HomeMy WebLinkAboutOrdinance 806CITY OF COLUMBIA HEIGFITS
ADMINISTRATIVE OFFICES
COLUMBIA HEIGHTS, MINNESOTA 55421
ORDINANCE # 806.
BEING AN ORDINANCE AUTHORIZING THE SALE BY THE CiTY OF
COLUMBIA HEIGHTS OF CERTAIN REAL ESTATE KNOWN AS
LOTS 16-22 BLOCK SEVENTY-THREE (73), COLUMBIA HEIGHTS
ANNEX, ANOKA COUNTY,.MINNESOTA, INCLUDING INDUSTRIAL
STRUCTURE AT 3905 CALIFORNIA STREET N.E.
THE CITY OF COLUMBIA HEIGHTS DOES ~DAIN:
Section 1. Authorization of Sale of Real Estate. The City of Columbia
Heights shall sell and convey unto Cir-Tech, Inc., that certain
tract of land lyi,ng and bei.ng in the County of Anoka, State
of Minnesota, described as follows, to wit:
Lots 16-22 inclusive, Block 73, Columbia Heights
Annex, Anoka County, Minnesota, including industrial
structure at 3905 California Street N.E.
together with all the hereditaments and appurtenances
thereunto belongi.ng or in any wise appertaini.ng.
Section 2. Terms and Conditions. That the term of the sale of said
property to the said Cir-Tech, Inc., is $82,500 and other
good and valuable consideration, according to the terms and
conditions contained in Exhibit ! incorporated herein and made
a part hereof.
Section 3.
Section 4,
Mayor and City Manager to execute the documents. The Mayor
and City Manager be and the same are hereby authorized to
execute and deliver to the said purchaser a Purchase Agreement
and, if said conti~ngencies therein are met, a Quit Claim Deed
for carryi.ng out the terms of this ordinance. That
Exhibit C of Exhibit I shall be on file in the office of
the City Manager of the City of Columbia Heights.
Time of Taki.ng Effect. This ordinance shall take effect
and be in force from and after thirty (30) days after its
passage.
First Reading:
Second Reading:
Offered by:
Seconded by:
Roll Call:
May 14, 1973
May 29, 1973
Heintz
Connor
All Ayes
Sec,~e~tary to the Counci 1
Bruce G. Nawrocki, Mayor
Colurabia i!eights,
RE(TI!IVtS) OF Cir-Tech, Inc...r a.Minnosota corporation
the sum of One.Thousan~-~iv-e...H.u~dsed and~No/100 (St,500.00) DOLLAR<
as carncs~ rummy nad in part payment for th~ porch,,sc ~f propetty at
ICheck, Cash or Note ~ State Which)
...... 390.5. C eli f. Or aia...S.~ ~.e~.~...N., N.,.,....C.o 1.uabi a He ights
County of ...... ~.~.e ...................................................... ~ Sram of Minnesota, and kgalty described
on Exhibit A attached hereto and made a part hereof, including
the building and all improvements ~hereon, and
including ail garden bulbs, plants, shrubs and trees, all storm sash, stor~ doors, detachable vas'fibulas, screens, awnings, window
shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixnircs and bulbs, plmnbi:V
fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection th=re-
with), water softener and liquid gas tank and controls (if the proper~ of sdlcr), sump pump, {elevision antenna, inciner-
ator, buih-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, i~ any, used and
located on said premises and including also the following personal properBu
all of which property the undersigned has this day sold to the buyer for the sum of:
E ighty~Two..Thousand ,.. Five.. Hundred.. and.. No/.1.O 0 .................... ( $.82., .50.0... 00 ) DOLL ARS,
which the buyer agrees to pa}, in the following manner:
Earnest money herein paid Si 1+500 ,.00.. and 881 ,..00.0...0.0, cash, ono, r.. b. efo.re., aun.e.,.39tt~e ~r~e7o'% closing.
This Purchase Agreement includes the additional terms, provisions
and conditions set forth on Exhibits B and C attached hereto and
made a part hereof.
Subject to performance by the buyer the seller agrees to execute and deliver a ............................... Quit... Claim ...... X<X~,OXX De
(to be i~dned in b} spouse if an5 ) conveying marketable title to said premises subject only to the £ollowing exceptions: ~
' 2' 'm and'zonm~,'lax~s ~rdinances <rate an~ Federal regulations ~~i
X~ ~xxxxx~x~a~~aff~.~P~~,e~t~ or proposed ~~e ~
(~ ~[iik~' ....... and dralnaae easements which do not mteriere ~uth presen~impro e e s. ~
The buyer shall pay ~he real estate taxes due in d~e year 19 ~4 and any unpaid installments of special assessments paF~ble rherewkh
and ,hareM,er. Seller warrants ~hat real estate taxes due in the year 1974-- witl be ....................... ~On ................ homestead ctassificat{on
Seller a-rees to ~av a~P~ai estate (full, partialornon-homes,ead--s,a=ewhich)
. Seller c~venan~s that buil~ng~ if any. ar/e entirely within the bounda~ lines of the
Ia tt~e event this properW is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shaii
become null and void, ar the purchaser's option, and all monies paid hereunder shall be refunded to him.
The buyer and seller also mutually agree that pro rata adiustments of rents, interest, insurance' and city water, and, in the case
income properw, outran= operating expenses, shall be made as of . ~he da~e Of O~osiBg
as SOOB a~~l/~irhin a reachable time after approval of this agreement, furnish an abstract of title, or a Registered Property
pm==q_Abstracr car,iliad to c~t{to include proper searches covering bankruptcies and State and Federal judgments and liens. Ti~e buyer shall b~
.... aliowed 4radayq after receipt thcreo~ for examination of said title and the making of any objecrions thereto, said obiections to he made
ble writin= ~r~tee~°d to be w,,ived If any objections are so made ~he seller shall be allowed 120 days to makF ~uc~itle marketable. Pending
correc[~on ~'f tit[~ the ~ay~ents'hereunder required shall be postponed, but upon correction of title and w~thm iu days after written no:ice
t
to the buyer, the parties shall perform this agreement according to irs terms.
. , ir ........ saia flue Is nor mar~erau~e~ _ t, anu~ ~=:- ,~-~t made so ~irh, n 1~0~ da~'s, from the date of x~rlrten objections thereto. . as, above provided, . Ihls
at Buy&~,~mT~WT~~d ~eitbe~ prlncip~l shah be ~iab~e fei dam~ge~ ~ereupder to th[ ot0[r' priqSl~l, zxll PTP7~'
m~1~npfid by the buyer sh-ql be refunded If the title to said property tee ioun~ marne,ama or [~e so mane w~tnm sam ume, aha .am m4'¢~
~ ..... /.. . . - -- - ~5 ~,,.t;..o in default for a nerio~ of 10 da}s then and in that ctse the seller may terminate this c ntract
and on sutt~ termin-tio~ ali the payments m-de upon this contract shall be retained by said seller anti said agent, as their respective i~itei~.sts
may apt,car, as liqukUttd damages, time bein~ of the essence hereof. This pre>vision shall not deprive either party of the right of enfo ~,inz
specific performance of this contract provkled snch contract shall not be termlnarcd as aforesaid, and provided action to enforce such spedfic
performaw~c shall be commenced within six months after such ri:.,ht of action shall arise.
h is understood and agreed that this sate is made subject to tire approval by the owner of said premises in writing and that the umier-
signed agent is in no manner liable or responsible on account of this agreement, except to return or account ft.r the earnest money paid under
this connact.
The dctivery of all papers and monies shall be made at
de-
.B..a..n..!:.....0..r.....F.i..n.a.n..c..i.n..g....institution
signated by Buyer.
Its
( hi Al, ~
EXHIBIT A
Lots 16, 17, 18, 19, 20, 21 and 22, Block 73,
Columbia Heights Annex, according to the recorded
plat thereof, Anoka County, Minnesota, together
with that portion of 39th Avenue N.E. and Califor-
nia Street to be vacated pursuant to paragraph
of Exhibit B to this Purchase Agreement, and-to-
gether with all rights and easement rights appurte-
nant thereto.
EXHIBIT B
TO PURCHASE AGREEMENT DATED MAY ~ ,
1973, EXECUTED BY THE CITY OF COLUMBIA
HEIGHTS, AS SELLER ~qD CIR-TECH, INC.,
AS BUYER.
The terms, provisions and conditions of this Exhibit B shall
take precedence over and control any contrary terms contained
elsewhere in this Purchase Agreement.
Buyer intends to improve and develop the premises to be
sold hereunder in the manner shown in the site plan attached
hereto as Exhibit C and made a part hereof. This Purchase
Agreement is subject to the following conditions and contin-
gencies with respec~ to such improvement and development, and
to the following financing contingency:
a) Vacation of all that portion of 39th Avenue N.H. and
California Street which lies within the property sold
hereunder and shown as part of Buyer's contemplated
development and improvement on the site plan attached
hereto as Exhibit C and made a part hereof.
b) Issuance or approval of all rezoning, zoning variances,
setback variances, special use permits and granting of
all governmental approvals necessary to insure that the
premises sold hereunder will comply with all applicable
zoning, platting, subdivision and. ordinance requirements
for Phase I improvement and development as shown and
labeled on Exhibit C attached hereto and Phase II
improvement and development as shown and labeled on
Exhibit C attached hereto and made a part hereo~
c)
d)
e)
Issuance of all building permits, licenses, curb cuts
and other governmental approvals necessary to duly
authorize construction within tke next 12 months of all
Phase I improvements, Phase t including parking areas
as laid out and shown on Exhibit C hereto, and issuance
of all building permits, licenses and other governmental
approvals necessary to duly authorize future construction
of all Phase II improvements including Phase II parking
areas as laid out and shown on Exhibit C hereto. Nothing
contained herein shall obligate Buyer to undertake or
connnence the Phase ii improvements.
Granting by Seller of~such consents and agreements as
Buyer may reasonably require to permit Buyer to remove
such excess fill from Buyer's property as may result
from Phase ! grading and improvements, and to deposit
such fill on Lots 23 and 24 in such a way as to facilitate
construction of a berm to provide a buffer between the
premises sold hereunder and the natural park to be
developed by Seller North of the premises sold hereunder.
Buyer agrees promptly upon execution of the Purchase
Agreement to apply for and seek a firm written commitment
from a Bank Or similar financing institution, reasonably
acceptable to Buyer to provide financing for the acqui-
sition of the real estate and building herein contemplated,
and for the Phase I improvements shown on Exhibit C
attached hereto, and for performance of Buyer's obliga-
tions under paragraph 3 hereof in an original principal
-2-
amount, upon terms and conditions, and at an interest
rate reasonably acceptable to Buyer.
In the event that said contingencies or any of them have not
been met on or prior to midnight, July 15, 1973, this Purchase
Agreement shall be null and void at the option of Buyer, and
shall be null and void unless Buyer shall waive all said con-
tingencies by written notice to Seller on or prior to midnight
'July 15, 1973. if this Purchase Agreement is voided pursuant
to such contingencies or any of them, Seller shall promptly
refund all earnest money advanced hereunder to Buyer, and
neither party shall thereafter have any further liability
hereunder.
In the event the conditions and contingencies set forth in
paragraph 2 hereof are duly met, or waived by Buyer as pro-
vided in paragraph 2 hereof, and in the further event that
this transaction closes iX the manner contemplated herein,
Buyer covenants and agrees at Buyer's expense:
To plant a row of trees within the Northerly 5'
feet of Lot 22, Block 73, Columbia Heights Annex
to provide screening in addition to that provided
by the Berm referred to in paragraph 2(d) hereof,
as shown on Exhibit C attached hereto.
In the event the conditions and contingencies set forth in
paragraph 2 hereof are duly met, or waived by Buyer as pro-
vided in paragraph 2 hereof, and in the further event that
this transaction closes in the manner contemplated herein,
Buyer covenants and agrees to petition Seller under Minne-
sota Statutes Chapter 429 (1971) for the following improve-
ments:
-3-
(a) Paving of the portion of the alley east of and
adjacent to the premises sold hereunder; and
(b) Paving of that portion of California Street adjacent
to the premises sold hereunder; and
('c) Paving of that portion of 39th Avenue N.E. lying
between California Avenue and Main Street; and
(d) Curbing on the North and South side of 39th A~enue
N.E. between California Street and Main Street.
If Buyer's petition for said improvements is granted, said
improvements shall be completed by Seller, and Buyer shall
reimburse Seller for the cost of constructing said improve-
Seller agrees on the date of closing to pay off in full all
interest, and the full principal amount of all assessments, or
special assessments which may be levied, assessed or pending
against the premises sold hereunder as of the date of closing,
except special assessments, if any, resulting from improvements
which Buyer has agreed to petition for under paragraph 4 of
this Exhibit B.
The legal description set forth in Exhibit A to this Purchase
Agreement Shall be amended at closing to include and correctly
describe those portions of California Street and 39th Avenue
N.E. to be vacated and conveyed to Buyer as part of the
premises sold hereunder. The conveyance of said portions of
vacated stree% and avenue s~at! be by quit claim deed.
Seller agrees to extend and postpone the date of closing at
Buyer's request to the extent necessary to permit the parties
to meet the contingencies set forth in paragraph 2 hereof.
-4-
Closing shall not be extended beyond July 15, 1973, unless
agreed upon by Buyer and Seller. In the event tha~ the
contingencies set forth in paragraph 2 hereof are met prior
to July 10, 1973, Buyer shall have the option to advance the
date of closing to a date prior to June 30, 1973 by giving
10 days prior written notice of such advance to Seller.
The terms, provisions and covenants contained in 'this Purchase
Agreement shall survive closing, but this provision shall not
make Seller liable to Buyer for title warranties.
CITY OF COLUMBI~HEtGHT~
By s
An
Its
-5-
FINDINGS OF FACT
Offered by: Land, seconded by Heintz.
That the property described as Lots 16, 17, t8, 19, 20,
21, and 22, Block 73, Columbia Heights Annex,
Anoka County, Minnesota, hereinafter referred to
as ~arcel~', has an assessed valuation of $82,000.00.
That F. N. Shaffer appraised said parcel at $90,000.00.
That said appraisal lis based on the avaitabil ity of
willing seller and a willing buyer.
That the proposal from Cir-Tech, Inc. involved a benefit
to adjoining proper~es including property of the
City of Columbia Heights to an extent of approximately
$5,000.00 greater than the benefit solely to the parcel
described in Finding number one.
That the proposal for purchase by Cir-Tech, I ~. would
require no payment of Realtor Fees by the City of
Columbia Heights.
That the City Manager testified that in his opinion the
sum of $82,500 was a fair price for said parcel.
That from the evidence adduced above and from personal
observations and conclusions of the City Council of the
City of Columbia Heights, the City Council of the City
of Columbia Heights herein finds that the suml _
of $82,500 is a fair and just pice for said parcel.