1b. Well No. 13: Approve Vacant Land Purchase Agreement
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
W'IN/,cj ,chanhassen, mn, us
16
-
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Paul Oehme, Dir. of Public Works/City Engineer ~ 0,
February 11, 2008 OVA _
~~
Well No 13 Project No. 08-05: Approve Vacant Land Purchase
Agreement for Chanhassen Estates Park and Well No. 13
Improvements
DATE:
SUBJ:
REQUESTED ACTION
Approve Vacant Land Purchase Agreement.
BACKGROUND
In October 2007, Council authorized staff to begin preparation of plans for Well
Nos. 12 and 13.
On November 13, 2007, staff held a neighborhood meeting for surrounding
property owners to learn about the project.
On December 10, 2007, Council approved the plans and specifications and
authorized Advertisement for Bids for the wells.
On January 14,2008, Council approved a construction contract for drilling Well
Nos. 12 & 13.
DISCUSSION
Staff is requesting the Council approve the purchase of a strip of land adjacent to
Chanhassen Estates Park and Lake Drive E. Currently, Chanhassen Estates Park
is mostly land locked by private property. The City does own a 25' small strip of
property on the northeast comer of the park however, this property is encumbered
by aboveground electrical transformers and other private utility pedestals. This
strip of property also has a trunk storm sewer and sanitary sewer pipe buried in
the property. The City-owned property is a poor access for construction and for
future maintenance of the well. The lack of City-owned property along Lake
Drive E. also will make the raw watermain installation for the well more
expensive and will cause the raw watermain to have a poor hydraulic alignment.
Park maintenance uses the City-owned property for maintenance access, but the
park does not have a public access such as a parking lot or trail. The Parks
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play
Todd Gerhardt
Well No. 13 Land Purchase Agreement
February 11, 2008
Page 2
Department is planning to construct a small parking lot in the future with access
to Lake Drive E. if the property is acquired.
Staff has successfully negotiated a purchase agreement for this property. The
purchase agreement is consistent with the limited appraisal drafted last year for
the property. The property to the west of the park along Lake Drive E. is also
recommended for purchase. This piece of property will be used as a corridor for
the future alignment of the raw watermain. The total acreage proposed to be
purchased is 12,377 sJ. The appraised value of the property was between $2.00
and $2.80/sJ. The purchase price is for $29,019.
Funding for the project is recommended from both the Parks Department (Park
Dedication Fund) and the project budget for Well No. 13 improvements (Water
Utility Fund). Funding is proposed as follows: $7,500 from the Parks Dedication
Fund and $21,519 from the Water Utility Fund.
Staff recommends approval of the purchase agreement.
Attachments
G:\ENGIPUBLICI_200S PI\lje",sIOS-05 Well No. 13 - Lake Drivelbkgd 021108 uprv lund pur ugrmt.doc
Restricted Use Appraisal Report
Property:
Land Parcel
XXXX Lake Drive
Chanhassen, MN 55317
Prepared For:
City of Chanhassen
AUn: Paul Oehme
7700 Market Boulevard
Chanhassen, MN 55317
Date:
November 2, 2007
Prepared Bv:
William R. Waytas, Appraiser
NAGELL APPRAISAL & CONSULTING
7515 Wayzata Boulevard
Minneapolis, MN 55426
Telephone: (952) 544-8966
Fax No. (952) 544-8969
File # G0710011
ZONING
The subject use is zoned BH - Highway Business. The subject appears to be a legal and
conforming use. Primary permitted uses are restaurants, hotels, gas stations, and numerous
other uses that tend to be nearby highways. See Highest and Best Use.
PLAT MAP
Yellow and Blue is the overall property, Blue is the portion being Appraised
See addenda for map provided by city
8
Nagell Appraisal & Consulting I 952-544-8966 I www.callnagell.com
:
_J
Sales Comparison Approach-continued
Market Data For land Value: Listed below are sales in the subject marketing area.
Comparables used bracket the subject regarding overall appeal and are rated to be the best
available data.
SUBJECT Comp 1 Comp 2 Comp 3
Address XXXX Lake Dr 8024 Erie Ave 8005 Cheyenne 8006 Erie Ave
Chanhassen Chanhassen Ave Chanhassen Chanhassen
Proximity Subject 0.19 0.07 0.15
Conditions Market Average Average Average
Location Average Average Average Average
Use Single Family Single Family Single Family Single Family
Site Size (SF) 14,755 12,589 12,806 15,751
Site Average Average Average Average
Traffic Minor Minor Minor Minor
Amenity Average Average Average Average
Utilities Available Available Available Available
Sale Date Current Apr-07 Nov-05 Jun-05
Price Per SF - $7.55 per SF $8.43 per SF $7.18 per SF
Conclusion: Sales above range from $7.18 to $8.43 per SF with an average of $7.72.
Therefore, given the above information and considering the overall characteristics of the
subject property, view, traffic and market, a value of $8.00 is deemed appropriate. Typical
side yard value is about 50% or $4.00 per SF, allowing for limited appeal for busy road for
residential use the contributory value (of the western portion) is estimated to be about 50% of
side yard value or $2.00 per SF. The eastern area adjoining the park is considered to have
better appeal (more utility for front portion of park use), therefore, the estimated value is 35%
or $2.80 per SF.
The Sales Comparison Approach is deemed a reliable indicator of value because it
represents the actions of buyers and sellers in the area for competing properties. The
derived market value estimate for the overall subject site is calculated as follows:
Western Portion Area
Eastern Portion Area
25' x 281.84' = 7,046 x $2.00 per SF =
25'-30' x 210'= 5,331 x $2.80 per SF =
$14,092
$14,927
TOTAL OPINION OF SITE MARKET VALUE:
$29,019
16
Nagell Appraisal & Consulting I 952-544-8966 I www.callnagell.com
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knctsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
M:uguerite M. McCarron
t3SO Corporate Center Curve
Suite 317. Eagan, MN 55121
651-452-5000
fax 651-452-5550
www.ck-Iaw.com
CAMPBELL KNUTSON
Professional Association
January 24, 2008
Mr. and Mrs. Jack D. Christenson
270 Smugglers Cove Road
Friday Harbor, Washington 98250-8539
Re: City of Chanhassen Real Estate Purchase
Dear Mr. and Mrs. Christenson:
Weare the attorneys for the City of Chanhassen. Enclosed herein please
find the originals of the following documents:
1. Vacant Land Purchase Agreement;
2. Warranty Deed;
3. Affidavit Regarding Seller;
4. Certificate of Representation and Warranties;
5. Non-Foreign Affidavit Purchase to Section 1445 of the Internal
Revenue Code;
6. Partial Release of Mortgage to be executed by Kleinbank;
7. Partial Release of Mortgages to be executed by Community
Resource Bank;
8. Partial Release of Assignment of Leases and Rents to be executed
by Community Resource Bank; and
9. Partial Release ofUCC Financing Statement to be executed by
Community Resource Bank.
If you have any questions about any ofthe documents, please contact me.
Otherwise, I request that you and your wife sign the Purchase Agreement and
return that document to me at this time. Paul Oehme at the City would like to
present the Purchase Agreement for approval by the City Council at its February 11
meeting so that we can close the transaction on or about February 15.
I look forward to receiving the Purchase Agreement back from you. Again,
please contact me if you have any questions.
Best regards,
TMS:cjh
Enclosure
cc: Mr. Paul Oehme
VACANT LAND PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on day of
, 2008, by and between the CITY OF CHANHASSEN, a Minnesota"
municipal corporation ("Buyer"), and JACK D. CHRISTENSON and PATRICIA A.
CHRISTENSON, husband and wife ("Seller").
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property
legally described as follows:
That part of Lot 1, Block 2, CHAN HAVEN PLAZA, Carver County, Minnesota
described as follows:
Beginning at the southeast comer of said-Lot 1, thence North 90 degrees 00
minutes 00 seconds West along the south line of said Lot l' a distance of210.00
feet; thence North 89 degrees 48 minutes 18 seconds West a distance of281.81
feet; thence North 00 degrees 11 minutes 42 seconds East a distance of25.00 feet
to the north line of said Lot 1; thence South 89 degrees 48 minutes 18 seconds
East a distance of281.84 feet; thence South 90 degrees 00 minutes 00 seconds
East a distance of 163.50 feet; thence 47.17 feet along a tangential curve concave
to the north having a central angle of 12 degrees 17 minutes 05 seconds and a
radius of 220.00 feet to the northeast corner of said Lot 1; thence South 00
degrees 48 minutes 27 seconds West along the east'line of said Lot la distance of
30.04 feet to the point of beginning.
3. PRICE AND TERMS. The price for the real property included in this sale is Twenty-
nine Thousand Nineteen and Noll 00 Dollars ($29,019.00) which Buyer shall pay to Seller at
closing, which is scheduled to occur on or before February 15, 2008.
4. DEED/MARKET ABLE TITLE. Upon performance by Buyer, Seller shall execute and
deliver a Warranty Deed conveying marketable title of record, subject to:
A. Covenants, conditions, restrictions, declarations and easements of record, if any;
B. Reservations of minerals or mineral rights by the State of Minnesota, if any; and
C., Building and zoning laws, ordinances, state and federal regulations.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A.
Prior Years' Delinquent Real Estate Taxes and Delinquent Special 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 shall be paid by Seller. Seller shall pay penalty, interest and costs
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on any delinquent installment of taxes and special assessments payable in the year
of Closing. The parties understand that the legal description in this Purchase
Agreement is a new description requiring a subdivision ofland owned by Seller.
This "lot split" will require that the full year's taxes be paid before the deed can
be recorded.
6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN
WARRANTIES. Seller warrants that buildings on adjoining real property, if any, are entirely
outside of the boundary lines of the property. Seller warrants that there has been no labor or
material furnished to the property for which payment has not been made. Seller warrants that
there are no present violations of any restrictions relating to the use or improvement of the
property. These warranties shall survive the delivery of the Warranty Deed.
7. CONDITION OF PROPERTY.
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A.
Seller shall remove all debris and all personal property not included in this sale
from the property before possession date.
B.
Seller knows of no hazardous substances or petroleum products having been
placed, stored, or released from or on the property by any person in violation of
any law, nor of any underground storage tanks having been located on the
property at any time. Seller warrants and represents to Buyer that there have been
no acts or occurrences upon the property that have caused or could cause
hazardous substances or petroleum products to be released or discharged into the
subsoil or ground water of the property or other property in the area. Seller
represents and warrants to Buyer that the property is free of hazardous substances
and is not subject to any "superfund" type liens or claims by governmental
regulatory agencies or third parties arising from the release or threatened release
of hazardous substances in, on, or about the property. Seller shall indemnify and
hold Buyer harmless from any and all claims, causes of action, damages, losses,
or costs (including lawyer's fees) relating to hazardous substances or petroleum
products in the subsoil or ground water of the property or other property in the
area which arise from or are caused by acts or occurrences upon the property prior
to Buyer taking possession. These warranties and indemnifications shall survive
the delivery of the Warranty Deed.
C.
Seller's warranties and representations contained in this Section 6 shall survive
the delivery of the Deed, provided that any notice of a defect or claim of breach of
warranty must be in writing, and must be given by Buyer to Seller within one year
of the Date of Closing or be deemed waived.
D.
Buyer shall have ~he right to have inspections of the property conducted prior to
closing. Unless required by local ordinance or lending regulations, Seller does
not plan to have the property inspected. Other than the representations made in
this Section, 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.
2
8. POSSESSION. Seller shall deliver possession ofthe property'not later than the actual
Date of Closing.
9. NOTICES. All notices required herein shall be in writing and delivered personally or
mailed to the last known address and ifmailed are effective as ofthe date of mailing.
10. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota.
11. WELL DISCLOSURE. Seller certifies that Seller does not know of any wells on the
property.
12. CLOSING. Closing shall be at Chanhassen City Hall.
13. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Buyer the following
(collectively the "Closing Documents"):
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1. \Varrantv Deed. A Warranty Deed in recordable form which shall
include the following hazardous mateIja1 and well representations:
(a) Grantor has not used the Property for the storage or disposal of any
hazardous substance as defined in Minn. Stat. ~ 115B.02, subd. 8;
and
(b) 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 mechanic's liens could be filed,
except for any skill, labor, material requested by Buyer; and that to the
best of Seller's knowledge there are no other unrecorded interests in the
Property.
3.
Non-Foreign 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.
Well Certificate. Ifthere is a well located on the Property, a well
disclosure certificate in form and substance true to form for recording.
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POST SAN JUAN
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5. Other Documents. All other documents rensonably 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; and
2. Payment ofthe Purchase Price.
14. CLOSING COSTS. The costs relating to the closing oftbis transaction shall be paid as
follows:
A. Buyersh~lpay.
(1) Recording fee for the Warranty Deed;
(2) State deed ta1r.;
(3) Conservation fee attributable to said deed;
(4) Cost of Owners and Encumbrance Report.
B. Seller shall pay the recording fees for all documents detennined to be necessary to
transfer marketable title to the Buyer.
15. PARTIES BOUND. This Agreement shall be binding upon and shall inure to the benefit
of the respective heirs, administrators, executors, 'successors, and assigns of the parties hereto.
BUYER:
CITY OF CHANHASSEN
By:
SELLER:
Tom Furlong, Mayor
'.dd"?PI ~
ack O. Christenson
~j~'~~
Patricia A. Christenson
And:
Todd Gerhardt, City Manager
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5. 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; and
2. Payment of the Purchase Price.
14. 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 Warranty Deed;
(2) State deed tax;
(3) Conservation fee attributable to said deed;
(4) Cost of Owners and Encumbrance Report.
B. Seller shall pay the recording fees for all documents determined to be necessary to
transfer marketable title to the Buyer.
15. PARTIES BOUND. This Agreement shall be binding upon and shall inure to the benefit
of the respective heirs, administrators, executors, 'successors, and assigns of the parties hereto.
BUYER:
CITY OF CHANHASSEN
SELLER:
By:
Tom Furlong, Mayor
Jack D. Christenson
And:
Todd Gerhardt, City Manager
Patricia A. Christenson
135745
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(Reserved for Recording Data)
WARRANTY DEED
STATE DEED TAX DUE HEREON: 95.76
Dated:
,2008
FOR VALUABLE CONSIDERATION, JACKD. CHRISTENSON AND PATRICIA
A. CHRISTENSON, husband and wife, Grantors hereby convey and warrant to the CITY OF
CHANHASSEN, a Minnesota municipal corporation, Grantee, real property in Carver County,
Minnesota, described as follows:
That part of Lot 1, Block 2, CHAN HAYEN PLAZA, Carver County, Minnesota
described as follows:
Beginning at the southeast comer of said Lot 1, thence North 90 degrees 00
minutes 00 seconds West along the south line of said Lot 1 a distance of210.00
feet; thence North 89 degrees 48 minutes 18 seconds West a distance of281.81
feet; thence North 00 degrees 11 minutes 42 seconds East a distance of25.00 feet
to the north line of said Lot 1; thence South 89 degrees 48 minutes 18 seconds
East a distance of281.84 feet; thence South 90 degrees 00 minutes 00 seconds
East a distance of 163.50 feet; thence 47.17 feet along a tangential curve concave
to the north having a central angle of 12 degrees 17 minutes 05 seconds and a
radius of 220.00 feet to the northeast comer of said Lot 1; thence South 00
degrees 48 minutes 27 seconds West along the east line of said Lot 1 a distance of
30.04 feet to the point of beginning.
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions:
(a)
(b)
(c)
Covenants, conditions, restrictions, declarations and easements of record, if any;
Reservations of minerals or mineral rights by the State of Minnesota, if any; and
Building and zoning laws, ordinances, state and federal regulations.
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1
THE GRANTORS CERTIFY THAT THE GRANTORS DO NOT KNOW OF ANY WELLS ON THE
DESCRIBED REAL PROPERTY.
Jack D. Christenson
Patricia A. Christenson
STATEOFMINNESOTA )
)ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
,2008, by Jack D. Christ~nson and Patricia A. Christenson, husband and wife,
Grantors.
Notary Public
Check here if part or all of the land is Registered (Torrens) _
Tax Statements for the real property
described in this instrument should be sent to:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
TMS/cjh
135749
2
STATE OF MINNESOTA )
)ss.
COUNTY OF )
AFFIDAVIT REGARDING SELLER
Jack D. Christenson, being first duly sworn, on oath says that:
1. He is the person named as one of the Grantors in the Warranty Deed dated
,2008, and filed for record ,2008, as Document No.
in the Office of the County Recorder of Carver County, Minnesota.
2. Said person is oflegal age, is married to Patricia A. Christenson and is under no
legal disability and for the last ten years has resided at:
27q Smugglers Cove Road
Friday Harbor, Washington 98250-8539
3. There has been no:
a. Banlauptcy, divorce or dissolution proceedings involving said person during
the time said person has had any interest in the premises described in the
above document ("Premises");
b. Unsatisfied judgments of record against said person nor any actions pending
in any courts, which affect the Premises; and
c. Tax liens against said person; except as herein stated: NONE.
4. Any banlauptcy, divorce or dissolution proceedings of record against parties with
the same or similar names, during the time period in which the above named person has had any
interest in the Premises, are not against the above named person.
5. Any judgments, or tax liens of record against parties with the same or similar names
are not against the above named person.
6. There has been no labor or materials furnished to the Premises for which payment
has not been made.
7. There are no unrecorded contracts, leases, easements, or other agreements or
interests relating to the Premises except as stated herein:
8. There are no persons in possession of any portion of the Premises other than
pursuant to a recorded document except as stated herein:
135891
9. There are no encroachments or boundary line questions affecting the Premises of
which Affiant has knowledge.
Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of
inducing the passing of title to the Premises.
Jack D. Christenson
Subscribed and sworn to before me
this _ day of , 2008.
Notary Public
THIS INSTRUMENT WAS DRAFfED
BY:
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
TMS/cjh
135891
CERTIFICATE OF REPRESENTATION AND WARRANTIES
THE UNDERSIGNED, Sellers under that certain Vacant Land Purchase Agreement dated
, 2008 ("Purchase Agreement") with the City of Chanhassen, a Minnesota
municipal corporation ("Buyer"), hereby certifies that the representations and warranties of Sellers set
forth in said Purchase Agreement are true as of , 2008, which is the closing
date.
SELLERS:
Jack D. Christenson
Patricia A. Christenson
135893
NON-FOREIGN AFFIDAVIT PURSUANT TO SECTION 1445
OF THE INTERNAL REVENUE CODE BY JACK D. CHRISTENSON
AND PATRICIA A. CHRISTENSON, HUSBAND AND WIFE,
AS SELLERS, UNDER THAT CERTAIN VACANT LAND
PURCHASE AGREEMENT DATED
2008, 'YITH THE CITY OF CHANHASSEN, AS BUYER
Section 1445 ofthe Internal Revenue Code provides that a transferee of a U. S. real property
interest must hold withholding tax ifthe transferor is a foreign person. To inform the transferee that
withholding of tax is not required upon the disposition ofa U.S. real property interest by Jack D.
Christenson and Patricia A. Christenson, husband and wife, the undersigned hereby make the
following Affidavit:
1. Jack D. Christenson and Patricia A. Christenson are not foreign persons, foreign
corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in
the Internal Revenue Code and Income Tax Regulations);
2. Jack D. Christenson's Social Security Number is
Patricia A. Christenson's Social Security Number is
3. Jack D. Christenson and Patricia A. Christenson's principal address is: 15411 Village
Woods Drive, Eden Prairie, Minnesota 55347.
The undersigned understand that this Affidavit may be disclosed to the Internal Revenue
Service by the transferee and that any false statement contained herein could be punished by fine or
imprisonment, or both.
FURTHER YOUR AFFIANT SAITH NOT.
Jack D. Christenson
Patricia A. Christenson
135894
1
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
,2008, by Jack D. Christenson and Patricia A. Christenson, husband and wife.
Notary Public
TillS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
317 Eagaridale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
TMS/cjh
135894
2
PARTIAL RELEASE OF MORTGAGE
Date:
FOR VALUABLE CONSIDERATION, the real property in Carver County,
Minnesota, legally described as follows:
See Exhibit A attached hereto and made a part hereof by reference.
is hereby released from the lien of the Real Estate Mortgage, OWNED BY THE
UNDERSIGNED, dated July 24, 2000, executed by JACK DEAN CHRISTENSON and
PATRICIA ANN CHRISTENSON, husband and wife, as Mortgagors, to STATE
BANK OF CHANHASSEN, now known as KLEINBANK, a Minnesota corporation, as
Mortgagee, filed for record on July 25, 2000, as Document No. A272493 in the office of
the County Recorder, Carver County, Minnesota.
KLEINBANK
By:
Its:
136546
1
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2008, by the
of KleinBank, a Minnesota corporation, on behalf of the
corporation.
Notary Public
This Instrument was Drafted by:
CAMPBELL KNUTSON, P .A.
Suite 317
1380 Corporate Center Curve
Eagan,MN 55121
651-452-5000
AMP/cjh
136546
2
EXHIBIT A
TO
PARTIAL RELEASE OF MORTGAGE
That part of Lot 1, Block 2, CHAN HAVEN PLAZA, Carver County, Minnesota described as
follows:
Beginning at the southeast comer of said Lot 1, thence North 90 degrees 00 minutes 00
seconds West along the south line of said Lot 1 a distance of210.00 feet; thence North 89
degrees 48 minutes 18 seconds West a distance of281.81 feet; thence North 00 degrees
11 minutes 42 seconds East a distance of25.00 feet to the north line of said Lot 1; thence
South 89 degrees 48 minutes 18 seconds East a distance of281.84 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 163.50 feet; thence 47.17 feet along a
tangential curve concave to the north having a central angle of 12 degrees 17 minutes 05
seconds and a radius of 220.00 feet to the northeast comer of said Lot 1; thence South 00
degrees 48 minutes 27 seconds West along the east line of said Lot 1 a distance of30.04
feet to the, point of beginning.
136546
3
PARTIAL RELEASE OF MORTGAGES
Date:
FOR VALUABLE CONSIDERATION, the real property in Carver County,
Minnesota, legally described as follows:
See Exhibit A attached hereto and made a part hereof by reference.
is hereby released from the lien of the following Real Estate Mortgages, owned by the
undersigned:
1. Mortgage dated July 1,2004, filed for record July 12,2004, as Document
No. A39l422, executed by Jack D. Christenson and Patricia A.
Christenson, husband and wife to Community National Bank, now known
as Community Resource Bank, a Minnesota corporation;
2. Mortgage dated July 1,2004, filed for record July 16,2004, as Document
No. A391921, executed by Jack D. Christenson and Patricia A.
Christenson, husband and wife to Community National Bank, now known
as Community Resource Bank, a Minnesota corporation; and
3. Mortgage dated July 6, 2006, filed for record August 7, 2006, as Document
No. A446986, executed by Jack D. Christenson and Patricia A.
Christenson, husband and wife to Community Resource Bank, a Minnesota
corporation. .
COMMUNITY RESOURCE BANK
By:
Its:
136547 .
1
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2008, by the
of Community Resource Bank, a Minnesota corporation, on
behalf of the corporation.
This Instrument was Drafted by:
CAMPBELL KNUTSON, P .A.
Suite 317
1380 Corporate Center Curve
Eagan, MN 55121
651-452-5000
AMP/cjh
136547
Notary Public
2
EXHmIT A
TO
PARTIAL RELEASE OF MORTGAGES
That part of Lot 1, Block 2, CHAN HAYEN PLAZA, Carver County, Minnesota described as
follows:
Beginning at the southeast comer of said Lot 1, thence North 90 degrees 00 minutes 00
seconds West along the south line of said Lot 1 a distance of210.00 feet; thence North 89
degrees 48 minutes 18 seconds West a distance of281.81 feet; thence North 00 degrees
11 minutes 42 seconds East a distance of25.00 feet to the north line of said Lot 1; thence
South 89 degrees 48 minutes 18 seconds East a distance of281.84 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 163.50 feet; thence 47.17 feet along a
tangential curve concave to the north having a central angle of 12 degrees 17 minutes 05
seconds and a radius of220.00 feet to the northeast comer of said Lot 1; thence South" 00
degrees 48 minutes 27 seconds West along the east line of said Lot 1 a distance of 30.04
feet to the point of beginning.
136547
3
PARTIAL RELEASE
OF
ASSIGNMENT OF LEASES AND RENTS
Date:
FOR VALUABLE CONSIDERATION, the real property in Carver County,
Minnesota, legally described as follows:
See Exhibit A attached hereto and made a part hereof by reference.
is hereby released from the lien of the Assignment of Leases and Rents, owned by the
undersigned, dated July 1,2004, executed by JACK D. CHRISTENSON and
PATRICIA A. CHRISTENSON, husband and wife, as Assignors to COMMUNITY
NATIONAL BANK, now known as COMMUNITY RESOURCE BANK, a
Minnesota corporation, as Lender, filed for record on July 16, 2004, as Document No.
A391922 in the office of the County Recorder, Carver County, Minnesota.
COMMUNITY RESOURCE BANK
By:
Its:
136551
1
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2008, by the
of Community Resource Bank, a Minnesota corporation, on
behalf of the corporation.
This Instrument was Drafted by:
CAMPBELL KNUTSON, P.A.
Suite 317
1380 Corporate Center Curve
Eagan, MN 55121
651-452-5000
AMP/cjh
136551
Notary Public
2
EXHmIT A
TO
PARTIAL RELEASE
OF
ASSIGNMENT OF LEASES AND RENTS
That part of Lot 1, Block 2, CHAN HAVEN PLAZA, Carver County, Minnesota described as
follows:
Beginning at the southeast comer of said Lot 1, thence North 90 degrees 00 minutes 00
seconds West along the south line of said Lot 1 a distance of210.00 feet; thence North 89
degrees 48 minutes 18 seconds West a distance of281.81 feet; thence North 00 degrees
11 minutes 42 seconds East a distance of 25.00 feet to the north line of said Lot 1; thence
South 89 degrees 48 minutes 18 seconds East a distance of281.84 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 163.50 feet; thence 47.17 feet along a
tangential curve concave to the north having a central angle of 12 degrees 17 minutes 05
seconds and a radius of220.00 feet to the northeast comer of said Lot 1; thence South 00
degrees 48 minutes 27 seconds West along the east line of said Lot 1 a distance of 30.04
feet to the point ofbeginning.
136551
3
PARTIAL RELEASE OF DCC FINANCING STATEMENT
,2008
That certain DCC Financing Statement executed by Jack D. Christenson, as Debtor, and
Community National Bank, now known as Community Resource Bank, as Secured Party, and
filed for record November 10, 2005, as Document No. A428700, in the Office of the County
Recorder of Carver County, Minnesota, is, with the indebtedness thereby partially paid. The
Secured Party releases that part of the UCC Financing Statement described on Exhibit A attached
hereto from the lien of said UCC Financing Statement. This Partial Release leaves said DCC
Financing Statement in full force as to the remaining property described therein.
COMMUNITY RESOURCE BANK.
By:
Its:
136552
1
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me on , 2008, by
, the of Community Resource Bank, a Minnesota
corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
TMS/cjh
136552
2
EXHIBIT A
TO
PARTIAL RELEASE OF DCC FINANCING STATEMENT
That part of Lot 1, Block 2, CHAN HAVEN PLAZA, Carver County, Minnesota described as
follows: '
Beginning at the southeast comer of said Lot 1, thence North 90 degrees 00 minutes 00
seconds West along the south line of said Lot 1 a distance of21O.00 feet; thence North 89
degrees 48 minutes 18 seconds West a distance of281.81 feet; thence North 00 degrees
11 minutes 42 seconds East a distance of25.00 feet to the north line of said Lot 1; thence
South 89 degrees 48 minutes 18 seconds East a distance of281.84 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 163.50 feet; thence 47.17 feet along a
tangential curve concave to the north having a central angle of 12 degrees 17 minutes 05
seconds and a radius of220.00 feet to the northeast comer of said Lot 1; thence South 00
degrees 48 minutes 27 seconds West along the east line' of said Lot 1 a distance of 30.04
feet to the point of beginning.
136552
3
EXHIBIT
P.LD. 251750030
OWNER: JACK D CHRISTINSON
ACQUISITION, CHANHASSEN, MN
AREA: 12,377 Sq. Ft., 0.2841 acres
Acquisition Area:
That port of Lot 1, Block 2 CHAN HAVEN PLAZA, Carver County, Minnesota, described os fonows:
Beginning at the southeast corner of said Lot 1. thence North 90 degrees 00 minutes 00 seconds West along the
south line of said Lot 1 a distance of 210.00 feet; thence North 89 degrees 48 minutes 18 seconds West a distance
of 281.81 feet; thence North 00 degrees 11 minutes 42 seconds East a distance of 25.00 feet to the north line of
said Lot 1; thence South 89 degrees 48 minutes 18 seconds East 0 distance of 281.84 feet; thence South 90
degrees 00 minutes 00 seconds East a distance of 163.50 feet; thence 47.17 feet olong 0 tangential curve concave
to the north having a central angle of 12 degrees 17 minutes 05 seconds and a radius of 220.00 feet to the
northeast corner of said Lot 1; thence South 00 degrees 48 minutes 27 seconds West along the east line of said
Lot 1 a distance of 30.04 to the point of beginning.
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LEGEND:
CERTIFICATION:
NOT TO SCALE
I hereby certify that this survey, plan, or report was prepared
by me or under my direct supervision and that I am a duly
Licensed Land Surveyor under the laws of the state of
Minnesota, ' ' \ ' (/)
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.rviN License No. 14677
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HANSEN THORP PELLlNEN OLSON, Inc.
7510 Markel Plac. Drive. Eden Pralrle. MN 55344
952.629-0700 . 952-829-78C6 fax
Engineering. Surveying
Landscape Architecture