3h. Purchase Agreement, Lutheran Church of the Living Christ il
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CITY OF
II CHANHASSEN
I ,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
II MEMORAND l°
TO: Mayor and City Council
IFROM: Don Ashworth, City Manager
IIDATE: April 22, 1991
SUBJ: Lutheran Church of the Living Christ, Land Acquisition
II This acquisition dates back to 1988 and was necessitated as a part
of the construction of Lake Drive and Market Boulevard. The
acquisition was initiated when members of the Lutheran Church of
I the Living Christ attended the feasibility study meeting stating
that the proposed assessments against the church were beyond their
budget and not acceptable. Staff was instructed to work with the
I church in resolving this issue and to establish an assessment more
closely paralleling their financial position. The acquisition
accomplished that goal in that the church's total footage was
significantly reduced without impairing their ability to expand on
I the upper area. Additionally, the acquisition assures that the
northeast corner of Market Boulevard and Lake Drive stays in a
natural condition. [Note: Development of the corner may have been
II possible with setback/wetland variances. However, a mini 711 or
PDQ certainly would not be in character with the area. ] The
significant delay in finalizing this item recognizes that the
I property needed to be platted. That process was further delayed
when Roberts Automatic joined in the platting process to ensure
that some unusual lot lines that previously existed between the
church and Roberts could be straightened. Finally, the church
I itself desired to see certain delays to ensure that the final
assessment amount truly paralleled the initial estimates. As the
Council will recall, those assessments were placed in the fall of
I 1990. The past few months have been consumed in detail including
movement of signs, establishing the driveway easement, etc.
II This item is being presented to the City Council as the funding for
this is a part of the Lake Drive/Market Boulevard construction
project (Bonds of 1989) . Although the city issued the bonds and
will carry title to this property, actual payment will occur
II through the HRA.
Approval of authorizing the Mayor and City Manager to execute the
II proposed purchase agreement for a portion of the Lutheran Church of
the Living Christ's property as prepared by the City Attorney is
recommended.
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. R C :, =tt
Attorneys at Law
tt s va FEB 2 6 1991
Thomas J. Campbell
Roger N. Knutson CITY or
Thomas M. Scott (612)456-9539
Gary G. Fuchs Fax(612)456.9542
James R. Walston
Elliott B. Knetsch
Gregory D. Lewis February 25, 1991
Dennis J. Unger
' Ms. Jo Ann Olsen
Chanhassen City Hall
690 Coulter Drive, Box 147
' Chanhassen, Minnesota 55317
RE: Chanhassen/Lutheran Church of the Living Christ
Real Estate Transaction
Dear Jo Ann:
Enclosed for your review please find the revised purchase
agreement for the above referenced real estate transaction. Please
note the easement agreement (Exhibit "A" to the purchase agreement)
lacks a legal description for the location of the utility
transformer and lacks a specific location and design standards for
the sign. It would be preferable. to resolve the location and design
' issues prior to the execution of the purchase agreement. However,
the agreement may be signed and the descriptions can be added prior
to closing.
' If the agreement needs additional revisions, please advise.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS P .
BY:
James R. Walston
JRW:srn
Enclosure
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S Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan,.MN 55122
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REAL ESTATE PURCHASE AGREEMENT
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THIS AGREEMENT (the "Agreement") made and entered into this
day of , 1991, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, with offices at '
690 Coulter Drive, Chanhassen, Minnesota 55317 (referred to
herein as the "Buyer") , and the LUTHERAN CHURCH OF THE LIVING ,
CHRIST, a Minnesota non-profit religious corporation, 820 Lake
Drive East, Chanhassen, Minnesota 55317 (the "Seller") .
In consideration of the mutual covenants and agreements
herein, it is hereby mutually agreed by Seller and Buyer as
follows: • '
SECTION 1.
SALE AND PURCHASE OF LAND 1
1. 1) Seller shall sell to Buyer and Buyer shall purchase
from Seller, upon the terms and conditions hereof, the following '
property (all collectively referred to as the "subject
property") :
1.1. 1) The land in Carver County, Chanhassen (the
"City") , Minnesota, legally described as Outlot A,
Chanhassen Lakes Business Park Sixth Addition, together with,
all right, title, and interest in and to any roads or alleys
adjoining or servicing such land, rights-of-way, or
easements appurtenant thereto, and in and to any ditch,
water, or riparian rights and claims appurtenant thereto,
and to any unpaid award with respect thereto (the "Land") ;
1.1.2) Any improvements located on the Land;
1.1. 3) All rents, leases, contract rights, causes of 11
action, permits, licenses, and other rights relating to the
Land and Improvements (the "Contract Rights") ; and
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1. 1.4) All right, title, and interest of Seller in
and to any plans, specifications, surveys, studies, reports,
renderings, or drawings pertaining to the Land and
Improvements, including environmental, marketing and related
matters (the "Drawings") .
SECTION 2.
PURCHASE PRICE
2. 1) The purchase price for the subject property (the
"Purchase Price") is Thirty Thousand Eight Hundred Ninety and
11 00/100 Dollars ($30,890. 00) .
2.2) The Purchase Price shall be payable by Buyer to Seller
by check on the date of Closing.
SECTION 3.
TITLE MATTERS
3 . 1) Seller shall furnish to Buyer within twenty (20) days
hereof a current commitment for the issuance of a 1970 ALTA Form
B owner's policy of title insurance with a mechanic's lien
' endorsement (the issued by Title Company acceptable
to Buyer ("Title")) in the amount of the Purchase Price,
- committing to insure that Buyer will have good and marketable
title to the subject property, free of any and all standard and
other exceptions to title, except matters to which Buyer may
consent in writing.
3.2) In the event any exceptions shall show (or purport to
be shown) in the Commitment for title insurance, if the same
results from any voluntary action by the Seller, the Seller shall
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
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have the right to terminate this Agreement as the Buyer's sole
and exclusive remedy and Seller shall return Buyer's Earnest I
Money.
SECTION 4.
CLOSING
4 . 1) The closing (the "Closing") shall be at the Title ,
Company, and shall occur on or before , 1991 (the
"Closing Date") .
4. 2) On the Closing Date, Seller shall deliver to Buyer 1
possession of the subject property vacant and free of any and all
debris, and all personalty not included in the subject property. '
Until possession is delivered to Buyer, Seller shall keep and
maintain the subject property in a neat and orderly condition and
shall not alter or damage any part thereof. Seller shall not ,
remove any dirt, trees, shrubs, or other natural growth, except
as to keep the subject property in a neat and orderly condition. '
4. 3) On the Closing Date, Seller shall execute and deliver
to Buyer: 1
4. 3. 1) A warranty deed;
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;
4.3.3) A current abstract of title to the subject I
property if the subject property is abstract or the Owner's
Duplicate Certificate of Title if the subject property is
registered; 1
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4 . 3.4) An opinion of counsel to Seller to the effect
that the individuals executing this Agreement on Seller's
behalf have the power and right to execute this Agreement
and to perform the same;
11 4.3. 5) An opinion of counsel to Seller to the effect
that all necessary authority exists for Seller to sell the
subject property to Buyer.
' 4. 3.6) Execute an easement agreement with Buyer on
the form attached hereto as Exhibit "A".
4 .4) Seller shall pay at Closing any of the general real
estate taxes levied against the subject property due and payable
' in the year of Closing and prior years, together with any unpaid
installments of special assessments due therewith ("Taxes") , and
any Taxes deferred.
I4 . 5) Except as provided in Section 4 .4 above, Buyer shall •
assume all unpaid levied or pending special assessments 'against
' the subject property.
4 . 6) Seller shall pay at closing:
4 . 6. 1) state deed tax;
' 4.6.2) all costs of obtaining and updating the
abstract to the subject property;
P4. 6.3) recording fees for the easement agreement and
recording fees for corrective instruments, if required, to
place title in Buyer's name;
4.6.4) title insurance commitment fees, if any.
4.7) Buyer shall pay at closing:
r4.7.1) all recording charges and fees relating to the
filing of the Deed.
' 4.8) Seller and Buyer shall equally share the Closing fee
charged by the title company, if any.
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SECTION 5.
COVENANTS, REPRESENTATIONS, AND WARRANTIES
5. 1) Seller, as an inducement to Buyer to enter into this
Agreement, and as part of the consideration therefor, represents, 1
warrants, and covenants with Buyer and its successors and assigns
that:
5. 1.1) There are no leases, options, purchase
agreements, rights to redeem, tenancy agreements, or rights
of occupancy, written or verbal, and no person or party has,
or will have any rights of adverse possession, regarding the
subject property;
5. 1.2) Seller will maintain in force insurance
against public liability from such risk and to such limits
as in accordance with prudent business practice and suitable
to the subject property from the date hereof to the Closing
Date;
5. 1. 3) Neither Seller, nor, to the best of Seller's
knowledge, any entity or person has, at any time (i)
"released" dr 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 (ii)
taken any action in "response" to a "release" in connection
with the subject property; or (iii) 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, including the generating, transporting, treating,
storage, or manufacture of any Hazardous Substance (as
defined below) . The terms set within quotation marks above
shall have the meaning given to them in the Comprehensive
Environmental Response and Liability Act, 42 U.S.C. Sec.
9601 et seq. , as amended ("CERCLA") and any state environ-
mental laws. "Hazardous Substances" means hazardous waste,
toxic substances, formaldehyde, urea, polychlorinated
biphenyls, asbestos, petroleum, natural gas, synthetic gas
usable for fuel or mixtures thereof, any materials related
to any of the foregoing, and substances defined as
"hazardous substances", "toxic substances", "hazardous
waste", "pollutant", or "contaminant" in CERCLA, Resource
Conservation and Recovery Act as amended, 41 U.S.C. Sec.
9601 et seq. , the Hazardous Materials Transportation Act, 49
U.S.C. Sec. 1801 et seq. , the Clean Water Act, 33 U.S.C.
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Sec. 1251 et seq. , any state laws regarding environmental
matters, or any regulations promulgated pursuant to any of
the foregoing statutes;
5. 1.4) Neither Seller, nor, to the best of Seller's
knowledge, any entity or person has, at any time, installed,
used, or removed any underground storage tank on or in
connection with the subject property;
5. 1.5) 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. Seller
warrants that all statements set forth in the well
certificate are true, accurate, and complete to the best of
ISeller's knowledge.
5.2) The covenants, representations, and warranties set
rforth in this section shall be deemed to continue for Buyer and
its successors and assigns and shall survive any termination or
expiration of this Purchase Agreement or the giving of the Deed.
Further, all of Seller's covenants, representations and
warranties in this Agreement shall be true as of the date hereof
' (and shall be a condition precedent to the performance of Buyer's
obligations hereunder) and as of the Closing Date. 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.
SECTION 6.
MISCELLANEOUS
' 6.1) Seller hereby indemnifies Buyer for any claim, cost,
or damage related to any brokerage fee due because of this
' Agreement.
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6.2) Any notice, demand, or request which may be permitted,
required or desired to be given in connection herewith shall be I
in writing and sent by certified mail, hand delivery, overnight 1
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 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
with a copy of any notice to Buyer also delivered to Roger N. I
Knutson, Campbell, Knutson, Scott & Fuchs, P.A. , 3460 Washington
Drive, Suite 202, Eagan, Minnesota 55122 . '
6. 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.
6.4) 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.
6.5) This Agreement represents the entire agreement of the I
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 I
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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 unless the
Closing actually occurs, or to any notice under this Agreement;
or (b) 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.
6. 6) If Buyer defaults under any of the terms hereof, then
Seller 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.
6.7) 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
6 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.
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6.8) 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.
6.9) 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. '
6. 10) This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
personal representatives, successors and assigns. '
6. 11) This Agreement shall be construed in accordance with
the laws of the State of Minnesota. ,
6. 12) At Buyer's request, a memorandum of this Agreement
shall be executed by Buyer and Seller and filed of record in
Carver County, Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
BUYER: SELLER: ,
CITY OF CHANHASSEN LUTHERAN CHURCH OF THE LIVING
CHRIST 1
BY: BY:
Donald J. Chmiel, Mayor Its i
AND AND
Don Ashworth, City Manager Its
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STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1991, by Donald J. Chmiel, •Mayor,
and by Don Ashworth, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to authority granted by its City Council.
' NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1991, by and by
, the and
of the Lutheran Church of the Living Christ, a Minnesota non-
profit corporation, on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
(612) 456-9539
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GRANT OF PERMANENT EASEMENT
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INSTRUMENT made this day of , 1991, by and
between CITY OF CHANHASSEN, a Minnesota municipal corporation, as Grantor
(hereinafter referred to as "City") , and LUTHERAN CHURCH OF THE LIVING I
CHRIST, a Minnesota non-profit religious corporation, as grantee
(hereinafter referred to as "Church") . '
RECITALS ,
A. The City has purchased real property legally described as
Outlot A, Chanhassen Lakes Business Park Sixth Addition, Carver County, '
Minnesota, from the Church pursuant to the terms of that certain purchase
agreement dated , 1991, between the City and the Church. ,
B. In connection with the sale of said real property by the
Church to the City, the Church desires to reserve and maintain permanent II
easements over the property for the purposes described below. ,
C. The permanent easements described herein are acceptable to
the City. I
NOW, THEREFORE, the City, in consideration of good and valuable
consideration paid by the Church, the receipt and sufficiency of which is II
hereby acknowledged, hereby grants the Church permanent easements for the '
purpose described herein over, under, and across the real property
located in Carver County, Minnesota and legally described as Outlot A,
Chanhassen Lakes Business Park Sixth Addition ("subject property") .
I. 1
CONSERVATION EASEMENT
1. The City, its successors and assigns, agrees that the I
following are prohibited in perpetuity on the subject property:
EXHIBIT "A" I/
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A. Constructing, installing, or maintaining anything made
by man, including but not limited to buildings, structures,
' walkways, clothes line poles, and playground equipment.
B. Cutting, removing, or altering trees or other vegeta-
l! tion.
C. Excavation or filling.
' D. Application of fertilizers, whether natural or chemical.
E. Application of chemicals for the destruction or retard-
ation of vegetation.
' F. The deposit of waste or debris.
G. The application of herbicides, pesticides, and insect!-
, cides.
H. Outside storage of any kind.
I. Activity detrimental to the preservation of the scenic
beauty, vegetation, and wildlife.
2 . The City, its successors and assigns, further grants the
' Church the affirmative right, but not the obligation, to do the following
on the subject property:
A. Preserve, improve, and enhance the slope, trees, vegeta-
l' tion, and natural habitat.
B. Alter, clear, and remove trees or other vegetation.
1 C. Change the contour of the land.
D. Plant trees or other vegetation.
' E. Enter upon the subject property at any time to enforce
compliance with the terms of this instrument.
F. Allow limited public access to observe nature and wild-
life so long as such activity does not unduly disturb the
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privacy of the underlying fee owner and is consistent with the
purpose of the easement. '
3 . Notwithstanding the foregoing, the City may, in its sole
discretion, make the following improvements from time to time to the
premises: ,
A. Wetland improvements;
B. Street improvements; and
C. Sidewalk improvements.
II.
DRIVEWAY EASEMENT '
The City hereby grants the Church a 35.00 foot permanent
easement for driveway access purposes over, under, and across that ,
portion of the subject property described as follows:
%That part of Outlot A, CHANHASSEN LAKES BUSINESS PARK SIXTH
ADDITION, Carver County, Minnesota, lying 17.50 feet on each
side of a centerline described as commencing at the southeast
corner of said Outlot A; thence South 89 degrees 39 minutes 52
seconds West, assumed bearing, along the southerly line of said
Outlot A, a distance of 65.74 feet to the point of beginning of
the centerline to be described; thence North 0 degrees 20
minutes 08 seconds West, a distance of 12.63 feet; thence
northwesterly, a distance of 122.26 feet, along a tangential
curve, concave to the southwest, having a radius of 125.00 feet II
and a central angle of 56 degrees 02 minutes 17 seconds; thence
North 56 degrees 22 minutes 25 seconds West, tangent to said
curve, a distance of 50.00 feet and said centerline there II terminating. The sidelines of said easement are to be prolonged
or shortened to terminate at northwesterly line of said Outlot
A.
III.
UTILITY EASEMENT
The City hereby grants the Church a permanent easement for '
utility purposes over that portion of the subject property described as
follows:
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for the placement of one electrical transformer on the subject property.
The Church agrees to provide landscaping, at its own expense, to screen
the transformer.
IV.
BIGNAGE EASEMENT
The City hereby grants the Church a permanent easement for an
off premises directional sign to be located on the subject property. The
size and design of said sign, as well as its location shall, at all
times, be in accordance with the City's permit granting the use of the
premises for a sign.
This permanent easement shall include the rights of the Church,
its contractors, agents, servants, and assigns, to enter upon the
foregoing easement premises at all reasonable time to construct,
reconstruct, inspect, repair, and maintain said conservation, driveway
' access, utility, and signage systems over, across, on, under, and through
the easement premises.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
GRANTOR:
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
AND
Don Ashworth, City Manager
GRANTEE:
■ LUTHERAN CHURCH OF THE LIVING CHRIST
BY:
Its
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AND
Its
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STATE OF MINNESOTA )
( ss. 11 COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1991, by Donald J. Chmiel, Mayor and by Don
Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal II
corporation, in behalf of the corporation and pursuant to the authority
of the City Council.
NOTARY PUBLIC I
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1991, by and by
, the and
, of Lutheran Church of the Living Christ, a
Minnesota non-profit religious corporation, on its behalf. I
NOTARY PUBLIC ,
DRAFTED BY: ,
Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
(612) 456-9539
JRW I
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I l FIZMI .J'3F , NLrHIIII,L4I1 VI ur_r..
• WELL DISCLOSURE CERTIFICATE. - o
PLEASE TYPE ALL INFORMATION
0 A. PROPERTY SELLER INFORMATION
Seller' s last name , , , , • , , , , , , , , , , ,
IDate of closing the sale , I , , I , , Total number of wells I 1
M M D D Y Y
B. PROPERTY DESCRIPTION
IAttach a legal description of property in addition to the applicable property
information requested below.
I I I , , 1 I I I I I , I 1 I I I I I I I I I I I 1 I I ( I I I , I I 1 I , ,
House number Street name Type Direction
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I 1 , , , 1 / 1 1 , , 1 1 t , , I t 1 I , , t , 1 I ,-, t I I ,
City Zip code
If applicable.
It 1 t 1 1 I ( 1 1 1 , 1 1 , 1 I 1 I 1 I I I I , 1 I I I 1 I t
Addition name Block number Lot number
_1 C. PROPERTY BUYER INFORMATION
t , 1 , , t I I I , I 1 I ,J__,.. 1 t I I ( , I , , t I I , 1 I (,
I First name MI Last name ..
1 I 1 , 1 1 , 1 1 1 I , t 1 1 t 1 1 , 1 1 1 I 1 1 1 , 1 1 1 , 1 I I I I I I I I ,,
Company name if applicable
, 1 1 1 1 1 I I I I t I I I I I I I 1 I I 1 I I I I I I I I I I I I I I I I 1 1 1
Address
I I I I I I I 1 I I I I I I I I I I I , I I I I I I , I L I I I I I I I I , , ,
Address
:I , I , I , , I , , , , , , , , , , , , , , I , , I 1 1 1 1-1 1 1 1 1,
City State Zip code
I , , ,/I , , 1-, , 1 1 1
Phone number
D. CERTIFICATION BY SELLER
'II I certify that the information provided on this certificate is accurate and complete to the best of my knowledge.
Signature of Seller or Designated Representative of Seller Date
I E. CERTIFICATION BY BUYER
In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No
signature is required by the buyer if the seller has signed above.
I Based on disclosure information provided to me by the seller or other available information, I certify that the information provided above
is accurate and complete to the best of my knowledge.
•
ISignature of Buyer or Designated Representative of Buyer Date
F. CONTRACT FOR DEED PROPERTY TRANSFERS DEED ONLY
The buyer, or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all warranty deeds given in
I fulfillment of a contract for deed. If there are no known wells on the property, check the•box below.
0 I certify that I know of no wells on the property described herein.
1 Signature of Buyer or Designated Representative of Buyer Date
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• EXHIBIT "B"
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MINNESOTA DEPARTMENT OF HEAL1I,
WELL DISCLOSURE CERTIFICATE `
WELL INFORMATION
Fill out a separate form for each well located on the property. 11
A. WELL LOCATION
County , , , , , , , ,
, . , . . , , , , . , I . , .I , , ,■, . 1■, , ,■, I
Township name Quarter Quarter Quarter Quarter Section no. Township no. Range no.
B. WELL USE INFORMATION
1. , , , , Unique well number (if known). 2. , , , . Well depth (feet). II
3. , . , , , Year of construction. 4. , , I Wel 1 type (see instructions). 1
5. , . , , , , Permit number if current maintenance permit exists.
6. Well is: ❑ in use (1) ❑ not in use (2) ❑ sealed by licensed well contractor (3) t
Year well was sealed.
C. SKETCH MAP ,
Please use the space below to sketch the location of the well. Include distances frail
fixed reference points such as streets and buildings.
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Information provided on this form is classified as public information uncer Minnesota Statutes. Chapter 13.
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irWELL USE AND LOCATION INFORMATION
If Provide the following information for EACH WELL BEING DISCLOSED. Use a separate sheet for each well.
A. Well Location. Provide the county name, quartile (from the smallest to the largest), section number, township number,
and range number. Do not use directional indicators such as N, S. E, or W, for township or range numbers.
I8. Well Use Information.
1. Minnesota Unique Well Hunter. All new wells constructed AFTER January 1, 1975, should have been assigned a Minnesota
unique well number by the person constructing the well. If the well was constructed after this date you should have
I the unique well number in your property records. If you are unable to locate your unique well number and the well
was constructed AFTER January 1, 1975, contact your well contractor. If you are unable to obtain your unique well
number, leave blank.
2. Well Depth. Indicate the approximate depth of the well, to the best of your knowledge.
3. Year of Construction. Provide the approximate year of construction of the well, to the best of your knowledge.
4. Well Type. Use one of the following abbreviations to describe the well type for the current or most recent use of
the well.
IDO Domestic Well. Drinking water well used to supply private household needs. A domestic well may be a drive-
point wei , a drilled well, or a dug well.
II IR Irrigation Well. A nonpotable well used to irrigate agricultural lands. These are typically large diameter
wells connected to a large pressure distribution system.
PO Public Water Simply Well. A well providing drinking water for at least 15 service connections or 15 living
units, or serving at least 25 persons daily for at least 60 days of the year. Wells in this group include wells
Isupplying drinking water for large businesses and restaurants.
IN Industrial Well. A nonpotable well used to extract groundwater for any nonpotable industrial purpose. Well uses
include air conditioning, cooling, and groundwater thermal exchange.
II CO Commercial Well. A well providing drinking water for public consumption but serving less than 25 persons daily
for at least 60 days of the year. Includes wells for small businesses.
NW Monitorinc Well. A well used to measure groundwater levels and water quality.
IOT Other Well. Any well which is not included in the above categories.
5. Maintenance Permit Status. Provide the MDH maintenance permit number for this well if one exists.
II6. Well Use Status. Indicate the use status of each well. CHECK ONLY 1 BOX.
In Use - A well is in use" if the well is producing sufficient water to meet its intended use and is being operated
on a regular basis.
I Not In Use - A well is "not in use if the well is inoperable and not in use, or the well is disconnected from a
power supply and is not sealed.
I Sealed - A well is "sealed" if a licensed contractor has pumped grout material throughout the entire borehole after
removal of any obstructions from the well.
C. Sketch Map. Complete the sketch map as instructed.
IINOTE: If a well is inoperable and not in use or disconnected from a power source, it must
be SEALED by a licensed well contractor or a well owner must obtain a MAINTENANCE PERMIT
Ifrom the Minnesota Department of Health and pay an annual maintenance fee of $50.
Maintenance permits are not transferrable. If a well is operable and properly maintained,
a maintenance permit is not required.
Il If you have any questions, please contact the Minnesota Department of Health, Well
- Management Unit, at 627-5147 (metropolitan Minneapolis-St. Paul) or 1/800/383-9808
(greater Minnesota).
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11 INSTRUCTIONS FOR COMPLETING THE WELL DISC CERTIFICATE
STATUTORY REQUIREMENTS I
Minnesota Statutes. section 103I.235. require that a county recorder or registrar of titles may not record a deed or other
instrument of conveyance unless the deed or other instrument of conveyance either contains the statement "The Seller
certifies that the Seller does not know of any wells on the described real property" or is accompanied by a Well Disclosure
Certificate. A seller who fails to disclose the existence of a well at the time of sale and knew of, or had reason to know
of, the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fee
for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the
purchase of the real property where the well is located.
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DO YOU NEED TO COMPLETE THE WELL DISCLOSURE CERTIFICATE?
1. Are there any wells on the property?
2. Is this well disclosure certificate being completed at the closing of a contract for deed property transfer (i.e., a
warranty deed is being recorded)?
If you answered yes to either of the above questions, a well disclosure certificate must accompany the property deed at the
time of. recording the deed.
SPECIAL INSTRUCTIONS FOR CONTRACT FOR DEED PROPERTY TRANSFERS
RECORDING OF CONTRACT I
WELL(S) PRESENT A well disclosure certificate must accompany the contract for deed at the time the contract for deed
is recorded with the county recorder. The certificate may be signed by the seller, or a designated
• representative of the seller in part '0'; the buyer, or a designated representative of the buyer in _
part 'E.'
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HO WELL PRESENT Well disclosure certificate is not required, see "Statutory Requirements" above. I
RECORDING OF WARRANTY DEED GIVEN IN FULFILLMENT OF A CONTRACT FOR DEED
WELL(S) PRESENT A well disclosure certificate must accompany the warranty deed. The certificate must be signed by thI
buyer or designated representative of the buyer. Seller information need not be provided.
NO WELL PRESENT A well disclosure certificate must accompany the warranty deed. The certificate must be signed by th
buyer, or designated representative of the buyer, with the check box for no wells present marked in
part 'F.' Seller information need not be provided.
BUYER, SELLER, AND PROPERTY INFORMATION I
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A. Property Seller Information. Provide the seller last name (or company name. if seller is a company) and the date of
closing for this sale. Also provide the total number of wells being disclosed for this property transfer.
B. Property Description. Provide the house number. street name, street type (see below), street direction (N,S,E,W.NW,NE.
etc.), if applicable; city, and zip code; and, if applicable the addition name, block number. and lot number (for
example. White Pine Addition, block 4, lot 12). Also attach a complete legal description of the property. Use the
following abbreviations for street type.
Street ST Court CT State Highway SH Road RD
Avenue AV Circle CI U.S. Highway UH Terrace TE
Boulevard BL Trail TR Parkway PK Way WA
Lane LA County Road CR Place PL
C. Property Buyer Information. Be sure to include a complete mailing address. If the property buyer is a company. provi
complete company information in this section. If the property is jointly owned, provide the name of a contact person.
D. and E. Certification. The well disclosure certificate may be signed by either the buyer (or designated representative o�
the buyer) or the seller (or designated representative of the seller).
F. Contract for Deed Certification. See special instructions above.
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