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HomeMy WebLinkAbout2001-052 Council Resolution• Council Member (0/y1/ /L}, Li introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01 -52 A RESOLUTION APPROVING PURCHASE AGREEMENTS AND AUTHORIZING CONDEMNATION FOR BLACK DUCK DRIVE TRAIL WHEREAS, the City of Lino Lakes wishes to construct a public trail at the end of Black Duck Drive for the enjoyment of area residents; and WHEREAS, the property owners at 6993 Black Duck Drive and 6998 Black Duck Drive have agreed to sell a portion of their property for this public trail; and WHEREAS, the Reshanau Park Estates Homeowners Association (RPEHA) has agreed to sell a portion of Outlot A and Outlot B, Reshanau Park Estates 2nd Addition for this public trail; and WHEREAS, to reduce overall costs, the RPEHA has requested that the City of Lino Lakes condemn approximately 4,952 square feet of property located in Outlot A and Outlot B, Reshanau Park Estates 2 "d Addition. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, the Council approves the purchase agreements to acquire property located at 6993 Black Duck Drive and 6998 Black Duck Drive, and directs the City Attorney to begin condemnation proceedings to acquire approximately 4,952 square feet of property located in Outlot A and Outlot B, Reshanau Park Estates 2 "d Addition. Adopted by the Lino Lakes City Council this 9th day of April, 2001. Ail kiitto9--- RylChel Gaustad, Clerk- Treasurer John ergeson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: aittt s The following against same: /(,,t))_1C Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM NO. 6A • STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: April 9, 2001 • TOPIC: Consideration of Resolution 01 -52, Approving Purchase Agreements and Authorizing Condemnation for Black Duck Drive Trail VOTE REQUIRED: Simple Majority BACKGROUND: At the January 3, 2001 City Council work session, the City Council reviewed the terms of the proposed purchase agreements with the affected property owners to obtain a 15 foot wide trail corridor at the end of Black Duck Drive for a public trail. The City Attorney has prepared the legal documents to execute the agreements with the property owners at 6993 Black Duck Drive and 6998 Black Duck Drive. Copies of the purchase agreements are attached. Though the Reshanau Park Estates Homeowners Association (RPEHA) has agreed to terms with the City to sell approximately 4,952 square feet, restrictions in the RPEHA bylaws make it difficult and expensive to complete this transaction. Therefore, the RPEHA has requested the City of Lino Lakes begin condemnation proceedings to acquire the land agreed upon in the purchase agreement. This requires that the City Council direct the City Attorney to begin condemnation proceedings for the described property located in Outlot A and Outlot B. All provisions pertaining to the voluntary agreement for the RPEHA to sell approximately 4,952 square feet to the City of Lino Lakes will remain in effect throughout the conclusion of the condemnation process as follows: The RPEHA will be paid $20,000. The City will assure perpetual access for the RPEHA to its Outlots, including vehicular access to the boat ramp. Signage will be placed at the trailheads indicating that only authorized vehicles are permitted. The City will relieve the Association of its obligations with respect to the Easement and Option Agreement with the property owners at 6993 Black Duck Drive, and the Easement Agreement with the property owners at 6998 Black Duck Drive. The RPEHA will be responsible for any desired fencing along the proposed path. Board -on -board fencing is prohibited within 20 feet of the property to be acquired. .4' OPTIONS: • 1. Approve Resolution 01 -52, approving the purchase agreements and directing the City attorney to begin condemnation proceedings to acquire the necessary land located in Outlot A and Outlot B, Reshanau Park Estates 2nd Addition. 2. Do not approve Resolution 01 -52. 3. Return to staff for further review. RECOMMENDATION: Option 1 4/3/01 RD/Trails /Blackduck/greensheet buy and • • • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on 2000, by and between Randel J. Kuzel and Kelly Kuzel, husband and wife, 6998 Black Duck Drive, Lino Lakes, Minnesota 55014, Seller and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, of 600 Town Center Parkway, Lino Lakes, Minnesota 55014, Buyer. 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as follows: See Exhibit A attached hereto and made a part hereof. 4. PRICE AND TERMS. The price for the real property included in this sale is Ten Thousand and no /100 (S10,000.00) Dollars, which Buyer shall pay as follows: a. S500.00, earnest money, paid herewith. b. $9,500.00 cash due at closing, which is March 1, 2001. 5. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations: B. Restrictions relating to use or improvement of the property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be paid by Seller. SELLER SHALL PAY on DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 1 • 7. SELLER'S BOUNDARY LINE AND ACCESS WARRANTIES. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed. 8. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. if the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 9. POSSESSION. Seller shall deliver possession of the property not later than DATE OF CLOSING. 10. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer an Abstract or Commitment for Title Insurance. Buyer shall have ten (10) business days after receipt of the Abstract or Commitment for Title Insurance to provide Seller with written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period provided for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. 11. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. • B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being 2 • made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: (1) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (3) Damages from Seller including costs and reasonable attorney's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law; (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; • • (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorney's fees; (2) Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 12. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 13. MINNESOTA LAW. This contract shali be governed by the laws of the State of Minnesota. 14. PAYMENT OF COSTS. The Seller will pay costs which are normally the responsibility of the Seller in a real estate transaction, including, but not limited to: A. State Deed Tax. B. Cost of obtaining Title Insurance Commitment or abstract update. C. Cost of preparation of the Warranty Deed. 4 • • The City of Lino Lakes agrees to buy the property for the price and terms and conditions set forth above. Randel J. Kuzel and Kelly Kuzel agree to sell the property for the price and conditions set forth above. BUYER: SELLER: CITY OF LINO LAKES By: Its: Mayor By: Its: City Clerk 5 RANDEL J. KUZEL KELLY KUZEL • • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on 2000, by and between Ronald L. Schut and Lisa Schut Callies, husband and wife, 6993 Black Duck Drive, Lino Lakes, Minnesota 55014, Seller and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, of 600 Town Center Parkway, Lino Lakes, Minnesota 55014, Buyer. 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as follows: See Exhibit A attached hereto and made a part hereof. 4. PRICE AND TERMS. The price for the real property included in this sale is Six Thousand Seven Hundred and Seven and 74/100 ($6,707.74) Dollars, which Buyer shall pay as follows: a. $500.00, earnest money, paid herewith. b. $6,207.74.00 cash due at closing, which is March 1, 2001. 5. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Restrictions relating to use or improvement of the property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be paid by Seller. SELLER SHALL PAY on DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 1 0 • 7. SELLER'S BOUNDARY LINE AND ACCESS WARRANTIES. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed. 8. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 9. POSSESSION. Seller shall deliver possession of the property not later than DATE OF CLOSING. 10. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer an Abstract or Commitment for Title Insurance. Buyer shall have ten (10) business days after receipt of the Abstract or Commitment for Title Insurance to provide Seller with written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period provided for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. 11. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being 2 made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: (1) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (3) Damages from Seller including costs and reasonable attorney's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; • (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorney's fees; (2) Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 12. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 13. MINNESOTA LAW. This contract shall be governed by the laws of t he IDState of Minnesota. • 14. PAYMENT OF COSTS. The Seller will pay costs which are normally the responsibility of the Seller in a real estate transaction, including, but not limited to: A. State Deed Tax. B. Cost of obtaining Title Insurance Commitment or abstract update C. Cost of preparation of the Warranty Deed. 4 • The City of Lino Lakes agrees Ronald L. Schut and Lisa Schut Callies to buy the property for the price agree to sell the property for the price and terms and conditions and conditions set forth above. set forth above. BUYER: SELLER: CITY OF LINO LAKES By: Its: Mayor By: Its: City Clerk • 5 RONALD L. SCHUT LISA SCHUT CALLIES 4'POSTS W /CABLE PRIVATE PROPERTY SIGN 1070.95 S.F. • 153607 °° 41.1k: 4'POSTS W /CABLE CL EX. TRAIL ■ ■ EX. HORSE- SHOE PITS 697.74 S.F. ■ 5819.21 S.F. ■ EX. TRAIL 1646.76 S.F. EX. TRAIL EX. SAN. MH (LOC. APPROX.) sQ1.72 S.F. PRIVATE PROPERTY SIGN EX. CB 24W-4 -4 - EX. ORNAMENTAL BLOCK RET. WALL CL EX. TRAIL -EX STORM MH • 5( s N RESH) uNO COMM. NO. 12/1/00 tv FIELD 8001• •