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HomeMy WebLinkAboutItem 06.d Date: Item No. RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 9210 202nd Street West Proposed Action Staff recommends adoption of the following motion: Move to adopt a Resolution Approving An Amendment to the Previously Approved Purchase Agreement for Acquisition of Real Property located at 9210 202nd Street West. Overview The City Council approved a purchase agreement for the above property located at the corner of Dodd Blvd. and Co. Rd. 50 at the April 4, 2016 Council Meeting. During the preparation of the Title Commitment, a minor error in the legal description of the property was discovered. The proposed amendment to the purchase agreement contains the correct legal description. This purchase agreement with this amendment is contingent on the completion and acceptance of a Phase II Environmental Site Assessment of the property. The results of this assessment were received on May 9, 2016 and confirmed lower levels of petroleum related contamination in the soil. No further investigation or mitigation is recommended unless new buildings are proposed for the site which is not anticipated. Staff recommends approval of the purchase agreement amendment. Primary Issues to Consider • What is the public purpose of this proposed acquisition? It will result in the removal of blighted buildings and provide the necessary right-of-way for future road improvements. Supporting Information • Resolution approving the amendment to the purchase agreement for property at 9210 202nd Street West • Signed Amendment to Real Estate Purchase Agreement Financial Impact: $350,000 Budgeted: Y☐ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Design that Connects the Community Report Completed by: (David Olson, Community & Economic Development Director) May 16, 2016 CDBG and Southfork TIF Loan Funds 186707v1 CITY OF LAKEVILLE RESOLUTION NO. 16-57 RESOLUTION APPROVING AMENDMENT OF PURCHASE AGREEMENT WHEREAS, the City entered into a Real Estate Purchase Agreement with Lucille H. Scheffler, (“Scheffler”) dated April 4, 2016, for acquisition of property located at 9210, 202nd Street West, Lakeville, MN 55044 (“Purchase Agreement”); WHEREAS, the parties desire to correct the legal description in the Purchase Agreement to reflect the full legal for Parcel ID 22-02900-27-021, which is addressed in the Amendment to Real Estate Purchase Agreement attached hereto as Exhibit “A” (“Amendment”); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the Amendment is hereby approved. ADOPTED this 16th day of May, 2016, by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: ________________________________ Matt Little, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk 186707v1 EXHIBIT “A” AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT THIS AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (“Amendment”) is dated as of _________________, 2016, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("Buyer"), and LUCILLE H. SCHEFFLER, a single person ("Seller"). RECITALS WHEREAS, Seller and Buyer entered into a Real Estate Purchase Agreement dated April 4, 2016 (“Purchase Agreement”) for the conveyance of real property located in the City of Lakeville, Dakota County, Minnesota located at 9210, 202nd Street West, Lakeville, MN 55044 (“Property”); WHEREAS, the parties desire to correct the legal description to the Property under the terms of the Purchase Agreement; NOW, THEREFORE, in consideration of the covenants and undertakings contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Buyer and Seller agree as follows: 1. INCORPORATED. The above Recitals are hereby incorporated as a material part of this Amendment with the same force and effect as if restated in full in this Paragraph. 2. AMENDMENT TO EXHIBIT A. Exhibit A of the Purchase Agreement is amended as provided in Exhibit A attached hereto. 3. FULL FORCE AND EFFECT. Except as provided herein, all terms and provisions of the Purchase Agreement shall remain in full force and effect. (the remainder of this page intentionally left blank) (signature pages to follow) 186707v1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above, in multiple counterparts, each of which shall be deemed an original and all of which shall evidence but one agreement. SELLER: ___________________________________ Lucille H. Scheffler PURCHASER: CITY OF LAKEVILLE By:__________________________________ Matt Little, Mayor And:_________________________________ Charlene Friedges, City Clerk 186707v1 EXHIBIT A Legal Description of Property Part of the Southeast Quarter of the Northwest Quarter (SE ¼ of NW 1/4) of Section Twenty- nine (29), Township One Hundred Fourteen (114), Range Twenty (20), lying Northeasterly of the Minneapolis, Northfield and Southern Railway Right of Way, described as follows: Commencing at a point at the intersection of the center line of the Dodd Road and State Trunk Highway No. 65 (formerly No. 50), thence South along the center line of the said Dodd Road One Hundred Sixty-four and seven tenths (164.7) feet to the Easterly line of the Minneapolis, Northfield and Southern Railway Right of Way; thence Southeasterly along the Northeasterly line of said Railway Right of Way Two Hundred Six (206) feet; thence in a Northeasterly direction Three Hundred Twenty-four (324) feet to the center line of State Trunk Highway No. 65 and a point Two Hundred and six tenths (200.6) feet East of the point of beginning; and thence Two Hundred and six tenths (200.6) feet West along the center line of said State Trunk Highway No. 65 to the point of beginning, Dakota County, Minnesota.