HomeMy WebLinkAbout1997-024 EDAR1
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Commissioner Kathleen Carmody introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO. 97 -24
RESOLUTION APPROVING SETTLEMENT AGREEMENT FOR
ACQUISITION OF 610 -53RD AVENUE NORTH
WHEREAS, Economic Development Authority (EDA) Resolution No. 97 -04
accepted the appraised value of $128,000 for the real property located at 610 -53rd Avenue North
and authorized the EDA Executive Director to make an offer to purchase the property at 610 -53rd
Avenue North for the approved appraised value; and
WHEREAS, the owners of the real property at 610 -53rd Avenue North have
rejected the offer from the Brooklyn Center EDA to purchase the property at 610 -53rd Avenue
North for the appraised value approved by the EDA in Resolution No. 97 -04; and
WHEREAS, the EDA has commenced an action in eminent domain filed in
Hennepin County District Court as Case No. CD -2444 to acquire the property at 610 -53rd Avenue
North by quick take; and
WHEREAS, the owners of 610 -53rd Avenue North have retained legal counsel to
represent their interests in the eminent domain action; and
WHEREAS, the owners' legal counsel has indicated he has obtained an opinion of
value from a licensed appraiser in the amount of $134,000 for the property at 610 -53rd Avenue
North; and
WHEREAS, a negotiated settlement agreement (Stipulation to Award) for the
acquisition of the real property at 610 -53rd Avenue North in the amount of $136,893.20 has been
prepared by the City Attorney; and
WHEREAS, staff believes the cost of proceeding with the eminent domain action
on the property is likely to exceed the cost of acquiring the property with the settlement
agreement; and
WHEREAS, the Economic Development Authority in and for the City of Brooklyn
Center believes it is in the best interest of the City of Brooklyn Center to acquire the property at
610 -53rd Avenue North, pursuant to the terms and conditions of the settlement agreement
(Stipulation to Award) which is hereby attached to and made part of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center that the settlement agreement (Stipulation to
Award), prepared for the acquisition of 610 -53rd Avenue North, is hereby approved and payment
is authorized pursuant to the terms and conditions of the attached settlement agreement (Stipulation
to Award).
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EDA RESOLUTION NO. 97 -24
August 25, 1997
Date
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
Kay Lasman and upon vote being taken thereon, the following voted in favor
thereof:
Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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EDA Resolution No. 97 -24
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Economic Development Authority in and for
the City of Brooklyn Center, a public body
corporate and politic under the laws of
the State of Minnesota,
vs.
Gordon NL Olsen, et a1.,
THIS STIPULATION is made as of August 25 1997 by and between the
Petitioner Economic Development Authority in and for the City of Brooklyn Center and
Respondents Selwin S. Ortega and Odelia Ortega (the "Respondents acting by and through their
respective attorneys.
WHEREAS, Respondents are the owners of the real estate located at 610 53rd Avenue
North in the City of Brooklyn Center, legally described on the attached Exhibit A (the "Proper-
ty"); and
WHEREAS, the Petitioner commenced this action in order to acquire fee simple absolute
title to the Property; and
WHEREAS, the parties to this stipulation have negotiated a full and final settlement of
the instant action as it pertains to the interests of Respondents.
NOW, THEREFORE, the parties agree as follows:
1. Respondents stipulate that the fair market value of the Property is $136,393.20.
C?Fi127635
BR305 -64
STIPULATION TO AWARD
Petitioner, (PARCEL 9)
Respondents.
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Case Type: Condemnation
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Court File No. CD -2444
v.. s.- +v r.rn S s c T R- ,77
FDA Resolution No. 97 -24
2. Respondents agree That the court- appointed commissioners may enter an award with
respect to the Property, in the amount of $136,393.20, plus $500.00 for reimbursement of
appraisal fees, for a total award of $136,893.20. The award shall be apportioned as follows:
$2,786.40 in favor of Hennepin County for 1997 real estate taxes; $0 in favor of Goldberg
Bonding Co. and the City of Brooklyn Center; $500.00 to Respondents for reimbursement of
appraisal fees; and the balance of $133,606.80 jointly in favor of Respondents, First Nationwide
Mortgage Corporation, Norwest Bank Minnesota, N.A., and Milton R. Carlson. It shall be
Respondents' obligation to pay outstanding real estate taxes, special assessments, and mortgages,
and liens, if any, against the Property.
3. The Respondents and petitioner waive their respective rights to appeal from the
award of commissioners, provided the award is in the amount of $136,393.20.
4. The Respondents acknowledge that $128,000.00 of the award has been paid by
deposit with the district court. The Respondents may make an appropriate motion to the district
court to withdraw the funds on deposit for the Property, with notice to all persons holding
interests in the Property.
5. Within 30 days following the filing of the commissioners' award, the petitioner
agrees to pay the sums below, in the manner specified below:
a the balance of the just compensation amount, in the sum of $8,393.20, plus
interest accruing from June 17, 1997 at the rate of five percent per annum., as
further provided in the following paragraph 6; such payment shall be by check
payable jointly to the Respondents and their mortgagees; provided, however, that
if petitioner provides evidence satisfactory to the petitioner that the mortgages in
question have been satisfied, then the petitioner will omit such mortgagees as
payees on the check; and
CAH127438
HR30S -64
b. the S500.00 appraisal reimbursement award; such payment shall be by check
payable jointly to the Respondents.
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EDA Resolution No. 97 -24
6. The petitioner's obligation to pay the $8,393.20, plus interest, is subject to the
following conditions:
a. Real estate taxes due and payable in 1997 must have been paid in full, together
with all penalties and interest, if any. If said taxes have not been paid in full,
petitioner may deduct from the just compensation balance an amount necessary to
pay said taxes, together with penalties, and interest, if any, and pay said taxes on
Respondents' behalf.
7. This stipulation shall be null and void if, prior to September 8, 1997, the petitioner
determines that the Respondents have disposed of any waste oil or other petroleum product or
hazardous substance on the Property.
CAK227438
BR305 -64
b. Respondents must have removed from the Property all moveable personal
property, including, without limitation, refrigerators, washers, dryers, containers
of waste motor oil and any other similar substances, and all other moveable
personal property of any kind. If Respondents have not removed such personal
property by September 1, 1997, the petitioner may deduct $1,000.00 of the balance
due to Respondents and may use such funds to pay for disposal of all moveable
personal property remainins on the Property.
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KENNEDY GRAVEN, CHARTERED
By
Conine H. Thomson (149743)
470 Pillsbury Center
Minneapolis, Minnesota 55402
Telephone: (612) 337 -9300
Attorneys for Petitioner
CA11127438
B11305 -64
EDA Resolution No. 97 -24
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PAUL R CARLSON, ESQ.
By
Paul R. Carlson
12700 Anderson Lakes Parkway, Suite 106
Eden Prairie, MN 55344
Telephone: (612) 942 -7269
Attorney for Respondents
Selwin S. Ortega
Odelia Ortega
Name
Nature of Interest
Selwin S. Ortega
Fee owner
Odella Ortega
Fee owner
First Nationwide Mortgage Corporation, a
Delaware corporation
Mortgagee
Norwest Bank Minnesota, N. A., formerly
known as First Minnesota Savings Bank,
F.S.B.
Mortgagee
Milton R. Carlson
Mortgagee
Goldberg Bonding Co.
Possible holders of an interest
All other parties unknown having any right,
title or interest in the premises herein, to-
gether with the unknown heirs or devisees,
if any, of the parties that may be deceased,
and including unknown spouses, if any
Possible holders of an interest
City of Brooklyn Center
Special assessments
County of Hennepin
Real estate taxes
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EDA Resolution No. 97 -24
EXHIBIT A
Parcel 9 (Abstract) (PID No. 01 118 21 43 0074):
Property Address: 610 53rd Avenue North, Brooklyn Center
Description of Property to be Taken:
The East 100 feet of West 199.32 feet of Lot 11, Block 2, Bellvue Acres, according to the plat
on file in the office of the County Recorder, Hennepin County, Minnesota
CAR127439
BR305 -64
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