Loading...
HomeMy WebLinkAbout13-020CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 13 -20 RESOLUTION APPROVING ACQUISITION OF CERTAIN REAL PROPERTY WHEREAS, the Dakota County Community Development Agency ( "CDA ") has entered to a purchase agreement dated February 1, 2013, with the Federal Home Loan Mortgage Corp. ( "Purchase Agreement") for acquisition of the property located at 19986 Kenwood Trail, Lakeville, MN 55044, legally described as follows: Lots 13, 14, 15 and 16, Block 3, Lenihan's Lots Antlers Park, Dakota County, Minnesota EXCEPT all of the following: That part of Lots 13, 14, 15, and 16, Block 3, Lenihan's Lots, Antlers Park, shown as Parcel 65 on Minnesota Department of Transportation Right of Way Plat Numbered 19 -120 as the same is on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, as shown in final certificate filed February 19, 1997, as Document NO. 1406537. ( "Property"); WHEREAS, the Property is located at the intersection of Kenwood Trail and Ipava Avenue which is a major intersection within the City and the home located on the Property and has been determined to be blighted; WHEREAS, the City desires to acquire the Property with CDBG funds programmed for spot acquisition and clearance; WHEREAS, if approved by the Seller, the City and CDA desire to have the CDA's interest in the Purchase Agreement assigned to the City ( "Assignment "); WHEREAS, if the Seller does not approve the assignment, the City desires to acquire the Property from the CDA immediately following the closing on the Purchase Agreement for the price and costs paid by the CDA under the Purchase Agreement, with closing costs to be paid by the City; WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisition of property for consistency with the Comprehensive Plan, except upon a 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition of the property has no relationship to the City's comprehensive plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. The City Council hereby approves the assignment of the Purchase Agreement from the CDA to the City in a form acceptable to the City Attorney; 2. In the alternative and in the event the assignment is not approved by the Seller, the City Council approves the acquisition of the Property by the City from the CDA for the price and costs outlined in the Purchase Agreement, with all closing costs to be paid by the City, pursuant to a purchase agreement in a form approved by the City Administrator and City Attorney; 2. Pursuant to Minn. Stat. § 462.356, subdivision 2, the Council finds that the acquisition of the Property has no relationship to the City's comprehensive plan and hereby dispenses with review by the Planning Commission; 3. The Mayor and City Clerk are authorized to execute any documents which, in the opinion of the City Attorney, are necessary to effectuate this transaction. ADOPTED this 4th day of March, 2013, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: att Li W, Mayor T: Charlene Friedges, City 2