HomeMy WebLinkAboutBubul Ltr on EDA Issues
C H ART ERE D
470 Pillsbury Center
200 Sourh Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
e-mail: attys@kcnncdy-graven.com
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STEPHEN J. BUBUL
Attorney at Law
Direct Dial (612) 337-9228
email: sbubu1@kennedy~graven.com
February 27, 199R
Ken Anderson
Director of Community Development
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421-3878
RE: EDA issues
Dear Ken:
I recently received word that Anoka County did not accept for recording the satisfaction of
mortgage related to the Mobilia/Zaidan transaction. The reason is that the mortgage was in favor
of the HRA, and the satisfaction was provided by the EDA.
This issue has arisen in other situations where HRA projects have been transferred to the EDA,
and we have usually, but not always, been successful in convincing the recorder or registrar's
office that the EDA is the statutory successor in interest to the HRA.
In this cas"" the title offke has previously been given r'ity Resolution 96-2, which transferred
control of all projects to the HRA. An additional document that may help is the enclosed
resolution of the HRA, which unequivocally transfers all projects and propelty to the EDA.
I believe we discussed this resolution previously, but I have never received a signed or certified
copy of it. If you can locate that, we may be able to record this document against all property
in which the former HRA has an interest.
If that is unsuccessful, we may have to have a satisfaction of mortgage signed by the HRA Chair.
As the terms of HRA officers have probably expired (though we should check that), the City
Council could appoint BRA members, who would elect a chair, all solely for the purpose of
executing documents.
SJB139043
eLJ 62 13
Ken Anderson
Page Two
February 27, 1998
Note that Section 2.04 of the HRA resolution authorized execution of deeds for all HRA
property. I suspect that never occurred, and it would be a good idea to have that done and record
those deeds. Again, this requires a signature from the HRA Chair.
Please give me a call about these issues when you get a chance.
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Stephen J. Bubul
SJB:gak
Enclosure
SJB139043
CL162~13