#82-048 06-01-82 Acquire Property Utilities and UtilitiesResolution 82-48
June 1, 1982 3 1 C
Member Stockman introduced and read the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE
IN FEE SIMPLE OF CERTAIN PROPERTY FOR PUBLIC RIGHT OF WAY
FOR STREETS AND UTILITIES AND FOR STORM WATER DRAINAGE AND PONDING
WHEREAS, it appears that it is necessary and desirable to acquire the real
estate hereinafter described for the purposes of locating and maintaining
thereon a public right of way for streets and utilities and for the provision of
land for storm water drainage and ponding; and
WHEREAS, the acquisition of said real estate through direct purchase
appears to be desirable and reasonable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, that the lands hereinafter described be acquired by purchase, and the
Mayor, City Manager, City Clerk and City Attorney are hereby authorized and
directed to take all necessary steps and to execute all necessary documents in
connection with the acquisition of said real estate, to -wit:
The southerly 455 feet of the easterly 400 feet of the westerly 565.71 feet of
the southeast quarter of the northwest quarter of Section 19, Township 29, Range
24, Hennepin County, Minnesota except the following described property:
BE IT FURTHER RESOLVED that said real estate be acquired by means of a
purchase agreement in substanial conformance with the terms and form of attached
Exhibit A.
BE IT FURTHER RESOLVED that the acquisition of the above-described land is
necessary and desirable, and the purposes aforesaid for which said lands are to
be acquired are proper and necessary public purposes.
kalwj / ez �' Jo A.A4 A.- % 0
Mary E. a-
ATTEST:
AW&
JudLT Nall, Deputy Ci0y Clerk
Beginning
at the intersection of the south line of the southeast quarter of the
northwest
quarter;
quarter and the west line of the east 45 5/7 rods of
thence westerly along said south line, a distance of 120
said southeast
feet; thence
northerly
parallel with said west line of the east 45 5/7 rods,
a distance of
650 feet;
thence easterly, parallel with said south line of the
southeast
quarter a
distance of 120 feet to said west line of the east 45
5/7 rods; thence
southerly
along said west line to the point of beginning.
BE IT FURTHER RESOLVED that said real estate be acquired by means of a
purchase agreement in substanial conformance with the terms and form of attached
Exhibit A.
BE IT FURTHER RESOLVED that the acquisition of the above-described land is
necessary and desirable, and the purposes aforesaid for which said lands are to
be acquired are proper and necessary public purposes.
kalwj / ez �' Jo A.A4 A.- % 0
Mary E. a-
ATTEST:
AW&
JudLT Nall, Deputy Ci0y Clerk
3 L Resolution 82-48 - Continued
June 1, 1982
The motion for the adoption of the foregoing resolution was seconded by Member
Mitchell and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Mitchell and Stockman, and the following were absent:
Johnson and Thorsen, and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted, signed by the Mayor
Pro -Tem and her signature attested by the Deputy City Clerk.
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Resolution 82-48""- Continued
15174
lui LLEIt-DA VIS Co.
arinflh•alh,litl
EXHIBIT -
PURCHASE AGREEMENT
June 1, 1982 31(p,p
w'I I ITK-t rftfim „)y
1'KI.Lr HC-Itnye r'e Cnpq
(11t I:F:\-St•ller'r Copy
ltuyer . Receipt
...i:)ltden..Valley............ Minn .................................... _ _.,19 8.2.
RECEIVED OF ._ The City of Golden Valley
....... .._........ .
............. .
the sum of. F'iVe_.7housand..And. .i7A�� i?0..---.---.— ........ _....($ 5,000.00. ) DOLLARS
check
de - - on a -...••• .•....................... as earnest money and in part payment for the purchase of property at
(Cheek, Cash. to M depo,ited upon aecept.uty, or Nog - 64te Will ieh)
__ .. _.(olden Vall...........................................
........ _..... _.....__ _ ........... ... _ ..Situated in the
County of .................................................... State of Minnesota, and legally described as follows, to -wit:
See Exhibit A attached hereto.
shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods11V n ulbs, plumbing
fixtures, hot water ranks and heating plant (w•ich'any burners of ler equipment used in connection there-
with), water softener and liquid as t s t the property of seller), sump pump, television antenna, inciner-
ator, built-in ige ispusal, ovens, cook top stoves and central air conditioning equipment, if any, used and
all of which property the undersigned has this day sold to the buyer for the sum of:
Eighty—Five Thousand and no/loo______
.............. ........... .......... .................. ..(S 85.,000.00 ) DOLLARS,
which the buyer agrees to pay in the following manner:
Earnest money herein paid S 5, 000.00 and S 80, (100.00 , cash, on August, 18, 1982. ,the date of closing,
at such earlier timeas mutually agreed upon by the parties.
Seller shall pay all taxes payable in 1982 and all assessments levied or pending
against the property as of the closing date.
Subject to performance by the buyer the seller agrees to execute and deliver a full
Warranty Deed
(to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions:
ra) building and zoning laws, urdinances, State and Federal regulations.
r b) Restrictions relating to use or improvement of premises without effective forfeiture provision.
(c) Reservation of any minerals or mineral rights to the State of Minnesota.
(d) Utility and drainage casements which Jo not interfere with present improvements.
te) Rights of tenants as follows: runless specified, not subject to cc ,its)
,its)
The buyer shall pay the real estate mases due in the year 19 tl3 tatepaid-i tq-�,fay�y
� ��rntmT ft
Am+ ie+eehc+-Wier warrant, that real estate taxes due in the year 19 8.3 will be non
hiarn,vead rl,,s ,,rio.
( full, partial or non -homestead — state which)
Neither the seller nor the eller's agent make any representation or warrenry, whatsoever concerning the arnuunr of real estate ta>es
which shall be assessed against the property subsequent to the dace of purchase.
Seller covenants that buildiocs. if . 11y, are entirely within the boundary lines of the prupeuy and agrees to remove all personal proper[}
nor included herein and all debris 1
-col the premises prior to p- `a siot date. titttlitllf�itlt•1tA•M'f•:t-*}�•rnYrt{•Z•e,.rYa..y�y«Ry.rkG-X77['
Cfr4lN++fi'alt,irr liFa!iti A`Ai-4+4-h4HlNE -4-4, tK•:-A+'+H-�•/•`:-y+1Hii'f2f=M+tiFti-hRf=Ffr•+'kHWit-1C'(ikttY.sYrc'rftYfttt
The seller further agrees u) deliver possession not later than date Of Closing prosided ,hat
all <orldni"ns of this
agreement hays been complied with Unless otherwise slvcilicd Ella sale shall be closed un of before bel days from the date h,rcof.
In the event this property is destroyed or substantially damaged by lire or any other cause before the closing date,
becn this shall
chcunshalt Ix• refunded to him. agreement
ane null and void, at the purchaser's option, and all monies paid h.lcr
The buyer and seller also mutually agree that pro rata adjustdas of rents inrere•st, insurance and tip water,
and, in the case of
income property, current operating expenses, shall be made as of C7c3Le OL C110Sing
The seller shall, within a reasonable time after approvalof this agreement, furnish an abstract of title, or a Registered Prupcm'r
Abstract certified to date to include
pruper searches covering bankruptcies, and State and Federal jud,cmcnts and liens. 'file buyer shall be
allowed 10 days after receipt thereof for examination of said title and the making of any objections
thereto, said objections n, be made in
writing or deemed Eu be waived. H am• objections are so made the seller shall he allowed 120 days to make such title fending
marketable.
correction of tide the payments hereunder required shall be postponed. but upon correction of title and within 11) days after
buyer,
to the written notice
the parties shall per6,rm this agreement according to its terms. =
If said title is not marketable anti is not made sat within 120 days from the date of written objections thereto
as abate provided, [his
agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other
All
principal.
money theretofore paid by the huycr shall he refunded. If the title w said property be found marketable or be so made
within said tine,
and said buyer shall default in any of the agreements anti continue in default for a period of 10 days, then and in that
case theseller may
terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent,
their interests
-
respective as
may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of
the right of enforcing the specific
performance of this contract provided such contract shall nor be terminated as aforesaid, and provided action
to enforce such specific performance shall be commenced within six months after such right of action shall
arise.
It is understood and agreed that this sale is matte subject «s the approval by the owner of said in
premises writing; and that the under-
signed .Scent is in no manner liable or responsible on account of this agreement, except to return or account for
this contract. the earnesr money paid under
The delivery of all papers and monies shall be made at the office of:
The.. City of olden Valley
1, the undersigned, owner of the above land, dd hereby approve By ..............'"" Agent
the above agreement and the sale thereby made. I hereby agree to purchase the said for
propetry the price and
Adda Corporation, a Minnesota eorporatio upon the terms above mentioned, and subject to all conditions
By herein ex ,eased.
The City
.................................................. ................................ (SEAL) of Golden Valley
SellerBy .................................................
.................................... (SEAL)
its Buyer
. .....I.......................(SEAL) IES
.._........ ..... ..
.......................
Seller ........ .........................................:.....(SEAL)
Buver
Resolution 82-48 - Continued
Exhibit A - Description
June 1, 1982
The southerly 455 feet of the easterly 400 feet of the westerly 565.71 feet of
the southeast quarter of the northwest quarter of section 19, Township 29, Range
24, Hennepin County, Minnesota, except the following described property:
Beginning at the intersection of the south line of the southeast quarter of the
northwest quarter and the west line of the east 45 5/7 rods of said southeast
quarter; thence westerly along said south line, a distance of 120 feet; thence
northerly parallel with said west line of the east 45 5/7 rods, a distance of
650 feet; thence easterly, parallel with said south line of the southeast
quarter a distance of 120 feet to said west line of the east 45 5/7 rods; thence
southerly along said west line to the point of beginning.
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