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.