HomeMy WebLinkAbout1968-032 CCR1
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Member Theodore Willard
moved its adoption:
introduced the following resolution and
RESOLUTION NO, 68 -32
RESOLUTION AUTHOR]ZING THE EXECUTION OF A PURCHASE
AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE CITY
OPE N-S PACE APPLICATION
WHEREAS, the City of Brooklyn Center desires to acquire lands to be
preserved for permanent open -space use, and has made application to the
Federal Government for financial assistance therefor under Title VII of the
Housing Act of 1961 as amended; and
WHEREAS, in a letter received at the City Hall on October 10, 1966
the regional director of Urban Renewal advised the City that said application
had been approved and financial assistance from the Federal Government
assured; and
WHEREAS, a parcel described as part of Parcel 1015, Plat 89034,
Hennepin County, is held in fee by Caroline S. Elsen, and said parcel is
included among the parcels desired to be acquired and for which financial
assistance has been requested as described above; and
WHEREAS, the City Planning Commission reviewed the proposed
acquisition on April 21, 1966 and thereupon adopted a resolution approving
said acquisition and stating that such acquisition was in conformance with
the Comprehensive Plan for the community; and
WHEREAS, as required by regulation promulgated by the Department
of Housing and Urban Development applicable to land acquisitions under the
aforementioned Title VII, two appraisals have been obtained, said appraisals
being on file in the office of the City Clerk; and
WHEREAS, pursuant to the "Land Acquisition Policy Statement" adopted
by the then Village Council on April 10, 1966, efforts to negotiate purchase of
said parcel were initiated with the result that said negotiations were
unsuccessful; and
WHEREAS, on October 30, 1967, the City Council adopted Resolution No.
67 -328 directing the initiation of eminent domain proceedings against the
subject parcel; and
WHEREAS, since October 30, 1967, pending the filing of eminent domain
proceedings, negotiations were resumed with the owner of said parcel with the
result that the owner revised his position to the extent that he will not accept
less that the sum of $5,480.90 for the property including the payment by said
owner of all outstanding special assessments and taxes currently levied against
the it operty; and
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Resolution No.
ATTEST:
68 -32
WHEREAS, based on the aforementioned appraisals and upon the opinion of
counsel, that the cost of acquisition of the parcel through eminent domain pro-
ceedings would likely equal or exceed the sale price requested by the owner, the
City Council finds that the sum of $5,480.90 is a fair sum to pay for acquisition
of fee title to the subject property:
NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center
purchase said parcel being otherwise legally described as:
"that part of the northeast 1/4 of the northeast 1/4 of
Section 34, Township 119, Range 21, lying northerly
of the centerline of Hennepin County Road No. 130,
also known as 69th Avenue;
subject to an easement to Northern States Power Company
as described and recorded in Certificate No. 410920, Office
of Registrar of Titles, Hennepin County, Minnesota."
and that the Mayor and City Manager be authorized and are hereby directed
to execute a purchase agreement for the aforementioned parcel in the amount
of $5,480.90 on the following terms:
a. $100.00 earnest money payable upon execution of the
purchase agreement;
b. $5,380.90 payable on or before April 30, 1968, subject
to the normal terms of marketable title, and also requiring
the payment in full of all outstanding special assessments,
liens and current taxes by the seller.
February 5, 1968
Date
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member Howard Heck and upon vote being taken thereon, the
following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg,
Howard Heck and Theodore Willard;
and the following voted against the same: none,
whereupon said resolution was duly passed and adopted.