HomeMy WebLinkAboutResolution 14-1997 � '
RESOLUTION N0. 14-97
WHEREAS, the City of Brookings continues to plan for the future growth of the City and
its departments and
WHEREAS, it has been their policy to consider and evaluate adjacent properties
whenever they become available
NOW, THEREFORE, BE IT RESOLVED that the Mayor be authorized to sign a
purchase agreement for Lots A& B, except the S80' thereof in Block 1, Skinners Third Addition
in the amount of$24,000.00.
BE IT FURTHER RESOLVED that in the event the Park Department Budget rec�uires
further funding for this transaction, a transfer from the Contingency Fund, up to the full amount,
may be allocated.
Passed and approved this 25th day of February, l 997.
Mayor
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Finance Officer
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� OFFER AND AGREEMENT TO PURCHASE �.
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The undersigned SE"<<��C_._ , �wi��➢p�icer, acknowledges receipt of ($ �� �� )
Cash ❑ Check
from C/7`y 6� . _ ��0,�/�(/'�� __ _ --- , �lesi�nnt.ed Ruyer,
n� u �I„�in�il.i�n�i „urn�e�L ninn�+y nn I li�, ��nr��hny�, nl' 11��, I►r'►I��,r�y I�nnwn ua
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Owned by /�llfi�EL rS� C�?�S /f� !//C/l}� c.7 G�L��S , f , designated Seller.
TERMS OF OFFER
1. The total sale price is to be($ ���O 0 8� )
including
�
2. After earnest money herewith is credited, the remaining balance of ($ � C19� ')
is to be paid, as follows,a�-at�d��l
.�-, ;�—�--;�ege �L4/ �'i:�s'�t Oij/ T�
dF CLOS/ G
3. If this o er is co ainin a new loan ees to
immediately make application for en eavor o oan without delay, and to sign
the n wi in (5) five days after they are ready.
4. Merchantable title shall be conveyed by Warranty Deed properly executed, with necessary transfer fee paid for
recording.An Abstract of Title shall be continued to date and furnished promptly to the Buyer for examination,or
in lieu of an Abstract of Title, Title Insurance may be substituted at Seller's expense.
5. Taxes,(Based on the 19 `��_Tax Levy),Insurance, Interest,and rents if any are to be pro-rated to�d�`��
6. Possession is to go to Buyer��� �
7. �r 't
or account o •
8. If this offer is not accepted by the Seller or if offer is contingent upon buyer obtaining FHA, VA or other
loan and he is unable to qualify for or obtain such loan, then this agreement (in either case) shall be abrogated
and of no force or effect and Buyer's earnest money shall be returned to him in full.
9. Upon approval and acceptance of this Agreement by Seller and in event Buyer shall not complete the purchase
as herein agreed, Buyer shall forfeit the deposit made by him.
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10. Other rovisions
er ���� ��,�r �a�f l�«��sE.� �e� �.r�6�-T� a��
11. This offer is void if not accepted by the owner on or before noon of the day of , 19
Dated at South Dakota this day of ,19
The foregoing Agreement is Approved and Accepted this day of , 19
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��!`� Seller Buyer
Selling Broker
�. �...2�.`.�l. By
�/�C C� Seller Salesman
. DLNHOLM & GLOVER �
t' �EEorne ye anc� ' eGor� aE daw
FRANR E. DErrxoLM MAIN OFFICE AND LIH&ARY-'}iH FOVATH STBEET
Posr OFPICB Box 686
ALAN F. GLOVER BROOKINGS, SOUTH DAKOTA 5700&0686
TELEPHONE (605) 692-2111
Fecstnsn.s (605) 691-4808
Basxca OFPICB: VOLCA� SouTa D,uore 57071
THLSPHO.iE (605) 627-9421 �SASIIRDAYS OtiLY�
February 17, 1997
Mr. Mike Clites
1405 W. S"' St. So.
Brookings, South Dakota 57006 TITLE OPINION
Dear Mike:
; This is to certify that I have examined the Abstract of Title concerning and
pertaining to:
Lots A and B, except the South Eighty(S 80') Feet
thereof in Block One(1) of Skinner's Third Addition,
City of Brookings, County of Brookings, State of South
Dakota,
consisting of forty-five (45) entries, together with a synopsis of a probate proceeding, all
as last certified of record by the DAKOTA ABSTRACT& TITLE COMPANY, INC.,
MICHAEL P. REISETTER, President, on January 30, 1997, at 8:00 o.'clock A.M., and I
find from said Abstract, as above identified, that title to the aforesaid property is vested in
LARRY D. JOHNSON, a married person,
of Brookings, South Dakota,
by virtue of a Warranty Deed dated February 10, 1988, filed March 7, 1988, at 1:15
o'clock P.M., and recorded in Book 110 of Deeds at page 622 thereof in the office of the
Register of Deeds, Brookings County, South Dakota, subject to the following comments
and objections:
TAXES: �
The Abstracter certifies that the 1996 real estate taues remain unpaid in the
amount of$1,116.04.
The Abstracter further certifies that there aze no other taxes or special assessments
due or unpaid or tax sale certificates unredeemed affecting the title to the aforesaid real
estate.
The accruing 1997 property tax assessment should, however, be taken into
consideration in the event of sale or transfer of the heretcrfore described property during
the current year. These taxes are normally prorated to the date of possession.
. , , '
LIENS, MORTGAGES & ENCUMBRANCES:
Title in LARRY D. JOHNSON is subject to a Contract for Deed in favor of
MICHEL H. CLITES and VICKY J. CLITES, husband and wife, as joint tenants with
right of survivorship and not as tenants in common by virtue of a Contract dated February
21, 1995, filed March 2, 1995, at 1:25 o'clock P.M. and recorded in Book 123 of Deeds at
page 700-701 thereof in the Office of the Register of Deeds. The terms of the Contract
for Deed are set forth at Entry No. 45 of the Abstract.
I find no county, state or federal liens on the record. There are no other real
property mortgages and/or other recorded encumbrances constituting a cloud on the title
and there are no unsatisfied judgments or transcripts of judgments which constitute liens
upon the aforesaid property docketed during the past ten (10) years in the names of the
title owners of record during the equivalent period of time. In addition thereto, the
Abstracter certifies that there are no unsatisfied Financing Statements filed under the
provisions of the Uniform Commercial Code in the office of the aforesaid Register of
Deeds concerning�uid pertaining to the aforesaid real estate.
LIMITATIONS AS TO USE.EASEMENTS. REVERSIONS
AND RIGHTS OF OTHERS:
Any land shown on the recorded plat designated as a street, alley or drive was
dedicated to the public use as such forever with the exception of an alley which was
vacated as is more fully described at Entry No. 37 of the Abstract.
The use of the real estate, as heretofore described, is further limited only as to the
rules, regulations and ordinances of the City of Brookings and the laws and statutes of the
State of South Dakota.
CONCLUSIONS:
Subject to the foregoing comments and further subject to the rights of persons or
concerns in possession of the premises, which should be ascertained from an inspection
thereof, if any there now be, and also subject to the rights of inechanics and materialmen
to extend their lien for labor and material furnished or provided in the improvement of the
premises within the past 120 days, I consider title to this property to be good and
merchantible as of the last certified record of the DAKOTA ABSTRACT& TITLE
COMPANY, INC., as hereinbefore described.
Thank you very much.
Sincerely,
DENHOLM AND GLOVER LAW FIRM
G���U
, ALAN F. GLO ER
AFG/kls
!
C�TY OF
BROOKINGS
PARKS, RECREATION and FORESTRY DEPT.
221 Main Avenue • Brookings,S.D. 57006
Phone(6051692-2708
February 12, 1997
Brookings City Commission
City Hall
Brookings, SD 57006
Dear Mayor& Commissioners,
I would appreciate very much your consideration of the attached prbposal for purchase of
some property located at 113 7th Avenue South (see attached maps), adjacent to our Pazk
Shop property at 713 Second Street South.
I feel badly about bringing this to you so soon after you generously agreed to purchase
the two lots to the east of our shop a year ago. However the city must always be looking
ahead for future needs when the opportunity arises. If this property is purchased by
someone else, it likely w-ould have a new building constructed on it, and there would not
be a possibility of purchasinQ again.
Although we currently have no definite plans for shop building expansion, there is a
strong likelihood there w-ill be a need some da�-. We are comfortable with and pretty
much committed to a centralized location for shop and equipment storage for our park
system.
Because this is an unanticipated expenditure, I cannot at this time offer 1997 park budget
funds, and would request consideration for contingency funding. Rather than calling
executive session or discussing at a regulaz meeting at this time, I will be visiting with
each of you individually. If there is general a�eement that this is worth pursuing, I
w-ould make an offer contin�ent upon approval of a motion to approve by the City
Commission. If some of you would have serious concerns, we will look at other options
for discussion.
Thank you for your consideration.
Respectfully,
�C-� --.
Allyn Frerichs
Director of Parks, Recreation & Forestry
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' ' VALUE ANALYSIS - CLITES PROPERTY
DESCRIPTION - Legally described as tiorth 8� ft. of Lots A& B and vacated South
10 ft. of alley adjacent to lots A & B, Block 1 of Skinners Third
Addition to City of Brool:ings; 9�00 square feet+ - . Bounded on
east and north by cit�-property. Also identified as 113 7th Avenue
South.
- Fronts on Seventh A�-enue South, currently an unimproved gravel
street.
- Consists of graveled lot, plus four exterior walls and concrete floor
of a damaged metal building (approx. 20' x 50'), which lost its
roof due to snow load this winter. Exterior walls have no value to
city; concrete floor might have some temporary, interim use. All
` utilities, including natural gas on site. '
- At a reasonable price, could be key property to own for future shop
addition for both Park and Forestry shops. Other options aze
limited for Park shop espansion(building has already been
extended north 20 ft. after original construction), unless built
separately on existinQ site.
HISTORY OF PROPERTY- Originally site of LJ's Body Shop, purchased by Mike
Clites (Clite's Electric) several years ago.
- Offered for sale about n�-o years ago, with building intact for$55-
$60,000.
- Did not sell, offered for sale three weeks ago by Clites, with
damaaed building, minimum written bids to start at$30,000.
Discussed with Greg JonQeling & Commissioner Artz; decided that
askinQ price was too much, based on price paid recently for two
lots adjacent to east of Park Shop. Did not submit bid.
- On February 10, 1997 received letter from Mike Clites indicating
he had no bids and�z-ould entertain counter offers through February
1�, 1997.
PROPOSAL - That an offer to purchase be made, based on a square foot price
comparable to that paid for n�-o lots a year ago.
1. Investment in the two east lots (19,600 S.F.), including house
demolition, is n ht at $2.10'sq. ft.
2. Lots for sale - �9,500 S.F.
x 2.10
$19,950
+ 1.600 - added value of concrete floor& location to our
POSSIBLE OFFER $21,550 propem- �_ ��� ��, �v ,
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