Agenda - Council Work Session - 02/10/2009

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WHEREAS, R.H., Phoenix Enterprises, LLC and C.M. Points, LLC, all Minnesota limited liability companies ("Landowners") were the fee. owners of the following described property, to-wit: Outlots A, B, C, and E, RIVER'S BEND 3RD ADDITION, Anoka County. (the "Landowners Property"); and WHEREAS, R.H. desires to purchase from the CITY the City Property; and WHEREAS, the CITY required Landowners to execute documents removing the Right- of-Access, being the right of ingress to and egress from the Landowners Property to Trunk Highway No. 47, (the "Access Rights") for which Access Rights the CITY has not given any consideration to Landowners; and WHEREAS, by agreement dated January 10, 1980 by and between the CITY and Ramsey Center Partnership, the CITY agreed to waive its Park Dedication fees upon the development of the properties in River's Bend Addition; and WHEREAS, the CITY agrees as follows: (1) to convey the City Property to R.B. upon all the terms and conditions stated herein below; (2) to waive its subdivision park dedication requirements and its area wide stonn sewer, sanitary sewer and water trunk fees for the development of the City Property ("Development Fees"); and WHEREAS, R.H. agrees to pay the CITY $50,000.00 cash and waive any claim for payment for the Access Rights and convey trail easements to the CITY over and across the Landowner's Property in return for fee title to the City Property and waiver of the Development Fees. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: I. PURCHASE PRICE The CITY will sell and R.B. will purchase from the CITY the City Property and the CITY will waive its Development Fees for a total consideration as follows: (1) $50,000.00 cash payable at closing. (2) Landowners conveyance to CITY by appropriate legal document the Access Rights and convey perpetual trail easements to the CITY over and across the westerly 20 feet of Landowners Property; . 2 -8-