HomeMy WebLinkAboutCity Council Resolution 1995-098CAMPBELL, KNUTSON# SCOTT & FUCHS, P.A Feb 1.95 10:15 No .004 P.pZ
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95-98
RFS IMON AUMORIZINO ACQUISITION
OF PARK AND RBC` RATION LAND
VVIDMIAS, the City owns and maintains park land and outdoor recreational
p>oportles; arxl
WHEREAS, in eotijnnction with the development and construction of the new
high WJ=I within tho City. in Section 7, Township 1181 the City will own and
maintain outdoor recreational properties; and
VYRRASr the City staff has discussed with Lundgren Bros. Construction,
Inc., the owner of approximately 31,8794 acro parcel that B 4aoant to the MOM
high school alto, the pm1blo acquisition of that parcel by the City and, through those
negotiations, Lundgren Bros. has proposed ado of the subject 31.8794 acre parcel to
the City; Ed
WHRMS, the City Council of the City of Plymouth does hcaby determine
that it is necessary and for a public use and in the beat interest of the City to acquire
the approximately 31.8794 acre parcel ownod by Lundgren Bros. Constmedon, Inc.
and located in the South Half of Section 7, Township 118, and lying west or and
CAMPBELL KNUTSONs SCOTT & FUCHS, P.A Feb 1,95 10:15 No .004 P.03
adjacent to Peony Lane and north of and adjacent to the Soo Lino Railroad right-of-
way; and
WHERMS, the City Council of the City of Plymouth does hereby determine
that a price of Seven Hundred Niraty-six Thousand Nine Hundred Eighty-five and
N6/100 ($796,983.00) Dollars to purchase the approximately 31.6794 acres is
reasormsble.
NOW, THEREFORE, be it resolved by the City Council of the City of
Plymouth, Mttmesota as Bellows:
I . That the City shall purchase the approximately 31.8794 acre pared
described above for the sum of Seven hundred Ninety-six Thousand Nine Hundred
Eighty-five and No/100 ($746,985.00) Dollars subject to the following trrms and
conditions:
a. That the property purchased shall be legally described in a manner
&CMtable. to the City Attorney and that the pumbase shall include all
right, 011e and Interest In and to any roads, rights -o[ wey and casements
appurtenant to the property,
b. That Widgren Bros. Construction, Inc. provide evidence of marltotablo
title to the property that is satisfactory to the City Attorney and that any
objections to dile shall be corrected or removed by Lurxlgren Bros. as
requested by the City Attorney.-
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That, at closing, Lundgren Bros. Construction, Inc. deliver to die City a
duly executed Warranty Deed In recordable fb m eonveylni fee title of
trite subject property to the City and shall further deliver a customary
affidavit that there aro no unsatisfted Judgments of record or any actions
ponding in any state or federal court that would effect title to the
piny,
11411 -2-
CAMPBELL. KNUTSON. SCOTT & FUCHSv P.A Feb 1,95 10:16 No.004 P.04
d. That, at closing, Lundgren Bros. pay, or provide evidence of payment
of:
(1) All general mai estate taxes due and payable in 1994 and prior
years and a prorate sbare of the general real estate taxes due and
payable in 1993, prorated to the date of closing.
(2) AN speeW assessments levied against the property.
(3) All deferred taxes and special assessments Properly Payable under
Minnesota law.
e. That, at closing, Lundgren Bros. pay the state deed tax payable upon
recording of the Warranty Deed delivered by Lundgren Bros, to the
City, all costs of obtaining and updating the abstract to the subject
property or pruvhligg evidence of marketable title, all costs and foes
incurred for corrective imtruments necessary to remove encumbrances or
objections to title.
2. That the City Attorney is authorized to obtain title insurance insuring tho
City's ownership interest in the subject property.
3. That the Finance Director of the City of Plymouth is authorized to
withdraw hinds from the Pari: Dedication Account 218 -218 -Community Piayffelds w
pay for the acquisition of the property and the costes associttod therewith, including
recording and title fool.
ADOPTED this 7th day or February , 1995, by the City Council of
the City of Plymouth,
ATTEST:
Joy Tierney, Mayor
Dwight Johnson, City Manager