Adopt Resolution #23-209 Approving Sale of Lot 1, Block 1, COR FOUR,  Easements, Covenants and Restrictions (ECR) Agreement and 2nd Amendment to Declaration of ECR; ALDI

The purpose of this case is to consider approval of Resolution #23-209 which incorporates the sale of Lot 1, Block 1, COR FOUR,  the Second Amendment to Amended Declaration of Easements and Covenants and Restrictions for COR TWO and the Easements, Covenants and Restrictions (ECR) Agreement as outlined in the Original Purchase Agreement with Aldi.  Each item and a brief description of  its purpose is provided below. 

Sales Resolution for Lot 1, Block 1, COR FOUR
Resolution #23-209 updates the legal description from a portion of Lot 1, All of Lot 2 and All of Lot 3, Block 1 COR TWO to the newly plated legal of Lot 1, Block 1 COR FOUR. This is required to file the documents at Anoka County.  Sales Ordinance 15-05 has been approved declaring the land as surplus property and permitting its sale as required by the City Charter.

Second Amendment to Amended Declaration of Easements and Covenants and Restrictions for COR TWO
Resolution #23-209 updates the maintenance responsibilities for all owners in the newly platted COR FOUR. It also defines the location of the Storm Sewer Easement and West Access Agreement on the new COR FOUR plat and incorporates Aldi as a new owner along with the new responsibilities.

Easements, Covenants and Restrictions (ECR) Agreement
Resolution #23-209 incorporates the items previously approved in the Purchase Agreement with Aldi.  The document further defines Ingress/Egress easements, utility easements, exclusive and shared parking areas and Use Restrictions for the COR FOUR plat for the City and Aldi. The Use Restrictions (Exhibit D) presented are only over Lots 1 and 2, COR FOUR and have been previously approved by the City Council through the PA process.

The City Attorney has reviewed attached documents and has approved their form and content.

No Public Notice is required.

Staff is looking forward to the ALDI project breaking ground and adding another shopping option for Ramsey residents.  Once the attached documents (ECR, Amended Declaration) as well as the Development Agreement (Planning Case) are approved,  a closing can be set up for October/November 2023.  The timing is such that there is a possibility that the construction could be pushed to spring 2024 based on the closing date.  ALDI is hopeful it can close soon and that a building permit can be pulled in 2023.

Alternatives include:
1) Adopt Resolution #23-209 Approving Sale of Lot 1, Block 1, COR FOUR. Easements, Covenants and Restrictions (ECR) Agreement and Second Amendment to Amended Declaration of Easements, Covenants and Restrictions for COR TWO (as presented); subject to City Attorney review.
2) Adopt Resolution #23-209 Approving Sale of Lot 1, Block 1, COR FOUR. Easements, Covenants and Restrictions (ECR) Agreement and Second Amendment to Amended Declaration of Easements, Covenants and Restrictions for COR TWO (with changes); subject to City Attorney review.
3) Something Else
 

Proceeds from Sale of land to Aldi will be used to pay for recording of documents.