Agenda - Council - 04/14/1998 (2)

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WED 8:58 AM LIHDBERG & MCKIHHI$ PA FAX ~0. 612 689 9806 P. NOW THEREFORE, the parties hereto agree as follows: 1. City code comnllance. CITY and BJORKLUND will develop the plat in accordance with the CITY code, Section 9.50 entitled "Subdivision", pursuant to a final plat to be prepared by Hakanson Anderson Assoc., Inc., and each party shalI pay one-half of the expense of the final platting from April 20, 1998 to final plat. It is estimated that such amount for each party shall be $ 2. Property.deeds. CITY agrees to sell and convey to BJORKLUND the following described real property: The South 95 feet of Outlot A; the South 95 feet of T,ot 1, Block 3; and the South 90 feet of Lot 2, Block 3, Business Park 95 Seventh Addition, according to the Sketch Plan attached as Exhibit A; and thc South 95 feet of Lot 4, Block 1, Park 67 Industrial Park, excepting therefrom right-of-way retained for 139th Avenue Northwest, which legal description may change according to the final plat, but shall contain said property for the price orS1.00 per square foot according to a footage to be calculated by the surveyor and which shall be approximately 51,014.05 square feet, excepting a portion retained for 139th Avenue Northwest. 3. I._ike-kind exchange. I:IJORKLUND shall enter into a purchase agreement for a like-kind exchange of property wilh Carl S. Johnson and Lorence R. Johnson whereby BJORKLUND shall acquire a part of Lot 4, Block 1, Park 67 Industrial Park measuring approximately 110.74' x 175', described as the North 175 feet of Lot 2, Block 3, Business Park 95 Seventh Addition, according to Exhibit A attached hereto, and would agree to convey to Carl S. Johnson and Lawrence R. Johnson the South 175 feet of the East 110 feet of Lot 4, Block 1, Park 67 Industrial Park, excepting lherefrom fight-of-way retained for 139th Avenue Northwest. 4. Common easement. BJORKLUND, along with Carl S. Johnson and Lorence R. Johnson dba Julian M. Johnson Construction and Communieor Corp., a Minnesota corporation, all currently use a common casement which lies, in part, on ihe North 30 feet of Outlot A and the North 30 feet of Lot 1, Block 3, Business Park 95 Seventh Addition, according to Exhibit A attached hereto. BJORKLUND agrees that at such time as CITY shall complete 139th Avenue Northwest, BJORKI,UND will cease its use of ~aid common easement onto Unity Street and shall relocate its access points so that it operates at two driveways from the BJORKLUND property to 130th Avenue Northwest. 5. S~creening of BJORKLUND property. The parties agree that at such time as 139th Avenue Northwest is completed, it will be necessary tbr BJORKI.UND to construct screening on the south line of their property to screen the property from view from 139th Avenue Northwest in accordance with CITY code and regulation. This may be accornplished by the //5