HomeMy WebLinkAbout2023-038CITY OF COLUMBIA HEIGHTS, MINNESOTA
RESOLUTION NO.2023-38
RESOLUTION APPROVING MOVE IN AGREEMENT WITH BPOZ COLUMBIA HEIGHTS
LLC FOR THE OCCUPANCY OF THE CITY HALL CONDO UNIT AT THE 40TH AND
CENTRAL REDEVELOPMENT SITE
BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights,
Minnesota ("City") as follows:
Section 1. Recitals.
1.01. BPOZ Columbia Heights, LLC, a Delaware limited liability company (`BPOZ") is
the developer of The Heights ("Project"), a mixed -use building condominium to be formed under
Minnesota law consisting of 266 multifamily rental apartment dwellings and 21,256 sq. ft. of a
grey -shell finish space (city hall) condominium units (individually, "Unit" and collectively
"Units") and related common elements to be constructed on property more particularly described
on Exhibit A attached hereto and made a part hereof (the "Property").
1.02. BPOZ and City have entered into that certain City Hall Transfer Agreement dated
as of October 27, 2020 (the "Purchase Agreement"), for the purchase by City of one of the Units
as more fully defined within the Purchase Agreement ("City's Unit").
1.03. BPOZ's obligations under the Purchase Agreement include, among other things,
filing of the condominium plat and condominium declaration ("Plat and Declaration") which
create the Units as separate legal parcels including City's Unit which subsequently can be
conveyed by deed and transferred to City at the Closing as contemplated by the Purchase
Agreement.
1.04. Through no fault of BPOZ, the Plat and Declaration have yet to be recorded with
Anoka County thus delaying the closing of the transfer of the City's Unit to City.
1.05. BPOZ and the City entered into an Early Access Agreement dated October 21,
2022, to allow the City to commence construction activity within the City's Unit notwithstanding
the fact that the Closing has not occurred, and the Plat and Declaration have not yet been filed.
1.06. City wishes to move into the City's Unit and to conduct its City operations within
the City Unit notwithstanding the fact that the Closing has not occurred and the Plat and
Declaration have not yet been filed.
Section 2. Move In Agreement Approval.
2.01 The Move In Agreement as presented to the Council is hereby in all respects
approved, subject to modifications that do not alter the substance of the transaction and that are
approved by the City Manager, provided that execution of the Agreement by such official shall be
conclusive evidence of approval.
2.02. The City Manager is hereby authorized to execute on behalf of the City the Move
In Agreement and any documents referenced therein requiring execution by the City, and to carry
out, on behalf of the City, its obligations thereunder.
2.03. City staff and consultants are authorized to take any action necessary to carry out
the intent of this resolution.
Adopted by the City Council of the City of Columbia Heights this I Oth day of July 2023.
Offered by: Jacobs
Seconded by:Buesgens
Roll Call: All Ayes
ATTEST:
4
�araIon, City Clerk/Council Secretary
4dLda Marquez Si a, ayor
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EXHIBIT A TO RESOLUTION
APPROVING MOVE IN AGREEMENT
Tract A, REGISTERED LAND SURVEY NO.250.
Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of
minerals and mineral rights therein.
AND
That part of Lot Twenty-three (23), Block One (I), Walton's Rearrangement of Lots Thirty-three
(33), and Thirty-four (34), Block Six (6), Reservoir Hills lying Southwesterly and westerly of the
following described line:
Beginning at a point on the south line of said Block I, Walton's Rearrangement, said point being
18.00 feet west of the southeast corner of Lot 23 of said Block I, Walton's Rearrangement; thence
northerly on a line 18.00 feet west of and parallel with said east line of Lot 23, a distance of 87.00
feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, Reservoir Hills,
said point being 47.23 feet easterly of the northwest comer of said Lot 30 and there terminating
according to the plat thereof on file and of record in the office of the Register of Deeds of and for
Anoka County, Minnesota.
Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of
minerals and mineral rights therein.
AND
Tract B, REGISTERED LAND SURVEY NO.250.
Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of
minerals and mineral rights therein.
AND
Lot 19, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills AND
The east 18.00 feet of Lot 23, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6,
Reservoir Hills, measured parallel with the east line of said Lot 23.
Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of
minerals and mineral rights therein.
AND
Lots 24, 25, and 26, Block 6, RESERVOIR HILLS, Anoka County, Minnesota.
Lots 20, 21, and 22, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK
6, RESERVOIR HILLS, and all of the vacated alley adjacent to said Lots 20, 21, and 22, Anoka
County, Minnesota.
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That part of Lot 27, Block 6, RESERVOIR HILLS which lies westerly of the northerly extension
of the east line of Lot 23, Block 1, , WALTON'S REARRANGEMENT OF LOTS 33 AND 34,
BLOCK 6, RESERVOIR HILLS and lying easterly of the following described line:
Beginning at a point on the south line of said Block 1, WALTON'S REARRANGEMENT OF
LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, said point being 18.00 feet west from the
Southeast comer of Lot 23 of said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND
34, BLOCK 6, RESERVOIR HILLS; thence northerly on a line 18.00 feet west of and parallel
with the east line of said Lot 23, to the north line of said Block 6, RESERVOIR HILLS.
AND
Lot 32, Block 6, RESERVOIR HILLS, Anoka County, Minnesota.
Lots 25 through 28, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK
6, RESERVOIR HILLS, Anoka County, Minnesota.
The vacated alley adjacent to Lots 25 through 28, Block I, WALTON'S REARRANGEMENT OF
LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota.
Those parts of Lots 28 through 31, Block 6, RESERVOIR HILLS; Lot 24, Block I, WALTON'S
REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; and of the vacated
alley adjacent to Lot 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34,
BLOCK 6, RESERVOIR HILLS; lying Southwesterly and Westerly of the following described
line:
Beginning at a point on the South line of Block 1, WALTON'S REARRANGEMENT OF LOTS
33 AND 34, BLOCK 6, RESERVOIR HILLS, said point being 18.00 feet West of the Southeast
corner of Lot 23, of said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34,
BLOCK 6, RESERVOIR HILLS; thence Northerly on a line 18.00 feet West of and parallel with
the East line of said Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the
North line of Lot 30 of said Block 6, RESERVOIR HILLS, said point being 47.23 feet Easterly of
the Northwest comer of said Lot 30 and there terminating.
Parcel 2:
Those parts of Lots 27 through 31, Block 6, RESERVOIR HILLS and those parts of Lots 23 and
24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR
HILLS and of the vacated alley abutting Block 1, "WALTON'S REARRANGEMENT OF LOTS
33 AND 34, BLOCK 6, RESERVOIR HILLS", as dedicated in said plat, lying within the following
described tract:
Commencing at a point on the South line of said Block, I, WALTON'S REARRANGEMENT OF
LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS distant 18.00 feet West of the Southeast
corner of Lot 23, said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK
6, RESERVOIR HILLS; thence Northerly on a line 18.00 feet West of and parallel with the East
line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be
described; thence continuing Northerly on the extension of said parallel line to the North line of
Block 6, RESERVOIR HILLS; thence Westerly along said North line of Block 6, to a point being
47.23 feet Easterly of the Northwest corner of Lot 30, Block 6, RESERVOIR HILLS; thence
Southeasterly, to the point of beginning;
Excepting therefrom Tract A, REGISTERED LAND SURVEY NO. 250, Anoka County,
Minnesota.
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