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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Todd Gerhardt, City Manager
Paul Oehme, City EngineerlDir. of Public Works <:.(. t!).
February 18,2005
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
FROM:
DATE:
Mministration
Phone 952.227.1100
Fax 9522271110
SUBJ:
Approve Quit Claim Deed with MnDOT for City-Acquired RALF
Property - Project No. 03-09
Building Inspections
Phone 952.227.1180
Fax 952.227.1190
Engineering
Phone 952.221.1160
Fax 952.227.1170
REQUESTED ACTION
Approve Quit Claim Deed with MnDOT for City acquired RALF property.
Finance
Phone 952.227.1140
Fax 952.2271110
DISCUSSION
Public Works
1591 Park Road
Phone 952.227.1300
Fax 952.227.1310
In 1995, the City of Chanhassen received a Metropolitan Council Right-of-Way
Acquisition Loan (RALF) from a highway preservation fund. The RALF funds
were dedicated for the preservation of right-of-way for highway purposes. The
loan purchased two parcels along the TH 212 corridor as shown on the attached
exhibit. The loan agreement included the eventual sale of the acquired properties
to MnDOT at the purchase price when TH 212 was to be built. The terms of the
loan did not include any interest the City would need to pay. The agreement did
not include any cost for appreciation of the parcels. MnDOT has requested these
parcels be transferred to MnDOT ownership at this time. After the Quit Claim
Deed has been approved, MnDOT will reimburse the City for the cost of the
parcels and administration costs. When the City receives payment from MnDOT,
the City will be required to reimburse the Metropolitan Council for the purchase
price of the parcels. Staff has reviewed the administrative cost offer and finds it
acceptable. The City Attorney has reviewed the document and finds it
satisfactory.
Park & Racraalion
Phone 952.2271120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.2271400
Fax 952.227.1404
Planning &
Nalural Resources
Phone 952.2271130
Fax 952.2271110
Senior Cenler
Phone 952.227.1125
Fax 952.227.1110
Staff recommends Council "Approve Quit Claim Deed with MnDOT for City
acquired RALF Property",
Web Sile
wwwci.chanhassen.mn.us
Attachments: 1. Resolution
2. Exhibit B
3. Quit Claim Deed
c: Anthony Robey - MnDOT
Jon Chiglo - MnDOT
G:\ENG\TH 3 12\ROWl02I 8054cJ RALF 212 bkg.Joc
The City 01 Chanhassen . A growing community with clean lakes, quality schools. a charming downtown. thriving businesses, winding trails, and beautltul parks. A great place to live, work, and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Date:
Resolution:
-
.-.
Motion By:
Seconded By:
RESOLUTION DISPENSING WITH STATUTORY
REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION
OF DISPOSAL OF REAL PROPERTY
WHEREAS, the City of Chanhassen ("City") is proposing to dispose of property legally
described in the attached Exhibit "A," ("Subject Property") under the terms of the proposed Offer to
Sell and Memorandum of Conditions between the State of Minnesota ("Buyer") and the City,
provided under MnDOT letter dated February 7, 2005 to the Chanhassen City Engineer regarding
MnDOT Parcel 73 - City of Chanhassen ("Memorandum of Understanding"); and
WHEREAS, Minn. Stat. § 462.356, Subd. 2 requires that the Planning Commission review
the City's proposed disposal of real property for compliance with the comprehensive plan and to
report to the City Council in writing its findings; and
WHEREAS, Minn. Stat. § 462.356, Subd. 2 provides for an exception from the
requirement for review by the Planning Commission upon 2/3 vote of the City Council dispensing
with the requirement and finding that the disposal of the real property has no relationship to the
comprehensive municipal plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CHANHASSEN, MINNESOTA:
1. The City Council finds that the disposal of the Subject Property under the Memorandum
of Conditions has no relationship to the comprehensive municipal plan.
2. Review by the Planning Commission of the disposal of the Subject Property is hereby
dispensed with, the proposed transaction is hereby approved, and the Mayor and City Clerk are
authorized and directed to execute all documents, and take an appropriate measures to dispose of
the Subject Property under the terms of the Memorandum of Conditions.
89428
G: \ENG\TH 312\ROW\docs-# 116787 - v 1 ¥fes_chanhassen_mndot_sale_oCproperty .DOC
·
Passed and adopted by the Chanhassen City Council this
day of
ATTEST:
,2005.
..
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
'., ....
89428
G: \ENG\ TH 312\ROW\docs-# 116787.. v 1-re$_ chanhassell_mndot_sale_oCproperty. DOC
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ABSENT
..-
EXHIBIT "AI!
Legal Description of Subject Property:
All of the following:
That part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116 North,
Range 23 West, and the Southeast Quarter of the Southeast Quarter of Section 13, Township 116
North, Range 23 West, and Outlot A, NORTH BAY, shown as Parcel 73 on Minnesota Department
of Transportation Right-of-Way Plat Numbered 10-17 as the same is on file and of record in the
office of the County Recorder in and for Carver County, Minnesota;
Containing 26.51 acres, more or less, in the unplatted portion thereof;
Together with other rights as set forth below, forming and being part of the Parcel 73.
89428
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QUITCLAIM DEED
.
STATE DEED TAX DUE HEREON: $
C.S.1017(312=260)902
Parcel 73
County of Carver
Date:
For and in consideration of the sum of \1... D ,~\ 'I. \ \ 'L \, ',Ir o.;¿ ~\0ve,(
-\\'I¡ (J d (j d:~'-J. <Z \,LL'"\ u- l ',,, '- ':IA ~ I. '1/¡¡¡(I Dollars ($.;)110:51 ~C(_l 'i ),
City of Chanhassen, a municipal corporation und r the laws of the state of Minnesota,
Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in
Carver County, Minnesota, described as follows:
All of the following:
.
That part of the Northeast Quarter of the Northeast Quarter of Section 24, Township -
116 North, Range 23 West, and'the Southeast Quarter of the Southeast Quarter of
Section 13, Township 116 North, Range 23 West, and Outlot A, NORTH BAY, shown
as Parcel 73 on Minnesota Department of Transportation Right of Way Plat Numbered
10-17 as the same is on file and of record in the office of the County Recorder in and
for Carver County, Minnesota;
containing 26.51 acres, more or less, in the unplatted portion thereof;
together with other rights as set forth below, forming and being part of said Parcel 73:
Access:
Ail right of access as shown on said plat by the access control symbol.
together with all hereditaments and appurtenances belonging thereto.
Check box if applicable:
o The Seller certifies that the seller does not know of any wells on the described real
property.
o A well disclosure certificate accompanies this document.
o I am familiar with the property described in this instrument and i certify that the status
and number of wells on the described real property have not changed since the last
previously filed well disclosure certificate.
.
CITY OF CHANHASSEN
By
Its Mayor
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And
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Its Clerk
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Page 1 of 2
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STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, , by and
, the Mayor and the Clerk of City of Chanhassen, a
municipal corporation under the laws of the state of Minnesota, on behalf of the municipal
corporation.
.
.-
NOTARY PUBliC
My Commission Expires:
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Metro Right of Way,
Rosevilie, Minnesota 55113
Send tax statements to Grantee:
State of Minnesota
Department of Transportation
Metro Right of Way
1500 W. County Rd. 82
Roseville, MN 55113
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M<Iro Divisi"" R;¡¡ !I "rWay (12-02) 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: 73
County: Carver
.
Owner and address: City ofChanhassen, Chanhassen City Hall, 7700 Market Blvd., P.O. Box 147,
Chanhassen, MN 55317-0147; .
,'.
For a valuable consideration, on this day of " the undersigned
_ . own..~~s ~ereby _offer to sell and ponyey to teState of M~nnes?ta for , q~I}Sid~r~tion o~ j
\ kú ,\\.., \ \ 'G\\ \klr~..¿ ~.~. r\ire~\\ Ir~e \ '-OUr tfJ l ç, '-, l Ii' ",l~" /\.1 \\t-.e'~ I y/(¡()
Dollars ($~I~O~ ~<6Gj. \ ~ ) a fee simple title to the real estate or an interest therein situated in Carver County,
Minnesota, descHbed in the copy of the instrument of conveyance hereto attached.
The undersigned parties have this day executed an instrument for the conveyance ofthe 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 ofthe Minnesota Department of Transportation within c:¡ C days from the
date of this offer. Such notice of acceptance shaH 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 shaH 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 ofthe real estate shaH transfer to the State 0 \". r 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 shaH 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 off by the supplier of same. No buildings appurtenances or other non-personal
items or fixtures will 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 shan have the right of entry for inspection purposes during the last 10 days of possession by the owners.
(2) Title to said real estate shaH 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 shaH be insured by the owners against loss by fire and windstonn in
the amount of present coverage or ifnone in force then in an amount not less than the current market value during
the entire period of the owners' occupancy ofthe 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 aU 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 mortgagees) shall be deducted from the amount to be paid to the owners under the terms of this agreement. The
amount paid by the State of Minnesota to satisfy the mortgagees) shaH include interest on the mortgagees) 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 shan 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 an current real estate taxes, whether deferred or not,
which are a lien against the property. Current taxes shaH include those payable in the calendar year in which
this document is dated. The owners will also pay in full any special assessments, whether defeITed or not, which
are a lien against the property. The owners:::: obligation to pay defem.':d taxes and assessments shall continue after
the sale and shall not merge with the delivery and acceptance of the 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 authorized by the owners, said instrument of conveyance shan 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 aU 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.
(l0) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on
this date, and a copy oftrus offer and memorandum.
. (11) It is understood that unle s otherwise hereinafter stated the State acquires all appurtenances belonging to
the premises including: l L e \ ( - U v ~ e.
OWNERS: CITY OF CHANHASSEN
BY:
ITS: MAYOR
AND:
ITS: CLERK
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