Adopt Resolution #23-072 Approving Easement Agreement on Outlot A, Casey's Addition

The purpose of this case is to consider granting a non-exclusive easement over Outlot A, Casey's Addition to 100 Flocchini Circle LLC (The Owner of the O'Reilly's Auto Parts) and/or its assigns.  The City owns Outlot A, Casey's Addition and currently has granted an easement for Casey's to use this as access for its business.  As part of the approved site plan for the O'Reilly Project, access was shown to be granted to the Developer (Java).  Java has recently sold the O'Reilly Auto Parts Building to 100 Flocchini Circle LLC and the new owner is requesting that this easement be formalized and recorded at Anoka County Recorder's Office.  Staff has worked with the Owner and the City Attorney to draft the attached easement. Staff contemplates that Outlot A, Casey's Addition will be sold at a later date to the developer south of the O'Reilly and Casey's projects and that it will become a privately owned and maintained internal roadway.  

None Required

The City Attorney has reviewed and has "approved as to form" the non-exclusive Easement Agreement attached to this Council Case. The new Owner has reviewed the easement and is amenable to the stated terms.  Staff is asking the CIty Council to consider the following action:

1) Adopt Resolution #23-072 Approving Easement Agreement on Outlot A Casey's Addition (as presented) ; subject to City Attorney review (Staff Recommendation)
2) Adopt Resolution #23-072 Approving Easement Agreement on Outlot A Casey's Addition (with changes) ; subject to City Attorney review 
3) Something else

 

It will be the responsibility of the Owner of O'Reilly to provide the filing fees for the recording of this easement.  Recording fees are anticipated to be $46.00.