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HomeMy WebLinkAbout1995 04-24 EDAP Regular Session CITY COUNCIL AGENDA -3- April 24, 1995 EDA AGENDA CITY OF BROOKLYN CENTER APRIL 24, 1995 (following adjournment of City Council meeting) I. Call to Order 2. ..Roll Call 4�1_'L 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine y the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes: March 27, 1995 - Regular Session - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. b. Resolution Accepting Proposal for Appraisal Services Pursuant to Eminent Domain Proceedings on the Brookdale Motel Located at 6500 West River Road °� J� �_ #1 '7 4. Commission Consideration Items t)r`` L�= a. Public Hearing Regarding the Sale of Landated at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity 1. Resolution Authorizing Execution of Purchase Agreement for the Sale of Land Located at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity 5. Adjournment l cy / • EDA AGENDA CITY OF BROOKLYN CENTER APRIL 24, 1995 (following adjournment of City Council meeting) Rough Draft 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes: March 27, 1995 - Regular Session - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. b. Resolution Accepting Proposal for Appraisal Services Pursuant to Eminent Domain Proceedings on the Brookdale Motel Located at 6500 West River Road • 4. Commission Consideration Items a. Public Hearing Regarding the Sale of Land Located at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity 1. Resolution Authorizing Execution of Purchase Agreement for the Sale of Land Located at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity 5. Adjournment • Council Meeting Date April 24, 1995 3 City of Brooklyn Center Agenda Item Num ? ber ot� Request For Council Consideration • Item Description: EDA Minutes - March 27, 1995 - Regular Session Department Appr al: G. Brad offman, Director of Community Development 0 0 � Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: e Summary Explanation: (supporting documentation attached Yes ) March 27, 1995 - Regular Session Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. • MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 27, 1995 CITY HALL CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 9:50 p.m. ROLL CALL President Myrna Kragness, Commissioners Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Community Development Specialist Tom Bublitz, Planning and Zoning Specialist Ron Warren, Director of Public Services Diane Spector, City Attorney Ron Batty, and Council Secretary Barbara Collman. Commissioner Barb Kalligher was excused from tonight's meeting. APPROVAL OF AGENDA AND CONSENT AGENDA President Kragness inquired if any Commissioner requested any items be removed from the consent agenda. No requests were made. There was a motion by Commissioner Mann and seconded by Commissioner Carmody to approve the agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF MINUTES MARCH 13 1995 - REGULAR SESSION There was a motion by Commissioner Mann and seconded by Commissioner Carmody to approve the minutes of the March 13, 1995, EDA meeting as printed. The motion passed unanimously. 3/27/95 - 1 - RESOLUTIONS RESOLUTION NO. 95 -10 Commissioner Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 CAPITAL OUTLAY BUDGET FOR THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kathleen Carmody, and the motion passed unanimously. CONSIDERATION ITEMS SALE OF LAND TO HABITAT FOR HUMANITY The City Manager introduced a purchase proposition from Habitat for Humanity for property at 5305 Bryant Avenue North. Commissioner Hilstrom asked how a basement would be made handicapped accessible. The Community Development Specialist noted not all residents would probably be disabled and a basement would be necessary for the purpose of future resale and to make the property fit in well with the neighborhood. Commissioner Hilstrom asked whether the appliances will be located in the basement. The Community Development Specialist said he could not comment on that issue. The City Manager noted the public hearing will provide an opportunity to get that information from the applicant. President Kragness commented Habitat for Humanity is a wonderful organization and she supports the program in Brooklyn Center. Commissioner Mann agreed and said she looks forward to more projects of this type. RESOLUTION NO. 95 -11 Commissioner Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE SALE OF LAND TO HABITAT FOR HUMANITY BY THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER AND AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE A PURCHASE AGREEMENT FOR THE SALE OF SUCH LAND LOCATED AT 5305 BRYANT AVENUE NORTH IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kathleen Carmody, and the motion passed unanimously. 3/27/95 -2- DEFERRED LOAN The City Manager presented details concerning this loan in connection with a rehabilitated home. Commissioner Mann noted she had previously asked questions of the Community Development Specialist with regard to this matter. She stated the City Council's granting of this loan would not prevent another resident in dire need from receiving a loan as well. She commented the action would result in an improved exterior, which was an objective of the former Council. President Kragness asked whether this is the second request concerning the same property. It was confirmed that it is. RESOLUTION NO. 95 -12 Commissioner Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY DEFERRED LOAN (FILE NO. H -131 [8057]) The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kathleen Carmody, and the motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Hilstrom and seconded by Commissioner Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic Development Authority adjourned at 9:51 p.m. President Recorded and transcribed by: Barbara Coltman . TimeSaver Off Site Secretarial 3/27/95 - 3 - Council Meeting Date 4/24/95 31 City of Brooklyn Center Agenda Item Number u Request For Council Consideration • Item Description: Resolution Accepting Proposal for Appraisal Services Pursuant to Eminent Domain Proceedings on the Brookdale Motel Located at 6500 West River Road Department Approval: Tom Bublitz, Community Developme i Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommendation: Staff recommends approval of Resolution Accepting Proposal for Appraisal Services Pursuant to Eminent Domain Proceedings on the Brookdale Motel Located at 6500 West River Road. Summary Explanation: (supporting documentation attached No ) EDA Resolution 94-46 authorized the acquisition of the Brookdale Motel located at 6500 West River Road by either direct negotiated purchase or by eminent domain. Over the past few months, staff has been negotiating with the owner and the owner's attorney for the acquisition of the motel property. A negotiated settlement could not be reached, and the owner wanted between $35,000- 60,000 more than staff felt it could reasonably recommend for the acquisition. Negotiations were made more difficult by the reluctance of the owner to provide reliable income and operating information on the motel operation. Condemnation orders were served on the owners of the motel property at the end of March. As part of the eminent domain process, the City must complete an appraisal on the property. Proposals were solicited from two qualified appraisal firms, Bakken & Liedl, Inc., and Peter J. Patchin & Associates, Inc. Both firms submitted an identical quote of $5,500 for the complete appraisal. However, as stipulated in the attached resolution, the cost for a limited appraisal is $2,850 for Peter J. Patchin & Associates, and $4,000 for the Bakken firm. The limited appraisal is a less in -depth appraisal, but if the buyer and seller agree on the limited appraisal amount, a settlement may be reached and the eminent domain process ends at that point. Also, it should be pointed out that the limited appraisal cost is not an additional cost, but part of the $5,500. Additionally, the hourly rate of $100 -150 per hour for the Peter J. Patchin firm is less than the $175 hourly rate for the Bakken firm. The hourly rate becomes important if the appraiser is required to offer testimony at the condemnation proceedings. • Because of the lower limited appraisal cost and hourly rates, staff is recommending the proposal from Peter J. Patchin & Associates be accepted. Additionally, Peter J. Patchin & Associates has conducted an appraisal on a similar sized motel within the past year which will be valuable experience when conducting the appraisal on the Brookdale Motel. Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR APPRAISAL SERVICES PURSUANT TO EMINENT DOMAIN PROCEEDINGS ON THE BROOKDALE MOTEL LOCATED AT 6500 WEST RIVER ROAD WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center ( "EDA ") Resolution 94 -46 authorized the acquisition, by direct purchase or eminent domain, of the Brookdale Motel, 6500 West River Road, for the purposes of implementing a redevelopment plan adopted by the EDA on April 25, 1994; and WHEREAS, eminent domain proceedings have begun for the acquisition of the Brookdale Motel; and WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center has received two proposals for appraisal services with regard to eminent domain proceedings for the acquisition of the Brookdale Motel located at 6500 West River Road; and WHEREAS, the proposals received are summarized by the following: • Peter J. Patchin & Associates Bakken & Liedel, Inc. Complete Appraisal Cost $5,500 $5,500 Limited Appraisal Cost $2,850 $4,000 Hourly Rates $100 -150 per hour $175 per hour WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center has determined that it is in the best interest of the City of Brooklyn Center to accept the proposal from Peter J. Patchin & Associates, Inc. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that the proposal for appraisal services from Peter J. Patchin & Associates, Inc., is hereby accepted and the Executive Director is hereby authorized to execute an agreement for appraisal services with Peter J. Patchin and Associates, Inc. BE IT FURTHER RESOLVED that the cost of appraisal services for the Brookdale Motel eminent domain proceedings be paid from the EDA special operating fund. 'I EDA RESOLUTION NO. • Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Council Meeting Date 4/24/95 3 City of Brooklyn Center A Item Number Request For Council Consideration Item Description: Resolution Authorizing Execution of Purchase Agreement for Sale of 5305 Bryant Avenue North to Twin Cities Habitat for Humanity Department Approval: i Tom Bublitz, Coi6munity De opme i Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommendation: Staff recommends approval of Resolution Authorizing Execution of Purchase Agreement for Sale of 5305 Bryant Avenue North to Twin Cities Habitat for Humanity. • Summary Explanation: (supporting documentation attached Yes ) At the March 27, 1995, EDA meeting, the EDA Board authorized a public hearing on the sale of the EDA -owned single - family lot at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity. State law requires a public hearing on the terms and conditions of the sale of all EDA -owned property. A copy of the public hearing notice is included with this request form. Twin Cities Habitat for Humanity is proposing to construct a single - family home on the property, similar to the homes constructed by Habitat for Humanity on the lots at 6730 Perry Avenue North and 5206 Drew Avenue North. The home will be a rambler with basement and garage, similar to the two previous homes built by Habitat. If the sale of the lot is approved, Habitat would complete construction on the home by this fall. At the March 27, 1995, EDA meeting, staff brought up the possibility of constructing a handicap - accessible house on the lot at 5305 Bryant Avenue North. At this point, the issue of constructing a handicap - accessible house has not been resolved by Habitat. Habitat has indicated to staff that they are looking at the possibility of relocating an existing Habitat homeowner to this house. Apparently, the homeowner's son is confined to a wheelchair, and they now occupy a split -level home which is not accessible for someone who is in a wheelchair. The problem with this specific homeowner is that by moving, they would be relocating from their existing school system and support system in their present neighborhood and the trade -off for an accessible house may not be the most advantageous for this e particular family. From the City's perspective, whether or not the home is accessible, the exterior will look similar to a non - accessible or standard home. I have asked the Habitat representatives to address this issue at Monday's public hearing. Representatives from the church sponsors working with Habitat for Humanity on this home have Request For Council Consideration Page 2 informed me that they will be doing a walk- through of the Bryant Avenue neighborhood this Saturday, April 22, to explain what they are proposing for the 5305 Bryant Avenue lot and inform the residents • with regard to the public hearing scheduled for Monday. Representatives from Habitat for Humanity will be present at the public hearing to review the plans for the house proposed for the lot and to answer any questions the Council or public may have regarding this project. The resolution included with this request form would approve the terms and conditions of the purchase agreement for the conveyance of the 5305 Bryant property to Habitat for Humanity. This purchase agreement has been used in each of the other two conveyances to Habitat. April 5, 1995 NOTICE OF PUBLIC HEARING REGARDING THE SALE OF LAND BY THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER Notice is hereby given that the Economic Development Authority in and for the City of Brooklyn Center will hold a public hearing on April 24, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, pursuant to Minnesota Statutes Section 469.029, Subd. 2, regarding the proposed sale of the following described property to Twin Cities Habitat for Humanity: The South 1/2 of the following described property: The East 1/2 of that part of Lot 9, lying East of Colfax Avenue North, and the East 14 feet of the West 1/2 of that part of Lot 9, lying East of Colfax Avenue North, all in Block 4, Bellvue Acres (5305 Bryant Avenue North), and the provisions of such sale. All persons desiring to be heard shall appear at the time and place referenced above. Dated: April 5, 1995 Myrna Kragness, President (Published in the Brooklyn Center Sun -Post on April 5, 1995) • PURCHASE AGREEMENT 5305 BRYANT AVENUE NORTH, BROOKLYN CENTER, MINNESOTA THIS AGREEMENT, made and entered into this 24th day of April, 1994, by and between the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a Minnesota municipal corporation with offices at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 (the "Seller ") and TWIN CITIES HABITAT FOR HUMANITY (the "Buyer "). WITNESSETH: 1. Description of Land Sold. Seller, in consideration of the covenants and agreements of Buyer hereinafter contained, hereby sells and agrees to convey unto Buyer, or its successors and assigns, by quit claim deed, upon the prompt and full performance by Buyer of its part of this Agreement, the tract of land lying and being in the County of Hennepin, legally described in Exhibit A attached hereto (hereinafter "land sold herein" or the "Property "). 2. Purchase Price. Buyer, in consideration of the covenants and agreements of Seller contained herein, hereby agrees to purchase the Property and agrees to pay to Seller as and for the purchase price the sum of One Dollar ($1.00) (the "Purchase Price "). The • Purchase Price shall be payable by Buyer to Seller at closing. 3. Taxes and Special Assessments. Property is exempt from real estate taxes payable in the year 1995. There are no special assessments currently levied against the Property. Buyer shall pay (and hereby assumes) all real estate taxes and installments of special assessments relating to the land sold herein which become due and payable after the date of closing. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this contract is dated are paid in full. Sewer availability charges (SAC) attributable to the Property shall be paid by Seller. 4. Right of Entry. Buyer shall have the right, prior to the Closing Date, to enter upon the land sold herein for the purpose of taking soil tests, borings, making surveys and maps and performing preliminary investigative work in connection with the Buyer's purchase of land sold herein, provided, however, that Buyer shall indemnify and hold harmless Seller from any mechanic liens or any claim arising out of such preliminary development work by Buyer. 5. Closing Date. The Closing Date shall be held on or before July 1, 1995. The closing shall take place at the offices of Holmes and Graven, Chartered, 470 Pillsbury Center, • -1- Minneapolis, Minnesota 55402. At the closing, Seller and Buyer shall deliver to one another the instruments and funds specified herein. Possession of the land sold herein shall, subject to the terms of Paragraph 4 hereof, be delivered to Buyer on the Closing Date. 6. Title. Unless waived by Buyer, performance by Buyer hereunder shall be expressly contingent upon the Buyer being able to obtain, at his own expense, an Owners Title Policy in the amount of the Purchase Price, or other evidence of title satisfactory to Buyer, showing good and marketable title in Seller. Buyer shall be allowed ten (10) days from the date of this Agreement to investigate the state of title to the Property and to make any objections thereto, said objections to be made in writing or deemed to be waived. Pending cure of the objections, the payments hereunder required shall be postponed, but upon cure of the objection and within five (5) days after written notice, Buyer shall perform as provided in this Agreement. If the objections to title are not cured within one hundred and twenty (120) days from the date of written objection thereto as above provided, this Agreement shall, at the option of Buyer, be void and neither party shall be liable for damages hereunder to the other party; but if the objections shall be cured within said time, and Buyer shall default in any of the agreements and continue to default for a period of five (5) days after written demand by Seller upon Buyer setting forth the specific default of Buyer hereunder, then, and in that case, Seller may terminate this Agreement. 7. Warranties of Seller. Seller represents and warrants, which representations of warranty shall be true as of the Closing Date and shall survive the Closing (and shall be a condition precedent of the obligations of Buyer hereunder) as follows: (a) There is no environmental litigation pending or threatened against the Property. (b) The Property is served by a sanitary sewer system and municipal water system. Buyer acknowledges that except as aforesaid, the Property is being sold as is without any representations or warranties. 8. Closing Costs. Expenses of recording the Seller's warranty deed shall be paid by Buyer. State deed tax shall be paid by Seller. 9. Notices. All notices provided herein shall be given in person or sent by United States Mail, postage paid, to the parties at the following addresses (or such other addresses as either party may, from time to time, designate in writing to the other): If to Buyer, to: Mr. Stephen Seidel Executive Director Twin Cities Habitat for Humanity 3001 - 4th Street SE Minneapolis, MN 55414 i -2- 1 If to Seller, to: Economic Development Authority • In and For the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 With copy to: Corrine Heine Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 Deposit in United States Mail of said notice on the date such notice is to be given, or earlier, shall be deemed timely and acceptable. 10. Successors and Assigns; No Merger. The terms, covenants and conditions of this Purchase Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto, and shall survive closing and shall not merge with any deed or other instrument of conveyance. Time is of the essence of all matters to be performed in this Agreement. 11. Documents to be Delivered at Closing. The following documents shall be delivered at closing: By Seller: (1) A Quit Claim Deed. • (2) A Seller's Affidavit, in standard form. (3) Owner's Duplicate Certificate of Title, if applicable. (4) Well Disclosure Certificate. By Buyer: (1) The Purchase Price. (2) A Certificate of Real Estate Value. (3) Affidavit of Purchaser of Registered Land, if applicable. 12. Remedies Upon Default. In the event of default by Seller of any terms contained in this Agreement, Buyer shall have the right, at its option, to terminate this Agreement or to sue to enforce this Agreement by specific performance. In the event of default by Buyer, Seller shall have the right to terminate this Agreement as provided herein or by law, to enforce this Agreement by specific performance or to sue for damages. 13. Design Approval. Buyer shall not construct on the Property improvements which are not consistent with the design proposals for a detached single family residence approved by Seller. Prior to construction of any improvements on the Property, Buyer shall submit to Seller a design proposal for such improvements for approval by the Seller. Seller shall approve construction of such improvements only upon a determination, in the absolute and sole discretion of Seller, that the public interests would be served by construction of such improvements. No improvements shall be constructed on the Property which are not -3- consistent with such approved design proposal. 14. Well Disclosure Statement. Exhibit B attached hereto is a completed form of a Minnesota Well Disclosure Statement and is incorporated herein as if fully set forth herein. 15. Sale of Single Family Residence. Purchaser shall sell the detached single family residence constructed on the Property only to a person or persons of low and moderate income within one year from the date of closing. Low and moderate income person or persons shall be defined by an income not greater than eighty percent (80%) of the Minneapolis /St. Paul metropolitan MSA median household income as most recently approved by the Department of Housing and Urban Development for purposes of establishing Community Development Block Grant (CDBG) program income limits. Purchaser shall provide documentation acceptable to Seller of compliance with the income requirements specified in this paragraph. If the Purchaser does not comply with the requirements of this paragraph, then the Seller shall have the right to re -enter and take possession of the Property and to terminate and revest in the Seller title to the Property. The quit claim deed required to be provided under paragraph 10 shall include a reverter clause to effectuate the intent of this paragraph. IN WITNESS WHEREOF, Buyer and Seller have executed this Purchase Agreement on the date and year first above written. • TWIN CITIES HABITAT FOR HUMANITY By Its By Its • -4- ECONOMIC DEVELOPMENT AUTHORITY • IN AND FOR THE CITY OF BROOKLYN CENTER, A Minnesota Municipal Corporation By Its President By Its Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1995, by and the and , respectively, of Twin Cities Habitat for Humanity, a nonprofit organization. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument i g g e t was acknowledged before me this day of ' 1995, by and , the President and Executive Director, respectively, of the Economic Development Authority in and for the City of Brooklyn Center, a Minnesota municipal corporation. Notary Public • -5- EXHIBIT A LEGAL DESCRIPTION The South 1/2 of the following described property: The East 1/2 of that part of Lot 9, lying East of Colfax Avenue North, and the East 14 feet of the West 1/2 of that part of Lot 9, lying East of Colfax Avenue North, all in Block 4, Bellvue Acres PID #01- 118 -21- 340078 (5305 Bryant Avenue North) -6- A"Form No. 1519• W rm.no."IL&Qal s MINNESOTA WELL DISCLOSURE STATEMENT • Minnesota Law requires that before signing an agreement to sell or transfer real property after June 30, 1990, the seller must disclose information in writing to the buyer about the status and location of all known wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county and a map showing the location of each well In the disclosure statement the seller must indicate, for each well, whether the well is in use, not in use or sealed. A seller who fails to disclose the existence of a well at the time of sale and knew of, or had reason to know of, the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the well is located. Instructions for completion of this form are on the reverse side. 1. PROPERTY DESCRIPTION Street address: 5305 Bryant Avenue North, Brooklyn ('PntPr, MN HPnn Pnin i City C—q 2. LEGAL DESCRIPTION The South 1/2 of the fo described property: The East 1/2 of that part of Lot 9, lvia East of Colfax Avenue North and the East 14 feet o the West 1/2 of that part of Lot 9, lying East of Colfax Avenue North all in Block e _vue Acres 3. WELL DISCLOSURE STATEMENT (Check the appropriate boa.) • ® The seller certifies that the seller does not know of any wells on the above described real property. If this option is checked, then skip to the last line and sign and date this statement. ❑ The seller certifies that the following wells are located on the above described real property. MN. Unique Well Year of Well IN USE NOT IN SEALED Well No. Depth Const. Type USE Well 1 ❑ ❑ ❑ Well 2 ❑ ❑ ❑ Well 3 ❑ ❑ ❑ 4. SEALED WELL INFORMATION For each well designated as sealed above, complete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No 5. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided above is accurate and complete to the best of my knowledge. April 20, 1995 B.Ar Q D.aigtt.d A.P �"U- Dau EXHIBIT B Commissioner introduced the following resolution • and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR SALE OF 5305 BRYANT AVENUE NORTH TO TWIN CITIES HABITAT FOR HUMANITY WHEREAS, Minnesota Statutes Section 469.029, Subd. 2, requires a public hearing for the sale of land by the Economic Development Authority in and for the City of Brooklyn Center (EDA); and WHEREAS, EDA Resolution 95 -11 provided for a public hearing regarding the sale of land owned by the EDA to Twin Cities Habitat for Humanity and legally described as: The South 1/2 of the following described property: The East 1/2 of that part of Lot 9, lying East of Colfax Avenue North, and the East 14 feet of the West 1/2 of that part of Lot 9, lying East of Colfax Avenue North, all in Block 4, Bellevue Acres (5305 Bryant Avenue North) (the "property"); and WHEREAS, EDA Resolution 95 -11 authorized the EDA Executive Director to negotiate a purchase agreement for the sale of the property to Twin Cities Habitat for Humanity for $1.00; and • WHEREAS the Brooklyn Center EDA has held a public hearing regarding the'sale of Y P g g g the property pursuant to Minnesota Statutes Section 469.029, Subd. 2; and WHEREAS, the EDA Executive Director has prepared a purchase agreement for the sale of the property to Twin Cities Habitat for Humanity. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that the terms and conditions of the purchase agreement for the sale of the property to Twin Cities Habitat for Humanity are hereby approved. Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: i whereupon said resolution was declared duly passed and adopted.