HRA RES 23-02of
\AW= City of Elk River
.ver Housing and Redevelopment Authority
Resolution 23-02
A Resolution Approving a Purchase and Sale Agreement with Ronald J.
Touchette for the Sale of the Housing and Redevelopment Authority -Owned
Property Located at the Intersection of Main and Gates in the City of Elk
River
WHEREAS, the Housing and Redevelopment Authority of the City of Elk River (the
"Authority") is authorized pursuant to Minnesota Statutes, Section 469.001 to 469.047, to
acquire and convey real property and to undertake certain activities to facilitate the
redevelopment of real property by private enterprise; and
WHEREAS, to facilitate redevelopment of certain property in the City of Elk River,
Minnesota (the "City"), the Authority proposes to enter into a Purchase and Sale Agreement
(the "Agreement") between the Authority and Ronald J. Touchette (the "Developer"),
under which, among other things, the Authority will convey the property located in the City
at the intersection of Main and Gates and which is legally described on the attached Exhibit
A to the Developer for the construction of an office building by the Developer; and
WHEREAS, on Lune 20, 2023, the Authority conducted a duly noticed public hearing
regarding the sale of the Property to the Developer, at which all interested persons were
given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Housing and Redevelopment Authority of the City of Elk River, Minnesota, as follows:
1. The Authority hereby approves the Agreement in substantially the form
presented to the Board, including the provisions for the conveyance of the Property
therein, together with any related documents or certifications necessary in
connection therewith, including without limitation all documents and certifications
referenced in or attached to the Agreement, and any deed or other documents
necessary to convey the Property to the Developer.
2. Authority staff and officials are authorized to take all actions necessary to
perform the Authority's obligations under the Agreement as a whole, including
without limitation, execution of any documents to which the Authority is a party
referenced in or attached to the Agreement, and other documents necessary to
convey the Property to the Authority, all as described in the Agreement.
The approval hereby given to the Agreement includes approval of such additional
details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and
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approved by legal counsel to the Authority and by the officers authorized herein to
execute said documents prior to their execution; and said officers are hereby
authorized to approve said changes on behalf of the Authority subject to the
following conditions: (a) such modifications do not materially adversely affect the
interests of the Authority; and (b) such modifications do not contravene or violate
any policy of the Authority or applicable provision of law. The execution of any
instrument by the appropriate officers of the Authority herein authorized shall be
conclusive evidence of the approval of such document in accordance with the terms
hereof. In the event of absence or disability of the officers, any of the documents
authorized by this Resolution to be executed may be executed without further act or
authorization of the Board by any duly designated acting official, or by such other
officer or officers of the Board as, in the opinion of legal counsel to the Authority,
may act in their behalf. This Resolution shall not constitute an offer and the
Agreement shall not be effective until the date of execution thereof.
Upon execution and delivery of the Agreement, the officers and employees of the
Authority are hereby authorized and directed to take or cause to be taken such
actions as may be necessary on behalf of the Authority to implement the sale of the
Property.
Approved by the Board of Commissioners of the Housin and Redevelopment Authority of
the City of Elk River this 20`h day of June 2023. r/_ /
ATTEST:
oeA
Executive Director
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EXHIBIT A
Legal Description of the Property
Parcels:
Lot 1, Block 1, Auditors Subdivision No 5, according to the recorded plat thereof,
Sherburne County, Minnesota.
PID 75-401-0105
AND;
Lot 3 & Lot 4 except the East 15 feet, Block 1, Auditors Subdivision No 5,
according to the recorded plat thereof, Sherburne County, Minnesota.
PID 75-401-0115
AND;
Lot 7, Block 1, Auditors Subdivision No 5, according to the recorded plat thereof,
Sherburne County, Minnesota.
PID 75-401-0130
AND;
Lot 8, Block 1, Auditors Subdivision No 5, according to the recorded plat thereof,
Sherburne County, Minnesota.
PID 75-401-0135
AND;
Lot 9, Block 1, Auditors Subdivision No 5, according to the recorded plat thereof,
Sherburne County, Minnesota.
PID 75-401-0140
AND;
Lot 10, Block 1, Auditors Subdivision No 5, according to the recorded plat thereof,
Sherburne County, Minnesota.
PID 75-401-0145
AND;
LOT 11 & that part of Lot 12 lying West of the East 4.50 feet of Lot 12, Block 1,
Auditors Subdivision No 5, according to the recorded plat thereof, Sherburne
County, Minnesota.
PID 75-401-0150
* All legal descriptions are subject to verification by a survey.
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