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RES 1974-130 - 00007985230 RESOLUTION NO. 130 -1974 A RESOLUTION APPROVING THE EXCHANGE OF PROPERTY FOR PARK PURPOSES WHEREAS, the City of Fridley had retained Lots 10 -15, Block 6, Oak Grove Addition for ponding purposes; and WHEREAS, an improved drainage system has been installed in this vicinity, rendering these lots needless as a ponding area; and WHEREAS, the City Council of the City of Fridley did by Resolution Number 41 -1974, attached hereto as Exhibit A, approve the purchase from the State of Minnesota of Lots 10 through 15, of which Lots 12 through 15 were to be exchanged for Lots 1 and 2, Block 1, Harris Lake Estates for park purposes; and WHEREAS, The City Attorney has provided an examination of title for Lots 10 -15, Block 6, Oak Grove Addition, which examination is attached hereto as Exhibit B; and WHEREAS, Lots 12 through 15, Block 6, Oak Grove Addition have been purchased by the City of Fridley; and Lots 1 and 2, Block 1 are owned by Janice M. and David 0. Harris and are presently valued at approximately $3,000.00 more than the lots acquired by the City, the Owners of Lots 1 and 2 will agree to an equal exchange of property for the benefit of the City of Fridley and its Park and Recreation Department. It has been agreed that the City, the owner of said Lots 12 through 15 and the Property Owners, owners of said Lots 1 and 2, will bear the responsibility of all special assessments (past and pending) taxes and penalties due as of November 4, 1974. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley does approve the exchange of Lots 12, 13, 14, and 15 Block 6, Oak K r Grove Addition for Lots 1 and 2, 3lock 1, Harris Lake Estates. 1L BE IT FURTHER RESOLVED, that the City accept the deeds for Lots 1 and 2, Block 1, Harris Lake Estates and that the Mayor and City Manager be authorized to execute the deed for Lots 12 -15, Block 6, Oak Grove Addition and deliver same to the Developer, and that the Mayor and City Manager be authorized to execute attached agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER, 1974. Zpe L. PAAX - FRANK % LIEVL ATTEST: CITY- MARVIN C. BRU $ELL 1 11 RESOLUTION NO. 130 -1974 Page 2 EXHIBIT A RESOLUTION NO. 41 -1974 A RESOLUTION TO CONVEY TO THE STATE OF MINNESOTA CERTAIN LANDS CONVEYED IN 1971 TO THE CITY OF FRIDLEY FOR PONDING PURPOSES. THEN TO REPURCHASE FROM THE STATE OF MINNESOTA AT APPRAISED VALUE FOR THE PURPOSE OF TRADING SAID LOTS FOR LAND TO INCREASE THE SIZE OF A CITY PARK JUST ACROSS THE STREET TO THE SOUTH. WHEREAS, an improved drainage system is being installed in the vicinity of Lots 10 through 15, Block 6, Oak Grove Addition, said lots being located North of Mississippi Street and East of Fridley Street. WHEREAS, this drainage system renders said lots needless as ponding area. WHEREAS, the area South of Mississippi Street in this general area is being developed for residential single family homes and a portion dedicated for park purposes, and WHEREAS, The City would need more park area than the dedicated portion and rather than have two small parks on each side of Mississippi Street. NOW, THEREFORE, BE IT RESOLVED, by the City of Fridley Council, that the City of Fridley return aforementioned lots to the State of Minnesota and request the right to purchase same at appraised value to trade or sell for lots adjoining said dedicated park in the Harris Lake Estates Addition. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1ST DAY OF APRIL, 1974. MAYOR - FRYNK G. L EB ATTEST: l�l�►. �aM. ITY CLERK - MARVIN C. BRUNSELL 232 RESOLUTION NO. 130 -1974 Page 3 EXHIBIT B August 15, 1974 TO: CITY OF FRIDLEY 6431 University Avenue Northeast Fridley, Minnesota 55432 This is to certify that I have this day examined the title to the following described real estate situated in Anoka County, Minnesota: Lots 10, 11, Block 6, Oak Grove Addition to Fridley Park, together with the Westerly z of the vacated alley, adjacent thereto, lying North of the South line of Lot 15, extended Easterly and South of the North line of Lot 10, extended Easterly; AND Lots 12 and 13, Block 6, Oak Grove Addition to Fridley Park; AND Lots 14 and 15, Block 6, Oak Grove Addition to Fridley Park, by an examination of the Abstracts of Title hereto last certified to on the 25th day of July, 1974, together with an examination of the tax and judgement certificates thereto attached and together with an examination of the records of the Anoka County Abstract Company. From such an examination, I am of the opinion that good and marketable title to the said premises' was on that date in CITY OF FRIDLEY, A GOVERNMENTAL SUBDIVISION OF MINNESOTA. Subject, however, to the following exceptions and encumbrances thereon: 1. 1974 taxes not assessed. Real estate taxes due and payable in 1973 and all prior years are paid in full. 2. Subject to any special assessments levied thereon. 3. Subject to the rights or claims of any person or persons having furnished labor or material upon said premises within the past 90 days to claim a lien upon said premises therefore, and to the rights of any person or persons in possession thereof. 4. Subject to state and local governmental zoning, building restrictions and conveyancing requirements. 5. Subject to questions of survey. VCH:jjh WEAVER TALLE & HERRICK S /Virgil C. Herrick Virgil C. Herrick 2T<' RESOLUTION N0. 130 -1974 �- Page 4 STATE OF MINNESOTA MUTUAL AGREEMENT COUNTY OF ANOKA THIS AGREEMENT made and executed this 5th day of December, 1974, by and between DAVID 0. HARRIS and JANICE M. HARRIS, hereinafter called the Property Owners and the CITY OF FRIDLEY, a municipal corporation of the State of Minnesota, hereinafter called the City; WHEREAS, the Property Owners own Lots 1 and 2, Block 1, Harris Lake Estates; and ' WHEREAS, the City purchased from the State of Minnesota Lots 10 through 15, Block 6, Oak Grove Addition, of which Lots 12 through 15 are to be exchanged with the Property Owners of Lots 1 and 2, Block 1, Harris Lake Estates for Park Purposes; and WHEREAS, Lots 12 through 15, Block 6, Oak Grove Addition have been purchased by the City of Fridley; and Lots 1 and 2, Block 1 are owned by the above Property Owners and are presently valued at approximately $3,000.00 more than the lots acquired by by the City, the Owners of Lots 1 and 2, Block 1, will agree to an equal exchange of property for the benefit of the City of Fridley, and its Park and Recreation Department. It has been agreed that the City, the owner of said Lots 12 through 15 and the Property Owners, owners of said Lots 1 and 2, will bear the responsibility of all special assessments, (past and pending) taxes and penalties due as of November 4, 1974. NOW, THEREFORE, BE IT AGREED, that the City will exchange with the Property Owners Lots 12, 13, 14 and 15, Block 6, Oak Grove Addition for Lots 1 and 2, Block 1, Harris Lake Estates for the purpose of increasing in size the already dedicated park in Harris Lake Estates, which exchange will take place following proper quiet title action on the City owned property. BE IT FURTHER AGREED, that the City accepts the deeds for Lots 1 and 2, Block 1, Harris Lake Estates and that the Property Owner accepts the deed 1 for Lots 12 through 15, Block 6, Oak Grove Addition. IN WITNESS WHEREOF, the parties hereto have set their hands this 5th day of December, 1974. In Presence of S /Janet L. Horwath S /Marilyn J. Crowder STATE OF MINNESOTA) ss COUNTY OF ANOKA ) S /David 0. Harris Property Owner Hus an S /Janice M. Harris roperty ner Wi e On this 5th day of December, 1974, before me, a Notary Public within the for said County, personally appeared David 0. Harris and Janice M. Harris to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. (Seal) S /Janet L. Horwath ' IN WITNESS WHEREOF, the parties hereto have set their hands this 5th Day of December, 1974. In presence of S /frank G. Liebl Ffayor - Frank G. Liebl City Manager - Nasim M. Qureshi STATE OF MINNESOTA) ss COUNTY OF ANOKA ) On this day of 1974, before me, a Notary Public within and for said County, personally appeared Frank G. Liebl, ilayor and Nasim M. Qureshi, City Manager, to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.