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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />CASE # /r') <br /> <br />CONSIDER ENTERING INTO REAL ESTATE EXCHANGE AGREEMENT <br /> WITH LAWRENCE T. CODY (WENDELLS) <br /> <br />By: William K. Goodrich, City Attorney <br /> <br />Background: In conjunction with the 143r'~/Azurite Street extension project and installation of <br />related municipal utilities, the City needs to impact in various ways on the adjacent Wendell's <br />property, which is Lot 1, Block 5, GATEWAY NORTH INDUS~ PARK PLAT 2. This <br />property is owned by Lawrence T. Cody of Wendells. The various trade offs between the City and <br />landowner have been written into the attached Real Estate Exchange Agreement. The agreement <br />generally provides for the relocation of Wendell's driveway from a County 116 access to the new <br />Azurite Street; removal of curbing and parking spaces to accommodate the new driveway,; <br />construction of a new driveway, curbing and parking spaces, connection of the Wendell's property <br />to sewer service from Azurite Street NW and restoration of all disturbed areas on the Wendell's <br />property. <br /> <br />The City will be responsible for all construction activity. Wendell's will convey to the City an <br />approximate 400 square foot parcel at the intersection of 143rd and County 16 needed to facilitate <br />the construction. The City will convey to Wendells a triangle piece of property lying between their <br />property and 143rd/Azurite Street. The City will retain a permanent drainage/utility easement over <br />and across this triangle piece. This piece will be known as Outlot A of SUNFISH BUSINESS <br />PARK when the platting process has been completed. An ordinance permitting the conveyance of <br />this Outlot (now using a metes and bounds description) is necessary to permit the lot conveyance. <br /> <br />Enclosure: <br /> <br />1. Proposed Real Estate Exchange Agreement. · <br /> <br />2. Copy of proposed SUNFISH BUSINESS PARK Plat. <br />3. Proposed sale ordinance. <br /> <br />Recommendation: <br /> <br />Staff recommends authorizing the Mayor and City Administrator' to execute the enclosed Real <br />Estate Exchange Agreement and to introduce the enclosed sale ordinance. <br /> <br />Motion to authorize the City to enter into the Real Estate Exchange Agreement with Lawrence T. <br />Cody and Judith B. Cody, husband and wife, and to direct the Mayor and City Administrator to sign <br />the same on behalf of the City. <br /> <br />Motion to introduce a sale ordinance for the conveyance of the property described on attached <br />Exhibit A of the said ordinance to Lawrence T. Cody. <br /> <br />Review Checklist: <br /> <br />City Administrator <br />Brian Olson, City Engineer <br /> <br />-173- <br /> <br /> <br />