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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.