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Home My WebLink AboutRESOLUTION NO. 2006-15 RESOLUTION NO. A RESOLUTION DECLARING INTENT TO ENTER INTO REAL ESTATE PURCHASE AGREEMENT WHEREAS, It is the intent of both the City of Fairfax (the "City") and Dennis & Connie Miller (the "Millers") to enter a Real Estate Purchaser Agreement within thirty (30) days of this Resolution for the City to purchase and the Millers to sell 2.56 acres of land which adjoins the North boundary of the proposed Prairie View Heights Addition to Fairfax located at or near 6811 Williams Blvd for the sum of$90,000.00, BE IT RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa, that a down payment in the amount of$30,000.00, to be held in escrow in Moyer & Bergman, P.L.C.'s trust account, is hereby authorized for the intent to purchase said real estate with the remaining balance of$60,000.00 to be Paid at closing. NOW, THEREFORE, BE IT FURTHER RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of � � ' 2006. AYES:Ad ' NAYS: ABSENT: Bill Voss,Mayor ATTEST: Connie Frame, City Clerk The foregoing Resolution No. having been approved this date by the Fairfax City Council, I her by rove the 5prne by affixing my signature as City Cleric on this 6� __Vday of ,2006. onnie Frame, City Clerk 13 March 06 Honorable Mayor Voss Fairfax City Council PO Box 337 Fairfax, IA 52225-0337 To the Mayor and Councilors of the City of Fairfax: It is my intent to enter into a Sales Agreement with the City of Fairfax within 30 days to sell 2.56 acres of my property which adjoins the North boundary of the proposed Prairie View Heights Addition located at or near 6811 Williams Blvd, Fairfax, IA, to the City of Fairfax for the sum of$90,000 with the Terms of Sale being $30,000 down to be paid on. approval by Council, balance to be paid upon clear title and abstract. Respectfully, Dennis J. Miller Nancy— Attached is a revised Resolution addressing the issues we discussed this afternoon. As I stated, the$30,000 check should be made out to Moyer &Bergman,PLC's trust account. We shall hold in escrow until closing. Once the Council approves, I would recommend that a Real Estate Purchase Agreement be prepared and cxecuted by the parties as soon as possible. Then Miller will need to update the abstract. I can then review the abstract and confirm that Miller can convey marketable title to the City. Typically the seller then prepares the Warranty Deed, Declaration of Value and Ground.Water Hazard Statement and makes them available at closing. However, we can also prepare them and have the Millers execrate, Let me know how you wish me to proceed. Thanks Nancy. Best regards, Mark Parmenter City ol Jairlax 011i ,'P/.(fl,A PO 12.x 337 319-846-2204 �air�ax,_7-.,452228-0337 �air�ax�eouf�cnm.ael 22 March 06 Moyer &Bergman, PLC Attn: Mark Parmenter PO Box 1943 Cedar Rapids, IA 52406-1943 Dear Mark, Please find enclosed check for$30,000.00 from the City of Fairfax, The Fairfax City Council is requesting that you deposit this check into Moyer & Bergman, PLC's Trust Account to be held in escrow on behalf of Dennis and Connie Miller as the down payment for the purchase of real estate owned by the Millers. Also, enclosed for your files is a fully executed copy of the Resolution that the Fairfax City Council unanimously passed at their regularly scheduled meeting on March 21, 2006 in which they declared their intent to enter into a Real Estate Purchase Agreement with Dennis and Connie Miller. Respectfully, 1z/� Bill Voss Mayor City of Fairfax Enclosure cc: Dennis & Connie Miller 641 U . WHV/nlf Fat riaK ) IA 6,V FAIRFAX STATE SAVINGS BANK X4755 CITY OF FAIRFAX FAIRFAX,IOWA , 525 VANDERBILT STREET FAIRFAX,IOWA 52228 3620/2006 1-0 THE Moyer&Bergman,PLC Trust Account ORDER OF. }' n� **30,000.00 Thirty'Thousand and 00/10Q* * *� x * * � DOLLARS Moyer&Bergman,PLC Trust Account voin AFTER.ao DAYS PO Bax 1943 ` Cedar Rapids;:IA 52406-1943 Au f' lz 5 GNA. EMO Escrow Acct/Dennis Miller AUTIiflR12ED SIGNATURE II'021, 75Slim 40 139 L3L951: 000 0106 ?u• CITY OF FAIRFAX 24755 Moyer&Bergman,PLC Trust Account 3/20/2006 D. Cul/Rec:E 21 Park&Recreation:E 21 Down payment on behalf of Dennis&Connie Miller 30,000.00 General]Fund Escrow Acct/Dennis Miller 30,000.00 s RESOLUTION NO. A RESOLUTION DECLARING INTENT TO ENTER INTO REAL ESTATE PURCHASE AGREEMENT WHEREAS, It is the intent of both the City of Fairfax (the "City") and Dennis & Connie Miller (the "Millers") to enter a Real Estate Purchaser Agreement within thirty (30) days of this Resolution for the City to purchase and the Millers to sell 2.56 acres of land which adjoins the North boundary of the proposed Prairie View Heights Addition to Fairfax located at or near 6,811 Williams Blvd for the sum of$90,000,00. BE IT RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa, that a down payment in the amount of$30,000.00, to be held in escrow in Moyer& Bergman, P.L.C.'s trust account, is hereby authorized for the intent to purchase said real estate with the remaining balance of$60,000.00 to be paid at closing. NOW, THEREFORE, BE IT FURTHER RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day ofC , 2006. AYES: T NAYS: ABSENT: _ Bill Voss,Mayor ATTEST: Connie Frame, City Clerk The foregoing Resolution No. having been approved this date by the Fairfax City Council, I here a rove the same by affixing my signature as City Clerk on this ,ijday of ,2006. Connie Frame, City Clerk