97-059 - 09-02 Providing for the Sale of Excess ROW on Harold Ave Cul-de-Sac Resolution 97-59 September 2, 1997
Member Russell 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 adopted Resolution 95-4, Providing for the Sale of
Excess Right-of-Way on Harold Avenue Cul-De-Sac on January 17, 1995; and
WHEREAS, it subsequently adopted Resolution 97-53, Rescinding Resolution 95-4
on August 5, 1997;
WHEREAS, the sale of right-of-way provided for under Resolution 95-4 is possible if
the original terms of sale established in the attached Purchase Agreement, dated July 3,
1995 (Exhibit A), are amended;
NOW, THEREFORE, BE IT RESOLVED, by the City Council that:
1. Resolution 97-53 is hereby rescinded; and
2. The Mayor and City Manager are hereby authorized to execute the Amendment to
Purchase Agreement attached as Exhibit B and complete all activities necessary to
complete the sale as provided for in Resolution 95-4, the Purchase Agreement
(Exhibit A) and this Amendment.
�
Mary E. derson, Mayor
ATTEST:
Shirley J. N o , City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Micks
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, LeSuer, Micks and Russell; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resoiution 97-59 - Corrtinued Ex h i b i t A September 2, 1997
�'URC?iASE �'c,GREEMENT
THIS AGREEMENT i:s made as of �'" � , 1995, between
the City of Golden Val].ey, a municipal corporation ("SeZler") and
Paul S. Olins ("Buyer") .
IN CONSIDERATION OF THIS F.GREEMENT, Seller and Buyer agree
as follows:
l. Sale of Property. Seller agrees to se1Z to Buyer, and
Buyer agrees to buy froni Seller the real property
located in Hennepin County, Minnesota, described on the
attached Exhibit A ("the Property") , subject to the
following restrictions:
1. 1 . Curb cuts and access to Harold Avenue shall not be
permitted by Seller until a fee of $10, 101. 50 is
paid to Seller to cover Seller's portion �f
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 Payment. The total
Purchase Price to be paid for the Property shall be Six
Thousand Five Hundred and no/100ths ($6, 500. 00)
Dollars, payable in cash on the date of C?osing.
3 . Contingencies of Sale. The obligations of Sell.er are
contingent upon Buyer performing the followin�� prior to
Closing:
3 . 1. Buyer agrees to replat his adjoining �roperty, at
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 97-59 - CorrtMnued Septe�nber 2, 1997
3 . 3 . Buyer shall pay all costs and attoxney's fees
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 . Closina. 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 Certificate 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 Well 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 Agreement.
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
of 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 97-59 - Continued September 2, 1997
9 . Possession. Seller shall deliver possession of the
Property on the date of �losing.
SELLER: BUYER:
CITY OF GOLDEN VALLEY �C�� 'J
Paul S. Olin
B t✓
Y --
nlaii: Tremere, Mayor
• �
J�� �.
B � „
Y
William Joy s, ity Manager
16972.agr\90-480558
-3-
Resolution 97-59 - Continued September 2, 1997
�
EXHIBIT "A"
TO PURCH/�SE AGR�EME�JT
That �
�p'art of the East 100 feet of the West 200 feet of Lot
30, Auditor's �Subdivision 322, Hennepin County, Minnesota
lyinq 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 de5cribed
property. Centerline af said permanent easement is
described as follows:
Commencing at the s�uthwest corner of said East I00
feet, thence easterly alonq 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.
Resolution 97-59 - Continued Ex h i bi t B September 2, 1997
AMENDMENT TO PURCHASE AGREEMENT
THIS AGREEMENT is made as of September 2 , 1997, between the City
of Golden Valley, a municipal corporation ("Seller") and Paul S. Olin ("Buyer").
IN CONSIDERATION OF THIS AGREEMENT, Seller and Buyer ratify the
terms contained in the PURCHASE AGREEMENT between them, dated July 3, 1995
together with the following amendments:
Section 2. Purchase Price and Manner of Payment - shatl be amended to read: The
total Purchase Price to be paid for the Property shall be Three Thousand Eight Hundred
and no/100ths ($3,800.00) Dollars, payable in cash by September 2, 1997.
Section 3. Contingencies of Sale shall include a new subsection. 3.4, which shall read:
The Buyer shall reinitiate the required replat no later than October 2, 1997 and
complete said replat by no later than December 31, 1997, including all dedications
required by Hennepin County. The Seller will not compensate the Buyer should the
County chose to use the dedicated land and makes no other guarantees regarding the
County's use of right-of-way.
SELLER: BUYER:
CITY OF GOLDEN VALLEY By; �t� .� -' �
aul S. Olin
�y: �� � l�/ �l/
Mary E. A erson, Mayor
By:
William S. Jo e , ity Manager