HomeMy WebLinkAboutContract 1557 JS
SALE / DEVELOPMENT AGREEMENT
THIS SALE /DEVELOPMENT AGREEMENT ( "Agreement ") is made this * Z7 day of
2000, by and between the City "
y y of Columbia Heights ("City"), a
municipal corporation; Brian Michael Roeller ( "Roeller "); and Patrick E. Truchinski and Sherri
A. Truchinski, husband and wife ( "Truchinski ").
WHEREAS, the City owns the real property located at 3855 Main Street NE, as legally
described in Exhibit A. Said property currently has a sub - standard single family home thereon;
and
WHEREAS, Roeller owns the real property located at 3849 Main Street NE, which is the
property directly adjacent to the south of 3855 Main Street NE; and
WHEREAS, Truchinski owns the real property located at 3859 Main Street NE, which is
the property directly adjacent to the north of 3855 Main Street NE; and
WHEREAS, it is the desire of all parties hereto that the sub - standard structure located at
3855 Main Street NE be razed, the lot split and deeded in equal proportion to Roeller and
Truchinski.
NOW, THEREFORE, the parties hereto agree as follows:
1. Officer /Acceptance. Roeller offers to purchase and City agrees to sell the real
property located at 3855 Main Street NE, Columbia Heights, Anoka County, Minnesota, legally
described in Exhibit A.
2. Purchase Price. The price for the real property included in this sale is Twenty
Thousand Dollars ($20,000), which Roeller agrees to pay in cash on November 27, 2000, the
Date of Closing. Closing shall take place at City Hall, or at some other mutually agreeable
location.
3. Deed. Upon perfoimance of Roeller, City shall execute and deliver a quit claim
deed conveying title of record, subject to: (a) building and zoning laws, ordinances, state and
federal regulations; (b) reservation of any mineral rights by the State of Minnesota; and (c) utility
and drainage easements.
4. Real Estate Taxes and Special Assessments. Real estate taxes due and payable in
and for the year of closing shall be pro -rated between the City and Roeller on a calendar year
basis to the actual Date of Closing. Roeller 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. Roeller shall assume all other special assessments levied as of the date of this
Agreement. Roeller shall pay real estate taxes due and payable in the year following closing and
thereafter and any unpaid special assessments payable therewith and thereafter, subject to the
further conditions as set forth herein. City makes no representation concerning the amount of
future real estate taxes or of future special assessments.
5. Condition of Property. The parties hereto acknowledge that the subject property
is being sold in an "As Is" condition.
6. Termination of Utility Services. Termination of all utility services must be
completed within thirty (30) days of the Date of Closing. All costs of such termination shall be
the joint and several responsibility of Roeller and Truchinski. If Roeller and Truchinski wish to
have the utility services terminated prior to the Date of Closing (due to weather related issues),
City agrees to conduct such services upon prior receipt of an agreed upon cost of such
termination. If the termination of the utility services is not completed within thirty (30) days of
the Date of Closing. Roeller and Truchinski hereby agree that City may then conduct such work
or contract for the same, with the costs of the termination to be assessable in equal shares
against the real property owned by Roeller and Truchinski as described above.
7. Removal of Existing Structures. Complete removal of all existing structures
located on the subject property must be completed within ninety (90) days of the Date of
Closing. All costs of such removal shall be the joint and several liability of Roeller and
Truchinski. If the removal of the existing structures is not completed within ninety (90) days of
the Date of Closing, Roeller and Truchinski hereby agree that City may then conduct such work,
or contract for the same, with the costs of the removal to be assessable in equal shares against the
real property owned by Roeller and Truchinski as described above.
8. Property Restoration. Once all existing structures are removed, the lot shall be
restored so that the grade of the lot matches the adjacent properties. Ground cover of seed or sod
must be provided no later than May 31, 2001. The cost of the above work shall be the joint and
several responsibility of Roeller and Truchinski. If the restoration and groundcover are not
provided by May 31, 2001, Roeller and Truchinski hereby agree that City may conduct such
work, or contract for the same, with the costs of the restoration and /or groundcover to be
assessable in equal shares against the real property owned by Roeller and Truchinski as
described above.
9. Possession. City shall deliver possession of the property to Roeller no later than
the Date of Closing.
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10. Lot Split /Resale. Within one (1) year from the date of possession, Roeller shall
cause to be accomplished a lot split of the subject property. The split shall divide the property
from east to west and shall be as close to an equal division of the property as possible. Also
within one year of the date of possession, Roeller hereby agrees to sell to Truchinski the
northerly portion of the subject property created pursuant to the lot split. Roeller shall deliver to
Truchinski a quit claim deed conveying said portion upon purchase payment of $10,000 by
Truchinski. In addition to the $10,000 purchase price, Truchinski shall also reimburse Roeller
for one -half (1/2) of the utility termination, structure removal, property restoration and lot split
costs if not already so paid by Truchinski.
11. Redevelopment Prohibit. If for any reason the above - referenced lot split is not
completed, Roeller hereby agrees not to lease or resell the subject property for any
redevelopment purposes. If this specific provision is violated, City shall be hereby authorized to
withhold any permits, certificates of occupancy or other approvals that such redevelopment may
require.
12. Minnesota Law. This Agreement shall be governed by the laws of the State of
Minnesota.
CITY OF COLUMBIA HE HTS
/ ,_ a
__Addi
Its: Mayor
By: .. ../ �,>�'
Its: City Manage
C e .------- ,,,,A4w,,i, a-
Brian ► ichael Roeller
4
Patric E. Truchinski
5 -e/frYi - . T <V
Sherri A. Truchinski
3
STATE OF MINNESOTA)
)SS
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
N 0\r , 2000, by Gary Peterson and Walt Fehst, the Mayor and City Manager, respectively
of the City of Columbia Heights, on behalf of the City.
`,. 4 ; IC - . INNESOTA (�-c�� I �
At • xp. Jan. 31, 20C�f, (Notary Public
STATE OF MINNESOTA)
)SS
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2000, by Brian Michael Roeller.
6 PATRICIA V. MUSCOVITZ N otary Public
NOTAkY PUBLIC - : , INNFSOT4 c
My Comm. Exp, Jan i. nn.
STATE OF MINNESOTA)
)SS
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this o�„),, day of
0\3— , 2000, by Patrick E. Truchinski and Sherri A. Truchinski.
-, ;I;;IAV muE,covi; otary Public
. i,:,Yi'ur+i '?NFSO-;
99507_1
4
EXHIBIT A
PROPERTY IDENTIFICATION NUMBER: 35 30 24 33 0059
LEGAL DESCRIPTION: Lot 29, Block 80, Columbia Heights Annex to Minneapolis,
Anoka County, Minnesota