HomeMy WebLinkAbout06-03-14 RESOLUTION NO. 06 -03 -14
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING AND DIRECTING
THE SALE OF REAL PROPERTY OWNED BY THE
CITY OF OAK PARK HEIGHTS TO CSM. EQUITIES, L.L.C.,
A DELAWARE LIMITED LIABILITY COMPANY
WHEREAS, the City of Oak Park Heights acquired a certain road and utility
easement dedicated by Quit Claim Deed to the City dated October 26, 1990 and filed of record
October 26, 1990 as Document No. 1005324 in the office of the Registrar of Titles in and for
Washington County, Minnesota, described as follows:
Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990,
filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles,
Washington County, Minnesota, described as follows:
• A permanent easement for road and utility purposes over, under and across the
South 40.00 feet of the following described tract of land: All that part of the North
Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West,
Washington County, Minnesota, described as follows: Beginning at the Northwest
corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as
measured at a right angle to the east line of said North Half of the Northeast Quarter;
thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the
westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes
37 seconds East 80.05 feet to the west line of the East 1013.00 feet of said North
Half of the Northeast Quarter, as measured at a right angle to said east line and a
point hereinafter referred to as Point "A "; thence South 01 degree 52 minutes 14
seconds East along said westerly line a distance of 226.10 feet; thence South 89
degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degree 52 minutes
08 seconds East 363.61 feet to the southerly line of said North Half of the Northeast
Quarter; thence South 89 degrees 42 minutes 13 seconds West along said southerly
line 609.66 feet; thence North 01 degree 52 minutes 08 seconds West 594.73 feet to
a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes
37 seconds West from the before mentioned Point "A"; thence South 89 degrees 51
minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for
479.01 feet to the intersection with the westerly line of the East 1193.00 feet of said
North Half of the Northeast Quarter; thence North 01 degree 52 minutes 14 seconds
West 633.29 feet to the northerly line of said North Half of the Northeast Quarter;
thence South 89 degrees 43 minutes 00 seconds East along said northerly line a
distance of 100.07 feet to the point of beginning
i Also, an 80.00 foot wide permanent easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
side of the above- mentioned Line "AB" from Point "A" to Point `B ";
and,
WHEREAS, the City of Oak Park Heights acquired a perpetual easement for
roadway and drainage and utility purposes by Warranty Deed dated February 24, 1996, filed of
record on March 6, 1996 as Document No. 876327 in the office of the County Recorder in and for
Washington County, Minnesota affecting real property described as follows:
A perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest corner of said Southwest
Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the southwest
• having a central angle of 38 degrees 25 minutes 36 seconds and a radius of 400.00
feet; thence South 51 degrees 52 minutes 14 seconds East and tangent to said
curve 84.22 feet; thence easterly 279.25 feet along a tangential curve concave to
the north having a central angle of 40 degrees 00 minutes and a radius of 400.00
feet; thence North 88 degrees 07 minutes 46 seconds East and tangent to last
described curve 113.00 feet to a point on the east line of said North Half of the
Southeast Quarter of the Northeast Quarter distant 440.00 feet north from the
southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
May 19, 2000, as Document No. 3104763, Office of the County Recorder,
Washington County, Minnesota;
and,
WHEREAS, There appears to be a gap within the descriptions between the above
described lands and the proposed location of Novak Ave North to be dedicated to the City in the
Plat of the "Village at Oak Park Heights', which Gap area is described as:
"That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
• County, Minnesota, described as follows:
Heights hereby determines that the fair market value of the lands above - described is in the amount
• of $244,090.78; and,
WHEREAS, CSM Equities, Inc. has offered to acquire said lands from the City of
Oak Park Heights at its fair market value as determined by the City Council for the City of Oak
Park Heights; and,
WHEREAS, the City Council determines it to be in the best interest of the City of
Oak Park Heights to sell the aforementioned lands to CSM Equities, L.L.C., a Delaware company,
at fair market value as determined by the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Park Heights, that contingent upon the satisfactory execution of a Development Agreement
between the City and CSM Equities, L.L.C, the Mayor and City Administrator are hereby
authorized and directed to execute all necessary documents to effect the sale and transfer for
$244,090.78, representing the fair market value of the following referenced properties to CSM
Equities, L.L.C., a Delaware company, real property to be transferred and sold, as follows:
Parcel 1:
Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990,
filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles,
Washington County, Minnesota, described as follows:
A permanent easement for road and utility purposes over, under and across the
South 40.00 feet of the following described tract of land: All that part of the North
Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West,
Washington County, Minnesota, described as follows: Beginning at the Northwest
corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as
measured at a right angle to the east line of said North Half of the Northeast Quarter;
thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the
westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes
37 seconds East 80.05 feet to the west line of the East 1013.00 feet of said North
Half of the Northeast Quarter, as measured at a right angle to said east line and a
point hereinafter referred to as Point "A "; thence South 01 degree 52 minutes 14
seconds East along said westerly line a distance of 226.10 feet; thence South 89
degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degree 52 minutes
08 seconds East 363.61 feet to the southerly line of said North Half of the Northeast
Quarter; thence South 89 degrees 42 minutes 13 seconds West along said southerly
line 609.66 feet; thence North 01 degree 52 minutes 08 seconds West 594.73 feet to
a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes
37 seconds West from the before mentioned Point "A "; thence South 89 degrees 51
minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for
479.01 feet to the intersection with the westerly line of the East 1193.00 feet of said
North Half of the Northeast Quarter; thence North 01 degree 52 minutes 14 seconds
West 633.29 feet to the northerly line of said North Half of the Northeast Quarter;
Also, an 80.00 foot wide rmanent
Pe easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
Side of the above - mentioned Line "AB" from point "A" to Point `B ";
and,
WHEREAS, the City of Oak Park Heights acquired a
roadway and drainage and utility purposes by Warranty Deed dated February perpetual
4, 1996, filed f of
record on March 6, 1996 as Document No. 876327 in the office of the County Recorder in and for
Washington County, Minnesota affecting real property described as follows:
A perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest corner of said Southwest
Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the southwest
. having a central angle of 38 degrees 25 minutes 36 seconds and a radius of 400.00
feet; thence South 51 degrees 52 minutes 14 seconds East and tangent to said
curve 84.22 feet; thence easterly 279.25 feet along a tangential curve concave to
the north having a central angle of 40 degrees 00 minutes and a radius of 400.00
feet; thence North 88 degrees 07 minutes 46 seconds East and tangent to last
described curve 113.00 feet to a point on the east line of said North Half of the
Southeast Quarter of the Northeast Quarter distant 440.00 feet north from the
southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
May 19, 2000, as Document No. 3104763, Office of the County Recorder,
Washington County, Minnesota;
and,
WHEREAS, There appears to be a gap within the descriptions between the above
described lands and the proposed location of Novak Ave North to be dedicated to the City in the
Plat of the "Village at Oak Park Heights ", which Gap area is described as:
"That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows:
• Commencing at the northwest corner of the East 1093.00 feet of said North Half
of the Northeast Quarter, as measured at a right angle to the east line of said North
Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds
East, assumed bearing, along the westerly line thereof a distance of 497.04 feet to
the point of beginning; thence southeasterly a distance of 141.46 feet along a
tangential curve concave to the northeast having a radius of 326.00 feet and a
central angle of 24 degrees 51 minutes 46 seconds, to the point of intersection
with a line drawn South 89 degrees 51 minutes 37 seconds East from a point on
said westerly line of the East 1093.00 feet of said North half of the Northeast
Quarter as measured at a right angle to the east line of said North Half of the
Northeast Quarter, distant 633.04 South of the point of commencement described
herein, as measured along said westerly line; thence North 89 degrees 51 minutes
37 seconds West 30.23 feet, to said westerly line of said East 1093.00 feet; thence
North 01 degree 52 minutes 14 seconds West, along said westerly line, a distance
of 136 feet, to the point of beginning
over which the City may have acquired interest or claim previously under conveyance to the city
within Document # 71005324 as recorded in the office of the Washington County Recorder, and
over which the City desires to convey back to CSM Equities LLC; and,
WHEREAS, the City of Oak Park Heights has been requested by CSM Equities,
L.L.C., a Delaware limited liability company, to be allowed to acquire from the City of Oak Park
• Heights its interest in and to the above - described properties; and,
WHEREAS, the City of Oak Park Heights has conducted a public hearing held
before the City Council of the City of Oak Park Heights on February 7, 2006 to determine the
public interest and/or any objections to the sale of the aforementioned properties; and,
WHEREAS, no adverse public comment was received; and,
WHEREAS, the City Council for the City of Oak Park Heights hereby finds that
disposal or sale of the proposed lands has no adverse relationship or impact upon the City's
comprehensive plan; and,
WHEREAS, the City of Oak Park Heights has determined that the sale and
disposition of the above - described lands will facilitate economic development within the City of
Oak Park Heights, benefiting tax revenues and employment within the City of Oak Park Heights;
and,
WHEREAS, the City has obtained a real estate appraisal on the above - described
Property by Raymond W. Kirchner, S.R.A., S.R.P.A., to determine the fair market value of the
above - described properties; and,
WHEREAS, based upon the aforementioned real estate appraisal and the
competing appraisal obtained by CSM Equities, L.L.C., the City Council for the City of Oak Park
thence South 89 degrees 43 minutes 00 seconds East along said northerly line a
distance of 100.07 feet to the point of beginning
Also, an 80.00 foot wide permanent easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
side of the above - mentioned Line "AB" from Point "A" to Point `B ";
and
Parcel 2:
A perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest corner of said Southwest
Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the southwest
having a central angle of 38 degrees 25 minutes 36 seconds and a radius of 400.00
feet; thence South 51 degrees 52 minutes 14 seconds East and tangent to said
curve 84.22 feet; thence easterly 279.25 feet along a tangential curve concave to
the north having a central angle of 40 degrees 00 minutes and a radius of 400.00
feet; thence North 88 degrees 07 minutes 46 seconds East and tangent to last
described curve 113.00 feet to a point on the east line of said North Half of the
Southeast Quarter of the Northeast Quarter distant 440.00 feet north from the
southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
May 19, 2000, as Document No. 3104763, Office of the County Recorder,
Washington County, Minnesota;
and
Parcel (3)- (Gap Area):
"That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows:
Commencing at the northwest comer of the East 1093.00 feet of said North Half
of the Northeast Quarter, as measured at a right angle to the east line of said North
Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds
East, assumed bearing, along the westerly line thereof a distance of 497.04 feet to
the point of beginning; thence southeasterly a distance of 141.46 feet along a
tangential curve concave to the northeast having a radius of 326.00 feet and a
central angle of 24 degrees 51 minutes 46 seconds, to the point of intersection
with a line drawn South 89 degrees 51 minutes 37 seconds East from a point on
said westerly line of the East 1093.00 feet of said North half of the Northeast
Quarter as measured at a right angle to the east line of said North Half of the
Northeast Quarter, distant 633.04 South of the
herein, as measured along said westerly line; thence North 89 degrees 51 minutes
mm ri
37 seconds West 30.23 feet, to said westerly line of said East 1093.00 feet; thence
North 01 degree 52 minutes 14 seconds West, along said westerly line, a distance
of 136 feet, to the point of beginning."
2006. Passed by the City Council for the City of Oak Park Heights this 28` day of March,
David Beaudet, Mayor
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