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Home My WebLink About6.r. VanHorn Purchase Agreement - County Road 73, City Project #399AGENDA ITEM: VanHorn Purchase Agreement County Road 73, City Project #399 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer '6 AGENDA NO. 6r• ATTACHMENTS: Map; Purchase Agreement APPROVED BY: t/ RECOMMENDED ACTION: Motion to Enter into a Purchase Agreement with Thomas F. VanHorn, 14125 Akron Avenue, and Authorize the Necessary Signatures. �i ROSEMOUNT CITY COUNCIL Special City Council Meeting: August 4, 2008 ISSUE: BACKGROUND: SUMMARY: EXECUTIVE SUMMARY Consider purchase of property at 14125 Akron Avenue associated with planned improvements for Akron Avenue (County Road 73). As part of the planned improvements for Akron Avenue (County Road 73), the acquisition of right -of -way from four exception parcels to the larger adjacent properties is necessary. In early 2007, appraisals were completed and offers made to the four exception parcels for the proposed right -of -way acquisition. Due to the project schedule delay for Akron Avenue (County Road 73), there has been minimal work towards the acquisition of right -of -way until now with a more defined project schedule for Akron Avenue and associated trunk utility improvements. As previously discussed with Council, Thomas F. VanHorn the owner of property located at 14125 Akron Avenue has approached the City and requested City consideration to purchase his entire property for the amount of $255,000. This amount is consistent with the appraisal property value of $245,000 identified by the City's appraisal for the proposed right -of -way acquisition. Of the proposed purchase price of $255,000, a cost of $67,900 is attributable to the planned Akron Avenue (County Road 73) project with 55 percent of this amount being reimbursed by Dakota County. The balance of $187,100 is proposed to be funded by the core funds with any future use reimbursing these funds accordingly. Attached for Council consideration is purchase agreement with Thomas F. VanHorn for the purchase of 14125 Akron Avenue. Staff recommends Council authorize the purchase agreement with Thomas F. VanHorn of 14125 Akron Avenue for the County Road 73 Improvements, City Project #399. G: \ENGPROJ \399 \VanHom Purchase AgreementCC8- 4- 08.doc PURCHASE AGREEMENT L PARTIES. This Purchase Agreement is made this day of 2008, by and between Thomas VanHorn, a single person "Seller and the CITY OF ROSEMOUNT, a Minnesota municipal corporation "Buyer 2. SUBJECT PROPERTY. Seller is the owner of that M inn n s to and lega described" located at 14125 Akron Avenue in Rosemount, Dakota County, as follows: corner of the North One -half (N of the Commencing at a point on the Northeast (NE) Township One Hundred Fifteen Northwest Quarter (NW /d) of Section Twenty -seven (27), (115), Range Nineteen (19); thence running due South on the section line 836.58 feet to the point of beginning; thence West 208.71 feet; thence Smith 208.71 feet; thence East 208.71 feet; thence North 208.71 feet to the place of beginning; except therefrom the South 100 feet, all in Section Twenty -seven (27), Township One hundred Fifteen (115), Range (19), according to the Government Survey thereof. 3. OFFER/ACCEPTANCE. In consideration of the mutual a he by is he rei n Buye Buyer offers and agrees to purchase and Seller agrees to sell exclusive right to purchase the Property, together with all appurtenances. Beme 4. ACCEPTANCE DEADLINE. This Purchase Agnt shall be presented to the Buyer's fully executed by Sellers herein. If city council within 30 days of the date it is submitted to Buyer, the Buyer's city council does not approve this Purchase Agr ement, this Agreement shall be null and void and all Earnest Money shall be refunded to the Buyer. 5. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for 2 the OOOl estate included in this sale is Two Hundred Fifty-Five Thousand Dollars B. TERMS: EARNEST MONEY. Seller aclnowledges receipt of $1.00 as Earnest Money from Buyer. BALANCE DUE AT CLOSING. Buyer agrees to pay the balance of the Purchase Price by check on the Closing Date, less any adjustments as provided by this Purchase Agreement. er DEED/MARKETABLE TITLE. Subject mark t tle agrees to execute and deliver a Warranty Deed conveying a following Property to Buyer, subject only a Building and zoning laws, ordinances, state and federal regulations. 336226/3 CDR RS220 -283 811 -d 900 /Z00'd 891 -1 0186188Z19+ A -1 U A J$ V Ap9UU9)I —woad 89:81 80 -08 -10 b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Utility and drainage easements that do not interfere with Buyer's intended use of the Property. 6. DOCUMENTS TO BE DELIVERED AT CLOSING. to In addition to the Warranty Deed required at paragraph 6B (2) above, Seller shall A. Standard form Affidavit of Seller. B. Evidence satisfactory to Buyer that the lease awa�►�ohDanny ahti for services to Belden has been terminated as required by the Property have been paid. C. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A_ Buyer and Seller agree to prorate the real estate taxes due and payable in 2008. B. Seller shall pay at or before closing the unpaid balance of all levied special assessments. C. Buyer shall assume all special assessments against the Property that are levied or become pending after the date of this Purchase Agreement. For purposes of this agreement, an assessment becomes pending when the assessing authority orders the project after the completion of an improvement hearin p ursuant to Minn. Stat. Ch. 429. ce of 8. MARIETABILITY OF TITLE. The Seller, within a reasonable time after t pf n tle to this agreement, shall furnish Buyer with an abstract of title or registered property the Property for review by Buyer's title insurance compaay. If anabstractis not company available, Buyer will obtain a commitment for a policy of title insurance from a title choice. Buyer shall have ten (10) business days after receipt of a title commitment based upon the sall abstract to examine the same and to deliver written objections ure to defects, at the Sellet's In have twenty (20) days after receipt of written objections Date, the event that title to the Property cannot be made marketable by the Seller by the Closing then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. e to be 9. CLOSING DATE. The closing of the sale of the Property shall b a p lace The closing mutually agreed upon by the Seller and Buyer, but no later than or such other shall take place at Buyer's offices, 2875 145 Street West, Rosemount, Minnesota, 336226v3 CBR i5220.283 811 -d 900 /E00'd 991 -i 01E81EEZ19+ A -2 uene2g t► Apeuuex —Maid 1►9Wel 80 -0E -10 location as mutually agreed upon by the parties. ler will be responsible for 10. CLOSING COSTS AND RELATED �f an abstract, the resear lz fees charged in payment of abstract update costs or, in the absence connection with the title commitment. Seller is also responsible for recording fees D i n to me is required to establish marketab�e�le S p shall bl fo payme of all closing rag Unless otherwise provided costs and fees, including but not limited to state deed tax, conservation fees, d posts ice premium, etc., except that each party shall be responsible for its own attorneys ssession of the 11. POSSESSION /CONDITION OF PROPERTY. h5 ellere� exist d on date of this Property to Buyer at Closing in the same condition Belden and Ica M. Belden under Purchase Agreement. The Property is now occupied by Danny D. with law so a house lease dated June 22, 2007. Seller. shall terminate Bu p t Closing free and clear f any interests that possession of the Property can be deliver ed to Buyer at of the Beldens. 12. DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 13. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Sellllermakediscloses the that there is an individual sewage treatment system on or serving no representation or warranty regarding the condition of any individual sewage treatment system on the Property. uyer 14. CONDITION OF SUBSOIL AND GROUND th ere A havee been no acts or occurrences that during the time the Seller has owned the ter the Property that have caused or could cause impurities s for or period of t'n' °oY f Property or other adjacent properties. This warranty shall survive following the date of Closing. 15. WELL DISCLOSURE. Seller certifies that there is a well on the Property. al 16. SELLER'S WARRANTIES Seller warrants that there has been no is labor there a furnished to the property for which payment has not been made. Seller of the Property. These present violations of any restrictions relating to the use or improvement warranties shall survive the closing of this transaction. Buyer and Seller acknowledge the following: (a) Buyer is 17. RELOCATION BENEFITS. b purchasing the Property in connection with a road and utility imp Buyer c Seller project; (b) (b) proposed initially proposed to acquire an easement over only a portion of the Property; (c) if Buyer and Seller were unable to reach mutually that Buyer purchase the entire Property; (d Y agreeable terms for the purchase of the entire Property, Buyer would lrou g am en domain re the pe but would acquire only an easement over a portion of the Property he 336226V3 CBR RS220 -283 811 -d 900 /POO d 891 -1 0168188219+ A -3 ueneJg a itpeuuaj -woId PS :el 80 -0E -10 easement would not cause any occupant to be displaced from the Property; (e) Seller entered into this Purchase Ag with the express understanding that the Purchase Pncc represents a full and final compromise of any claim for just compensation of the Property and any relocation benefits to which Seller might otherwise be entitled. Buyer expressly re ac nt tg th te bas is responsible for providing relocation benefits and services authority to waive tenant's rights to such benefits and services. 18. BROKER COM1vIISSIONS. The Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom either has negotiated r any whom h all either has agreed to pay a broker commission. r finders' fees in connection vvith� negotiations for purchase of claims for brokerage commissions the property arising out of any alleged agreement brokerage ominissions or finders' fees in Seller agree to indemnify Buyer for any and all claim s for out of any alleged agreement or connection with negotiations for purchase of the Property arising commitment or negotiation by Seller. 19. NO MERGER OF REPRESENTATIONS, WARRANTEES. All representations and warranties contained in this Purchase Agreement shall be bound accordingly. 20. into any instruments or conveyance delivered at Closing, and the parties shall 20. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 21. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller. hich may or shall be 22. NOTICE. Any notice, demand, request or o other m sae on on the date the same is given or served by the parties shall be deemed to have been g` and addressed as deposited in the United States Mail, r. gistered or certified, postage ag prepaid follows: a. If to Seller: Thomas Van Horn 1540 Humboldt Avenue, Suite 100 West St.Paul, MN 55118 b. If to Buyer: City of Rosemount ATTN: Andrew Brotzler 2875 W. 145 St. Rosemount, MN 55068 336226V3 CBR PS220 -283 81l —d 900 /S00'd 891 -1 0168166219+ A4 Men g RpauuS) -MOld Wel 80 -06 —l0 with a copy to: Corrine A. Heine, Esq. Kennedy Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 612 337 -9 CE. This Purchase Agreement may be specifically enforced by 23. SPECIFIC PERFORMANCE. the parties, provided that any action for specific enforcement is brought within six months after the date alleged breach. This paragraph is not intended to create l excin lusive remedy for breach law of this s the el g agreement; the parties reserve all other remedies available at 24. COUNTERPARTS. This Purchase umber of chase Agreement may be executed in any n counterparts, each of which shall constitute on and the same instrument. date. IN WITNESS WHEREOF, the parties have executed this agreement as of the above SELLER. 336226v3 CBR RS220 -263 822 -d 900/900'd 991 -1 01€62€€Z19+ By: Its Mayor By: A -5 --114-crnevt /0Ad d0A--- Thomas Van Horn BUYER CITY OF ROSEMOUNT Its City Clerk NM/ 9 RpeuuaN -woJd v9:El eo -09 -20 Akron Avenue VanHorn Parcel LI VAY 0 0 I- TRL 142ND ST _W pre 0 250 500 145TH ST W (CSAH 42) 1,000 TJGIS/City /Maps/Departmental Maps/Engineering/Chris/Akron VanHorn Parcel.mxd 1,500 2,000 Feet N July 2008