Agenda - Council - 10/28/2014 - Laserfiche WebLink

Home

AMENDED AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT is made and entered into this day of , between the City of Ramsey, a Minnesota municipal corporation ("the City"), and the Metropolitan Council, a political subdivision of the State of Minnesota ("the Council"). WHEREAS, the City has acquired fee title in the real property described as follows: That part of the West half of the Southeast Quarter of Section 28, Township 32 North, Range 25 West, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of said Section 28; thence on an assumed bearing of North 0 degrees 28 minutes 50 seconds West along the East line of said Southeast Quarter, a distance of 164.43 feet to a monument A-85 on the Northerly right of way boundary line of Trunk Highway No. 10 as shown on Minnesota Department of Transportation Plat 02-m4, filed as Anoka County Recorder Document no. 541039; thence North 65 degrees 51 minutes 38 seconds West, along said Northerly right of way line, a distance of 806.12 feet to a monument A-39 as shown on said plat; thence continuing along said Northerly right-of-way line on a tangential curve concave to the Northeast, radius of 22673.76 feet, central angle of 1 degree 42 minutes 24 seconds, a distance of 675.48 feet to a monument A-37 as shown on said plat; thence North 64 degrees 09 minutes 14 seconds West, along said Northerly right of way line, a distance of 430.18 feet to the point of beginning of the land to be described; thence continuing North 64 degrees 09 minutes 14 seconds West, along said Northerly right-of-way line, a distance of 538.00 feet to a point distant 985.00 feet Northwesterly, as measured along said Northerly right-of-way line, from its intersection with the East line of said West Half of the Southeast Quarter; thence North 4 degrees 33 minutes 33 seconds West, a distance of 269.97 feet to the Southerly right-of-way line of the Burlington Northern Railroad; thence South 66 degrees 42 minutes 01 seconds East along said Southerly right-of-way line, a distance of 630.93 feet to the intersection with a line bearing North 16 degrees 12 minutes 07 seconds East from the point of beginning; thence South 16 degrees 12 minutes 07 seconds West a distance of 264.61 feet to the point of beginning. (the "Real Property"); and WHEREAS, the Council has contributed funds toward the acquisition of the City's interest in the Real Property pursuant to the Council's Load Program and a Loan Agreement between the Council and the City as authorized by Minnesota Statutes section 473.167 which Loan Agreement is Council Loan Agreement No. L-08-01; and WHEREAS, the Loan Program was established to provide for the acquisition of property within the right- of-way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to use which would jeopardize the property's availability for highway construction OR to avoid hardship for owners of homestead property located in a proposed state trunk highway right-of-way or project. NOW, THEREFORE, in consideration of the loan made by the Council to the City and in consideration of the mutual agreements and covenants, the Council and City agree as follows: 1. No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction or other encumbrance against the Real Property shall be valid for any purpose unless the written 1