2c Dogwood-Tanadoona Improvements: Consider Land Purchase Agreement for ROW
CITY OF
CHANHASSEN
7700 Market Boulevard
. PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
d-.c..,
MEMORANDUM
...
r.o.,
TO:
Paul Oehme, Director of Public Works/City Engineer Y. (),
Alyson Fauske, Assistant City Engineer at' ~./
0.,'-1"
June 11, 2007
FROM:
DATE:
SUBJECT:
Dogwood/Tanadoona Improvements - Project No. 06-06: Consider Land
Purchase Agreements for Right of Way
REQUESTED ACTION
Council is requested to approve the land acquisition agreements between the City and
Westwood Community Church and Gretchen Starks for the Dogwood/Tanadoona
Improvements.
BACKGROUND
On February 12,2007, Council accepted the feasibility study.
On December 12,2006, Nagell Appraisal & Consulting submitted Restricted Appraisal
Reports for Westwood Church (3121 Westwood Drive) and Gretchen Starks (3301
Tanadoona Drive).
DISCUSSION
Right of way acquisition is required along the south side of Tanadoona Drive and the east
side of Dogwood Road in order to construct these improvements. The roadway is proposed
to be widened to accommodate the proposed improvements.
The improvements included in this project are as follows:
· Reconstruction and widening of Dogwood A venue and Tanadoona Road.
· Installation of storm sewer, sanitary sewer, sewer forcemain and watermain.
· Replacement of lift station 19.
Staff met with Gretchen Starks and representatives from Westwood Community Church to
discuss the right of way acquisition. The appraisals considered land values within the
southwest metro area. The appraised value for the 49,700 s.f. acquisition area from Gretchen
Starks is $107,787.00. The appraised value for the 18,000 s.f. acquisition area from
Westwood Community Church is $63,000.00.
The right of way acquisition costs are included in the cost for City Project 06-06,
Dogwood/Tanadoona Improvements. Based on the City's assessment practice forty percent
of the right of way acquisition costs will be assessed to the existing benefiting properties; the
City will pay for the remaining 60%. City funding is proposed from the Revolving
Assessment fund.
The City Attorneys office has reviewed the agreements and finds them in order.
RECOMMENDATION
Staff recommends approval of the Gretchen Starks and Westwood Community Church right
of way acquisitions for $107,787.00 and $63,000.00, respectively.
Attachments
c: Chadd Larson, Kimley Horn & Associate
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
VACANT LAND PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on the _ day of , 2007, by
and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, of 7700 Market
Boulevard, PO Box 147, Chanhassen, MN 55317, ("Buyer"), and WESTWOOD COMMUNITY
CHURCH, 3121 Westwood Drive, Excelsior, Minnesota 55331, a Minnesota non-profit corporation
("Seller").
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located
in the City of Chanhassen, County of Carver, State of Minnesota, legally described as provided in
Exhibit A attached hereto and made a part hereof ("Subject Property").
3. PRICE AND TERMS. The price for the Subject Property included under this Purchase
Agreement is Sixty-Three Thousand and 00/100 Dollars ($63,000.00), which Buyer shall pay in
cash on the DATE OF CLOSING.
4. DEED/MARKET ABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver
a Limited Warranty Deed, conveying good and marketable title of record, subject to:
A. Building and zoning laws, ordinances, state and federal regulations;
B. The lien of real property taxes and the lien of special assessments and interest due thereon, if
any, payable in the year of closing which by the terms of this Purchase Agreement are to be
paid or assumed by the Buyer.
5. REAL EST A TE TAXES AND SPECIAL ASSESSMENTS.
A. No general real estate taxes or installments of special assessments are owed for 2006 or prior
years. Except as otherwise provided herein, Buyer shall pay general real estate taxes and
installments of special assessments for the Subject Property due and payable in the year of
closing, if any, and for following years;
B. Buyer shall pay on or before the Date of Closing all levied and pending special assessments;
C. No deferred real estate taxes (including "Green Acres" taxes underMlNN. STAT. S273.111)or
special assessments are required to be paid as a result of the closing of this Agreement;
D. Seller shall be responsible for payment of special assessments identified under the Special
Assessment Agreement attached hereto as Exhibit B.
6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES.
Seller warrants that there has been no labor or material furnished to the Subject Property for Seller
for which payment has not been made.
7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's
authorized agents shall have the right during the period from the date of this Agreement to the
Date of Closing to enter in and upon the Subject Property in order to make, at Buyer's expense,
surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees
130674.04
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to restore any resulting damage to the Subject Property and to indemnify, hold harmless and
defend Seller from any and all claims by third persons of any nature whatsoever arising from
Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs,
expenses and attorneys' fees. Buyer shall not perform any invasive testing of the Subject
Property without Seller's prior written consent. Seller's consent may be conditioned upon any
restrictions that Seller deems necessary. Buyer shall provide to Seller a copy of any such
surveys, measurements, soil tests or other tests within five (5) days after receipt.
8. POSSESSION. Seller shall deliver possession of the Subject Property not later than the actual
date of closing.
9. TITLE INSURANCE BY SELLER. Within fifteen (15) days of the date of this Agreement,
Buyer shall be responsible for obtaining title evidence and reviewing title to the Subject Property.
Buyer shall be allowed twenty (20) business days after the receipt of the title commitment for
examination of title and making any objections, which shall be made in writing or deemed
waived.
10. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of
Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections,
Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable
within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by
payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller
shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein
and the closing shall be postponed.
A. If notice is given and Seller makes title marketable, then upon presentation to Buyer
and proposed lender of documentation establishing that title has been made
marketable, and if not objected to in the same time and manner as the original title
objections, the closing shall take place within ten (10) business days or on the
scheduled closing date, whichever is later.
B. If notice is given and Seller proceeds in good faith to make title marketable but the
120 days period expires without title being made marketable, Buyer may declare this
Purchase Agreement null and void by notice to Seller, neither party shall be liable for
damages hereunder to the other, and earnest money shall be refunded to Buyer.
C. If Seller does not give notice of intention to make title marketable, or if notice is
given but the 120 day period expires without title being made marketable due to
Seller's failure to proceed in good faith, Buyer may
(a) Undertake proceedings to correct the objections to title; or
(b) Rescind this Purchase Agreement by notice as provided herein, in
which case the Purchase Agreement shall be null and void and all
earnest money paid shall be refunded to Buyer.
D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in
any of the agreements herein, Seller's sole remedy is to cancel this contract as
provided by statute and retain all payments made hereunder as liquidated damages.
E. If title is marketable, or is made marketable as provided herein, and Seller defaults
in any of the agreements herein, Buyer's exclusive remedy is rescission of this
130674.04
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Purchase Agreement by notice as provided herein.
If any objection is so made, Seller shall have ten (10) business days from receipt of Buyer's
written title objections to notify Buyer of Seller's intention to make title marketable within one
hundred twenty (120) days from Seller's receipt of such written objection. If notice is given,
payments hereunder required shall be postponed pending correction of title, but upon correction
of title and within ten (10) days after written notice to Buyer, the parties shall perform this
Agreement according to its terms. If no such notice is given or if notice is given but title is not
corrected within the time provided for, this Agreement shall be null and void at the option of the
Buyer. Neither party shall be liable for damages hereunder to the other and the earnest money, if
any, shall be refunded by Seller. Buyer and Seller agree to sign a cancellation of this Agreement.
11. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to
the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing.
12. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota.
13. WELL DISCLOSURE. [Check one of the following: ]
XX Seller certifies that Seller does not know of any wells on the Subject Property.
_ Wells on the Subject Property are disclosed by Seller on the attached Well Disclosure
form.
14. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check
one of the following: ]
XX Seller certifies that Seller does not know of any individual on-site sewage treatment
systems on the Subject Property.
_ Individual on-site sewage treatment systems on the Subject Property are disclosed by Seller
on the attached Disclosure form.
15. SELLER'S COVENANTS, REPRESENT A TIONS AND WARRANTIES.
A. Seller as part of the consideration therefore, represents, warrants, and covenants with
Buyer and its successors and assigns that:
1. Seller warrants and represents to Buyer that, to Seller's knowledge, without
investigation, no entity or person has, at any time:
a) "released" or actively or passively consented to the "release" or "threatened
release"of any Hazardous Substance (as defined below) from any "facility" or
"vessel" located on or used in connection with the Subject Property or adjacent
tracts in violation of applicable laws; or
b) taken any action in "response" to a "release" in connection with the Subject
Property or adjacent tracts; or
c) otherwise engaged in any activity or omitted to take any action which could
subject Seller or Buyer to claims for intentional or negligent torts, strict or
absolute liability, either pursuant to statute or common law, in connection with
Hazardous Substances (as defined below) located in or on the Subject Property or
130674.04
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adjacent tracts, including the generating, transporting, treating, storage, or
manufacture of any Hazardous Substance (as defined below) in violation of
applicable law. The terms set within quotation marks above shall have the
meaning given to them in the Comprehensive Environmental Response and
Liability Act, 42 U.S.c. Sec. 9601 et seq., as amended ("CERCLA") and any state
environmental laws.
2. Seller has the present full authority and power to execute this Agreement and to close
the sale of the Subject Property.
B. All of Seller's covenants, representations and warranties in this Agreement shall be true as
of the date hereof and of the Closing Date, and shall be a condition precedent to the
performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant,
representation, or warranty is not true, Buyer may elect prior to Closing, in addition to any
of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the
Closing Date up to ninety (90) days to allow time for correction. If Buyer elects to
proceed with the Closing following such discovery, Buyer shall be deemed to have
waived its rights to assert a claim against Seller arising from the inaccuracy or
untruthfulness of any such covenant, representation, or warranty.
C. Unless required by local ordinance or lending regulations, Seller does not plan to have the
Subject Property inspected. Other than the representations made in this Section, the Subject
Property is being sold "AS IS" with no express or implied representations or warranties by
Seller as to physical conditions or fitness for any particular purpose.
16. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivering a Minnesota Uniform
Conveyancing Blank [Form No. 116-M, 117-M, or 118-M] Affidavit of Seller.
17. CLOSING. The closing (the "Closing") shall be at a location designated by Buyer, and shall
occur no later than 30 days after the City of Chanhassen's assessment hearing for City Project No.
06-06 which is tentatively scheduled for July 11, 2007 ("Closing Date"). If the Closing does not
occur on or before , then this Agreement shall become null and void and the
parties shall sign a cancellation of this Purchase Agreement and, in such event, the earnest money
shall be retained by Seller, except where closing fails to occur due to a Buyer Contingency not being
met. At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax
Identification Numbers for the purposes of completing state and federal tax forms.
18. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the
"Closing Documents"):
(1) Limited Warrantv Deed. A Limited Warranty Deed in recordable form and
reasonably satisfactory to Buyer, which shall include the following well
representations: "Seller certifies that the Seller does not know of any wells on the
described Subject Property."
(2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date
of Closing there are no outstanding, unsatisfied judgments, tax liens or bankrupt-
130674.04v
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cies against or involving Seller or the Subject Property; that there has been no
skill, labor or material furnished to the Subject Property for which payment has
not been made or for which mechanic's liens could be filed; and that there are no
other unrecorded interests in the Subject Property.
(3) Non-Foreh!ll Person Certification. A certification in form and content
satisfactory to the parties hereto and their counsel, properly executed by Seller,
containing such information as shall be required by the Internal Revenue Code,
and the regulations issued thereunder, in order to establish that Seller is not a
"foreign person" as defined in ~1445(f)(3) of such Code and such regulations.
(4) Storae:e Tanks. If required, an affidavit with respect to storage tanks pursuant to
Minn. Stat. ~ 116.48.
(5) Well Certificate. If there is a well located on the Subject Property, a well
disclosure certificate in form and substance true to form for recording.
(6) Certification. A certification that the representations and/or warranties made by
Seller are materially the same as were in existence on the date of this Agreement
or noting any changes thereto; and
(7) Public Improvement and Special Assessment Ae:reement. Seller's waiver of
the right to appeal the assessment of Seller's property for City Project no. 06-06 in
the form attached hereto as Exhibit B.
(8) Other Documents. All other documents reasonably determined by either party
and the title insurance company to be necessary to transfer and provide title
insurance for the Subject Property.
B. At the Closing, Buyer shall execute and deliver to Seller the following:
(1) All documents reasonably determined by either party and the title insurance
company to be necessary to provide title insurance for the Subject Property;
(2) Payment of the Purchase Price.
19. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as
follows:
A. Buyer shall pay:
(1) Recording fee for the Limited Warranty Deed;
(2) The closing fee charged by the Title Company;
(3) The premium for owner's title insurance, including survey coverage;
(4) State deed tax;
(5) Conservation fee attributable to the Limited Warranty Deed; and
(6) Costs associated with City approval of an administrative subdivision for the
conveyance under the Limited Warranty Deed;
B. Seller shall pay:
(1) All costs of obtaining a title insurance commitment.
20. ADDITIONAL TERMS.
A. At Closing, Seller and Buyer shall execute the Public Improvement and Special Assessment
130674.04
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Agreement in the form attached hereto as Exhibit B.
B. Seller agrees that the Purchase Price is inclusive of any and all amounts for relocation
expenses, and Seller agrees that by acceptance of the consideration provided for herein, Seller
releases and discharges the City of Chanhassen, Minnesota, and its officers, employees,
agents, successors and assigns, of and from any and all liability and claims, at law or in
equity, and under any state or federal law, for relocation expenses or real and personal
property taken, including damages, interest, and costs, arising out of or in connection with the
acquisition of the Subject Property. Buyer and Seller (and any affiliate of Seller in
possession of the Subject Property) shall, contemporaneously with execution of this
Agreement, enter into an Agreement Regarding Waiver, Payment and Assignment of
Relocation Benefits substantially in the form attached hereto as Exhibit C.
C. The City agrees to process the administrative subdivision required for the sale of the Subject
Property and pay all costs associated with the administrative subdivision on or before the
Date of Closing.
D. The Buyer's obligations under this Agreement are expressly contingent upon Buyer's
satisfaction with each of the following prior to Closing:
(1) Buyer approving construction of City Improvement Project No. 06-06 on or before the
Date of Closing; and
(2) Buyer determining on or before the Closing Date, that it is satisfied, in its sole discretion,
with the results of matters disclosed by a Phase I Environmental Audit or by any
environmental/engineering investigation or testing of the Subject Property performed by
Buyer or Buyer's agent. By executing this Agreement, Seller hereby authorize Buyer to enter
upon the Subject Property at reasonable times to conduct the investigations and/or tests
described herein. Buyer shall be solely responsible for all environmental tests and shall hold
Seller harmless from any such costs and shall indemnify Seller for breach of this provision
including reasonable attorneys' fees.
E. Buyer represents, warrants, and covenants with Seller and its successors and assigns that
Buyer has the present full authority and power to execute this Agreement and to close the
sale of the Subject Property.
21. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement.
22. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase
Agreement.
23. MULTIPLE ORIGINALS. Seller and Buyer have signed [number)
originals of this Purchase Agreement.
130674.04
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I agree to buy the Subject Property for the price and terms and conditions set forth above.
BUYER:
CITY OF CHANHASSEN
By:
Dated:
,2007
And:
I agree to sell the Subject Property for the price and terms and conditions set forth above.
SELLER:
WESTWOOD COMMUNITY CHURCH
By:
Dated:
,2007
Its:
130674.04
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
The westerly 30 feet of the following described parcel.
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North
69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the
Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13
minutes 44 seconds West, a distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds
West, a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East, a distance of
206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 368.57 feet; thence
South 41 degrees 10 minutes 18 seconds West a distance of 410.76 feet; thence South 7 degrees 50
minutes 18 seconds West a distance of 350.24 feet; thence South 13 degrees 35 minutes 53 seconds
East a distance of 397.22 feet; thence South 8 degrees 05 minutes 03 seconds East a distance of
38.84 feet; thence North 89 degrees 43 minutes 07 seconds West about 385 feet, to the shoreline of
Lake Minnewashta; thence Southerly along said shoreline, to the south line of said Government Lot
8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of Government Lot 8
about 1756 feet to the southeast comer of said Government Lot 8; thence South 89 degrees 32
minutes 26 seconds East, along the south line of said Northwest Quarter of the Southwest Quarter, a
distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast corner of said Northwest
Quarter of the Southwest Quarter; thence North 0 degrees 34 minutes 36 seconds West a distance of
281.21 feet; thence South 89 degrees 40 minutes 26 seconds East a distance of 225.90 feet; thence
North 0 degrees 23 minutes 47 seconds West a distance of 17.74 feet; thence North 89 degrees 05
minutes 22 seconds East a distance of 20.56 feet, to the east line of said Northwest Quarter of the
Southwest Quarter; thence North 0 degrees 54 minutes 38 seconds West; along last said East line, a
distance of 1046.12 feet to said point of beginning.
EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian,
described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of
the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13
130674.04
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minutes 44 seconds West, a distance of283.38 feet; thence South 10 degrees 46 minutes 16 seconds
West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of
131.14 feet to the point of beginning ofthe land to be described; thence continuing South 71 degrees
39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16
seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a
distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 451.81
feet to the point of beginning.
ALSO EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principle Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of
the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet, to point hereinafter referred to
as "Point A", thence North 69 degrees 13 minutes 44 seconds West a distance of283.38 feet; thence
South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39
minutes 26 seconds East a distance of 115.18 feet to the point of beginning of the land to be
described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 15.96 feet;
thence North 10 degrees 46 minutes 16 seconds East a distance of 451.81 feet; thence North 71
degrees 39 minutes 26 seconds West, a distance of 131.14 feet; thence North 10 degrees 46 minutes
16 seconds East, a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West a
distance of 355.20 feet, to a point distant 638.58 feet northwesterly from the above referenced "Point
A"; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1
degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51
seconds West a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a
distance of 1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40
seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a
distance of 390.62 feet to the point of beginning.
ALSO EXCEPT:
All of ZIMMERMAN FARM 1ST ADDITION, according to the recorded plat thereof, including
Lots 1 and 2, Block 1, and the roads dedicated to the public in said plat.
ALSO EXCEPT:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty-
three (23) West of the 5th Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of
the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13
130674.04
9
minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds
West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of
617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet to the
point of beginning of the land to be described; thence continuing North 10 degrees 46 minutes 16
seconds East; a distance of 56.31 feet; thence North 69 degrees 42 minutes 15 seconds West, a
distance of 131.82 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 60.84
feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of
beginning.
ALSO EXCEPT:
That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One
Hundred Sixteen (116) North, Range Twenty-Three (23) West of the 5th Principal Meridian,
described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West (based on a bearing of North 0 degrees 35 minutes 15
seconds West for a straight line between the northwest corner and the southwest corner of said
section 9) a distance of 750.1 feet to the point of beginning of the land to be described; thence
continue North 69 degrees 42 minutes 15 seconds West a distance of 228.35 feet; thence South 36
degrees 06 minutes 16 seconds West a distance of 18.77 feet to the northerly corner of the easterly
end of Field Lane, dedicated in SUNSET Hll..L ON LAKE MINNEW ASHT A, according to the
found monumentation of the recorded plat thereof; thence South 38 degrees 21 minutes 19 seconds
East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly corner of said
easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West, along the
southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10 degrees
46 minutes 16 seconds West a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds
East a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of
60.84 feet to said point of beginning.
130674.04
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TRACT I
TRACT 2
TRACT
TRACT
TRACT
PARCEL A
PlDt-2S008-mo
OWNER-WESTWOOD COMMUNlTYCHURCH
AREA OF PROPOSED RlGlIT.QF.WAY c 17.907 SQ.Fr I 0.41 ACRES
~
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EXHIBIT B
PUBLIC IMPROVEMENT
AND SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of ,2007, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and WESTWOOD
COMMUNITY CHURCH, a non-profit corporation (the "Owner").
RECITALS
A. Owner is the fee owner of property located in the City of Chanhassen, Carver County,
Minnesota, as legally described in the attached Exhibit "A" (the "Subject Property").
B. The City has approved Dogwood Road Improvements, City Project No. 06-06, which
includes street, storm drainage, watermain and sanitary sewer improvements along Dogwood Road
on the east shore of Lake Minnewashta.
C. Owner acknowledges that the improvements identified in City Project No. 06-06
will benefit the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENTS. The City will construct the improvements identified
for City Project No. 06-06 which serve the Subject Property generally in accordance with the
approved Feasibility Report, Dogwood Road Improvements City Project No. 06-06, prepared by
Kimley-Horn and Associates, Inc., February, 2007 if bids satisfactory to the City are received.
2. SPECIAL ASSESSMENTS. If the Public Improvement is constructed, the City
will assess the principal amount of $56,221.82 against the Subject Property for the Public
Improvement. The assessment shall be deemed adopted on the date this Agreement is signed by
the City. The assessment shall be paid over a lO-year period without deferment, together with
6% interest on the unpaid balance. Interest shall accrue 60 days after City Council approval of
the assessment roll. The first installment shall be due and payable with first half of property
taxes in 2008. The Owner waives any and all procedural and substantive objections to the
installation of the public improvements and the special assessment, including but not limited to
hearing requirements and any claim that the assessment exceeds the benefit to the property. The
Owner waives any appeal rights otherwise available pursuant to M.S.A. ~ 429.081.
130674.04
11
3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Owner and the Owner's successors and assigns. This Agreement may be recorded against the title to
the subject property.
CITY OF CHANHASSEN
BY:
, Mayor
(SEAL)
AND
, City Manager
OWNER:
WESTWOOD COMMUNITY CHURCH
BY:
Its
AND
Its
STATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2007, by and by , the Mayor and
City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
130674.04
12
ST ATE OF MINNESOTA)
( ss.
COUNTY OF CARVER )
day of
and by
the and
of Westwood Community Church, a Minnesota non-profit
The foregoing instrument was acknowledged before me this
, 2007, by
corporation, on its behalf.
DRAFfED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
130674.04
NOTARY PUBLIC
13
EXIDBIT A
TO
PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT
Legal Description of Subject Property:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North
69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the
Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13
minutes 44 seconds West, a distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds
West, a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East, a distance of
206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 368.57 feet; thence
South 41 degrees 10 minutes 18 seconds West a distance of 410.76 feet; thence South 7 degrees 50
minutes 18 seconds West a distance of 350.24 feet; thence South 13 degrees 35 minutes 53 seconds
East a distance of 397.22 feet; thence South 8 degrees 05 minutes 03 seconds East a distance of
38.84 feet; thence North 89 degrees 43 minutes 07 seconds West about 385 feet, to the shoreline of
Lake Minnewashta; thence Southerly along said shoreline, to the south line of said Government Lot
8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of Government Lot 8
about 1756 feet to the southeast corner of said Government Lot 8; thence South 89 degrees 32
minutes 26 seconds East, along the south line of said Northwest Quarter of the Southwest Quarter, a
distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast corner of said Northwest
Quarter of the Southwest Quarter; thence North 0 degrees 34 minutes 36 seconds West a distance of
281.21 feet; thence South 89 degrees 40 minutes 26 seconds East a distance of 225.90 feet; thence
North 0 degrees 23 minutes 47 seconds West a distance of 17.74 feet; thence North 89 degrees 05
minutes 22 seconds East a distance of 20.56 feet, to the east line of said Northwest Quarter of the
Southwest Quarter; thence North 0 degrees 54 minutes 38 seconds West; along last said East line, a
distance of 1046.12 feet to said point of beginning.
EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9, Township 116 North, Range 23 West ofthe 5th Principal Meridian,
described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of
the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
130674.04
14
South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13
minutes 44 seconds West, a distance of283.38 feet; thence South 10 degrees 46 minutes 16 seconds
West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of
131.14 feet to the point of beginning of the land to be described; thence continuing South 71 degrees
39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16
seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a
distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 451.81
feet to the point of beginning.
ALSO EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principle Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of
the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet, to point hereinafterreferred to
as "Point A", thence North 69 degrees 13 minutes 44 seconds West a distance of283.38 feet; thence
South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39
minutes 26 seconds East a distance of 115.18 feet to the point of beginning of the land to be
described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 15.96 feet;
thence North 10 degrees 46 minutes 16 seconds East a distance of 451.81 feet; thence North 71
degrees 39 minutes 26 seconds West, a distance of 131.14 feet; thence North 10 degrees 46 minutes
16 seconds East, a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West a
distance of 355.20 feet, to a point distant 638.58 feet northwesterly from the above referenced "Point
A"; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1
degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51
seconds West a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a
distance of 1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40
seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a
distance of 390.62 feet to the point of beginning.
ALSO EXCEPT:
All of ZIMMERMAN FARM 1ST ADDITION, according to the recorded plat thereof, including
Lots 1 and 2, Block 1, and the roads dedicated to the public in said plat.
ALSO EXCEPT:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty-
three (23) West of the 5th Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of
the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of
978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence
130674.04
15
South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13
minutes 44 seconds West, a distance of283.38 feet; thence South 10 degrees 46 minutes 16 seconds
West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of
617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet to the
point of beginning of the land to be described; thence continuing North 10 degrees 46 minutes 16
seconds East; a distance of 56.31 feet; thence North 69 degrees 42 minutes 15 seconds West, a
distance of 131.82 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 60.84
feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of
beginning.
ALSO EXCEPT:
That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One
Hundred Sixteen (116) North, Range Twenty-Three (23) West of the 5th Principal Meridian,
described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence
North 69 degrees 42 minutes 15 seconds West (based on a bearing of North 0 degrees 35 minutes 15
seconds West for a straight line between the northwest corner and the southwest corner of said
section 9) a distance of 750.1 feet to the point of beginning of the land to be described; thence
continue North 69 degrees 42 minutes 15 seconds West a distance of 228.35 feet; thence South 36
degrees 06 minutes 16 seconds West a distance of 18.77 feet to the northerly corner of the easterly
end of Field Lane, dedicated in SUNSET HilL ON LAKE MINNEW ASHT A, according to the
found monumentation of the recorded plat thereof; thence South 38 degrees 21 minutes 19 seconds
East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly corner of said
easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West, along the
southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10 degrees
46 minutes 16 seconds West a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds
East a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of
60.84 feet to said point of beginning.
EXCEPT:
The westerly 30 feet of the above described Subject Property.
130674.04
16
EXHIBIT C
A2reement Re2ardin2 Waiver. Payment and Assi2nment of Relocation Benefits
THIS AGREEMENT REGARDING WAIVER AND ASSIGNMENT OF
RELOCATION BENEFITS (this "Agreement") is made as of ,2007, by and
among WESTWOOD COMMUNITY CHURCH, a Minnesota non-profit corporation ("Seller"),
the CITY OF CHANHASSEN, a Minnesota municipal corporation ("Buyer").
RECITALS:
Seller and Buyer entered into a purchase agreement (the "Purchase Agreement")
dated as of , 2007, related to certain property in Chanhassen, Minnesota.
Seller has been advised of its rights and payments that Seller may be eligible to
receive pursuant to the Uniform Relocation Assistance Act (the "Act").
Seller acknowledges it has sought and received the advice of legal counsel and has
been specifically advised as to relocation, moving, reestablishment, and other costs that may be
available to the Seller under the Act.
Seller and Buyer desire to enter into this Agreement to confirm their
understanding of the Seller's waiver, sale and assignment of any claim for any relocation benefits
and/or other relocation costs due or payable to Seller, whether pursuant to the Act or otherwise.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Effective as of the date hereof, Seller hereby acknowledges that the
payment of the Purchase Price includes payment for Relocation Benefits and hereby waives any
right to receive any additional relocation payments pursuant to the Act (or other federal or state
law provisions) with respect to the Property.
2. Effective as of the date hereof, Seller hereby sells, transfers and assigns to
Buyer any benefits, payments, claims, or other rights due or payable to Seller pursuant to the Act
(or other federal or state law provisions) with respect to the Property.
3. Seller acknowledges that it has freely waived such rights of its own volition.
4. Seller acknowledges that it has waived such rights with full knowledge of the
specific relocation benefits to which it would otherwise be entitled.
5. This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one instrument.
130674.04
17
6. This Agreement shall be null and void if the Purchase Agreement shall
terminate or if Closing under the Purchase Agreement shall fail to occur for any reason.
IN WITNESS WHEREOF, this Waiver of Relocation Benefits Agreement has been
executed by the parties hereto as of the day and year first above written.
SELLER:
WESTWOOD COMMUNITY CHURCH
By:
Its:
BUYER:
CITY OF CHANHASSEN
By:
, Mayor
And:
Todd Gerhardt, City Manager
130674.04
18
VACANTLANI) PURCHASE AGREEMENT
1. PARTIES. 1bis Purchase Agreement is made on the _ day of ,2007, by
and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, of7700 Market
Boulevard, PO Box 147, Chanhao:;sen, MN 55317, ("Buyer"), and GRETCHEN L.F. STARKS AS
TRUSTEE OF TIlE PETERSON REVOCABLE TRUST UNDER AGREEMENT DATED
JANUARY 25, 2001 ("Seller").
2. OFFER! ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located
in the City ofChanhassen, County of Carver, State of Minnesota, legally described as provided in
Exhibit A attached hereto and made a part hereof ("Subject Property").
3. PRICE AND TERMS. The price for the real and personal property included under this Purchase
Agreement is One Hundred Seven Thousand Seven Hundred Eighty Seven and 00/1 00 Dollars
($107,787.00), which Buyer shall pay in cash on the closing date ("Closing Date").
4. DEEDIMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver
a Limited Warranty Deed, conveying good and marketable title of record, subject to:
A. Building and zoning laws, ordinances, state and federal regulations;
B. The lien of real property taxes and the lien of special assessments and interest due thereon, if
any, payable in the year of closing which by the terms of this Purchase Agreement are to be
paid or assumed by the Buyer pursuant to section 5B below.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. Prior Years' Delinauent Real Estate Taxes and Delinauent S~ial Assessments. Delinquent
real estate taxes payable in years prior to the year of Closing and delinquent installments of
special assessments certified for collection with real estate taxes payable in years prior to the
year of Closing, together with penalty, interest and costs, shall be paid by Seller not later than
the Date of Closing.
B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the year of
Closing based on the value of the land only shall be prorated on a square footage basis
between Seller and Buyer on a calendar year basis to the Date of Closing. Seller shall be
responsible for all real estate taxes payable in the year of Closing based on the value of the
building. Buyer shall assume installments not paid at Closing. Seller shall pay penalty,
interest and costs on any delinquent installment of taxes and special assessments payable by
Seller in the year of Closing.
C. Certified Special Assessments. All installments of special assessments certified for payment
with the real estate taxes payable in the year of Closing shall be paid by Seller at Closing.
D. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all other
special assessments levied as of the date of this Purchase Agreement.
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E. City Improvement Proiect No. 06-06. Seller shall be responsible for payment of special
assessments identified under the Special Assessment Agreement attached hereto as Exhibit
B.
6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIENW ARRANTIES.
Seller warrants that, to Seller's knowledge, without investigation, buildings on adjoining real
property, if any, are entirely outside of the boundary lines of the property. Seller warrants that, to
Seller's knowledge, without investigation, there is a right of access to the real property from a public
right of way. Seller warrants that there has been no labor or material furnished to the property for
Seller for which payment has not been made. Seller warrants that, to Seller's knowledge, without
investigation, there are no present violations of any restrictions relating to the use or improvement of
the property.
7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's
authorized agents shall have the right during the period from the date of this Agreement to the Date
of Closing to enter in and upon the Property in order to make, at Buyer's expense, surveys,
measurements, environmental, soil tests and other tests that Buyer shall deem necessary. Buyer
agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend
Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right
of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and
attorneys' fees. Buyer shall not perform any invasive testing of the Property without Seller's prior
written conSent, which consent shall not be unreasonably withheld. Seller's consent may be
conditioned upon any restrictions that Seller deems necessary. Buyer shall provide to Seller a copy
of any such surveys, measurements, environmental, soil tests or other tests within five (5) days after
receipt.
8. POSSESSION. Seller shall deliver possession of the property not later than the actual date of
closing.
9. TITLE INSURANCE BY SELLER. Buyer shall be responsible for obtaining title evidence and
reviewing title to the Subject Property. Buyer shall be allowed twenty (20) business days after the
receipt of the title commitment for examination of title and making any objections, which shall be
made in writing or deemed waived. The administrative subdivision required for the conveyance
contemplated herewtder shall not be a basis for objection to the marketability of title.
10. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of
Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections,
Seller shall, within ten (10) business days, notifY Buyer of Seller's intention to make title marketable
within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by
payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller
shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein
and the closing shall be postponed.
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A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and
proposed lender of documentation establishing that title has been made marketable, and if not
objected to in the same time and manner as the original title objections, the closing shall take
place within ten (10) business days or on the scheduled closing date, whichever is later.
B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 days
period expires without title being made marketable, Buyer may declare this Purchase
Agreement null and void by notice to Seller, neither party shall be liable for damages
hereunder to the other, and earnest money shall be refunded to Buyer.
C. If Seller does not give notice of intention to make title marketable, or if notice is given but
the 120 day period expires without title being made marketable due to Seller's failure to
proceed in good faith, Buyer may seek, as permitted by law, anyone or more of the
following:
1. Proceed to closing without waiver or merger in the Deed of the objections to title and
without waiver of any remedies, and may:
(a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law
(damages under this subparagraph (a) shall be limited to the cost of curing objections
to title, and consequential damages are excluded); or,
(b) Undertake proceedings to correct the objections to title;
2. Rescission of this Purchase Agreement by notice as provided herein, in which case the
Purchase Agreement shall be null and void and all earnest money paid shall be refunded
to Buyer;
3. Damages from Seller including costs and reasonable lawyer's fees, as permitted by law;
4. Specific performance within six months after such right of action arises.
D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of
the agreements herein, Seller may elect either of the following options, as permitted by law:
1. Cancel this contract as provided by statute and retain all payments made hereunder as
liquidated damages. The parties acknowledge their intention that any note given
pursuant to this contract is a down payment note, and may be presented for payment
notwithstanding cancellation;
2. Seek specific performance within six months after such right of action arises, including
costs and reasonable lawyer's fees, as permitted by law.
E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of
the agreements herein, Buyer's exclusive remedy is rescission of this Purchase Agreement by
notice as provided herein. '
If any objection is so made, Seller shall have ten (10) business days from receipt of Buyer's written
title objections to notify Buyer of Seller's intention to make title marketable within one hundred
twenty (120) days from Seller's receipt of such written objection. If notice is giveIl; payments
hereunder required shall be postponed pending correction of title, but upon correction of title and
within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according
to its terms. If no such notice is given or if notice is given but title is not corrected within the time
provided for, this Agreement shall be null and void at the option of the Buyer. Neither party shall be
liable for damages hereunder to the other and the earnest money, if any, shall be refunded by Seller.
Buyer and Seller agree to sign a cancellation of this Agreement.
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11. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to
the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing.
12. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota.
13. WELL DISCLOSURE. [Check one of the following: ]
:xx Seller certifies that Seller does not know of any wells on the property.
_ Wells on the property are disclosed by Seller on the attached Well Disclosure form.
14. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check
one of the following: ]
:xx Seller certifies that Seller does not know of any individual on-site sewage treatment
systems on the property.
_ Individual on-site sewage treatment systems on the property are disclosed by Seller on the
attached Disclosure form.
15. SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES. Unless required
by local ordinance or lending regulations, Seller does not plan to have the property inspected. The
property is being sold "AS IS" with no express or implied representations or warranties by Seller as
to physical conditions or fitness for any particular purpose.
16. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivering a Minnesota Uniform
Conveyancing Blank. [Form No. 116-M, 117-M, or 118-M] Affidavit of Seller.
17. CLOSING. The closing (the "Closing") shall be at a location designated by Buyer, and shall
occur no later than 30 days after the City of Chanhassen' s assessment hearing for City Project No.
06-06 which is tentatively scheduled for July 11, 2007 ("Closing Date"). If the Closing does not
occur on or before September 1, 2007, then this Agreement shall become null and void and the
parties shall sign a cancellation of this Purchase Agreement. At closing, Seller and Buyer shall
disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of
completing state and federal tax forms.
18. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the
"Closing Documents"):
(1) Limited Warrantv Deed. A Limited Warranty Deed in recordable form and
reasonably satisfactory to Buyer, which shall include the following well
representations: "Seller certifies that the Seller does not know of any wells on the
described Property."
(2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of
Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies
against or involving Seller or the Property; that there has been no skill, labor or
material furnished to the Property for which payment has not been made or for which
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mechanic's liens could be filed; and that there are no other unrecorded interests in the
Property.
(3) Non-Foreim Person Certification. A certification in form and content satisfactory
to the parties hereto and their counsel. properly executed by Seller. containing such
information as shall be required by the Internal Revenue Code. and the regulations
issued thereunder, in order to establish that Seller is not a "foreign person" as defined
in ~ 1445(t)(3) of such Code and such regulations.
(4) Stora2e Tanks. If required. an affidavit with respect to storage tanks pursuant to
Minn. Stat. ~ 116.48.
(5) Well Certificate. If there is a well located on the Property, a well disclosure
certificate in form and substance true to fonn for recording.
(6) Public Improvement and Special Assessment A2I"eement. Seller's waiver of the
right to appeal the assessment of Seller's property for City Project no. 06-06 in the
fonn attached hereto as Exhibit B.
(7) Other Documents. All other documents reasonably determined by either party and
the title insurance company to be necessary to transfer and provide title insurance for
the Property.
B. At the Closing, Buyer shall execute and deliver to Seller the following:
(1) All documents reasonably determined by either party and the title insurance company
to be necessary to provide title insurance for the Property;
(2) Payment of the Purchase Price.
19. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows:
A. Buyer shall pay:
(1) Recording fee for the Limited Warranty Deed;
(2) The closing fee charged by the Title Company;
(3) All costs of obtaining a title insurance commitment and the premium for owner's title
insurance, including survey coverage;
(4) State deed tax;
(5) Conservation fee attributable to the Limited Warranty Deed; and
(6) Costs associated with City approval of an administrative subdivision for the
conveyance under the Limited Warranty Deed;
(7) Reimbursement of Seller's appraisal costs for the appraisal prepared by CB Richard
Ellis in the amount of $1,200.00.
20. ADDITIONAL TERMS.
A. At Closing, Seller and Buyer shall execute the Public Improvement and Special Assessment
Agreement in the fonn attached hereto as Exhibit B.
B. Seller agrees that the Purchase Price is inclusive of any and all amounts for relocation
expenses, and Seller agrees that by acceptance of the consideration provided for herein,
Seller releases and discharges the City of Chanhassen, Minnesota, and its officers,
employees, agents, successors and assigns, of and from any and all liability and claims, at
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law or in equity, and under any state or federal law, for relocation expenses or real and
personal property taken, including damages, interest, and costs, arising out of or in
connection with the acquisition of the Property. Buyer and Seller (and any affiliate of Seller
in possession of the Property) shall, contemporaneously with execution of this Agreement,
enter into an Agreement Regarding Waiver, Payment and Assignment of Relocation Benefits
substantially in the form attached hereto as Exhibit C.
C. The City agrees to process the administrative subdivision required for the sale of the Subject
Property and pay all costs associated with the administrative subdivision.
D. The Buyer's obligations under this Agreement are expressly contingent upon Buyer's
satisfaction with each of the following prior to Closing:
(1) Buyer approving construction of City Improvement Project No. 06-06 on or before the
Date of Closing; and
(2) Buyer determining on or before the Closing Date, that it is satisfied, in its sole discretion,
with the results of matters disclosed by a Phase I Environmental Audit or by any
environmental/engineering investigation or testing of the Subject Property performed by
Buyer or Buyer's agent. By executing this Agreement, Seller hereby authorize Buyer to enter
upon the Subject Property at reasonable times to conduct the investigations and/or tests
described herein. Buyer shall be solely responsible for all environmental tests and shall hold
Seller harmless from any such costs and shall indemnifY Seller for breach of this provision
including reasonable attorneys' fees.
E. The City will construct a berm on Seller's remaining property for additional screening along
Tanodoona Drive at the time of construction of City Project No. 06-06 based on the plans
and specifications attached hereto as Exhibit "D". The City will cooperate with Seller's in
designing the berm, which will be no higher than 5 feet, no longer than 350 feet, and
constructed in accordance with City Code and any other applicable stated, federal and local
laws. Construction of the berm is conditioned upon Seller's providing the City with a Right
of Entry in a form acceptable to Buyer for the construction work.
21. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement.
22. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase
Agreement.
23. MULTIPLE ORIGINALS. Seller and Buyer have signed [number)
originals of this Purchase Agreement.
130681.06
EXlDBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Parcel A:
The westerly and northerly 30 feet of the following described parcel located in the County of Carver ,
State of Minnesota:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter;
thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said
Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39
seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds
West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East a distance
of 40.00 feet, to a point hereinafter referred to as "Point A"; thence North 69 degrees 13
minutes 44 seconds West a distance of283.38 feet; thence South 10 degrees 46 minutes 16
seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East
a distance of 115.18 feet, to the point of beginning of the land to be described; thence North
71 degrees 39 minutes 26 seconds West a distance of 115.18 feet; thence North 10 degrees
46 minutes 16 seconds East a distance of 492.43 feet; thence North 69 degrees 13 minutes 44
seconds West a distance of355.20 feet, to a point distant 638.58 feet northwesterly from the
above referenced "Point At!; thence North 87 degrees 00 minutes 49 seconds West a distance
of22.78 feet, to a point hereinafter known as "Point X"; thence North 87 degrees 00 minutes
49 seconds West a distance of 800.21 feet; thence South 1 degree 58 minutes 09 seconds
East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a
distance of303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of
1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds
West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a
distance of 390.62 feet to the point of beginning, subject to easements, if any.
Which lies westerly of a line drawn South 26 degrees 28 minutes 40 seconds West from the above
referenced "Point X".
Parcel B:
The most northerly 30 feet of the following described parcel, abutting Tanadoona Drive, in the
County of Carver, State of Minnesota:
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That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter;
thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said
Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39
seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds
West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East a distance
of 40.00 feet, to a point hereinafter referred to as "Point A"; thence North 69 degrees 13
minutes 44 seconds West a distance of 283.38 feet; thence South 10 degrees 46 minutes 16
seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East
a distance of 115.18 feet, to the point of beginning of the land to be described; thence North
71 degrees 39 minutes 26 seconds West a distance oflI5.I8 feet; thence North 10 degrees
46 minutes 16 seconds East a distance of 492.43 feet; thence North 69 degrees 13 minutes 44
seconds West a distance of355.20 feet, to a point distant 638.58 feet northwesterly from the
above referenced "Point A"; thence North 87 degrees 00 minutes 49 seconds West a distance
of22.78 feet, to a point hereinafter known as "Point X"; thence North 87 degrees 00 minutes
49 seconds West a distance of 800.21 feet; thence South 1 degree 58 minutes 09 seconds
East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a
distance of303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of
1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds
West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a
distance of 390.62 feet to the point of beginning, subject to easements, if any.
Which lies easterly of a line drawn South 26 degrees 28 minutes 40 seconds West from the above
referenced "Point X".
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I agree to buy the property for the price and terms and conditions set forth above.
BUYER:
CITY OF CHANHASSEN
By:
Dated:
And:
I agree to sell the property for the price and terms and conditions set forth above.
SELLER:
GRETCHEN L.F. STARKS AS TRUSTEE
OF THE PETERSON REVOCABLE TRUST
UNDmNfDATED
JANU .z ,20 1 U ~
By' , '~
. l -:>
Gretchen L.F. Starks, Trustee
Dated:
130681.06
, 2007
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, 2007
EXHIBIT B
PUBLIC IMPROVEMENT
AND SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of ,2007, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and GRETCHEN L.F.
STARKS AS TRUSTEE OF THE PETERSON REVOCABLE TRUST UNDER
AGREEMENT DATED JANUARY 25, 2001 (the "Owner").
RECITALS
A. Owner is the fee owner of two parcels located in the City of Chanhassen, Carver
County, Minnesota, as legally described in the attached Exhibit "A" (separately identified as "Parcels
A and B", collectively identified as the "Subject Property").
B. The City has approved Dogwood Road Improvements, City Project No. 06-06, which
includes street, storm drainage, watermain and sanitary sewer improvements along Dogwood Road
on the east shore of Lake Minnewashta.
C. Owner acknowledges that the improvements identified in City Project No. 06-06
will benefit the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENTS. The City will construct the improvements identified
for City Project No. 06-06 which serve the Subject Property generally in accordance with the
approved Feasibility Report, Dogwood Road Improvements City Project No. 06-06, prepared by
Kimley-Horn and Associates, Inc., February, 2007 if bids satisfactory to the City are received.
2. SPECIAL ASSESSMENTS. If the Public Improvement is constructed, the City
will assess the following principal amount for the Public Improvement:
Parcel A:
$74,610.54
The assessment shall be deemed adopted on the date this Agreement is signed by the City. The
assessment shall be paid over a lO-year period without deferment, together with 6% interest on
the unpaid balance. Interest shall accrue 60 days after City Council approval of the assessment
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roll. The first installment shall be due and payable with first half of property taxes in 2008. The
Owner waives any and all procedmal and substantive objections to the installation of the public
improvements and the special assessments, including but not limited to hearing requirements and
any claim that the assessment exceeds the benefit to the property. The Owner waives any appeal
rights otherwise available pursuant to M.S.A. ~ 429.081.
3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Owner and the Owner's successors and assigns. This Agreement may be recorded against the title to
the subject property.
CITY OF CHANHASSEN
BY:
. Mayor
(SEAL)
AND
, City Manager
OWNER:
GRETCHENLF. STARKS AS TRUSTEE OF TIlE
PETERSON REVOCABLE TRUST UNDER
::~~:~
Gretchen L.F. Starks, Trustee
130681.06
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2007, by and by , the Mayor and
City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
,2007, by Gretchen L.F. Starks as Trustee of the Peterson Revocable Trust
Under Agreement dated January 25.2001, on its behalf.
NOTARY PUBLIC
DRAFTED BY:
CAMPBEU. KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
130681.06
EXHIBIT A
TO
PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT
Legal Description of Subject Property:
Parcel A:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principal Meridian, in the County of Carver, State of
Minnesota described as follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter;
thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said
Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39
seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds
West a distance of18. 77 feet; thence South 38 degrees 21 minutes 19 seconds East a distance
of 40.00 feet, to a point hereinafter referred to as "Point A"; thence North 69 degrees 13
minutes 44 seconds West a distance of283.38 feet; thence South 10 degrees 46 minutes 16
seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East
a distance of 115.18 feet, to the point of beginning of the land to be described; thence North
71 degrees 39 minutes 26 seconds West a distance of115.18 feet; thence North 10 degrees
46 minutes 16 seconds East a distance of 492.43 feet; thence North 69 degrees 13 minutes 44
seconds West a distance of355.20 feet, to a point distant 638.58 feet northwesterly from the
above referenced "Point A"; thence North 87 degrees 00 minutes 49 seconds West a distance
of22.78 feet, to a point hereinafter known as "Point X"; thence North 87 degrees 00 minutes
49 seconds West a distance of 800.21 feet; thence South 1 degree 58 minutes 09 seconds
East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a
distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of
1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds
West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a
distance of 390.62 feet to the point of beginning, subject to easements, if any.
Which lies westerly of a line drawn South 26 degrees 28 minutes 40 seconds West from the above
referenced "Point X".
Except the westerly and northerly 30 feet of the above described parcel.
Parcel B:
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the
Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in
Township 116 North, Range 23 West of the 5th Principal Meridian, in the County of Carver, State of
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Minnesota, described as follows:
Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter;
thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said
Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39
seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds
West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East a distance
of 40.00 feet, to a point hereinafter referred to as "Point A"; thence North 69 degrees 13
minutes 44 seconds West a distance of283.38 feet; thence South 10 degrees 46 minutes 16
seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East
a distance of 115.18 feet, to the point of begin nine of the land to be described; thence North
71 degrees 39 minutes 26 seconds West a distance of 115.18 feet; thence North 10 degrees
46 minutes 16 seconds East a distance of 492.43 feet; thence North 69 degrees 13 minutes 44
seconds West a distance of355.20 feet, to a point distant 638.58 feet northwesterly from the
above referenced "Point A"; thence North 87 degrees 00 minutes 49 seconds West a distance
of22.78 feet, to a point hereinafter known as "Point X"; thence North 87 degrees 00 minutes
49 seconds West a distance of 800.21 feet; thence South 1 degree 58 minutes 09 seconds
East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a
distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of
1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds
West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a
distance of390.62 feet to the point of beginning, subject to easements, ifany.
Which lies easterly of a line drawn South 26 degrees 28 minutes 40 seconds West from the above
referenced "Point X".
Except the most northerly 30 feet of the above described parcel, abutting Tanadoona Drive.
130681.06
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EXlllBIT C
Aueement Re2ardin2 Waiver. Payment and Assbmment of Relocation Benefits
TillS AGREEMENT REGARDING WAIVER AND ASSIGNMENT OF
RELOCATION BENEFITS (this "Agreement") is made as of ,2007, by and
between GRETCHEN L.F. STARKS AS TRUSTEE OF THE PETERSON REVOCABLE
TRUST UNDER AGREEMENT DATED JANUARY 25, 2001, ("Seller"), the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("Buyer").
RECITALS:
Seller and Buyer entered into a purchase agreement (the "Purchase Agreement")
dated as of , 2007, related to certain property in Chanhassen, Minnesota.
Seller has been advised of its rights and payments that Seller may be eligible to
receive pursuant to the Uniform Relocation Assistance Act (the "Act").
Seller acknowledges it has sought and received the advice of legal counsel and has
been specifically advised as to relocation, moving, reestablishment, and other costs that may be
available to the Seller under the Act.
Seller and Buyer desire to enter into this Agreement to confirm their
understanding of the Seller's waiver, sale and assignment of any claim for any relocation benefits
and/or other relocation costs due or payable to Seller, whether pursuant to the Act or otherwise.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Effective as of the date hereof, Seller hereby acknowledges that the
payment of the Purchase Price includes payment for Relocation Benefits and hereby waives any
right to receive any additional relocation payments pursuant to the Act (or other federal or state
law provisions) with respect to the Property.
2. Effective as of the date hereof, Seller hereby sells, transfers and assigns to
Buyer any benefits, payments, claims, or other rights due or payable to Seller pursuant to the Act
(or other federal or state law provisions) with respect to the Property.
3. Seller acknowledges that it has freely waived such rights of its own volition.
4. Seller acknowledges that it has waived such rights with full knowledge of the
specific relocation benefits to which it would otherwise be entitled.
5. This Agreement may be executed in any number of counterparts, each of
130681.06
which shall be an original, but all of which together shall constitute one instrument.
6. This Agreement shall be null and void if the Purchase Agreement shall
tenninate or if Closing under the Purchase Agreement shall fail to occur for any reason.
IN WITNESS WHEREOF, this Waiver of Relocation Benefits Agreement has been
executed by the parties hereto as of the day and year first above written.
SELLER:
GRETCHEN L.F. STARKS AS TRUSTEE OF THE
PETERSON REVOCABLE TRUST UNDER
AGREEMENT DATED JANUARY 25, 2001
By:
BUYER:
CITY OF CHANHASSEN
By:
, Mayor
And:
Todd Gerhardt, City Manager
130681.06
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