporary Easement: 3948 Market Street
VI.Adjournment
The Edina Housing and Redevelopment Authority wants a ll participants to be
comforta ble being part of the public process. If you need assistance in the way of
hearing ampli:ca tion, an interpreter, large-print documents or something else,
please call 952-927-8861 72 hours in advance of the meeting.
Date: Augus t 15, 2017 Agenda Item #: I V.A.
To:C hair & C ommissioners of the Ed ina HR A Item Type:
F rom:Debra A. Mangen, C ity C lerk
Item Activity:
Subject:Approval of Minutes of: Augus t 2, 2017 R egular
HR A Meeting
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P ME NT
AUT H O R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED :
I N TR O D U C TI O N :
AT TAC HME N T S :
Description
Draft August 2, 2017 Regular HRA Meeting Minutes
Page 1
MINUTES
OF SPECIAL MEETING
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
AUGUST 2 2107
10:40 P.M.
I. CALL TO ORDER
Chair Hovland called the HRA meeting to order at 10:40 P.M.
II. ROLLCALL
Answering rollcall were Commissioners, Brindle, Fischer, Staunton, Stewart, and Chair Hovland.
III. APPROVAL OF MEETING AGENDA
Motion made by Commissioner Brindle and seconded by Commissioner Stewart approving the
Meeting Agenda.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
IV. COMMUNITY COMMENT
No comment was received
V. CONSENT AGENDA ADOPTED
Motion made by Commissioner Staunton, seconded by Commissioner Stewart approving the
consent agenda as follows:
V. A. Approve minutes of June 20, 2017 HRA Work Session, June 20, 2017 HRA Regular
Meeting and June 27, 2017 Special HRA Meeting
V.B. Appoint Ann Swenson to serve the remaining term of Edina Housing Foundation Board
of Directors member Jack Rice, effective immediately, and ending on March 1, 2019.
VI. ADJOURNMENT
Chair Hovland declared the meeting adjourned at 10:41 p.m.
Respectfully submitted,
Scott Neal, Executive Director
Date: Augus t 15, 2017 Agenda Item #: I V.B.
To:C hair & C ommissioners of the Ed ina HR A Item Type:
R ep o rt / R ecommend atio n
F rom:Bill Neuendorf, Ec o nomic Development Manager &
Brian O ls on, P ublic Wo rks Direc tor Item Activity:
Subject:Temp o rary Eas ement: 3948 Market S treet Ac tio n
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P ME NT
AUT H O R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED :
Approve the temporary easement and authorize the C hair and S ecretary to execute the final document that is
substantially in compliance with the attached draft.
I N TR O D U C TI O N :
I n preparation for the expansion of the North P arking R amp, it was discovered that a small portion of the existing
parking lot behind the H ooten C leaner bulding is actually on land owned by the adjacent property owner - L B 49-
1/2 S treet L L C . T his portion varies in size from 6 to 20-inches along the western edge of the site.
A temporary easement has been prepared to give the demolition and construction contractors working on behalf
of the E dina H ousing and R edevelopment Authority (H R A) rights to access this sliver of private property. T he
easement also includes a standard provision to grant a future construction crane rights to swing in the air space
above the P ost O ffice building with the condition that any resulting damage would be the responsibility of the
H R A / contractor.
AT TAC HME N T S :
Description
Temporary Easement - 3948 Market St DRAFT
Site Plan - Excerpt
193612v1 1
(reserved for recording information)
GRANT OF TEMPORARY EASEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is made and entered as of the ____
day of __________________, 2017, by and between the HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF EDINA, a public body corporate and politic of the State of
Minnesota (“HRA”), and LB 49TH 1/2 STREET, LLC, a Minnesota limited liability company
(“Grantor”).
RECITALS
A. HRA is the fee owner of the real property, which property is legally described on
Exhibit A (“HRA Property”);
B. Grantor is the owner of the property abutting the HRA Property, which property is
legally described on Exhibit B (“Grantor Property”);
C. In connection with demolition of the improvements located on the HRA Property,
the HRA desires to remove the HRA parking area and driveway located on the easterly portion of
the Grantor Property and will also need to locate a crane swing in the aerial portion of the Grantor
Property in connection with the construction work on the HRA Property;
193612v1 2
NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by the HRA, the receipt and sufficiency of
which is hereby acknowledged by Grantor:
1. Easement. Grantor does hereby grant unto the HRA, its successors and assigns, a
temporary easement over, across, on, under, and through the Grantor Property, for the following
purposes:
i. Removing the HRA paved parking area and driveway within the Grantor Property
located near the east property line;
ii. Location of a crane swing within the aerial portion of the Grantor Property in
connection with construction of improvements located on the HRA Property;
iii. The right of ingress to and egress from the Grantor Property for the above-
identified purposes.
Use of the Grantor Property during the term of this Agreement shall be at the will of the
HRA, its successors and assigns; it being the intention of the parties hereto that the Grantor hereby
grants the uses herein specified without divesting itself of the right to use and enjoy the Grantor
Property, subject only to the HRA’s right to use the same for the purposes herein expressed.
2. Scope of Easement. The term of this Agreement shall commence upon execution
of this Agreement and expire upon the earlier of: (i) the HRA acceptance of the work removing
the HRA paved parking and driveway areas located within the Grantor Property and demolition
and construction of the improvements on the HRA Property or (ii) October 31, 2018
The HRA shall be responsible for the repair and restoration of any damage done by the
HRA, its employees, agents or contractors during the removal of the parking area and driveway on
the Grantor Property and use of the Grantor Property for the crane swing, except that restoration of
the parking area and driveway shall be limited to restoration of the grade to existing grades and
seeding the area.
193612v1 3
The above named Grantor, for itself, its successors and assigns, does covenant with the
HRA, its successors and assigns, that it is well seized in fee title of the above described Grantor
Property; that it has the sole right to grant and convey the easement to the HRA; that there are no
unrecorded interests in the Grantor Property; and that it will indemnify and hold the HRA harmless
for any breach of the foregoing covenants.
[remainder of page intentionally blank]
[signature pages to follow]
193612v1 4
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _______
day of _______________, 2017.
GRANTOR:
LB 49TH ½ STREET, LLC
By:
________________
Its:__________________________________
STATE OF _____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2017, by _________________, the _________________ of LB 49th ½ Street,
LLC, a limited liability company, on behalf of said corporation.
___________________________________
NOTARY PUBLIC
193612v1 5
IN TESTIMONY WHEREOF, the HRA hereto has signed this document this _______ day of
_______________, 2017.
HRA:
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF EDINA
By:_________________________________
James B. Hovland, Its Chair
And:________________________________
Robert Stewart, Secretary
Attested By:______________________________
Scott Neal, Executive Director
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2017, by James B. Hovland, Robert Stewart, and Scott Neal, the Chair,
Secretary and Executive Director of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF EDINA, a public body corporate and politic of the State of Minnesota, on its behalf.
___________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
193612v1 6
EXHIBIT “A”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description of HRA Property:
The East 85 feet of the West 120 feet of the East 172 feet of the South 150 feet of the North ½ of
Lot 36, Auditor’s Subdivision Number 172, Hennepin County, Minnesota.
193612v1 7
EXHIBIT “B”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description of Grantor Property:
A temporary easement for removal of paved parking and driveway purposes and aerial use of a
crane swing over, under, and across the following real property:
Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the
East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision
Number 172; together with that portion of West 49 ½ Street now vacated described as
follows:
The North 1.25 feet of the East 68.76 feet of that part of West 49 ½ Street abutting
the south boundary of the tract of land described as “Lot 1, Block 1, Replat of Lot
6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the
South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number
172”,
according to the plat thereof on file and of record in the office of the Register of Deeds in
and for Hennepin County, Minnesota.
3948
USPS
North Ramp
3944
expansion
3930
expansion
Temp. Easement
sought on 6-20 inches
of private property
North Ramp Expansion
August 2017
Center Ramp