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1f Bandimere Land Sale CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone 9522271160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.2271120 Fax: 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952227.1110 Web Site www.ci.chanhassen.mn.us ~ MEMORANDUM TO: 1'1 '!; Todd Gerhardt, City Manager ~~. r FROM: Todd Hoffman, Park and Recreation Director DA TE: January 18,2005 " RE: Approve Sale of 0.05 Acres of Bandimere Community Park to the State of Minnesota for Construction of Trunk Highway 312 r BACKGROUND " ~ I< The State of Minnesota, through the Department of Transportation (MN/DOT), is in the process of constructing Trunk Highway 312. A small portion of Bandimere Community Park is being acquired by the State of Minnesota as a part of this project. The sliver of land, located in the northwestern comer of the park, is needed to accommodate the widening and improvement of Great Plains Boulevard. The land being acquired is referred to as parcel 70D. This acquisition will have no negative effects on the operation of the park. An acquisition appraisal was included in the correspondence forwarded by the Department of Transportation. The land being acquired was appraised at $3,500. Three spruce trees also being acquired were appraised at $1,350. This brings the State's total certified offer to $4,850.00. ~ !' RECOMMEND A TION Staff recommends that the City Council approve the attached "offer to sell and memorandum of conditions" governing the sale of 0.05 acres of real estate to the State of Minnesota for the total compensation of $4,850.00 and direct the Mayor and City Manager to sign and execute any necessary documents. Since this action involves the disposition of City owned property, a two-thirds majority (four votes) is needed for approval. ATTACHMENTS 1. 2. 3. 4. 5. Letter from Khani Sahebjam, MnDOT Legal Description Location Map Appraisal Fees Reimbursement Claim Offer to Sell and Memorandum of Conditions The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. f(~~IIEISO"" \ '" ; t !? ~OFTRP."<¡; Minnesota Department of Transportation ~ f I I Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 Date: id--/ J "rIJo('4 City of Chanhassen Mr. Bruce Dejong Finance Director 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 . ~ f i I t In reply refer to: C. S. 1017 902 County: Carver Parcel: 70D Property Address: 93XX Great Plains Blvd. The State of Minnesota, through the Department of Transportation (Mn/DOT), is in the process of construction of Trunk Highway 312 . Part of your property is affected by this acquisition and the State'~ total certified offer is $4,850.00 for highway improvements. The State's certified appraisal ( duplicate) is included with this letter. $1,350.00 represents the cost to cure for trees and the loss in value to the remaining property. i¡ ~ I I The amount of the real estate being acquired is $3,500.00. Please be advised that lawful owners and/or occupants of the property on the date of this offer may be entitled to relocation assistance/payments in accordance with Federal and State laws. J f I I It is important that you read the information provided in the purchase packet. It will help you to understand your rights during the acquisition process and also to assist you in making sound decisions. As the acquisition of your property proceeds, you will undoubtedly have additional questions. Please direct them to the Mn/DOT Representative Tony Robey 651-582-1478 who submitted this offer. An equal opportunity employer r: f t f r [ L ~ Package Contents: "Guide for Property Owners" Booklet Legal Description describing acquisition State's certified appraisal duplicate (Minimum Damage Acquisition Valuation if applicable) Offer to Sell and Memorandum of Conditions (reference copy if applicable) Conveyance Instrument (reference copy if applicable) Appraisal Reimbursement Claim Form - I I (r' ~. ~. I; I I f ~ September 29, 2004 1017070D.902 P.v.H. FEE ACQUISITION ~ Parcel lOD C.S. 1017(~12=260)902 S.P. 1017-12 All of the following: That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West, shown as Parcel 70D on Minnesota Department of Transportation Right of Way Plat Numbered 10- 19 as the same is on file and of record in the office of the County Recorder in and for Carver County, Minnesota; , . containing 0.05 acre, more or less. I ~ ~ f: J I I f, ~ t CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION APPROVING THE SALE OF 0.05 ACRES OF BANDIMERE COMMUNITY PARK TO THE STATE OF MINNESOTA FOR CONSTRUCTION OF TRUNK IDGHW A Y 312 WHEREAS, the State of Minnesota, through the Department of Transportation (MnDOT), is in the process of constructing Highway 312, and WHEREAS, a small portion of Bandimere Community Park needs to be acquired by MnDOT to accommodate this construction, and WHEREAS, this acquisition will have no negative effects on the operation of the park. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the sale of 0.05 acres of real estate, as depicted on the attached map, to the State of Minnesota for the total compensation of $4,850.00 and directs the Mayor and City Manager to sign and execute any necessary documents to effectuate this sale. Passed and adopted by the Chanhassen City Council this day of January 2004. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT p iii' In/DOT porsk. ce I !R1~@[M]'iF @[f Wfj fA Y! [pJ fA!R1©~[L [LfA Y!@Ql)'iF ~.\~..."~~ Þ(~c ~ .. ~,. ~~. I I nes 8< d i mens ions. .,",~ INNESOTA DEPARTMENT OF TRANSPORTATION ·opographlc Information required: ,how north arrow. Proposed R/W line 8< access taking. Out I ine 8< location of buildIngs 8< improvements. Lot Streets or highway frontage. C. S. 1017(312=260)902 S. P. 1017-12 COUNTY Carver OWNER CIty of Chanhassen PARCEL NO. 700 Scale I" = 200 ft. ~ \ \~ \ '~ \ \~ , f'r \'i \ \ I.E. PAR. 71D~ I I' I I : 2-+ " ~ ., T.E. PAR. 71A . ~ \ ~ . -' , w , ~ : a.. 70C" PARCEL 71B ---------. --------- PARCEL 71A I.E. PAR. 71B PARCH 700 APPROX. CIL (AFFECTED AREA) ..~ SW//4 - SW//4 ~~ I I , I , I I I I I I SW¡/4 Layout sketch by BK Date 7/22/04 Parcel No. 700 Minnesota Department of Transportation APPRAISAL FEES REIMBURSEMENT CLAIM o Advance Claim 0 Partial Claim o Final Claim FOR OFFICIAL USE ONLY Payeee: City of Chanhassen FOR OFFICIAL USE ONLY Approved Amount: District: Metro Artemis S.P.:1017-12 Parcel: 70D Approved by: CS: Fed. # Owner: Address: City 1017(312=260)902 C.ID.: County: Carver City of Chanhassen 93XX Great Pia ins Bivd. Chanhassen MN T59854 Date Application Approved: Mail Check to: 55317 TAX ID NUMBERS FOR OFFICIAL USE ONLY Fed Tax ID/SS Number: Vendor Number: State Tax ID Number: NAME AND ADDRESS OF QUALIFIED APPRAISER Name of Appraiser: MN License #: Address: City: State: Zip: I, the undersigned, do hereby certify that the above infonnation is true and correct, and that any receipts or statements attached hereto accurately represent the expenses incurred. I further certifY that I have not submitted any other claim for reimbursement of, or have received compensation or reimbursement for, any expense in connection with this claim. I understand that any falsification of any portion of this claim will result in its denial. MAIL CLAIM TO: Date: Name (print): Signature: Telephone: Comment: f I ~ .w- Metro DMsion R;aIIt of Way (IZ-oZ) RECOMMENDED FOR APPROVAL STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supervisor of Direct Purchase OFFER TO SELL AND APPROVED MEMORANDUM OF CONDITIONS By C.S.: 1017 (312=260) 902 Parcel: 70D County: Carver Owner and address: CityofChanhassen, Chanhassen City Hall, 7700 Market Blvd., P.O. 147, Chanhassen, MN 55317-0147; For a valuable consideration, on this day of , the undersigned owners hereby _ offer to sell and convey to the State of Minnesota for a total consideration of ) '.\.... "'. .."., .., Dollars ($ ) a fee simple title to the real estate or an interest therein situated in Carver County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Minnesota Department of Transportation within days from the date of this offer. Such notice of acceptance shall be by certified mail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State days after the date of acceptance. The owner shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut offby the supplier of same. No buildings appurtenances or other non-personal iteins ot"tÎifûÏiis'\Vitf be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's,prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and windstonn in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. (4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under the tenns of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the property. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The owners= obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance ofthe deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authoriz:ed by the owners, said instrument of ëonveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: '.~'- ,-. .,."...... '1','. OWNERS: CITY OF CHANHASSEN BY: ITS: MAYOR AND: ITS: CLERK (Address of Owner where acceptance is to be mailed.)