1h. Resolution Authorizing the Conveyance of Certain Properties in Conjunction with the Development of Chanhassen Retail Second Addition1
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CITY O
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager T �011
DATE: February 23, 1995
SUBJ: Quit Claim Deed to Ryan Construction Regarding the Sale of Outlot B,
Chanhassen Retail Addition
Attached for the city council's consideration is
certain lands to Ryan Construction regarding t
alignment. The resolution also releases the s:t
have now been replaced with the city documa
Boston Chicken.
RECOMMENDATION
Staff would recommend that the cit obuncil approve
Jim Walston from the City Attorn 's office.
ATTACHMENTS
1.
Letter fr
2.
Resoluti
3.
Exhibits
i authorizing the conveyance of
of the old West 78th Street
ious documents that were filed and
d with Taco Bell, Perkins, and
resolution as prepared by
MEMORANDUM
CAMPBELL, KNUTSON, SCO & FUCHS, P A.
Attomeys ,il Law
ThomwJ. C (612) 452-50tXt
Rnp r N. Knumm Fax ( 612) 452.555
Thomas M. Scutt
Gary G. Fuciv
Jamey R. Wakrnn
Ellitou B. Knetsch February 23, 19 9 5
VIA FACSI
Mr. Todd Gerhardt
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN SS317
Re: Chanhassen HRA - Ryan
Chanhassen Retail Second Addition
Our File No. 12668/352
Dear Todd:
Andrw McDowell Coehkr
T L. N issen
Marguerite M Mi.Csi ron
Groigr T. 5Le0hcns4�rt
Enclosed please find proposed Resolution with exhibits. The
title insurance commitment for the Chanhassen Retail Second
Addition project shows certain encumbrances against the property
which is to be transferred to the Ryan Company by the HRA. In
order to clear those interests and so that Ryan will receive
marketable title to the property to be known as Outlot B,
Chanhassen Retail. Second Addition, it is necessary that the City
Council approve the enclosed Resolution and execute the exhibits
attached thereto.
if you have any questions, please call me. I will advise
Roger Knutson of Lhis matter so that he would be prepared to
answer any questions at the City Council meeting.
Very truly yours,
CAMPBELL, KNUTSON,
& FUCKS —,
James IR. Walston
JRW:rlt
Enclosures
22319
x --
401 �
Suite 317 • Ea�;aru.lmlc (Ace Center • 1380 Corporate Center Curve • Earan, NIN 5 12 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' RESOLUTION
1
Date Resolution
Motion By
Seconded By
RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY AND THE RELEASE OF THE MEAL PROPERTY
FROX DEVELOPMENT CONTRACTS AND SITE PLAN REVIEW IN
CONNECTION WITH THE DEVELOPMENT OF CHANHASSEN RETAIL
SECOND ADDITION
WHEREAS, Ryan Construction Company of Minnesota, Inc.
( "Ryan ") is deveioping certain real property located within the
City of Chanhassen to be known as CHANHASSEN RETAIL SECOND
ADDITION pursuant to a Contract for Private Redevelopment between
the Housing and Redevelopment Authority in and for the City of
Chanhassen and Ryan dated July 20, 1994; and
WHEREAS, said Contract for Private Redevelopment requires
for the conveyance of certain real property ( "Subject Property ")
to be platted as OUTLOT B, CHANHASSEN RETAIL SECOND ADDITION to
Ryan; and
h t1 'tl evidence for the Subject Property reveals
WHEREAS. t e e
that the City of Chanhassen holds certain interests in the
Subject Property that must be conveyed to the Chanhassen HRA in
order for the Chanhassen I3RA to convey marketable title of
'
proposed OUTLOT B, CHANHASSEN RETAIL SECOND ADDITION to Ryan; and
WHEREAS, the property interests of the City including fee
title will be transferred to the Chanhassen H:2A by the execution
'
of the attached Quit Claim Deed; and
WHEREAS, the title evidence reveals that the following
'
documents have been recorded against the title to the Subject
title to
Property which must be* released so that marketable
OUTLOT B, CHANHASSEN RETAIL, SECOND ADDITION will be conveyed to
'
Ryan:
a. 87 -7 Site Plan Review filed November 25, 1987 as
'
Document No. 92041.
between T. F.
b. Development Contract dated June 21, 1988
James Company and the City of Chanhassen and filed May
'
16, 1989 as Document No. 105239_
C. Development Contract dated October 26, 1992 between
City of Chanhassen and Dayton Hudson Corporation a•
'
filed November 17, 1992 as Document No. 142312.
'
22004
WHEREAS, the above - referenced Site Plan Review and
nevelopment Contracts will be removed as encumbrances from title
to the Subject Property upon execution of the attached Partial
Releases.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chanhassen:
1. That the city Council of the City of Chanhassen
approves the execution of the Quit Claim Deed and
Partial Releases attached hereto as Exhibit A -1 through
A -4; and
2. The Mayor and city Manager are hereby directed to
execute and deliver the same to Ryan upon the City
Attorney's request-
ADOPTED this day of _
Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk Manager
JI 1995, by the City
Donald J. Chmiel, Mayor
22004 2
QUIT CLAXM DEED
Corporation to Carpo - tie
No delinquent taxes and transfer
entered; Certificate of Real Estate
value ( ) filod ( ) not required
Certificate of Real Estate Value
NO. 19
County Auditor
by Deputy
STATE DEED TAX DUE HEREON: $__
Dated'—_ 1!)95
(rPCerved for rPr.ordana data)
FOR VALUABLE CONSIDERATION, the CITY OF CHANHA5SEN, a municipal corporation
under the laws of the State of Minnesota. Grantor, hereby conveys and
quitclaims to HOUSING AND REDEVELOPMENT AUTHORITY IN = FOR THE CITY OF
CHANRASSEN, a ptit)lic body corporate and politic, Grantee, zeal property in
Carver County, Minnesota, described as follows:
That part of the following described property:
Lot 1, clock 2. WEST VILLAGE HEIGHTS 2ND ADDITION, according to the recorded plat
thereof, and situate in Carver County, Minncsot8.
Which lies Southwesterly of a line run parallel with and distay- 70 fact Soutl:wenLCrly
from a lint- described as follow,$: thrncc South 0 degrees la minutes G5
Commencing at the Northwest corner of Said Lot 1;
seconds West, assumed beading, along the West line of said Lot 7 a distance of 41.27
feet to the point of beginning of the line to be described; thcnoc sk3v I, 77 degrees 49
minutes Z4 second. East 779.48 fret; thence southcaacerly 229.78 feet along a
tanguntial curve concave to the Southwent having a radius 4 0 983.53 feet and w central
an of 13 degrees 22 minutes so seconds; Lhtu >ee South 64 degrees 24 nin_tes 34
seconds Resat, tangent to said curve. 161.90 fact nrd .aid described line there
tormirating. AND
(legate continued on back side)
TOTAL CONSIDERATION FOR THIS CONVEYANCE IS LESS THAN 5500.00.
cR.A-NTDR CERTIFIES THAT G RAN TOR IS UNAWARE OF A.WY WELLS ON THE ABOVE - DESCRIBED PROPERM
together with all hereditaments and appurtenances belongir_g thereto.
CXTX OF CHAXHASSEN
AQI-IX DECD TAX LrAMP HERr
(SEAL)
STATE OF MINNESOTA )
y3.
COUNTY OF CARVER. )
By J. Chmiel, Mayor
Sy:
Don As worth
City Manager /Clerk
The foregoing instrument was acknowledged before me this eaY
of 0 1995, by Donald 3. Chmicl and by Don Ashworth,
respectively the Mayor and City Maljdger /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.
(NOTARY STAMPI
THIS INSTRUMENT WA9 DRAFTED BY:
CAMPBELL, MT-SON. SCOTT 4 FUCHS. P.A.
317 fagandale Office. Center
1380 Corporate CC711;U' Cutve
Eagan, MIN 55121
Telephone: (61 452 -5000 02W)
22008
EXHIBIT A -1
Notary Public
Tax StOtemerILO for the real property described in
this instrument should be :c t to:
HOUSING AND REDEVELOPMENT AUTHORTTY IN AND
FOR THE CITY OP CI!P.NIMSSEN
ego coulter Drive, P.O. Box 147
Chanhassen. MN 5551'I
.. -. .. �... .....::".' T' St' cl,++.ts:mram�.+smrr.n•�...., -....
That part of west 78th Street (also known as County Road No. 16) as
dedicated with the plat of WEST VILLAGE HEIGHTS, which lies between
the Southerly extension of the West line of Lot 3, Block 2, WEST
VILLAGE HEIGHTS 2ND ADDITION, and a line described as beginning at the
Northwest corner of Lot 1, Block 1, CHANHASSEN RETAIL ADDITION; thence
Northerly along the continuation of the West line of said Lot 1, a
distance of 32.20 feet; thence Northeasterly, tangent to said
continuation, 50.0 feet and said line there terminating, according to
the recorded plat thereof, and situate in Carver County, Minnesota.
AND
That part of West 78th Street (also known as County Rvad No. 16) as
dedicated with the plat of BURDICK PARK 2ND ADDITION, lying hptween
the Northerly extension of the most EastAriy West line of Out'lot B,
CNANHASSEN RETAIL ADDITION, and a line described as beginning at the
Northwest corner of Lot 1, Block 1, CHANHASSEN RETAIL ADDITION; thence
Northerly along the continuation of the west line of said Lot 1.a
distance of 32.20 feet; thence Northeasterly, tangent to said
continuation, 50 feet and said line there germinating, according to
the recorded plat thereof, and situate in Carver County, Minnesota.
22008
V- -V %VV 11.2V yvir zvr vvvv +...,.. ✓✓..✓ ....... v
PARTIAL RELEASE OF SITE PLAN REVIEW
PARTIAL RELBASE of Si.Ze Plan Review granted this day
' of , 1995, by the CITY OF CRANHASSEN, a
Minnesota municipal corporation ("Ci.r_y") .
RECITALS
1. The City has filed a Site Plan Review with the Carver
County Recorder's office on November 25, 1987, as Document No.
' 92041 ("Site Plan Review ").
2. The City has been requested to grant a release for the
' following described property which is encumbered by the Site Plan
Review:
That part of the following described property:
By.
Donald J. Chmiel, Mayer
By:
' Don Ashworth, City Manager /Clerk
' zz3;o
EXHIBIT A--2
Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADIITION, according
to the recorded plat thereof, and situate in Carver County,
Minnesota.
Which lies Southwesterly of a line run parallel with and
distant 70 feet Southwesterly from a line described as
'
follows:
'
Commencing at the Northwest corner of said Lot 1; t:
South 0 degrees 14 minutes 08 seconds west, assumed hearing,
along the West line of said Lot 1 a distance of 41.87 feet
to the point of beginning of the line to be described;
thence south 77 degrees 49 minutes 24 seconds East 179.48
feet; thence southeasterly 229.78 feet along a tangential
curve concave to the southwest having a radius of 983.93
feet and a central angle of 13 degrees 22 minutes 54
'
seconds; thence South 64 degrees 26 minutes 34 seconds East,
tangent to said curve, 181.90 feet and said described line
there terminating.
'
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen;
1. With the exception of levied and pending special
'
assessments, if any, the foregoing described real property is
Plan Review.
released from all obligations under the Site
Dated this day of , 1995.
'
CITY OF CHANHASSEN
By.
Donald J. Chmiel, Mayer
By:
' Don Ashworth, City Manager /Clerk
' zz3;o
EXHIBIT A--2
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER }
The foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager /Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
Council.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
CAMPBELL, KNUTSON, SCOTT & FUCHS, F.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
JRW
ZZ3'10 2
1 PARTIAL RELEASE OF DEVELOk'MENT CONTRACT
1
PARTIAL RELEASE of Development Contract granted this
1 day of , 1995, by the CXTY OF CHANHASSEN, a
Minnesota municipal. corporation ("City!') .
1 RECITALS
1. The City has entered into a Development Contract dated
1 dune r9affice as recorded
Document No�,345239.at the Carver County
Recox de's
2. The City has been requested to grant a release for the
i following described property Which is encumbered by the
Development Contract:
1 Qutlot B, CH.A,NHASSEN RETAIL ADDITION, according to the
recorded plat thereof, and situate in Carver County,
Minnesota.
1
NOW, THEREFORE, BE IT RESOLVED by the City of Chanha
1 1. With the exception of levied and pending special
assessments, if any, the foregoing described real property is
released from all obligations under the Development Contract.
1 Dated this _.. day of 1 1995.
1 CITY OF CjJANHASSEN
1 By.
Donald J. Chmiel, Mayor
1
B
Don Ashworth, City Manager /Clerk
1
n
1 EXHIBIT A -3
2Z3o7
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager /Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
council.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
ClA.NPSELL, KNUTSON, SCOTT & FUCHS, P-A.
317 Eagandale Office Center
1384 Corporate tenter Curve
Eagan, MN 55121
Telenhone: (612) 452 -5000
JRW
22307 2
PARTIAL RELEASE OF DEVELOPMENT CONTRACT
PARTIAL RELEASE of Development Contract granted this
day of , 1995, by the CITY OF CHANHASSEN, a
Minnesota municipal corporation ( "City ").
RECITALS
1. The City has entered into a Development Contract dated
October 26, 1992 and recorded November 17, 1992, at the Carver
County Recorder's office as Document No. 142312 (" Development
Contract ").
' 2. The City has been requested to grant a release fcr the
following described property which is encumbered by the
Development Contract:
Outlot B, C'.HA.NHASSEN RETAIL ADDITION, according to the
recorded plat thereof, and situate in Carver County,
' Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen:
1. with the exception of levied and pending
special
assessments, if any, the foregoing described real property is
released from all obligations under the Development Contract.
Dated this day of
. 1995.
CITY OF CHANHASSEN
By:
Donald J. C?'imiel, Mayor
BY=
Don Ashworth, City Manager /Clerk
22309
EXHIBIT A -4
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument waa acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager /Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
council.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center curve
Eagan, MN 55121
Telephone: (612) 452 -5000
JRW
22309 2
1
P ARTIAL RELEASE OF SITE-PLAN--REVIEW
PARTIAL RELEASE of Site Plan Review granted this day
'
o f , 1995, by the CITY OF CHANHASSEN, a
Minnesota municipal corporation ( "City ").
1
RECITALS
1. The City has filed a Site Plan Review with the Carver
County Recorder's office on November 25, 1987, as Document No.
1
92041 ( "site Plan Review ").
2. The City has been requested to grant a release for the
'
following described property which is encumbered by the Site Plan
Review:
1
That part of the following described property:
Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, according
to the recorded plat thereof, and situate in Carver County,
1
Minnesota.
which lies Southwesterly of a line run parallel with and
1
distant 70 feet Southwesterly from a line described as
follows:
Commencing at the Northwest corner of said Lot 1; thence
1
South 0 degrees 14 minutes 08 seconds West, assumed bearing,
along the west line of said Lot 1 a distance of 41.87 feet
to the point: of beginning of the line to be described;
1
thence South 77 degrees 49 minutes 24 seconds East 179.48
feet; thence Southeasterly 229.78 feet along a tangential
curve concave to the Southwest having a r.ariaus of 983.93
feet and a central angle of 13 degrees 22 minutes 50
seconds; thence South 64 degrees 26 minutes 34 seconds East,
tangent to said curve, 181.90 feet and said described line
1
there terminating.
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen:
1
1. With the exception of levied and pending special
assessments, if any, the foregoing described real property is
released from all obligations under the Site Plan Review.
1
Dated this day of , 1995
1
CITY OF CHANHASSEN
1
By.
Donald J. Chmiel, Mayor
1 By.
Dan Ashworth, City Manager /Clerk
22310 RX.H.IBI.T A -2
1
STATE OF MINNESOTA )
) ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager /Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
Council.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
JRW
22310 2
W--1 V V O
PART R LEASE OF DEVELOPM CONTRACT
PARTIAL RELEASE of Development Contract granted this
' day of , 1995, by the CITY OF CHANHASSEN, a
Minnesota municipal corporation ("City ").
' RECITALS
1. The City has entered into a Development Contract dated
June 21, 1988 and recorded May 16, 1989, at the Carver County
Recorder's office as Document No. 105239.
2. The City has been requested to grant a release for the
following described property which is encumbered by the
Development Contract;
Outlot B, CHANHA.SSEN RETAIL ADDITION, according to the
recorded plat thereof, and situate in Carver County,
Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen:
1. With the exception of levied and pending special
assessments, if any, the foregoing described real property is
released from all obligations under the Development Contract.
Dated this day of
1995.
CITY OF CHANHASSEN
By:
Donald J. Chmiel, Mayor
By:
Don Ashworth, City manager Clerk
22307 EXHIBIT A -3
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER }
1 foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager /Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
Council.
THIS INSTRUMENT WAS DRAFTED BY!
Notary Public
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
JRW
22307 2