HomeMy WebLinkAboutResolution 97-EDA88
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RESOLUTION NO. <61,
MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING AMENDMENT OF PURCHASE
AND REDEVELOPMENT AGREEMENT WITH PREFERRED
BUILDERS, INC.
WHEREAS, the Mounds View Economic Development Authority, Mounds View,
Minnesota ("Authority") is a public body corporate and politic organized and operating under
Minnesota law, as amended, and is authorized to sell real estate in the manner provided by law;
and
WHEREAS, the Authority previously entered into a Purchase and Redevelopment
Agreement dated November 24, 1997 (the "Agreement") to sell the real estate described in
Exhibit A attached hereto ("Property") to Preferred Builders, Inc. (the "Developer") for the
purpose of promoting the health, safety and welfare of the residents of the City of Mounds View,
Minnesota ("City"); and
WHEREAS, the closing on the Property previously occurred on January 29, 1998; and
WHEREAS, discrepancies in the legal description and certain easements concerning the
Property require modification to fulfill the terms of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Mounds View
Economic Development Authority as follows:
1. The Purchase and Redevelopment Agreement is hereby amended by the
Amendment to Purchase and Redevelopment Agreement in the form as attached
hereto as Exhibit A, and the modifications and documents contained therein.
2. Authority staff are hereby authorized and directed to take all necessary steps to
finalize conveyance of the Property to Preferred Builders, Inc. pursuant to the
aforementioned Purchase and Redevelopment Agreement, as anlended, including,
without limitation. the preparation and execution of all appropriate documents.
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Adopted by the Mounds View Economic Development Authority, Mounds View,
It Minnesota this 13th day of April, 1998.
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EXHIBIT A
TO EDA RESOLUTION NO. ~ '6
AMENDMENT TO
PURCHASE AND REDEVELOPMENT AGREEMENT
EXECUTION COPY
AMENDMENT TO
PURCHASE AND REDEVELOPMENT AGREEMENT
THIS AMENDMENT is made as of the \ 3 ~ day of April, 1998 by and among the
MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and
corporate under the laws of the State of Minnesota (the "Authority"), located at 2401 Highway
10, Mounds View, Minnesota 55112-1499, and PREFERRED BUILDERS, INC., a Minnesota
corporation (the "Developer"), located at 133 Osborne Road, Spring Lake Park, MN 55432.
WITNESSETH:
WHEREAS, the parties did execute and enter into that certain document entitled
"PURCHASE AND REDEVELOPMENT AGREEMENT" dated as of November 24, 1997 (the
"Agreement") which provides for sale and the development of the tract ofland described therein,
which shall be amended as provided herein below at Paragraph II.; and
WHEREAS, subsequent to the execution, delivery and closing as to the sale provided for
in the Agreement, the parties have determined that it is necessary and desirable to make certain
modifications to the Agreement in order to carry out the development activities contemplated
therein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Agreement is hereby amended in the following respects.
I. The first "WHEREAS" clause of the Agreement is hereby amended to read as follows:
WHEREAS, the Authority is the owner in fee simple of the parcel of land (the
"Land") located in the City of Mounds View, County of Ramsey, State of Minnesota, and
legally described as:
The West 218 feet of the North 103 feet of Lot 34 and the South
27 feet of the West 218 feet of Lot 35, Auditor's Subdivision No.
89, Ramsey County, Minnesota.
The Land and all rights, privileges, easements, tenements, hereditaments, and
appurtenances belonging thereto, shall hereinafter be referred to as the "Property". The
street address of the Property is 8265 Spring Lake Road, Mounds View, Minnesota
55112.
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II.
Exhibit A of the Agreement is hereby amended to read as follows:
[See attached Exhibit A]
III. A new Section 12.5, as to the Developer's Obligations, and an accompanying Exhibit D,
is hcreby added to read as follows:
Grant a Permancnt Road and Utility Easement to the City as set forth in the attached
Exhibit D.
IV. A ncw Section 12.6, as to the Developer's Obligations, and an accompanying Exhibit E,
is hereby added to read as follows:
Grant a Permanent Utility Easement to the City as set forth in the attached Exhibit E.
V. Except as specifically amended herein, the Agreement remains unaltered and in full force
and effect.
VI. The Authority may record this Amendment and any amendments thereto with the Ramsey
County recorder. The Dcveloper shall pay all costs for recording, and shall pay all costs of
preparing this Amendment.
IN WITNESS WHEREOF, the Authority has caused this Amendment to be duly executed
in its name and behalf and the Developer has caused this Amendment to be duly executed in its
name and behalf on or as of the date first above written.
DEVELOPER:
PREFERRED BUILDERS, INC.
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STATE OF MINNESOTA )
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COUNTY OF RAMSEY )
The foregoing instrum.ent was acknowledged before me this 1- day of /11"'1
199~,by a_po K.J:u..A..J.P~. and ,the 1?~~<I,irl"L-.r
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and - respectively, of Preferred Builders, Inc., a corporation
organized under the laws of the State of Minnesota, on behalf of the corporation.
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;:~~: NOTARY PUBLIC-MINNESOTA ()AA/.~-""( L-L /':)P/Yl L-7( _
\'~f.2t~. CHI~AGO COUNTY Notfi'ry Pubhc
,:.:,.,~. My Commlsslcil Expires Jan. 31. 2000 '0)
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AUTHORITY:
THE MOUNDS VIEW
ECONOMIC DEVELOPMENT
AUTHO Y
Dated '-}-\3-,~
By
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By
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Its Executive DIre or
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STATE OF MINNESOTA )
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COUNTY OF RAMSEY )
The foregoin instrum~nt was acknowledged before ~e !his 1:3 day of ~ '
199 L, by and f!hJ1..d.lIJ W~ ' the President and Executive
Director respe ively, f The Mounds View Economic Devel ment Authonty, a publIc body
corporate and politic, undcr the laws of the State of Minncsota on behalf of the public body
corporate and politic.
Not~.5tUe~
.
TRACY SANCHEZ I
NOTARY PUBLlC.UINNESOTA
lit On~'-r' 1 EIP* Jail. 31, 2000
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This document drafted by:
KENNEDY & GRA YEN, CHARTERED
470 Pillsbury Center
Minneapolis, MN 55402
e (612) 337-9300
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EXHIBIT A
Legal Description of Property
The West 218 feet of the North 103 feet of Lot 34 and the South
27 feet of the West 218 feet of Lot 35, Auditor's Subdivision No.
89, Ramsey County, Minnesota.
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EXHIBIT D
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PERMANENT ROAD AND UTILITY
EASEMENT GRANT
THIS EASEMENT GRANT IS MADE THIS L day of m~ . 1998. between
PREFERRED BUILDERS. INC.. a corporation organized under the laws of the State of
Minnesota. having its principal office located at 133 Osborne Road, Spring Lake Park. Minnesota
55432. Grantor (hereinafter referred to as "Grantor"). and CITY OF MOUNDS VIEW, Grantee.
a municipal corporation organized under the laws of the State of Minnesota. having its principal
office located at 2401 Highway 10, Mounds View. Minnesota 55112 (hereinafter referred to as
"City").
1. Consideration and Description. In consideration of the sum of $1.00 and other good
and valuable consideration, receipt of which is acknowledged, Grantor hereby grants. sells, and
conveys to City, its successors and assigns, a permanent easement for the purpose of constructing.
laying, operating. inspecting. maintaining, altering. replacing. repairing and putting into operation
a public road and all necessary public utilities. including but not limited to water and sewer,
storm sewer and drainage. pipes. lines and facilities and appurtenances of said City, in. upon,
over and across the following described real estate owned by the Grantor situated in the County
of Ramsey which is described herein as the Easement Tract.
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The Easement Tract is legally described on Exhibit A which is attached hereto and
incorporated herein.
2. Term of Easement. The easement rights granted herein shall be possessed and enjoyed
by the City, its successors and assigns. in perpetuity.
3. Ingress. Ee:rcss. and Maintenance. The City, its employees, contractors, and
representatives shall have the right of ingress and egress to and from the Easement Tract for the
purpose of constructing. laying, operating, inspecting. maintaining, altering, replacing, repairing
and putting into operation a public road and all necessary public utilities, including but not
limited to water and sewer. storm sewer and drainage, pipes, lines and facilities and
appurtenances of said City. Such ingress and egress shall be limited to the Easement and to
existing public roads, if any, on the premises.
The public shall have the right to use and travel the public road as laid out in the
Easement Tract.
4. Rights and Restrictions of Grantor. Grantor acknowledges that the City shall have
the exclusive right to the full use and enjoyment of the Easement Tract granted herein. Grantor
shall not construct or permit to be constructed any house. structure, or obstruction on or over or
interfering with the construction, maintenance, repair, or other operation of any public road or
utility lines, facilities or appurtenances constructed pursuant to this instrument.
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5. Restoration of Premises. After the installation of the public road, utility lines,
facilities or appurtenances or any subsequent maintenance thereof, the City, its employees,
representativcs, or contractors shall rcmove all construction equipment used by them on the
Easement Tract by or for the City, fill and level all ditches, ruts, and depressions caused by
construction or removal operations, and remove all debris resulting therefrom. The City will
generally restore the surface of the Easement Tract as near to its original condition as may be
rcasonably possible and consistent with this Easement Grant, all within a reasonable time after
the installation of such public road, utility lines, facilities or appurtenances or expiration of this
easement.
6. Covenant of Ownership. Grantor covenants that it is the owner of the Easement
Tract and has the right, title, and capacity to grant the Easements granted herein.
7. Effect Upon Subsequent Parties. This Easement Grant shall be binding upon and
accrue to the benefit of the heirs, legal representatives, successors, and assigns of the parties
hercto.
[The remainder of this page is intentionally left blank.]
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IN WITNESS WHEREOF. the Grantor has caused this Easement Grant to be duly
e executed in its name and behalf as of the day and year first above written.
PREFERRED BUILDERS, INC.
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STATE OF MINNESOTA)
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COUNTY OF RAMSEY )
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The foregoing instrument WflS acknowledged before me this ~ day of /'J1cz/ /
1998. by a . r. ~~(-'4. r ""~K.., and -- 7' the
~~ and . respectively, of PREFERRED
BUILDERS. INC.. a corporation organized under the laws of the State of Minnesota. on behalf
of the corporation.
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Notm-y u ic
. CO '.'. BARBARA A. BENESCH
(jl iff:"'l'f;!;.. NOTARY PUBLIC-MINNESOTA
N t:t~: CHISAGO ~OUNTY ~ . ' ' .
'~; \<-~-': ,,' My Commission Expires Jan. 31, LOOO j\
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This instrument was drafted by:
KENNEDY & GRAVEN, CHARTERED (SJR)
470 Pillsbury Center
Minneapolis, MN 55402
e (612) 337-9300
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EXHIBIT A
Legal Descriotion of Easement
A perpetual easement for public road and utility purposes over, under and across the
South 50 feet of the following described real property:
The West 218 feet of the North 103 feet of Lot 34 and the South 27 feet
of the West 218 feet of Lot 35, Auditor's Subdivision No. 89, Ramsey
County, Minnesota.
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EXHIBIT E
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PERMANENT UTILITY
EASEMENT GRANT
THIS EASEMENT GRANT IS MADE THIS L day of !hut! ' 1998, between
PREFERRED BUILDERS, INC., a corporation organized under the laws of the State of
Minnesota, having its principal office located at 133 Osborne Road, Spring Lake Park, Minnesota
55432, Grantor (hereinafter rcferred to as "Grantor"), and CITY OF MOUNDS VIEW, Grantee,
a municipal corporation organized under the laws of the State of Minnesota, having its principal
oilicc located at 240 I Highway 10, Mounds View, Minnesota 55112 (hereinafter referred to as
"City").
1. Consideration and Description. In consideration of the sum of $1.00 and other good
and valuable consideration, reccipt of which is acknowledged, Grantor hereby grants, sells, and
conveys to City, its succcssors and assigns, a permanent easement for the purpose of constructing,
laying, operating, inspecting, maintaining, altcring, replacing, repairing and putting into operation
all nccessary public utilities, including but not limited to water and sewer, storm sewer and
drainage, pipes, lines and facilities and appurtenances of said City, in, upon, over and across the
following described real estate owned by the Grantor situated in the County of Ramscy which
is described hercin as the Easement Tract.
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The Easement Tract is legally described on Exhibit A which IS attached hereto and
incorporated herein.
2. Term of Easement. The easement rights granted herein shall be possessed and enjoyed
by the City, its succcssors and assigns, in perpetuity.
3. Ingress. E2:ress. and Maintenance. The City, its employees, contractors, and
representatives shall have thc right of ingress and egress to and from the Easement Tract for the
purpose of constructing, laying, operating, inspecting, maintaining, altering, replacing, repairing
and putting into operation all nccessary public utilities, including but not limited to water and
sewer, storm sewer and drainage, pipes, lines and facilities and appurtenances of said City. Such
ingress and egress shall bc limited to the Easement and to existing public roads, if any, on the
premIses.
4. Ri2:hts and Restrictions of Grantor. Grantor shall havc the right to full use and
enjoyment of the Easement Tract except for such usc as may interferc with the excrcise by the
City of the rights granted herein. Grantor shall not construct or permit to be constructcd any
house, structure, or obstruction on or over or interfering with the construction, maintenance.
repair, or other operation of any utility lines, facilities or appurtenances constructed pursuant to
this instrumcnt. Grantor further agrees that it will not materially change the ground elevation
above such utility lines. facilities or appurtenanccs without the prior written conscnt of the City.
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5. Restoration of Premises. After the installation of the utility lines, facilities or
appurtenances or any subsequent maintcnance thereof, the City, its cmployees, representatives,
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or contractors shall remove all construction equipment used by thcm on the Easement Tract by
or for the City, fill and level all ditches, ruts, and depressions caused by construction or removal
operations, and remove all debris resulting thcrefrom. Thc City will generally restore the surface
of the Easement Tract as near to its original condition as may be reasonably possible, all within
a reasonable time after the installation of such utility lines, facilitics or appurtenances or
expiration of this easement. City shall seed the surface ofthe Easement Tract with an appropriate
ground cover promptly following completion of such construction.
6. Covenant of Ownership. Grantor covenants that it is the owner of the Easement
Tract and has the right, title, and capacity to grant the Easements granted herein.
7. Effect Upon Subsequent Parties. This Easement Grant shall be binding upon and
accrue to the benefit of the heirs, legal representatives, successors, and assigns of thc parties
hereto.
[The remainder of this page is intentionally left blank.]
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IN WITNESS WHEREOF. the Grantor has caused this Easement Grant to be duly
e executed in its name and behalf as of the day and year first above written.
PREFERRED BUILDERS. INC.
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By:
Its:
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF RAMSEY )
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The foregoing instrument was acknowledged before me this --1:--day of /?7LU..f .
l~ by a. fJ, 15::Lu2/~, and . the
'~Le~ and . respectively. of PREFERRED
B ILDERS. INC., a corporation organizcd undcr the laws of the State of Minnesota, on behalf
of the corporation.
~a~d
~otary Pu lic
_~~...!_ oS e-?~? ~: :.AUi: J ni~
' ' - a' '"'. BARBARA A. BENESCH
W f!f:;;~~ NOTARY PUBLlC~MINNESOTA ~,
J: \:::t?!;"'~.' CHISAGO ~OUNTY , ','
l :,<.~~y M J CommiSSion Expires Jan. 31, 2000
t,:....:::.~~~~e<i'8~~:~~;~z~~<~s ~.-
This instrument was drafted by:
KENNEDY & GRAVEN. CHARTERED (SJR)
470 Pillsbury Center
Minneapolis. MN 55402
e (612) 337-9300
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EXHIBIT A
Lee:al Description of Easement
A perpetual easement for utility purposes over, under and across the North 5 feet, the
South 10 feet, the East 10 feet and the West 10 feet of the North 80 feet of the following
described real property:
The West 218 feet of the North 103 feet of Lot 34 and the South 27 feet
of the West 218 feet of Lot 35, Auditor's Subdivision No. 89, Ramsey
County, Minnesota.
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