HomeMy WebLinkAboutResolution - 81-194 - Authorization - Mayor, Manager to Sign Supplemental Lease Agreement with Physical Electronics Ind. - 09/23/1981 CITY OF EDEN PRAIRIE September 11 , 1981
HENNEPIN COUNTY , MINNESOTA
RESOLUTION
NO. R81 -194
WHEREAS , the City of Eder. Prairie as lessor has entered
into a Lease with Physical Electronics Industries , Inc . as tenant
dated March 1, 1974 in connection with the $980 , 000 . 00 Industrial
Development Revenue Bonds Physical Electronics Industries , Inc.
Series 1974 Citv of Eden Prairie , Minnesota financing; and
WHEREAS , the City of Eden Prairie desires to establish an
easement for utility purposes over , under and across a part of
the leased premises described in the attached Exhibit A; and
WHEREAS , the tenant ' s representative has provided written
certification that the easement is necessary or desirable to
provide utility service for the project and will not impair the
usefulness of the project for the purposes contemplated in the
Lease ; and
WHEREAS , the Lease contemplates the execution of a Supple-
ment to the Lease as called for in Section 8 . 02 of the Lease; and
WHEREAS , there has been presented to this council a copy of
the Supplement to the Lease , which copy is now on file in the
office of the Clerk;
NOW, THEREFORE, on execution of the Supplement to the Lease
by the tenant , the Mayor and City Manager shall execute the same
(in substantially the form as is on file with the Clerk) and such
other cer_tili.cations , documents or instruments as shall be required
on behalf of the City, subject to approval of the City Attorney .
All certifications , recitals and representations therein shall
constitute the certifications , recitals and representations of the
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City . Execution of any instrument or document by one or more
appropriate officers of the City shall constitute and be deemed
the conclusive evidence of the approval and authorization by the
City and the council of the instrument or document so executed.
Adopted, by the City Council of Eden Prairie, this 15th day
of September 1981
I ' IX
Wolf ga—i 4 H4, Fenzel , Mayor
ATTEST:
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Jo D. I-EpdTie, Clerk
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DESCRIPTION OF PREMISES :
An easement for utility purposes over , under and across that part
of the SW 1/4 of the NE 1/4 of Section 1 , Township 116 , Range 22 ,
Hennepin County , Minnesota , lying southerly of Flying Cloud
Drive (formerly Trunk Highway No . 169) said easement lyinF
10 . 00 feet southeasterly of the following described line F.
and 5 . 00 feet each side of the following described line "B" .
LINE "A"
i,
Cor=encing at the intersection of the East line of said SW 1/4
of the NE 1/4 and the southeasterly right of way line of Flying
Cloud Drive ; thence S 68' 50 ' 01 " W , on an assumed bearing
along the southeasterly right of way line of Flying Cloud
Drive , a di-stance of 472 . 00 feet to the point of beginning
of Line "A" ; thence N 68° 50 ' 01 " E along said southeasterly
right of way line , a distance of 407 . 00 .feet and there
t er,ninating .
LINE "B"
Beginning at the termination of the above described Line "A"*;
thence S 46 ' 39 ' 59" E , a distance of. 80 feet more or less to
the East line of said SW 1/4 of the NE 1/4 and there terminating .
EXHIBIT "A"
CERTIFICATE
T , John D . Frane , City Clerk of the City of Eden Prairie ,
Minnesota (the City) hereby certify that the attached is a true
and correct copy of Resolution No . l94 adopted by the City Council
at a meeting duly called and held on September 15 , 1981 .
Witness my hand and the official seal of this City this
23rd day of September 1981
hn —sane , City Clerk
(SEAL)