HomeMy WebLinkAbout7.k. Rosemount Housing District Acquisition � ! • �
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TO: Mayor, City Council, City Administrator
FRC?M: Tracie L. Pechonick, Economic Dev. Specialist '�� �
� �
DATE: April 12, 1989
SUBJ: Dakota County NRA Purchuse of Property
Attached please find copies �1 (l) a Purchase AgreemenC between the Dakata
� County Housing and Redevelopment AuthoxiGy and Mr. John F. Ryan regarding
a single family residence located at 14695 Cameo t�venue itt Rosemount, �2) a
City Council Resolution approving the Dakota County HRA purchase of said
property; and (3) a map outtining the housing disxrict and the loeation of said
property.
The aforementioned property falls within a housing district set ug through the
1984 Mortgage Revenue Bond Program by the Dakata County HRA. Excess
funds from that housing pragram may be utilized for other eligible housing
activities, which was the purpase of dectaring this area as a hnusing distriet.
Upon approval from the Rosemouat Cily Cauncil, the property wiil be
purchased with excess funds from the 19$4 Mortgage Revenue Bond Program
(First Time Homebuyer's Program) '
The home in question is a very small, potentially substandard residence,
formerty own�d by Edward I�oyle, deceased. John F. Ryan, representative of
the Doyle Estate, inquirecl ab�ut the Cily's interest in che pr�perty last
winter. An appraisat was initiated and submitted ta Mr. Ryan. He indieated
the Estate would accept the appraised value of the property, vvhich was
placed at $37,000. �
' The Dakota County HRA is administering the housing district on behalf of the
City. They will not make an offer an the property untess authorixation is
received from the City. Staff feels [he acquisitic�n should be atttharized
because it is consistent with the intent of the hausing program and there is a
willing seller.
The reuse potential of the property has not treen determined. Alternatives
include renovating and expanding the home for sale/rental or clearing the site
for new construction. The lot in question is approximately 84' X 15U', which
would appear conducive for new c�nstruction.
Staff will be at the rneeting to acldress any questions the Council ��y have
regarding the housing program or the acquisition oI' this particular property.
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PURCHASE AGREEMENT . - •
Rosemount , Minnesota, March 16 , 1989
Reeeived of the Dakota County Iiousing and Redevelopment Authority the
sum of Fi ve hundred & no/100 �,�13��
�� 500.00 ) bY -- Ch ck
. (Check, Cash or Note - State Which)
as , earnest money and in par�payment for the purchase of praperty� iegaily
deseribed ass Rosepark Addition except the North lb feet of Lot 2, Block 3,
and all of Lots 3-6, Block 3.
located at (street address) 14695 Cameo Avenue
City of Rosemount • , County of Dakota, State of Minnesata,
ineluding all garden bulbs, plants, shruhs and trees, all s#orm sash, storm daors,
detaehable vestibules, sereens, awnings, window shades, blinds (including venet�sn
blinds), eurtain rods, tr�verse rods, drapery rods, iighting fixtures and bulbs,
piumbing fixtures, hot water tanks and heating plant (with any burners, tanks,
stokers and ather equipment used in conneetion therewith), water softener and
liquid gas tank and controls (Yf the property of seller), sump pump, television
antenna, ineinerator, built-in dishwas�er, garbage disposal, built-in ovens, caak top �
stoves and central or built-in sir eonditioning equipment, #f sny, used and loeated
� on said premises and also the following personal property:
all of which property the undersigned Seller has this day sold to Purchaser for ihe
sum of: Thirtv Seven Tho �San� & n�/tnn nollars �
($ 37,000.00), to be paid as follows: Earnest money herein paid of $ ��� ��
and $ 36,500.00 cash on or before �y 16, 198g , the date of elosing.
1. Seller hereby agrees to sell to Purehaser, free of any liens and
encumbranees except hereinafter referred to, the above-described property and the
Purchaser agrees to purehase the real .e�tate and any building improvements
eonstructed thereon.
2. Subjeet to performance by the Purehaser, the 3eiler agrees to .
execute and deliver a Warranty Deed {to be joined in by spouse, if any� conveying
marketable title to said premises subjeet only to the Pollowing exceptians
Reservation oP any minerals or mineral rights to ttte State of Minnesota. _
3. Seller hereby agrees to pay all real estate taxes levied against the
_ property herein sold due and gayable in the year of the closin�, and all prior years �
and all special assessments levied against said property prior to and ineluding the
closing date. � •
4. Seller covenants that buildings, if any, are entirely within the
boundary lines of the property. Seller warrants ail applianees, heating, sir
conditioning, wiring and plumbing used and located on said premises are ir� proper
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4. a • � . • • � . . . .. . .
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working order at date of closing. Purchaser has the right to inspeet premises prior
to elosing.
5. The Seller further agrees to deliver possession of praperty at date oi
elosing, provided that all conditions of this Agreemeni have been eomplied with,
and agrees to remove all personal property not ineluded herein and a11 debris from
the premises prior to possession date.
6. In the event this property is destroyed or substan#ially damaged by
fire or any other esuse before the closing date, this Agreement shall beeame null
and void, at the Purchaser's option, and the earnest maney shall be refunded to
Purehaser. . .
7. The Purchaser and Seller also mutually agree that pro rata
adjus#ments of city water and sewer charges, electricity and natural ggs charges,
and all other utility charges, and, in the case of income property, rents and eurrent
operating expenses, shall be made as of the date of closing.
8. The Seller shall within a reasanable time after aceeptance af this
Agreement, furnish an Abstract of Title or a Registered Property Abstraet
eertified to date to inelude proper searches covering bankrupteies, levied snd
pending assessments, and State and Federal judgments and liens. The Purehaser
shall be allowed twenty (20) days after reeeipt thereof for examination of said#ftl�:
and making of any objection thereto, said objeetions ta be mede in writin� or
deemed to b� waived. IP any objections are so made, the Seller shall b� allowed
120 days to make such title marketable. Pending correetian af title, payments
hereunder required shall be postponed, but upon eorree#ion of title and within the
twenty (20) days after written notiee to the Purchaser, the parties shall perform
this Agreement aecording ta its terms.
9. If said title is not marketabie and is not made so within 120 days
from the date of written objections thereto as above provided, this Agreement
shall be null and void, at option oF the Purchaser, neither party being liable �ar
damages hereunder to the other party, and earnest money shall be refunded to
Purehaser. If the title to said property be found marketable or be so made within
said time, and said Purchaser shall default in any of the ag�reements and continue
to default for a period of ten {10) days, t�en and in that ease, the �eller may
terminate this contract and on such termination, all ttte payments made upon this
eontraet shall be retained by said Seller as liquidated damages, time bein� c�f the
essence hereof. Purchaser shall not be responsible for any damages in excess of
prior payments. Seller's soie and exclusive remedy for breaeh of this Agreement
shall be cancellation of this Agreement and retention of the earnest money.
10. The Seller warrants that no toxie or hazardous substanees (inciuding,
without iimitation, asbestos, urea form formaldehyde, the group of organie
compounds known as polychlorinated biphenyls, and any hazardaus substanee as
defined in the Comprehensive Environmental Response, Coinpensat�oa and Ltability
Aet o� 1980 ("CERCLA"), 42 U.�.C. 3eetion 960i-9857, as amendedj have been
generated, treated, stored, released or disposed of, or otherwise deposited in or
located on the above-deseribed property, ineluding without iimitstian, the sucfaee
and subsurface waters oF the property, nar has any aetivity been undertaken on the
property which would cause (i) the property to become a hazardaus w�ste
treatment, storage or disposal faeility within the meaning of, or ptherwise bring
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the property within the ambit of, the Resource Gonservation and Aeeovery Act af
1976 ("RCRA"), 42 U.S.C. Section 6901 et s`eg., or any similar state Iaw or loeal
ordinance or any other Environmental Law, (ii) a release ar threatened release of
hazardous waste fram the property within the rneaning of, or otherwise bring the
property within the ambit of, CERCLA, or any simi3ar state law ar loeal ordinen�e
or any other Environmental Law, or (iii) the dYscharge of pollutants or effluents
- into any water source or system, ar the diseharge into the sir of any emissions,
whieh would require s perrnit under the Federal Wat�r Pollution Cantrol Aet, 33
U.S.C. Seetion 1251 et s�eg., or the Clean Air Aet, 42 U.S.C. Section 7401 et �e�c,.,
or any similar state law or local ordir�artce ar any other Environmentgl Law. The
Seller also warrants that there are no substances or�onditians in�ar an the property
which may support a elaim or eause of action under RGRA, CERCLA ar any other
federal, state oc loeal environmental statvtes, regulations, ordinanees or other
environmental regulatary requirements and that na underground deposits which
eause hazardous wastes or underground storage tanks sre toeated on #he property.
11. This Agreement is also subject to approval by the L?akot$ Courtty
Attorney's Office or legal counsel retained by the Dakotg County Hou�ing and
Redevelopment Authority. If these eonditions are not met, thi4 Agreement shall be
nuA and void and earnest money shall be returned ta Purehaser and neither party
: shall be liable for damages hereunder to the other party.
' 12. The delivery of all papers and monies srialY be made at the oPftce of
the Dakota County Housing and ftedevelopment Authorlty.
I (We), the undersigned, owners of The Dakota County Hvusing snd
the above-described property, do hereby Redevelopment Authority, �
Purchaser, ---
aecept this Agreement and sale agrees to purchase the aboue-deseribed
hereby made. property for the priee and on the
� terms and canditions set forth above.
THE DAKCITA GQUNTY H4iJS�NG
Seller AND REDEVELOPMENT AUTHORITY
Date
: �BY :�, ���
� Its Exeeutive Di etor
Seller -''1 � •-- �
Date
Date �
Note: In addition to the above terms, this purchase is contingent upon
the Dakota County Housing & Revelopment Authority receiving autharization
of the Rosemount City Council to proceed with this purchase.
��
DCHRA Seller
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CITY OF ROSEM011NT
RESOLUTION 1989 -
A RESOLUTION APPROVING THE PURCHASE OF
THE PROPERTY LOCATED AT 14b9S CAMEQ AVENUE, R4SE1�tOUNT, MINN�SOTA
BY THE DAKOTA COUNTY HOUSING AND REUE'VELOPMENT AUTHORITY
WHEREAS, the Dakota County Housing and Redeveldpment Authority has
offered to purchase the single family home located at 14695 Cameo Avenue,
Rosemount, Minnesota; legally described as: Rosepark Addition except the
North 16 feet of Lot 2, Block 3, and all of Lots 3-6, Block 3; and
WHEREAS, the Dakota County Housing and Redevelopment Authority will
purchase said property with excess funds fram the 1984 Mortgage Revenue
Bond Program; and
WHEREAS, said property fails within a housing district set up 6y the Dakota
Coun[y HRA through the 1984 Mortgage Revenue Bond Program for the
purpose of acquiring property in the interest of eliminating blighC and
encouraging rehabilitation; and
WHEREAS, the acquisition is consistent with the intent of the housing
program:
NOW, THEREFORE, BE IT [tESOLVED, that the City Cauncil of the City af
Rosemount, Minnesota, approves the Dakota Caunty Housing and
Redeveloprnent Authority purchase of property lncated at 14695 Cameo
Avenue, Rosemount, Minnesota,
ADOPTED this 18th day of April, 19$9.
Rollan Hoke, Mayor
ATTEST:
Stephan Ji1k, Administra[or/Clerk
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