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2009-51 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTY, MINNESOTA Date June 22. 2009 Resolution No. 2009-51 Motion By Ernst Seconded By Tiornham RESOLUTION DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF THE ACQUISITION OF REAL PROPERTY WHEREAS, the City of Chanhassen ("City") is proposing to acquire property legally described in the attached Exhibit A ("Subject Property") under the terms of the proposed purchase agreement between Russell 1. Barto and Yvonne 1. Barto ("Bartos") and the City ("Purchase Agreement"), attached hereto and incorporated herewith as Exhibit "B"; and WHEREAS, Minn. Stat. 9462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisition of real property for compliance with the comprehensive plan and to report to the City Council in writing its findings; and WHEREAS, Minn. Stat. 9462.356, subd. 2 provides for an exception from the requirement for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition of the real property has no relationship to the comprehensive municipal plan. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The City Council finds that the acquisition of the Subject Property under the Purchase Agreement has no relationship to the comprehensive municipal plan. 2. Review by the Planning Commission of the acquisition of the Subject Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Manager are authorized and directed to execute all documents, and take all appropriate measures to acquire the Subject Property under the terms of the Purchase Agreement. Passed and adopted by the Chanhassen City Council this 22nd day of June, 2009. ~J ~AZ Thomas A. Furlong, Mayor YES Furlong Ernst Litsey McDonald Tjornhom NO EXHIBIT A That part of the Northeast Quarter of the Northwest Quarter of Section 36, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, described as follows: Commencing at the northwesterly corner of Lot 5, BLUFFVIEW ADDITION, Carver County, Minnesota as monumented; thence southwesterly along the northerly line of said plat as monumented, a distance of 54.32 feet; thence northeasterly at an angle of27 degrees 24 minutes 00 seconds (as measured east to north from said northerly line) a distance of71.71 feet to a point distant 33.00 feet (as measured at right angles) northerly of the northerly line of said plat of BLUFFVIEW ADDITION, the actual point of beginning of the land to be described; thence continuing northeasterly along the last described line a distance of 127.52 feet; thence deflecting to the right at an angle of 39 degrees 48 minutes 30 seconds a distance of 45.45 feet more or less to the intersection with a line drawn southerly from the north quarter corner of said Section 36, to the northeasterly corner of said Lot 5, BLUFFVIEW ADDITION as monumented; thence northerly along said last described line, a distance of 658.36 feet to the north quarter corner of said Section 36; thence westerly along the north line of said Section 36, a distance of 317.1 0 feet; thence deflecting to the left at an angle of 80 degrees 02 minutes 40 seconds a distance of 716.80 feet to the intersection with a line drawn parallel with and distant 33.00 feet northerly (as measured at right angles) of the northerly line of said plat of BLUFFVIEW ADDITION, as monumented; thence easterly along said parallel line to the point of beginning; SAID RIGHT- OF- WAY lies within the circumference of a circle having a radius of 49.80 feet and a center point described as follows: Commencing at the northeast corner of Lot 4, BLUFFVIEW ADDITION as monumented; thence southwesterly along the northerly line of Lot 4, BLUFFVIEW ADDITION as monumented a distance of 54.32 feet; thence northeasterly, deflecting to the right 152 degrees 36 minutes 00 seconds a distance of 189.69 feet; thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 29.47 feet to said center point; EXCEPT that part of the North Half of said Section 36 described as follows: A 50.00 foot wide strip being 25.00 feet on each side of the following described centerline: Commencing at the northeast corner of Lot 4, BLUFFVIEW ADDITION, according to the recorded plat thereof; thence westerly, along the northerly line of said lot, a distance of 54.32 feet to the point of beginning of the centerline to be described; thence northeasterly, deflecting to the right 152 degrees 36 minutes 00 seconds a distance of 199.23 feet to a point hereinafter referred to as Point "A"; thence easterly, deflecting to the right at an angle of 39 degrees 46 minutes 28 seconds, a distance of 45.45 feet, more or less, to its intersection with a line drawn from the northeast corner of Lot 5, said plat of BLUFF VIEW ADDITION, to the North Quarter corner of said Section 36 and said centerline there terminating; AND EXCEPT that part of the North Half of said Section 36 which lies within the circumference of a circle having a radius of 40.00 feet, the centerline of said circle is the aforementioned Point"A". VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on this day of , 2009, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, located at 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317 ("Buyer"), and RUSSELL J. BARTO and YVONNE L. BARTO, husband and wife, 400 Lakota Lane, Chanhassen, MN 55317 ("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 real property included in this sale is Five Thousand Six Hundred and Noll 00 Dollars ($5,600.00) which Buyer shall pay to Seller in cash on the Date of Closing. 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 EST ATE 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 Pavable in the Year of Closing. Seller and Purchaser shall prorate all general real estate taxes due and payable on the Property in the year in which the Date of Closing occurs on a per diem basis. Seller shall pay on or before the Date of Closing all levied and pending special assessments associated with the Subject Property as of the date of this Agreement. Seller shall pay penalty, interest and costs 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 of land owned by Seller. This "lot split" will require that the full year's taxes be paid before the deed can be recorded. 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. 135745 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. 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. 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 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 135745 2 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 1. Undertake proceedings to correct the objections to title; or 2. 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 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. MINNESOT A 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. 135745 3 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, REPRESENTATIONS 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 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 D.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. 135745 4 C. PROTECTED HISTORICAL SITES. [Select either (1) or (2) below:) _ Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the subject property that might be protected by law. XX Seller represents that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Buyer's obligation to close is contingent upon Buyer determining to Buyer's satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. 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 at a location designated by Buyer, and shall occur on September 3, 2009 ("Closing Date" or "Date of Closing"). 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"): 135745 1. Limited Warranty 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 bankruptcies 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-Forei2n 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 9 I 445(f)(3 ) of such Code and such regulations. 5 4. Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. S 116.48. 5. Well Certificate. Ifthere 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 Agreement. Seller's waiver of the right to appeal the assessment of Seller's property for City Project No. 09-01 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 or 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; 7. All costs of obtaining a title insurance commitment; 8. Recording fees for all documents determined to be necessary to transfer marketable title to the Buyer. 20. CONTINGENCIES AND ADDITIONAL TERMS. A. At Closing, Seller and Buyer shall execute the Public Improvement and Special Assessment Agreement in the form attached hereto as Exhibit B. 135745 6 B. 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. C. 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 .09-01 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. 3. Seller obtaining the administrative subdivision required for the sale of the subject Property. 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. F. In the event Buyer elects to sell the Subject Property, or any portion of the Subject Property immediately abutting the property currently owned by Sellers ("Sellers' Parcel"), Buyer shall extend to the owners of the Sellers' Parcel the right of first refusal, which shall be exercised by Sellers within thirty (30) days of such notice from Buyer, provided the Seller's Parcel is combined with the portion of the Subject Property to be conveyed for tax purposes. This right of first refusal shall exist for a period of 20 years following the Date of Closing and the sale prices shall be $1.50 per square foot. 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. 135745 7 I agree to buy the Subject Property for the price and terms and conditions set forth above. BUYER: CITY OF CHANHASSEN SELLER: By: Tom Furlong, Mayor Russell J. Barto And: Todd Gerhardt, City Manager Yvonne L. Barto 135745 8 EXHIBIT A TO VACANT LAND PURCHASE AGREEMENT Legal Description of Subiect Property: That part of the Northeast Quarter of the Northwest Quarter of Section 36, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, described as follows: Commencing at the northwesterly corner of Lot 5, BLUFFVIEW ADDITION, Carver County, Minnesota as monumented; thence southwesterly along the northerly line of said plat as monumented, a distance of 54.32 feet; thence northeasterly at an angle of27 degrees 24 minutes 00 seconds (as measured east to north from said northerly line) a distance of 71.71 feet to a point distant 33.00 feet (as measured at right angles) northerly of the northerly line of said plat of BLUFFVIEW ADDITION, the actual point of beginning of the land to be described; thence continuing northeasterly along the last described line a distance of 127.52 feet; thence deflecting to the right at an angle of 39 degrees 48 minutes 30 seconds a distance of 45.45 feet more or less to the intersection with a line drawn southerly from the north quarter corner of said Section 36, to the northeasterly corner of said Lot 5, BLUFFVIEW ADDITION as monumented; thence northerly along said last described line, a distance of 658.36 feet to the north quarter corner of said Section 36; thence westerly along the north line of said Section 36, a distance of 317.1 0 feet; thence deflecting to the left at an angle of 80 degrees 02 minutes 40 seconds a distance of 716.80 feet to the intersection with a line drawn parallel with and distant 33.00 feet northerly (as measured at right angles) of the northerly line of said plat of BLUFF VIEW ADDITION, as monumented; thence easterly along said parallel line to the point of beginning; SAID RIGHT- OF- WAY lies within the circumference of a circle having a radius of 49.80 feet and a center point described as follows: Commencing at the northeast corner of Lot 4, BLUFFVIEW ADDITION as monumented; thence southwesterly along the northerly line of Lot 4, BLUFFVIEW ADDITION as monumented a distance of 54.32 feet; thence northeasterly, deflecting to the right 152 degrees 36 minutes 00 seconds a distance of 189.69 feet; thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 29.47 feet to said center point; EXCEPT that part of the North Half of said Section 36 described as follows: A 50.00 foot wide strip being 25.00 feet on each side of the following described centerline: Commencing at the northeast comer of Lot 4, BLUFFVIEW ADDITION, according to the recorded plat thereof; thence westerly, along the northerly line of said lot, a distance of 54.32 feet to the point of beginning of the centerline to be described; thence northeasterly, deflecting to the right 152 degrees 36 minutes 00 seconds a distance of 199.23 feet to a point hereinafter referred to as Point "A"; thence easterly, deflecting to the right at an angle of 39 degrees 46 minutes 28 seconds, a distance of 45.45 feet, more or less, to its intersection with a line drawn from the nOliheast corner of Lot 5, said plat of BLUFF VIEW ADDITION, to the North Quarter corner of said Section 36 and said centerline there terminating; AND EXCEPT that part of the North Half of said Section 36 which lies within the circumference of a circle having a radius of 40.00 feet, the centerline of said circle is the aforementioned Point "A". 135745 9 EXHIBIT B TO VACANT LAND PURCHASE AGREEMENT PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of ,2009, by and between the the CITY OF CHANHASSEN, a Minnesota municipal corporation, located at 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317 ("Buyer"), and RUSSELL J. BARTO and YVONNE L. BARTO, husband and wife, ("Owner"). RECIT ALS 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 01, which includes Road Improvements, City Project No. 09- C. Owner acknowledges that the improvements identified in City Project No. 09-01 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. 096-016 which serve the Subject Property generally in accordance with the approved Feasibility Report, Road Improvements City Project No. 09-01, prepared by " , 20_ if bids satisfactory to the City are received. 2. SPECIAL ASSESSMENTS. If the Public Improvement is constructed, the City will assess parcels the following principal amounts for the Public Improvement: Parcel A: $2,699.10 Parcel B: $2,699.10 The assessments shall be deemed adopted on the date this Agreement is signed by the City. The assessments shall be paid over a 1 O-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 2010. The 135745 10 Owner waives any and all procedural 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. 9429.081. 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 subj ect property. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor (SEAL) AND Todd Gerhardt, City Manager OWNERS: Russell J. Barto Yvonne L. Barto 135745 11 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2009, by Thomas A. Furlong and by Todd Gerhardt, 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 ,2009, by Russell J. Barto and Yvonne L. Barto, husband and wife. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eaganda1e Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 135745 12 EXHIBIT A TO PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT Legal Description of Subject Property: Parcel One: That part of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 36, Township 116 North, Range 23 West of the Fifth Principal Meridian, Carver County, Minnesota, described as follows: Beginning at a point on the north line of said Section 36, distant 615.50 feet easterly of the north quarter corner; thence on an assumed bearing of North 88 degrees 59 minutes 48 seconds West along said north line a distance of 615.50 feet to said north quarter corner; thence South 9 degrees 09 minutes 30 seconds West a distance of 717.13 feet to the northeasterly corner of Lot 5, Bluffview Addition, Carver County, Minnesota as monumented; thence South 7 degrees 26 minutes 50 seconds West along the easterly line of said Lot 5, a distance of 341.77 feet to the southeasterly corner of said Lot 5, as monumented, the same being on the northerly right-of-way line of The Chicago and Northwestern Railway Company Tract (formerly The Minneapolis and S1. Louis Railroad); thence North 57 degrees 01 minutes 38 seconds East along said right-of-way line a distance of 76.70 feet to the original right-of-way of The Milmeapolis and S1. Louis Railroad Company; thence northerly along the westerly boundary of said original right-of-way North 35 degrees 30 minutes 32 seconds East a distance of 1221.53 feet to the point of beginning. Excepting therefrom all that part of the above described property lying southerly of the following described line: Beginning at a point on the westerly line of said property distant 300.00 feet southerly of said north quarter corner; thence South 88 degrees 36 minutes 43 seconds East to the east line of said property and there terminating, Carver County, Minnesota. Parcel Two: That part of the North Half of Section 36, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the northwesterly corner of Lot 5 of Bluffyiew Addition, according to the recorded plat thereof; thence southwesterly along the northerly line of said Bluffyiew Addition a distance of 54.32 feet; thence northeasterly at an angle of 27 degrees 24 minutes 00 seconds (as measured east to north from said northerly line) a distance of 71.71 feet to a point distant 33.00 feet (as measured at a right angle) northerly of the northerly line of said Bluffview Addition, the actual point of beginning of the land to be described; thence continuing northeasterly along said last described course a distance of 127.52 feet; thence deflecting to the right at an angle of 39 degrees 48 minutes 30 seconds a distance of 45.45 feet more or less to its intersection with a line drawn from the north quarter corner of said Section 36 to the northeasterly corner of said Lot 5 135745 13 of Bluffview Addition; thence northerly along said last described line a distance of 658.36 feet to the said north quarter corner of said Section 36; thence Westerly along the north line of said Section 36 a distance of 317.1 0 feet; thence deflecting to the left at an angle of 80 degrees 02 minutes 40 seconds a distance of 716.80 feet to its intersection with a line drawn parallel with and distant 33.00 feet northerly (as measured at a right angle) of the northerly line of said Bluffview Addition; thence easterly along said parallel line to the actual point of beginning, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. 135745 14 EXHIBIT A TO PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT Legal Description of Subject Property: Parcel One: That part of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 36, Township 116 North, Range 23 West of the Fifth Principal Meridian, Carver County, Minnesota, described as follows: Beginning at a point on the north line of said Section 36, distant 615.50 feet easterly of the north quarter comer; thence on an assumed bearing of North 88 degrees 59 minutes 48 seconds West along said north line a distance of 615.50 feet to said north quarter comer; thence South 9 degrees 09 minutes 30 seconds West a distance of 717.13 feet to the northeasterly comer of Lot 5, Bluffview Addition, Carver County, Minnesota as monumented; thence South 7 degrees 26 minutes 50 seconds West along the easterly line of said Lot 5, a distance of 341.77 feet to the southeasterly comer of said Lot 5, as monumented, the same being on the northerly right-of-way line of The Chicago and Northwestern Railway Company Tract (formerly The Minneapolis and St. Louis Railroad); thence North 57 degrees 01 minutes 38 seconds East along said right-of-way line a distance of 76.70 feet to the original right-of-way of The Minneapolis and St. Louis Railroad Company; thence northerly along the westerly boundary of said original right-of-way North 35 degrees 30 minutes 32 seconds East a distance of 1221.53 feet to the point of beginning. Excepting therefrom all that part of the above described property lying southerly of the following described line: Beginning at a point on the westerly line of said property distant 300.00 feet southerly of said north quarter comer; thence South 88 degrees 36 minutes 43 seconds East to the east line of said property and there terminating, Carver County, Minnesota. Parcel Two: That part of the North Half of Section 36, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the northwesterly comer of Lot 5 of Bluffview Addition, according to the recorded plat thereof; thence southwesterly along the northerly line of said Bluffview Addition a distance of 54.32 feet; thence northeasterly at an angle of 27 degrees 24 minutes 00 seconds (as measured east to north from said northerly line) a distance of 71.71 feet to a point distant 33.00 feet (as measured at a right angle) northerly of the northerly line of said Bluffview Addition, the actual point of beginning of the land to be described; thence continuing northeasterly along said last described course a distance of 127.52 feet; thence deflecting to the right at an angle of 39 degrees 48 minutes 30 seconds a distance of 45.45 feet more or less to its intersection with a line drawn from the north quarter comer of said Section 36 to the nOliheasterly comer of said Lot 5 135745 13 of Bluffview Addition; thence northerly along said last described line a distance of 658.36 feet to the said north quarter comer of said Section 36; thence Westerly along the north line of said Section 36 a distance of 317.10 feet; thence deflecting to the left at an angle of 80 degrees 02 minutes 40 seconds a distance of 716.80 feet to its intersection with a line drawn parallel with and distant 33.00 feet northerly (as measured at a right angle) of the northerly line of said Bluffview Addition; thence easterly along said parallel line to the actual point of beginning, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. 135745 14