1b. Approval Option to purchase Tanadoona Drive r
C ITYOF
CHANHASSEN
1 ,o4.
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
Action by City Administrator
&dossed 1..)K, MEMORANDUM Modified
Rejected
I TO: Don Ashworth, City Manager DAP I % 1
tY g Date Submitted to Commis:im
FROM: Dave Hempel, Assistant City Engineer 49/4 Dete Sub nceed to Council
DATE: February 26, 1993
1 SUBJ: Approval Resolution Authorizing Excercise of Option to Purchase Certain
Real Property - Tanadoona Drive (Zimmerman Property)
1 PW142
1 Background
On December 31, 1986, Mr. Walter Zimmerman (previous property owner) entered into an
I option to purchase agreement with the City of Chanhassen for a segment of roadway which
is now utilized as Tanadoona Drive. The option gives the City first rights to said property
in the event the property subdivides or is sold. The property is currently being subdivided
I and sold off therefore the situation has arisen for the City to obtain ownership. The
agreement between Mr. Zimmerman and the City will allow for a portion of the dedicated
right -of -way of Tanadoona Drive to be purchased for $1.00.
I Therefore, it is recommended that the attached resolution authorizing Chanhassen city staff
to execute any and all documents necessary to exercise the City's option under the certain
1 option to purchase agreement dated December 31, 1986.
jms
I Attachment: 1. Sample Resolution.
2. Option to Purchase Agreement.
1 3. Location Map.
111 c: Jeremy Steiner, Vesely, Miller & Steiner
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1 PRINTED ON RECYCLED PAPER
II
II CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 RESOLUTION
1 Date Resolution
Motion By Seconded By
RESOLUTION AUTHORIZING EXERCISE OF OPTION
I TO PURCHASE CERTAIN REAL PROPERTY
WHEREAS, the City has previously entered into an Option to
I
Purchase with Walter Zimmerman dated December 31, 1986, and
recorded with the Carver County Recorder on December 31, 1986, as
Document No. 83529, a copy of which is attached hereto as Exhibit
I "A ", for the exclusive option to purchase certain land in the City
of Chanhassen, Carver County, Minnesota, and legally described in
the attached Option to Purchase; and
1 WHEREAS, the City has elected to exercise its option to
purchase the aforementioned property.
I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chanhassen:
I City Staff is hereby authorized and directed to execute any
and all documents necessary to exercise the City's option
under that certain Option to Purchase dated December 31, 1986,
and to take whatever action is necessary to procure the real
I
property under the Option to Purchase in accordance with the
terms set forth therein.
1 ADOPTED this day of , 1993, by the City
Council of the City of Chanhassen.
1 ATTEST:
1
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
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' 3379 02/16/93
II ATTACHMENT 1
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OPTION TO PURCHASE „ .
that Walter 7.I�morman, also k • rvn as
KNOW ALL MEN BY THESE PRESENTS, arson, hereafter "Grimier" makes
Walter H. Zimmerman and W.H. Zimmerman, a single p
the following recitals:
the owner of the real property situated In the City of
WIIRREAS, Grantor Is described as follows, to wit:
I
Chanhassen, Carver County, Minnesota and legally
of the Southwest Quarter of th e Nt- thwest Quarter, Section Nine
That part Range 'twenty Three (23) 1 (9e Township `5thOPrincipal Meriden, described asrfollows: g
It est of
Commencing at the southeast corner 69 °42 15g West Southwest
(based on a Quarter i and Northwest Quarter; thence North line between the northwest corner I
North QO °5'15" West for a straight
the southwest corner of said Section described; thane of
contimm feet
North 69° �olce,
of beginning of the land to fee I
of 1 a distance of 228ort l ; corner of the easterlyr�'end`'oft Field Lane,
of 1 Ste feet to the northe y
dedicated in SUNSET HILL ON c recorded plat thereof; Southn3R °21'19"
found on ti of the �cncc North I Cast, all said along said easterly end of F end et land as 1Smon mentetd;'(tl feet to the
southerly corner said easterly
a distance
9ac of I along the : thence So: th 10 °46' fi Field West"nedistance as " of c 49 fi2 I
a e; t hen of feet;
feet; thence South 7 ?1 °39'26 " East distance
point of beglnning.tlAnd�, North
I0 Cast n distance beginning.
6 6 I
WHEREAS, saki real property lies adjacent to the easterly end and the southerly
antic in the plot of SUNSET 1111.1,
boundary of Field Lane, a road dedicated to the p �� {c fog, public
ON LAKE 511 N N 1:W ASIITA; and which property includes rights;* t'o the p 1
oses to the width of actual use and maintenance pursuant to the provision
road purp 1
of Minnesota Statute 41611.05, and N
• WIIEREAS, Grantor contemplates that the portion of s :tfcl property not presently
es may be dedicated to the public for Well purposes by tiruntor
used for public road p ur p • os
g 4 or, alternatively the'. the City oft .nnhnssen mny deN ''
or his sac. •cssors or assigns, , i to acquire said property for public road and utility purposes. I
1
EXHIBIT "A
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EXHIBIT "PAGE I OF J. ExN ATTACH
CHMENT 2
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iir_____...aiemiummomaminimm......_•:.. ......
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NOW THEREFORE, in consideration of One Dollnr and other good and vniunblc
I consideration, including the foregoing recitals,
1 ;T!' '
TIIiS Al dny of December, 1986, WALTER ZIMMERMAN, nlso known as Walter
I 11. Zimmerman and %Y. 11. Zimmerman. a single person, hcrcnfter Grantor,
IIRREUY GRANTS to the City of Chanhassen, a municipality lying and being in Carver r
County, Minnc'sotn, hereafter Grantee, an exclusive option to . ptrrchnse the following
described) property in Carter County, Minnesota, to -wit:
I Tnnt port of the Southwest Quarter of the Northwest Qunrter. Section Nine
(11). Township One Hundred Sixteen (116) North. Range Twenty Three (23)
West of the 5th Principal Meridan, described as follows:
commencing at the southeast corner of Raid Southwest Quarter of the
Northwest Quarter; thence North 69 °42'15" %Vest (based on n hearing of
I North 00 °35'15" %Vest for a straight line between the northwest corner nncl
the southwest corner of said Section 9) a distance of 750.15 feet to the point •
of beginning of the land to be described; thence continue North 61:°42'15"
iVest a distance of 228.35 feet: thence South 36 °06'16" Nest n d!stnnce
I of 18.77 feet to the northerly corner of the easter! ' end of Field Lane.
dedicated in SUNSET 1111.1, ON LAKE MINNEWASIr'rA, nccording 1c, the
found monumentntion of the recorded plat thereof; thence South 38n2I'19"
Enst, along said easterly end of Field Lane, a distance of 40.00 feet to the
southerly corner of snid easterly end of land as mont:monted; thence North
6:I °13'44" %Vest, along the southerly line. of said Field Lane ns monumcnted,
a distance of 283.38 feet; thence South 10 °41'10" %Vest a distance of 40.62
I feet; thence South 71 °39'26" Enst n distance of 466.30 feet; hence North
10 °46'16" Enst n distance of 60.84 feet to said point of beginning.
1 %Vhich option is subject to the following terms and conditions: '.I r
1. MANNER OF EXERCISE: This optima, may be exercised by Grantee only by
1 delivering to Grantor or his successors or nssigns, a written notice,of'its intent to exercise
I i
said option 'together with a Resolution of said municipality nt:tl:oriz ng p rocurement
of said property for the immediate establishment and construction of n public rond
and public utilities thereon; which public road and utilities are to be estnblished and
1 constructed In accordance with the requirements therefore as set forth in the subdivision
ordinances and reguinttons of said municipality; the option herein granted being expressly
I contingent upon.acgt:isition for public road, utility and right -of -way purposes.
2. PURCIIASE ('RICE: If the option herein shall be duly exercised. the purchase
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fXHIP.IT — PAGE
price shall be One and no /100ths ($1.00) Dollars.
3. MANNER OF PERFORMANCE: Upon the receipt by , Grantor, or his successors
or assigns, of the documents and consideration required for exercise of the option herein,
Grantor, or his successors or assigns, shall within 30 dajs, execute and deliver to Grantee ,
a WARRANTY DEED conveying the premises herein for the purposes herein expressed.
4. TERMINATION OF OPTION: The option granted herein shall be perpetual, provided
however, that it may be terminated upon the occurrence of any of the following events:
(a) The approval by Grantor herein of a plat subdividing the property
of Grantor herein; which subdivision shall Include the property which is the ,,,
subject of the Option herein, or ,
(b) By a deed of conveyance from Grantee extignuishing the rights granted ,
herein.
5. NONASSIGNABILITY: The option and the rights herein granted may be exercised
by Grantee herein for the express purposes herein and shall not be subject to transfer
or assignment. 1
8. NOTICES: Any Notice which may be or is required to be given pursuant to the
provisions of this option, or the delivery of arty documents required hereunder, shall '
be delivered or sent by certified mail, postage prepaid, return receipt requested, and
addressed as follows: 1
To the Grantor, to Walter H. Zimmerman
I
317 North Oak Street ;
Chaska, Minnesota 55318
To the Grantee to: City Clerk, City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317 .. , 1
7. RECORDING: Either party shall be entitled to record this OP?1ON TO PURCIiASH;
0
which recording shall serve as notice to all third parties of the rights granted herein 1
and the Terms and Conditions including events of termination herein set forth.
1
8. BINDING EFFECT: Except as here and above otherwise provided, this Agreement
shall Inure to the benefit of the Grantee, without rights of assignment, and shall blod
the Grantor herein and his successors and assigns and shall remain a burden upon he j
real property described herein unless terminated according to the provisions hereof.
li
iN TESTIMONY WHEREOF, the Grantor has hereunto sat to 4 ,mss "}
t ,day ,
of December, 1986. '�
1
./.. • a ... /.i/ . .. i
Walter Z.mm: • an, a . • .
Zimmc {:q ! :Wr 4
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I STATE OF MINNESOTA )
as.
COUNTY ON Ficnntpio )
On lids .11_ day of �,ed December, 1888 Later(' m personally a a Notary Public, within and for said
County, I Y p peared Walter Zimmerman, a /k /a Walter 11. Zimmerman, and
W. H. Zimmerman, a tingle person, to mo known to be the
executed the foregoing instrument and acknowlec ► Peron d uted e t In and who
tih free net and deed. thnl he executed the �clrnc as
1
Mary : Pu tai c
THIS I'NSTRUMI;NT WAS URANTRD 1lYt ,
I William J. •
Platto 4.1/ &LWI v�. •.
Platto 8 Associates ty : A. Sftrr uA4CN
1 218 Piro Street md4.11 hair, c'• . ce$uir
P.O. Box 257 wRtaNf COUNTY
Chaska, MN 55918 •..r•',•1i• « c.w.,41.1, 191:
xr. AT, A mr. enrm11ltMrt rrrw
1 612 /448-2005 ■
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I OFFICE OF COUNTY RECORDER '
STATE OF MINNESOTA
C 1 OUNTY OF CARVER 1
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T his is to certify that this document
was tiled in this office on the.Z! da �
o ' f M• .A. d O d c e d as 7-c-14 1 0o ument n ��- �c� -"ta
83 529
CARL W. HANSON JR.
Counly NKprOa
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TA N ADOON A 041,E .2, .." • PROPOSED ACQUISITION
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C.D. Doc. No. 113330
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