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95-004 - 01-17 - Providing for the Sale of Excess Right-Of-Way on Harold Ave Cul-de-Sac Resolution 95-4 January 17, 1995 Member Johnson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE SALE OF EXCESS RIGHT-OF-WAY ON HAROLD AVENUE CUL-DE-SAC WHEREAS, the City Council has determined that certain property, in accordance with Exhibit A, is no longer needed for a public purpose; and, WHEREAS, the City Council has determined the following conditions shall be placed upon the sale: 1. The City should recover its costs involved in the transaction. 2. The property must be replatted with the purchaser's parcel at the purchaser's expense. 3. The deed for the property will include a restriction on curb cuts or access to Narold Avenue until a fee of $10,101.50 is paid to the City of Golden Valley to cover the City's portion of the construc- tion cost of the cul-de-sac on Harold Avenue in 1993. WHEREAS, sealed proposals were received from adjacent property owners on January 6, 1995; and, WHEREAS, Mr. Paul Olin has been determined to be the highest proposal . NOW, THEREFORE, BE IT RESOLVED by the City Council that the subject pro- perty be sold to Mr. Paul Olin for an amount of $6,500 under the conditions of sale contained herein, and to authorize the Mayor and City Manager to enter into a purchase agreement. ...._�_ l {^ � r- ! j � ����� Blair Tremere, Mayor ATTEST: Shir ey J. on, City Clerk The motion for the adoption of the foregoing resolution was seconded by P�ember Russell ; and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. . ' Resolution 95-4 - Continued ~ January 17, 1995 PURCHASE AGREEMENT • � THIS AGREEMENT is made as of � - 3 , 1995, between the City of Golden Valley, a municipal corporation ("Seller"� and. Paul S. Olins ("Buyer") . � . R IN CONSIDER.ATION OF THIS AGREEMENT, Seller.• and Buyer agree as follows : ' • l . Sale of Propertv. Seller agrees to sell to Buyer, and Buyer agrees to .buy from Seller the real property located in Hennepin County, Minnesota, described on the attached Exhibit A ("the Property") , subject �to the following restrictions : l . l . Curb cuts and access to Hzrold Avenue shall not be permitted by Seller until a fee of $10, 101. 50 is paid to Seller to cover Seller's portion of construction costs of the cul-de-sac on Harold � Avenue. � 1. 2 . Utility easement recorded by Seller on July 14, � 1972 with the Hennepin County Registrar of Titles � as Document No. 1037976 . 2 . Purchase Price and Manner of Pavment. The total Purchase Price to be paid for the Property shall be Six - Thousand Five Hundred and no/100ths ($6, 500. 00) Dol�?rs, payable in ca�h on the date of C?osing. 3 . Continaencies of Sale. The obligations of Seller are contingent upon Buyer performing the following prior to Closing: . 3 • 1,. Buyer agrees to replat his adjoining property, ^� his expense, so that his property includes the Property being purchased, which replatted Property shall be in the form of lots meeting all city requirements. As owner of the Property, Seller agrees to cooperate with Buyer in the replatting process. 3 • 2 . Buyer shall pay the cost of the registered land survey required for replatting the Property. � Resolution 95-4 - Continued January l�, 1995 3 . 3 . Buyer shall pay all costs and attorney's f�es incurred by Seller related to the replatting of the Property, including any costs and fees = . incurred in proceedings and filings required by the Hennepin County Registrar of Titles. 4 . ClosinQ. Seller and Buyer shall arrange a mutually agreeable time and date for Closing, which Closing shall be held no later than 180 days following the date of this Agreement, or such earlier date as Seller and Buyer may designate. . , 5 . Seller's Closing Documents. : 5 . 1 . Upon performance by Buyer, �Seller shall deliver a Quit Claim Deed to the Property subject to the restrictions cited in paragraph 1 herein. 5 . 2 . Seller shall provide a Certifica.te signed by Seller warranting that there are no wells on the Property within the meaning of Minn. Stat. § 103 (i) or if there are wells a P7e11 Certificate in the form required by law. 6 . Allocation of Costs. Seller and Buyer agree to the following prorations and allocations of costs regarding this Aqreement. 6 . 1 . Deed tax. Seller shall pay State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax, if applicable, payable in connection with Buyer's financing. 6 . 2 . Real estate taxes and special assessments. Real estate taxes payable in the year in which closing occurs, and installments of special assessments payable therewith, shall be prorated based upon a . calendar year to the date of Closing. 7 . Inspection. Buyer has the right to inspect the Property prior to Closing. 8 . Default. If Buyer defaults in any of the Agreements herein, Seller may terminate this Purchase Agreement and payments hereunder, if any, may be retained by Seller. This provision shall not deprive either Buyer or Seller of the right to recover damages for a breach Qf this Agreement or of the right of specific performance of this Agreement, provided this Purchase . Agreement is not terminated, and further provided, as to specific performance, such action is commenced within six months after such right of action arises. -2- Resolution 95-4 - Continued January 17, 1995 9 . Possession. Seller shall deliver possession of• the Property on the date of Closing. � SELLER: • BUYER• • CITY OF GOLDEN VALLEY ' /-�;�, � � �f�/�� , � �� � . . aul S. Olin � . . , . By '�� �- . B1air Tremere, Mayor � . � , By '�I �- . Wiliiam Joy s, City Manager ' 16972.agr�90-480568 s -3- tion 95-4 - Continued ' January 17, 1995 ' HA ROL D AVE NUE C UL- DE- SAC � EXHIBIT "A" 1 � �� r � � �' . 101.13' O . �3 �� - w. 0 0 P.C.=1;10.34 0 P.T.s 14SI.36 � � DOG�S a� II°43�29�� # 6860 � GRAVE R=200.0� �� `0 t T■20.59� � /��� L!41.04� � ' _�, � � � � �103.19� � � 1 "Y ' � M.O. I � �ie.z3 � r T1.18� �_ � 47.41� � �� � � i - - - - - - - - - ----' ' � —_ t � � � � � �A i � � 179.49� � � i � - - - - - - - - - --- - - � '� '"� � O �•------'- -- , � � � 71.18� 60.02� � Q�28S°17�14�� d'93°53�05�� '� R a Q0.00' R=I I.00' r. L a 248.95� T=11.77' '� l=18.02� (;,8,� P��•'4i00.34 a9�6B55 p� 2 P.T._{+18.36 �i►. O , - �yo ��� 6 00<< Y 0 OLD yq Y I 2 0,03� I � ATE - 884.16 t����� I (7/22/93) �� I BEREET CEATIFY Ti � � � Ofl REPORT NAS PREYP SUPERVISION AND TH.+ PROPESSIONAL ENCINE \ STATE OF TII ESOT . � S, , �O6 FF . v . - � - --� - . DATE: � ��- � Resolution 95-4 - Continued EXHIBIT "A" January 17, 1995 f That p�art of the East 100 feet of the West 200 feet of Lot 30, Auditor's Subdivision 322, Hennepin County, Minnesota lying South of a circular arc, concave to the North, with a 60. 00 foot radius, the center of said arc located as follows: Commencing at the southwest corner of said East 100 feet, thence northerly along the West line of said East 100 feet a distance of 102 .70 feet, thence easterly perpendicular to said West line a distance of 41. 50 feet to the center of said arc. Subject to a permanent drainage and utility easement 15. 0 feet in width over, under and across the above described property. Centerline of said permanent easement is described as follows: Commencing at the southwest corner of said East 100 feet, thence easterly along the South line of said property a distance of 95. 84 feet to the point of beginning thence northwesterly on a line 54° 58' S1" from said South line a distance of 57.6 feet, more or less, to a point of intersection with the North line of said property, represented by the above described arc.