HomeMy WebLinkAbout1967-179 CCR Member john Leary introduced the following resolution
and moved its adoption:
RESOLUTION NO. 67 -179
RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE
AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE
CITY OPEN -SPACE 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 Parcel 1410, Plat #89026, Hennepin
County, is held in fee by Michael Halek, 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 18, 1966, efforts to negotiate the purchase
of said parcel were initiated, with the result that the owner will not accept less
than the sum of $3, 100.00 for the property including the. payment by the owner
of all outstanding special assessments currently levied against the property;
and
WHEREAS, based upon the aforementioned appraisals, and upon the
opinion of cousel that the cost of acquisition of the parcel through eminent
domain proceedings would likely equal or exceed the sale price requested by
the owner, the City Council finds the sum of $3,100.00 is a fair sum to pay
for acquisition of fee title to the subject property:
RESOLUTION NO. 67-179
NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center
purchase said parcel being otherwise legally described as.
All that part of the following described land which lies above the
low water mark of Palmer Lake: That part of Government Lot 2,
Section 26, Township 119, Range 21, described as beginning at
the meander corner No. 12 in the South line of said Section 26; thence North
parallel to the North and South quarter line of said section and its
extension a distance of 980.78 feet; thence East along a line parallel
to the South line of said Section 26 to its intersection with a line drawn
parallel with and distant 365 feet West of the said North and South
quarter line as measured along the extension Westerly of the North
line of said Government Lot 2; thence South along said last mentioned
parallel line a distance of 305.47 feet; thence deflecting to the left 55
degrees, 16 minutes 51 seconds a distance of 370.95 feet; more or less,
to its intersection with the dividing line between the North half in area
and the South half in area of said Government Lot 2 or its extension;
thence East along said dividing line to the Northwesterly corner of Halek's
Addition; thence Southwesterly along the Northwesterly line of Halek's
Addition to the most Westerly corner of Lot 7, Block 4, Halek's Addition;
thence Southeasterly along the Southwesterly line of said Lot 7 to the
Northwesterly line of County Road No. 130; Thence Southwesterly along
the Northwesterly line of said County Road to the South line of Section
26; thence West along the South line of said Section 26 'to the point of
beginning, said dividing line above referred to between the North half
in area and the South half in area of said Government Lot 2 as determined
by Decree of Court entered in Case No. 106838 of the District Court of
Hennepin County, is the North line of said Halek's Addition and the
Westerly extension thereof.
Subject to the right of the State to use or reclaim for any public purpose
that portion of said land which lies between the high watermark and the low
water mark of said Palmer Lake. Also
The Title to the land involved herein is subject to a reservation by Federal
Farm Mortgage Corporation of a 50 percent interest in the right and title
to any and all oil, gas and minerals in or under said land with an easement
for ingress and use of the surface of said land as may be incidental or
necessary to the use of such rights.
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
3,100.00 on the following terms:
a. $200.00 earnest money payable upon execution of the
purchase agreement.
b. $2,900.00 payable on or before July 31, 1967 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.
RESOLUTION NO. 67 -179
Tune 12, 1967
Date "Mayor
ATTEST:_ ar'
C erk''
The motion for the adoption of the foregoing resolution was duly seconded by
member Theodore Willard and upon vote being taken thereon
the following voted in favor thereof: Philip Cohen, john Leary, Howard Heck
and Theodore Willard,
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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