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HomeMy WebLinkAbout12-141CITY OF LAKEVILLE RESOLUTION NO. 12 -141 RESOLUTION APPROVING ASSIGNMENT OF PURCHASE AGREEMENT WHEREAS, the City entered into a Purchase Agreement with Rose Mountain Spiritual Community Center, a Minnesota non - profit corporation, ( "Rose Mountain ") dated October 1, 2012, for conveyance of City property legally described in the attached Exhibit A ( "Purchase Agreement "); WHEREAS, for business purposes, Rose Mountain desires to assign its interest in the Purchase Agreement to Rose Mountain, LLC, a Minnesota limited liability company, which will then lease the City Property to Rose Mountain pursuant to the assignment agreement attached hereto as Exhibit B ( "Assignment Agreement "); and WHEREAS, the City agrees to allow the assignment of the Purchase Agreement to Rose Mountain, LLC, pursuant to the terms of the Assignment Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the Assignment Agreement is hereby approved. ADOPTED this 17th day of December 2012 CITY OF LAKEVILLE BY: S f"_ f ft Mark Bellows, Mayor A EST: _ Charlene Friedges, City erk EXHIBIT "A" Legal Description of City -owned Property Lots 1 and 2, except the North 7.5 feet of Lot 2, Block 8 Berres Addition to Lakeville; Lot 5, Block 14 Lakeville Village (Town of Fairfield) and the east 20 feet of vacated Walnut (Holt) Street adjacent thereto, which accrued by reason of the vacation thereof, according to the plat on file in the Dakota County Recorder' s office. The west 131.0 feet of Lot 12, Block 14 Lakeville Village (Town of Fairfield) and the east 20 feet of vacated Walnut (Holt) Street adjacent thereto, which accrued by reason of the vacation thereof, according to the plat on file in the Dakota County Recorder' s office. 2 ASSIGNMENT OF REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ASSIGNMENT is made this 6th day of December, 2012 by Rose Mountain Spiritual Community Center (Assignor) to Rose Mountain LLC (Assignee). WHEREAS, Assignor has entered into a certain Real Estate Purchase and Sale Agreement with The City of Lakeville (Seller) and Assignor as Buyer, executed on the 1S day of October, 2012, for the purchase and sale of certain real property located at 20732 Holt Avenue, Lakeville, MN, and which is described more particularly in said Agreement, a copy of which is attached as Exhibit "A "; and, WHEREAS, Assignor desires to assign, transfer, sell and convey to Assignee all of Assignor's right, title and interest in, to and under said Real Estate Purchase and Sale Agreement; and, WHEREAS, Assignee is desirous of receiving all of Assignor's right, title And interest in, to and under said Real Estate Purchase and Sale Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Assignor does hereby assign, transfer, sell and convey unto Assignee all of Assignor's right, title and interest in, to and under said Real Estate Purchase and Sale Agreement. Assignee hereby assumes all of Assignor's duties and obligations under said Real Estate Purchase and Sale Agreement. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. IN WITNESS WHEREOF this Assignment has been signed, sealed and delivered by Assignor and Assignee as of the day and year first above written. Geor a erick — It's President As or — Rose Mountain Spiritual Community Center Ge r " _ erick — It's Chief Manager signee — Rose Mountain LLC State of Minnesota, County of HENNEPIN This instrument was acknowledged before me on December 7, 2012, by George Maverick the President of Rose Mountain Spiritual Community Center, a Minnesota non -profit corporation, and Chief Manager of Rose Mountain, LLC, a Minnesota limited liability company, on behalf of both companies. )&,,A, J — VV_4w�� Mary F. Velimure NOTARY PUBLIC STATE OF MINNESOTA 4• , " ..'i g, My Commission Expires 1-31 -2014 W.U. It LEGAL DESCRIPTION Lots I and 2, except the North 7.5 feet of Lot 2, Block 8 Berres Addition to Lakeville; Lot 5, Block 14 Lakeville Village (Town of Fairfield) and the east 20 feet of vacated Walnut (Holt) Street adjacent thereto, which accrued by reason of the vacation thereof, according to the plat on file in the Dakota County Recorder's office. The west 131.0 feet of Lot 12, Block 14 Lakevill e Village (Town of Fairfield) and the east 20 feet of vacated Walnut (Holt) Street adjacent thereto, which accrued by reason of the vacation thereof, according to the plat on file in the Dakota County Recorder's off cc..