HomeMy WebLinkAbout4G - Award Printing
DATE:
INTRODUCTION:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
4G
ASSISTANT CITY MANAGER BLAIR TREMERE
CONSIDER APPROVAL OF CONSENT TO TRANSFER
OF PROPERTY OWNED BY AWARD PRINTING.
OCTOBER 9, 1996
The City Council authorized execution of the Development
Agreement with Award Printing earlier this year, and
construction of the new facility in the Waterfront Passage
Business Office Park is nearing completion. The approved
Development Agreement was executed by the owner, Stanley
and Viola Anderson. The owner has established a new
company owned by the same individuals and seeks to transfer
the property title to the new company. City consent is
required by the terms of the Development Agreement since the
project is still in progress.
The request has been reviewed by staff and the City Attorney.
Approval would not relieve the owner from any obligations of
the Development Agreement. The transfer is requested for
estate planning purposes.
1. Authorize the Mayor and City Manager to execute the
Consent Agreement.
2. Table action on the request pending receipt of further
information about the request.
3. Deny the request.
RECOMMENDATION:
Alternative #1. The City Attorney and staff have reviewed the
proposal and find that it is in order and that the City's interests
as set forth in the Development Agreement are protected.
ACTION REQUIRED:
Approved By:
Motion and second to authorize execution of the consent
agreement.
16200 ~gt~G~~~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONSENT TO TRANSFER OF TITLE
(CITY)
THIS CONSENT is made this _ day of
, 1996, by THE CITY OF
PRIOR LAKE, a municipal corporation under the laws of the State of Minnesota (the "City") in
favor of STANLEY M. ANDERSON and VIOLA M. ANDERSON (the "Owner") and S & V
ANDERSON, LLC, a Minnesota limited liability company (the "Transferee").
RECIT ALS
By Acquired Property Deed dated July 2, 1996, the City conveyed to the Owner certain
real property in Scott County, Minnesota, legally described on Exhibit A attached hereto
and made a part hereof (the "Property").
Said deed prohibits the Owner from voluntarily conveying the Property without the
consent of the City until certain conditions have been met.
The required conditions have not yet been satisfied and the Owner desires to obtain the
consent of the City to transfer the Property to the Transferee.
FOR VALUABLE CONSIDERATION, the City hereby consents to the transfer of the
Property to the Transferee. This consent shall not release or relieve the Owner from any other
obligations it may have in connection with the Property set forth in the above-described deed or
arising out of the Development Agreement by and between the Owner and the City dated July 2,
1996 or other related documents referred to in said Development Agreement.
IN WITNESS WHEREOF, the City has executed this Consent to Transfer of Title as of
the day and year first above written.
THE CITY OF PRIOR LAKE
By:
Its:
0242493.01
EXHIBIT "A"
EXlUBIT A
That part of Lot One (I), Block One (I), Waterfront Passage Addition, Scott County, Minnesota, described as
~~w~ .
;Commencing at the Northeasterly comer of said Lot I, Block 1; thence North 62052'03" West
(record bearing) a1ong.the Northeasterly line of said Loti, Block I, a distance of 309.01 feet to
the point of beginning of the land to be described; thence continuing North 62 052'03" West a
distance of 369.75 feet; thence South 31035'50" West a distance of 294.99 feet to the
Southwesterly line of said Lot I, Block 1; thence South 54014'04" East along said Southwesterly
line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North
59045'56" East a distance of 76.00 feet; thence North 29045'56" East a distance of 64.00 feet;
thence Northwesterly a distance of 98.6 feet, more or less, to the point of beginning, according to
the U .,S. Government Survey thereof. Scott County. Minnesota.
.T'l~ ..., "
CAMPBELL, KNUTSON, SCOTT & FtJCHS, P.A.
Attorneys at Law
Thomas J. Camphell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
( 612) 45 2 ~ 5000
Fax (612) 45 2 ~ 5 5 50
Andrea McDowell Poehler
Matthew K. Brokl
John F. Kelly
Marguerite M. McCarron
George T. Stephenson
Mr. Blair Tremere
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55371-1714
October 7,1996 -#
<",. ,.,r ~ ,o..~t:Q
~/' ~\J
.~,~
.,~,J
1"'-
Re: Proposed Consent to Transfer Title
City of Prior Lake / Award Printing
Our File No. 3693/017
Dear Blair:
Recently the City transferred title of a portion of Lot 1, Block 1, Waterfront
Passage Addition, to Mr. Anderson in connection with a Development Agreement for
the Award Printing Project. The Deed from the City to Stan Anderson prohibits the
transfer of the property without the consent of the City until a certificate of completion
is completed. Mr. Anderson desires to transfer the property to a recently organized
company owned by Mr. Anderson and his wife Viola. The transfer is to
accommodate certain estate planning objectives.
Mr. Anderson has requested the City to consent to the transfer. The proposed
consent does not release Mr. Anderson from existing obligations he has under the
Development Agreement. Accordingly, I recommend approval of the Consent to
Transfer Title, provided the consent is the same as the form attached to this letter as
Exhibit "A".
40057
Suite 31 7 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
Mr. Blair Tremere
October 7, 1996
Page 2
Please forward my recommendation to the City Council. If you have any
questions, please feel free to call me.
Very truly yours,
CAMPBELL, KNUTS
& FUCH
JRW:rlt
Attachment
cc: Mr. Frank Boyles
Mr. Gary Renneke, Attorney for Stan Anderson
Ms. Suesan Pace
40057