HomeMy WebLinkAboutTermination of Amended & Restated Assessment Agreement
TERMINATION OF AMENDED AND
RESTATED ASSESSMENT AGREEMENT
THIS TERMINATION OF AMENDED AND RESTATED ASSESSMENT
AGREEMENT ("Termination") is executed and delivered as of this --2-- day of April, 2008, by
The I-lousing and Redevelopment Authority in and for the City of Colwnbia Heights, a public body
corporate and politic under the laws of Minnesota (the "Anthority").
RECITALS
A. The Authority administered a redevelopment project (the "Project") pursnant to
Minnesota Statutes, Chapter 469.
B. The Authority and Terry Evenson (the "Redeveloper") entered into a Contract for
Private Redevelopment (Office Facility) dated as of June 1, 1981 (the "Redevelopment Contract")
regarding the redevelopment of certain propelty located in the Project and legally described in
Exhibit A hereto (the "Property).
C. Pursnant to the Redevelopment Contract, the Authority and Redeveloper entered
into an Amended and Restated Assessment Agreement ("Agreement") dated November 23, 1994,
recorded in the Office of the County Recorder in and for the County of Anoka, State of Minnesota,
as Document No. 1156932 and recorded in the Office of the Registl'al' of Titles in and for the
County of Anoka, State of Minnesota, as Document No. 265560.
D. The Authority acknowledges that all of the obligations of the Redeveloper set forth
in the Agreement al'e fully performed and that such Agreement is of no further force and effect.
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which al'e hereby
acknowledged, the Authority celtifies and agrees as follows:
1. The Bonds (as defined in the Redevelopment Contract) have been paid in full. The
Maturity Date (as defmed in the Redevelopment Contract) has OCCUlTed.
2. The obligations of the Redeveloper, its successors and assigns and the successor
owners of the Property under the Agreement are fully performed, and the Agreement is of no fUlther
force or effect. The Agreement shall be deemed null and void, and neither the Redeveloper nor its
successors and assigns nor the successor owners of the Property shall have allY fmther obligations
thereunder.
IN WITNESS WHEREOF, the Authority has executed tlus Termination as of the day and
year set f01th above.
AUTHORITY:
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
COLUMBIA HEIGHTS, a public body corporate
and politic under the laws of Minnesota
7)'L
~
By: hA/1/l./I/1/1 Uli/(
Tammera Diehm, Chair
And by: d~
Walter R. Feh t, Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this -2- day of April, 2008 by
Tammera Dielun, the Chair, and Walter R. Fehst, the Executive Director, of The Housing and
Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and
politic under the laws of Minnesota, on behalf of the public body corporate and politic.
CHtlM. A BAKKEN
NOTMY PUBLIC. M1NNt!SO~
If/( COMMlSSlON lOO'lRliS-113112012
~ d ?-/-L
Notary Pub IC
This document drafted by:
Fredrikson & Byron, P.A. (ESA)
200 South Sixth Street, Suite 4000
Minneapolis, MN 55402-1425
#4337228\2
EXHIBIT A
LEGAL DESCRIPTION
Lot 32, Block 6, Reservoir Hills.
Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir
Hills.
The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33
and 34, Block 6, Reservoir Hills.
Those parts of Lots 28 tln'ough 31, Block 6, Reservoir Hills, Lots 23 and 24, Block 1, Walton's
Rearrangement of Lots 33 and 34, Block 6, Reservoir 1-!ills, and of the vacated alley adjacent to
Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, lying
Southwesterly and Westerly ofthe following described line:
Beginning at a point on the South line of said Block 1, Walton's Rearrangement, said
point being 18.00 feet West of the Southeast corner of Lot 23 of said Block 1, Walton's
Rearrangement; thence NOltherly on a line 18.00 feet West of and parallel with said East line of
Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of said Lot
30 of said Block 6, Reservoir Hills, said point being 47.25 feet Easterly of the Northwest corner
of said Lot 30, and there terminating, all in Anoka County, Minnesota.
Reserving and subject to easements to the City of Columbia Heights for roadway purposes over
the North 4.00 feet of the West 232.00 feet of said Block 6, Reservoir Hills, and over the area
described as follows: Beginning at the N.W. corner of Lot 30, Block 6, Reservoir Hills, thence
East along the North lot line of said Lot 30 a distance of twelve (12.0) feet; thence Southerly and
parallel to the West line of said Block 6 a distance of one hundred and thirty (130.0) feet; thence
southwesterly in a straight line to a point two hundred twenty-five (225.0) feet from said N.W.
corner of Lot 30 along the West line of Block 6, Reservoir Hills and Block 1, Walton's
Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; thence North two hundred twenty-
five (225.0) feet to the point of beginning.
Reserving to the City of Columbia Heights a utility easement over, under, and across the East
15.00 feet of the West 27.00 feet of the above-described parcel.
A-I