Resolution - #23-209 - 09/26/2023

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Councilmember Howell introduced the following resolution and moved for its adoption: RESOLUTION #23-209 RESOLUTION APPROVING SALE OF LOT 1, BLOCK 1, COR FOUR, EASEMENTS, COVENANTS AND RESTRICTIONS (ECR) AGREEMENT AND SECOND AMENDMENT TO AMENDED DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR COR TWO; ALDI WHEREAS, the City of Ramsey, herein referred to as the “City,” owns various parcels throughout the City of Ramsey; and WHEREAS, the City executed a Purchase Agreement for the sale of Portion of Lot 1, all of Lot 2 and all of Lot 3, Block 1, COR TWO; to be platted as: Lot 1, Block 1, COR FOUR (the “Property”) to Aldi Inc., a Minnesota Corporation and/or its assigns (the “Buyer”); legally described in Exhibit A, attached hereto; and WHEREAS, the City and the Buyer have negotiated a purchase price of $725,000 on +/- 2.81 acres (122,404 square feet) as outlined in Exhibit A (the “Purchase Price”). The per square foot cost is $5.92 based on the final acreage of the final plat; and WHEREAS, the City and Buyer have negotiated an Easements, Covenants and Restrictions Agreement (the “ECR”) reaffirming the Use Restrictions, Easements, Covenants approved in the Purchase Agreement and defining additional easements and covenants for Lots 1, and 2, Block 1, COR FOUR; and WHEREAS, the City and Buyer have negotiated a Second Amendment to Amended Declaration of Easements, Covenants and Restrictions for COR TWO (the “Amended Declaration”) updating the West Access Easement location, Storm Sewer Easement location and reallocating maintenance requirements from the City to Aldi for COR FOUR; and WHEREAS, the City Attorney has reviewed the ECR and Amended Declaration as to form and content and recommends approval; and WHEREAS, the City hereby declares the Property to be surplus City-owned land, and is no longer needed for current or future City functions, and authorizes the property to be sold as identified in Ordinance 15-05; and WHEREAS, the Purchase Agreement also included the form of a Use Restriction Agreement incorporated into the ECR and a Right of Re-Entry Agreement be recorded at the closing of this land transaction; and WHEREAS, the Buyer is a company that is active and in good standing as documented in the Office of the Secretary of State as of September 20, 2023.