Loading...
11. Consider Approval of Purchase Agreement, DataServ Property11 CITY OF �8AN8ASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Todd Gerhardt, Assistant City Manager DATE: September 6, 1995 SUBJ: Consider Approval of Purchase Agreement with DataSery Action by Cfly Administrator Endorses+ ✓ IDwA Modified Rejected Data Bate Submitted to CommissbQ Nto Sub mitted to Council cf -// -q.s Over the past year, staff has been working with both the Minnesota Department of Transportation and DataSery in trying to obtain approval for the conveyance of the two lots south of Highway 5 which are surrounded by property owned by DataSery (see Attachment #1). MnDOT obtained this property as a part of the upgrading of Highway 5. As you may recall, the site contained two houses and a barn that were removed and relocated as a part of this project. MnDOT has no further need for the extra land and has agreed to sell the property. Under state statute, the state must first offer it to the city and if the city does not purchase it, the state is then required to offer it to the original landowners. If the original landowners do not want the property, it may be sold through a closed bid process. Staff feels that the best option is for the city to purchase the property from MnDOT for $75,000 (see Attachment #2) and then resell the property to DataSery for $75,000 plus expenses and require that DataSery convey an easement and quit claim deed for real property needed to finish Dell Road south of Highway 5 to the Eden Prairie city limits (see Attachment #3). The need for completing our segment of Dell Road is important due to the safety concerns of the current road design. DataSery has indicated a strong desire to purchase this property so that they may combine the two lots with their current site and to control the overall development of this area. Planning staff would prefer to see the property developed as one overall plan and has asked that we place one additional condition on the resale— thitbataSery must combine the two lots with their current site prior to either selling their property or developing the site. DataServ's real estate agent has given preliminary approval to this condition. Staff recommends approval of the attached purchase agreement with DataSery and the conditions noted above, including the condition of combining the two lots with their current site (see Attachment #4). ATTACHMENTS 1. Location map. 2. Letter from MnDOT dated January 26, 1995. 3. Proposed road area map. 4. Proposed purchase agreement with DataServ. MEMORANDUM N JO _.... • I _..._......._ _....._ . ... _ f :d) AV:.tI11VJ .3 AV N1 '3'1 —�- 0 3 nN3AV HIM 1S3M �. ii I . N�SSdHN'dH� �Q! J�l dzoz ca c! I f o — m SEE MAP e0 V I I co `_° ! I I N m ml ! y ( 7r' �y•._..�II s3 ° a i I , ° m r` I 11 00 •� \ w 3 LP -zl In ' � c t d ^ � (I 1 R � t ' � r• t� • :7u l snu� { . y y fi E '�' �. ' i I ! I W ! `�� O w � I ^ t 11• • J� n - K U ! O TzW tin N i ! O 1 1 I C.� uj IM Ill V17= M_ I� I: W or I – o I �I t Q I w i CL In Ld 0 it II ° ;1' � � •�� I \ � I z I O G O O p 10 u O C) i. in r. I i' Ld � =� . Y � • ,' •> • : � J A10 > j 2 �u• \`r•i ..: /..cJ •`!• '�•>. 'r n .� _ 3 !1 II / �` -- -,/ -- m I � _'aD N In co f of I•.•'1•�.�� I I I 1 � . . . H Y Y v ' I t i i I I O ln o! m. J L1 1 iI l i d I I I ' - "n ' Ou ID ,� �7Y Jr• 1 O O Q �, \,,.•w.y...w„ii...w• -. / • • ( -- 1 it � Q I / /�, ... . ._ .. __._. 1 V w / vii I I ' o i ; % . •I N ' Y I ' 1 .. ...r. �:';. • 'r ..1 III it I '' V' 'VA _ V —0 ESN 4 V ' ' o Minnesota De pa of Transportation p Am Transportation Building , �b 395 John Ireland Boulevard / Saint Paul, Minnesota 55155 -1899 January 26, 1995 296 -8647 Mr. Paul Krauss, AICP Director of Planning City of Chanhassen 690 Coulter Drive P.O. Box 147 ' Chanhassen, MN 55317 In reply refer to: 7300 S.P. 2701 (5=121) 901 Hennepin County Parcels 202B and 202C Reconveyance to City Dear Mr. Krauss: I am pleased to inform you that all approvals have been obtained for the conveyance of the above referenced parcel. The value of said 1.38 acre tract is $75,000.00. If this is acceptable, please submit payment of $74,752.50 ($75,000.00 minus $247.50 deed tax) in the form of a cashier's check, certified check or money order made payable to " Commissioner of Transportation - Tnmk Highway Fund ". You will be responsible for payment of the deed tax at the time of recording of the Quit Claim Deed. Upon receipt of payment the State will issue a Quit Claim Deed using the enclosed legal description to the City of Chanhassen. Please submit payment and any questions you may have regarding this transaction to Marvin Martin, Transportation Building, 395 John Ireland Boulevard, M.S. 631, St. Paul, MN, 55155 (phone 612 - 296 - 8647). Sincerely, K. F. Rasmussen, Director Office of Right of Way and Surveys Enclosures: Legal Description (1) Map (1) i #F, t;t cy U IJJJ v '�l @ i; o} CITY 01' CHNNHASSE.iV An equal oonortunity emolover a �3 is s z b c < MN u p �1 = p m � � W O C� 8 �K yU mm co Ix ce { WWW �_ �� � a I 1 W� 111 Ix 5 0 img 3 � k 11 o wj in b0 NN , I i 1 L pl 1 O G *� 4 a� a Nap O O � ,' I F• , ' 10 (((, o� � �. - - k-- 1 U X00 � x.00 J O f N I � 0 1 31H NHd NK �jt• Pte• 0 o a0 rA� h n 0 N nm" n' Nnto. gom Q �p O 1f1 O � ¢ m in o N N t t n n N gn•�in. + ++ 2 Nf Y h O B. n .0 t t U rc t�tttti_c.i ii OamJ�aaa N r 0 N io O O 1� J !7 � N � co z W I- z 3 7 o n la1 0 i :::::.::.:.::::.:. :::::• :, .�.. .:.:.:. :.:.:.:.:.. : ................. .... .ID ....c':.:.: :1::::::1:: ..... :.:.:.:.:.:.:.......... :x: t .........: K . ........... .•AE :1: :u ............ ...... ............:.................. 0L ►16 'n 313 Nd .; :i,. 1 ' • � • 1� \ •L .: .�......... .... . y ......... ......:: « o DO :.:.: . .. ...........................:. _. ..... i:..A -- . Q .... :: o .:\ `: w :�..: iV o :: :L ,. •: f ►; f 06; ;313 ; �Ad ` .:................ . ................ »k.:.:.:.:. »:.. �. . 1 oh 0 N 1:•: REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT (the "Agreement ") made and entered into this day of ,, 1995 by and between the CITY OF CHANHASSEN, a municipal corporation under the laws of the State of Minnesota, with offices at 690 Coulter Drive, Chanhassen, Minnesota 55317 (referred to herein as the "Seller "), and DATASERV, INC., a Minnesota corporation, with offices at 12125 Technology Drive, Eden Prairie, Minnesota 55344 (the "Buyer "). In consideration of the mutual covenants and agreements herein, and of the Earnest Money (as defined herein) paid by Buyer, the receipt and sufficiency of which are hereby acknowledged, it is hereby mutually agreed by Seller and Buyer as follows: SECTION 1. SALE AND PURCHASE OF LAND, 1.1) Seller shall sell to Buyer and Buyer shall purchase from Seller, upon the terms and conditions hereof, the following property (referred to as the "Subject Property "): 1.1.1) The land in Hennepin County, Chanhassen (the "City "), Minnesota, legally described on Exhibit "A" to be attached hereto and incorporated herein. SECTION 2. PURCHASE PRICE 2.1) The purchase price for the Subject Property (the "Purchase Price ") shall D be Seventy Five Thousand Dollars ($75,000.00) payable by Buyer to Seller as follows: � 08/10/95 24208 �l� r'd",�CG - 2.1.1) Five Thousand Dollars ($5,000.00) as earnest money ( "Earnest Money ") paid to Seller by Buyer, the receipt of which is hereby acknowledged by Seller. 2.1.2) Seventy Thousand Dollars ($70,000.00) by check on the date of closing. SECTION 3. TITLE MATTERS 3.1) Seller shall cause to be furnished to Buyer within twenty (20) days hereof a current commitment for the issuance of a 1987/1990 ALTA Form B owner's policy of title insurance (the "Commitment ") issued by Title Company acceptable to Buyer ( "Title ") in the amount of Seventy Five Thousand Dollars ($75,000.00), committing to insure that Buyer will have marketable title to the Subject Property. 3.2) In the event any exceptions are listed in the Commitment for title insurance, if the same results from any voluntary action by the Seller, the Seller shall promptly cause the exception to be removed. With regard to any other exceptions, if the Seller fails to remove the same within the time allowed for closing on the Subject Property, the Buyer shall have the right to terminate this Agreement as the Buyer's sole and exclusive remedy and Seller shall return Buyer's Earnest Money. Upon such termination neither party shall have any rights or obligations under this Agreement. SECTION 4. CLOSING 4.1) The closing (the "Closing ") shall be at a location designated by Seller, and shall occur within ninety (90) days of execution of this Agreement (" Closing Date "). I 24208 2 08/10/95 1 ' 4.2 On the Closing Date, Seller shall deliver to Buyer possession of the Subject Property. 4.3) On the Closing Date, Seller shall execute and deliver to Buyer: 4.3. 1) A duly executed quit claim deed covering the Subject Property; and 4.3.2) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no ' bankruptcy proceeding filed against Seller, and no labor has or materials have been furnished to the Subject Property for which payment has not been made, and that to the best of Seller's knowledge there are no unrecorded interests ' relating to the Subject Property. ' 4.4) Buyer shall assume all obligations associated with the payment of any and all real estate taxes and special assessments due and owing in the past, present and ' future against the Subject Property. g � ' 4.5) Seller shall not be responsible for any costs associated with the transaction ' described herein. 4.6) Buyer shall pay at Closing: ' 4.6. 1) state deed tax; ' 4.6.2) recording fees for corrective instruments required to remove encumbrances and place marketable title in Buyer's name; ' 4.6.3) all real estate tax obligations as outlined in paragraph 4.4; ' 4.6.4) all fees and costs owed for a survey of the Subject Property; 4.6.5) all recording fees and charges relating to the filing of the deed ' described in 4.3.1; 1! 24208 K 08/10/95 4.6.6) title insurance commitment fees including name searches, tax searches, bankruptcy searches property inspection fees and title insurance premiums; 4.6.7) the Closing fee charged by the title company; and 4.6.8) all costs and fees incurred by Seller (including Seller's attorney's fees) associated with acquiring the Property described in Exhibit "A" and transferring same to Buyer, not including the costs and fees associated with the transaction covering the Property described in Exhibits "C" and "D ". Buyer shall indemnify Seller for any and all such costs, fees and expenses associated with the transaction for the Property described in Exhibit "A ", to the extent that such costs, fees and expenses do not exceed Four Thousand Dollars ($4,000.00). SECTION 5. COVENANTS. REPRESENTATIONS. AND WARRANTIES OF SELLER 5.1) Seller makes no covenants, representations or warranties with respect to the Subject Property. Buyer acknowledges that it is accepting title to the Subject Property in an "as -is" condition. 5.2) As part of this agreement, Seller shall execute the well disclosure certificate attached hereto as Exhibit "B ". Seller shall deliver the well certificate to Buyer on the date of execution of this agreement. SECTION 6. SELLER'S CONTINGENCIES 6.1) The obligations of Seller under this Agreement are contingent upon each of the following: 6.1.1) Seller obtaining marketable title to the Subject Property at a price of $75,000.00 from the State of Minnesota, prior to the Closing Date. 24208 4 08/10/95 1 6.1.2) Seller obtaining from Buyer a fully executed Easement Agreement on a form prepared by Seller covering the real property described ' on Exhibit "C". 6.1.3) Seller obtaining from Buyer a quit claim deed covering the real ' property described on Exhibit "D". ' 6.1.4) The easement and fee interests to be acquired by Seller under 6.1.2 and 6.1.3 are not be subject to any adverse interests which, in the sole opinion of Buyer, would interfere with Buyer's proposed uses of said property. ' If the Seller's contingencies have not been satisfied on or before the Closing Date, ' then Seller may terminate this Agreement by giving written notice to Buyer on or ' before the Closing Date. Upon such termination, Seller shall promptly refund to Buyer all Earnest Money paid hereunder and neither party shall have any further rights or obligations under this Agreement. The above contingencies are for the sole t and exclusive benefit of Seller. ' SECTION 7. MISCELLANEOUS. ' 7.1) Buyer hereby indemnifies Seller for any claim, cost, or damage related to any brokerage fee due because of this Agreement. 7.2 Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Seller or ' Buyer. Any notice shall be deemed effective when delivered to the party to whom it 24208 5 08/10/95 L' is directed. Unless other addresses are given in writing, notices shall be sent to Seller or Buyer at the applicable address stated on the first page of this Agreement. 7.3) Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 7.4) Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 7.5) This Agreement represents the entire agreement of the parties with respect to the Subject Property and all prior agreements, understandings, or negotiations between the parties are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. Seller and Buyer shall have the right to modify, amend, or cancel this Agreement without the consent or approval of any real estate broker or agent. Under no circumstances, including, without limitation, any default(s) of Seller and /or Buyer under this Agreement, will: (a) any real estate broker or agent be entitled to any commission (or any portion of the Earnest Money) unless the Closing actually occurs, or to any notice under this Agreement; or (b) 24208 0 08/10/95 1 Buyer have any liability and /or obligation for payment of any commission or other ' compensation to any real estate broker or agent regarding this Agreement. 7.6) If Buyer defaults under any of the terms hereof, then Seller shall retain the Earnest Money and shall have the right, in addition to whatever other remedies are available to Seller at law or in equity, including without limitation, specific ' performance, damages, including attorney's fees, to cancellation of this Agreement. 7.7) If Seller defaults under any of the terms hereof, including, without limitation, the delivery of marketable title to the Subject Property as set forth in Section 4 hereof, and any of Seller's representations, covenants, and warranties in Section 5 hereof, then Buyer shall have the right, in addition to whatever other remedies are available to Buyer at law or in equity, including without limitation, specific performance, damages, including attorney's fees, to cancellation of this Agreement. On such cancellation, Seller shall deliver to Buyer all Earnest Money. ' 7.8) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. ' 7.9) Failure of any party to exercise any right or option arising out of a breach ' of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. ' 7.10) This Agreement shall inure to the benefit of and be binding upon the ' parties hereto and their respective successors and assigns. 1 24208 7 08/10/95 7. 11) This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: CITY OF CHANHASSEN Donald J. Chmiel, Mayor Don Ashworth, City Manager /Clerk BUYER: DATASERV, INC. By: . Its �� l � F:0 un Its 24208 8 08/10/95 STATE OF MINNESOTA) ) ss. ' COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ' 1995, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and City Manager /Clerk of the CITY OF CHANHASSEN, a Minnesota ' municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA) ) ss. COUNTY OF %ZAMSF ) U The foregoing instrument was acknowledged before me this / day of A!1 S I 1995, by C� AZ�I .1 - 0A J and the p and of DATASERV, INC., a ffi f d AIF$;�PTA corporation, on behalf of said corporation. p�cP U JAMES Not Net � mev w goo No ry Public THIS INSTRUMENT WAS DRAFTED BY: Notary Public -a CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 JRW 1 24208 0 08/10/95 EXHIBIT "A" to REAL ESTATE PURCHASE AGREEMENT LEGAL DESCRIPTION OF THE SUBJECT PROPERTY That part of Tract A described below: Tract A. The north 317 feet of the east 360 feet of the west 1429.34 feet of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West, Hennepin County, Minnesota; which lies southerly of Line 1 described below: Line 1. Beginning at Right of Way Boundary Corner B21 as shown on Minnesota Department of Transportation Right of Way Plat No. 27 -48 as the same is on file and of record in the office of the County Recorder in and for said county; thence run westerly, along the boundary of said plat, on an azimuth of 271 degrees 27 minutes 33 seconds for 183.96 feet to Right of Way Boundary Corner B22; thence on an azimuth of 271 degrees 27 minutes 33 seconds for 360.13 feet to Right of Way Boundary Corner B25 and there terminating; containing 1.38 acres, more or less; Subject to the following restrictions: No access shall be permitted to Trunk Highway No. 5, from the lands herein conveyed. ABSTRACT -OR- TORRENS CERTIFICATE NO. 24208 10 08/10/95 1 ELL DISCLOSUF.E CERTIFICATE J erson filing deed must attach a S20 fee payable to the County recorde A. PROPERTY DESCRIPTIO14 Ai<ach a legal description of the pro: r', ;r if the propetr do-s not have a !ct number, block number, and addition name. COU'N'TY I LOT hLIM;H.� I BLOCK N'L'Lr,,Er� I ;ADDITION HAVE STn_E T ADD= ESS CITY PROPERTY BUYER N1AILING ;'.DDRESS AFTER CLOSING B. PRO _ _ fl ST I'in!i , L L= IN'I r1AL L ., Sr !1rnl!L (1r' r.= r LiC..SL ADD=.ESS ' c TELUXON'E N'UI�.cER CITY _i c1rCODL C. CERTIFICATIO14 BY SELLER " hat ti e rormaio, n o r hi .:r ...: ' „ .. ' S ^' ge iii i, !n l , 1 ,,r�11� ed on i.i1S Cc ;.�,�e.- :S aCC..faic an CC•�,i;r. ,e 10 the be st of �,.) r;n01';Izd .... Sioneture of Seller or DEsionated hEr:iSEi aiiYc of Seiler Date D. CERTIFICATION BY BUYER t he buyer or person authorized to act on behalf of i`,e buyer, must sion a 1;'eil Disclosure Certificate for all deeds given in lultillment of a contract for deed if there is a wEll on the properiy. he absence of a seller's signature, the buyer, or pErson authorized to act on behalf of the buyer may sign this well cE ."+iticate. 0 sionaiure is reQuirEd by the buyer if the SE!!Er h is sioned above. Eased on disclosure inform provided to me by it a seller or other available information, I Certify that the information o this cer'+ificate 2CCurate and complete to the best of ny knowledge. u Sionature of EuyEr or DESlonafed FeprESe native of EuyEr Dcte (OVER) FVUTt�Tm I�nl� (�1 - Z C fl.'J - 'l SEpErc e IS,;;/ 1(1"Gini,c" ;G,i __• - WELL -1 COUNTY CUI-.n±En SECTi0! 1UI.,EER TC'V5'liSX1P Nul"'EE7 = , hN'GE IrUL�EEn I I I I l'. ELL STATUS 1'_AR V.' LL 1'.' S: L:D (IF fit ;C'r, i ;1 1; +ELL IS: El Ih +USE (-,) ❑ h +OT IN USE ;E) _I SEr.LED 5Y LICE!�SED (YELL CONTFhCTC: (c) V, E L L -2 COUIiTY LIUAnTEi SECIiolll NUL!EEF GE IdU64EEF WELL STATUS �:�; t,:�� r, _.. !:� (;F ►:�; ', � ;� 1YELL IS: ❑ I1,' USE (1) ED I,'OT 1!,' USE +2) _ __ =LED EY L!CEl:SED 1'1ELL CO1�TF -.CTC= (:) WELL -3 CDU!�TY I C - 1EF I SECT 10W HUMBER I T07,'hS'r'!P NUM=- , I =..A!, G E I' C 14ELL STATUS t:;,; tY_11 _ .. =:_D (1F WELL IS: ❑ ;N US= (i) ❑ %'0T !Id US= ��) — _ LSD BEY L!C =liSED 15'EL L C0!�Tj ^.ACTC; (2) SKETCH L4AP— Sketchthelocationcfth s)a. dl ;l ClUdeestimaieddistances from roads streets an b;.ilcincs. IF MORE THAN ONE WELL ON PROPERTY, USE 7HE VVELL LOCATION NUTABER AEOVE TO IDENTIFY E -CH 1'JELL. Information provided on this form is classii ;ed as public information under h6innesola Statutes, Chapter 13. To reouest this document in another format tail 627.5100 or TDD through h4innesota Relay Service at (612) 297.5353 or toll free 1.600.6 -3529 (Greater h4innesota). t• :E G13E�•03 1119 3R i V EXHIBIT "C" to REAL ESTATE PURCHASE AGREEMENT LEGAL DESCRIPTION OF THE EASEMENT AGREEMENT PROPERTY A temporary easement for construction purposes over, under, across and through the West 5 feet of the East 65 feet of that part of the North Half of the Northwest Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota lying southerly of line segments between points B810 to B 11 and B 11 to B 12, as shown on Parcel 202A, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY PLAT NO. 27 -48, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through the West 30 feet of the East 95 feet of the North 65 feet of the South 355 feet of said North Half of Northwest Quarter. Said temporary easements to expire August 1, 1997. AND A 20 foot perpetual easement for drainage and utility purposes over, under, across and through that part of the North Half of the Northwest Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, lying west of the East 60 feet thereof. The centerline of said perpetual easement is described as commencing at the southeast corner of said North Half of Northeast Quarter; thence northerly along the east line of said North Half of Northeast Quarter 395.0 feet to the point of beginning of the centerline to be described; thence southwesterly, angle right 50 degrees 00 minutes 00 seconds a distance of 115.0 feet and there terminating. 1 24208 12 08/10/95 EXHIBIT "D" to REAL ESTATE PURCHASE AGREEMENT LEGAL DESCRIPTION OF THE QUIT CLAIM DEED PROPERTY The East 60.0 feet of that part of the North Half of the Northwest Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota lying southerly of line segments between points B810 to B 11 and points B 11 to B 12, as shown on Parcel 202A, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY PLAT NO. 27 -48, Hennepin County, Minnesota. 24208 13 08/10/95 '