1j Rt-of-Way Acquisition Offers
CITY OF
CHANBASSEN
Cily Center Drivt, PO Box 147
..nhI/SStn, Minntlota 55317
Phone 612.937.1900
;meral Fox 612.937.5739
. vjnmingFax612.937.9152
ilic Safety Fax 612.934.2524
ib www.ci.chanhilSStn.mn.us
MEMORANDUM
1-'
~
TO:
Scott Botcher, City Manager
Anita L. Benson, City Engineer J
February 7, 2000
FROM:
DATE:
SUBJ:
Approve Right-of-Way Acquisition Offers from MnDOT for Parcels
220A and 219 for the TH 5/W est 78th Street Improvement
Project No. 97-6
The Minnesota Department of Transportation presented offers for the above-
referenced City-owned parcels for pennanent right-of-way and temporary easement
acquisition needed for construction ofthe Trunk Highway 5/West 78th Street
Improvement Project. The monetary amount offered by the Minnesota Department of
Transportation is based on appraisals prepared by a qualified real estate appraiser.
The City of Chanhassen may have additional appraisals completed by a qualified
appraiser and is eligible for reimbursement of up to $500 per appraisal. The
following represents the amount of taking for each parcel and monetary compensation
offered.
Parcel 220A - New right-of-way acquisition in the amount of916 square feet at $1.31
per square foot for a total amount of$I,200. Temporary easement acquisition of
1,229 square feet at a rate of$.35 per square foot resulting in a total compensation
amount of $430. In summary, the total offered by the Minnesota Department of
Transportation for Parcel 220A is $1,630.
Parcel 219 - Pennanent right-of-way acquisition in the amount of 248,694 square feet
at $1.123 per square foot results in a total compensation amount of $279,400.
Temporary easement acquisition of27,691 square feet at a rate of$.274 per square
foot results in a total compensation amount of $7,600. The totãl compensation
amount for pennanent right-of-way acquisition and temporary easement acquisition
on Parcel 219 is $287,000.
The attached documentation has been forwarded to the City Attorney's office for
review. If the City Council chooses to accept the Minnesota Department of
Transportation's offers for Parcels 220A and 219, it will be necessary to approve the
attached draft resolution. Should the City Council choose to not accept the offers,
staff should be directed to proceed in having additional appraisals prepared for the
parcels.
Attachments: I.
2.
3.
Draft Resolution.
Offer for Parcel 219 and related documentation.
Offer for Parcel 220A and related documentation.
c: Roger Knutson, City Attorney
g:\eng\public\97 -6\approve row acq offers.doc
Citv of CballbllSSm. A {m}Win. communitv with clean lakes. .u./itv "hoob. . charmin. downtown. thrioin. hraines",. and beautifùl var/". A ",at o/aa to /i",. work. and olæ.
DRAFT
CITY OF CHANBASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
Februarv 14.2000
RESOLUTION NO:
MOTION BY:
SECONDED BY:
RESOLUTION APPROVING PERMANENT AND TEMPORARY RIGHT-OF-WAY
ACQUISITIONS TG'I'HEMINNESOTAOEPAR'I'MENT OF TRANSPORTATION FOR
THE TlI S/WEST 7STII STREET IMPROVEMENT PROJECT NO. 97-6
WHEREAS, the City ofChanhassen and the Minnesota Department of Transportation have
been working cooperatively for several years to bring about the improvements proposed with the
Highway 5fWest 78th Street Improvement Project, and
WHEREAS, in order to construct the proposed project, right-of-way must be acquired from
numerous parcels along the roadway alignment, and
WHEREAS, right-of-way acquisition parcels 220A and 219 are owned by the City of
Chanhassen, and
WHEREAS, the State of Minnesota has undertaken appraisals of the two parcels and
determined that the compensation for the parcels is as follows:
Parcel 120A: $1,630
Parcel 219: $287,000
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City of Chanhassen accepts
the offer of the State ofMinrn:sota to pay the sum of$l,ó30 for Parcel 220A and $287,000 for
Parcel 219 and that the Mayor and Clerk are authorized to sign instruments. of conveyance to
effectuate the transfer of these parcels to the State of Minnesota and the City Attorney and other
staff are authorized to take the necessary action to complete the transfer.
Passed and adopted by the Chanhassen City Council this day of 2000.
ATTEST:
Scott A. Botcher, City Manager
Nancy K. Mancino, Mayor
YES
NO
ABSENT
g:\eng\pubJic\97 -6\dr.itt\ -resolution.doc
·(~
---..-..---....----..-....,
MIøœsøta Department 01 TranspoI1aIion
Transportation Building
395 John Ireland Boulevard
Saint Paul, Minnesota 55155·1899
ooe)
612-296-3241
City of Olanhassen
Office of the Mayor
Chanhassen City Hall
690 Coulter Drive
Chanhassen. MN 55317
In reply referto: 7300
C.S. 1002 (5=121) 902IT56-204
County Carver
Par.ceI 220A - City of Chanhasssfl
Property Address:
.
The State of Minnesota through the Department of Transportation is acquiring
part of your property for the improvement of Trunk Highway NO.5. This
acquisition consists of permanent right of way and temporary easement. The
individual delivering this Jetter is a Real Estate Specialist representing the
Minnesota Department of Transportation. This individual will explain the
procedures involved in the acquisition process.
The monetary damage to your property due to this acquisition is $1,630.00, this
being the State's certified offer. This amount is based on an appraisal by a
qualified real estate appraiser(s). The monetary damage includes $1,200.00 for
real estate being acquired and $430.00 for loss in value to the remaining
property. Compensation for the temporary easement is included with the loss in
value to the remaining property.
Please be advised that lawfLlI owners and/or occupants of the property on the
date of this offer may be entitled to relocation assistance and payments in
accordance with Federal and State laws.
It is important you read the infof111ation provided in the purchase packet. It will
help you to understand your rights during the acquisition process and assist you
in making sound decisions.
An pnl ..::af nnnnrtl !nit\! ~.............
Page 2
--------.--.. .
As the acquisition of your property proceeds, you will undoubtedly have additional
questions. Please direct them to the Mn/DOT representative who submitted this
offer.
Sincerely,
o
~?-r
Merritt Linzie, Director
Office of Land Management
Package Contents:
"Guide for Property Owners· Booklet
Legal Description describing acquisition
Offer to Sell and Memorandum of Conditions (reference copy)
Conveyance Instrument (reference copy if applicable)
"Relocation Assistance" Booklet (if applicable)
Appraisal Reimbursement Claim Form
R47106G.R1W
._ .__·_____..H ___n.___
OT 25189 (1-77)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
,
I CLAIM FOR APPRAISAl FFES RFIMRLJR~EMENT I '"
FOR STATE USE ONLY
Vendor No. Approved Amount $ .
Name Citv of Chanhassen Approved .
Acq. Engr. of Land Management
C.S.1002 (5=121\ 902 *T56-204 Approved
Relo. Mgr.
Fed No. State Funds County Carver Date Application Approved
Par. No. 220A Owner City of Chanhassen Mail Check To:
Address
City
Type of Acquisition
DESCRIPTION OF PROPERTY
Residential 0
Commercial 0
Farm 0
Vacant Land 0
IMPORTANT: SUBMIT WITHIN
90 DAYS OF ACQUISITION
NAME AND ADDRESS OF QUALIFIED APPRAISER
'lame of Appraiser
"ddress City
'IOTE: Receipt from above-named aooraiser must accomoanv this form.
:he undersigned, do hereby certify that the above information is true and correct, and that the appraiser's receipts attached her,
.curately represent the costs incurred. I further certify that I have not submitted any other claim for reimbursement of, or receiv.
'mpensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will resuit
denial.
3i1 Claim To: Dated Day of 19_
. );lr~:11cnt of T;·:~:¡$portatioi1
Aelro Area Relocation Office Signature
.. 500 W County Road B2
1 :eville. MN 55113-3105
Phone: (651) 582-1262
An/!)
.. -.--...- -~..
November 29, 1999
1002220A902
FEE ACQUISITION
Parcel220A C.S. 1002 (5=121) 902
S.P. 1002-61
All of the following:
That part of Outlot A, CHANHASSEN LAKES BUSINESS PARK, shown
as Parcel 220A on Minnesota Department of Transportation Right of Way
Plat Numbered 10-10 as the same is on file and of record in the office of
the Registrar of Titles in and for Carver County, Minnesota; the title
thereto being registered as evidenced by Certificate of Title No. 14049;
together with other rights as set forth below, forming and being part of said Parcel
220A:
Access:
All right of access as shown on said plat by the access control symbol.
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to
said Parcel 220A by the temporary easement symbol, said easement shall
cease on December 1, 2005, or on such earlier date upon which the
Commissioner of Transportation determines by formal order that it is no
longer needed for highway purposes.
OIOI.I:.~I.-I..............a"'
RECOMMENDED fOR Al'PKOVAl
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
OFFER TO SELL AND
MEMORANDUM OF CONDITIONS
Supervisor of Direct Purchase
APPROVED
Dy
C.S.: 1002 (5= 121) 902
Parcel: 220A
County: Carver
Owner and address: City of Chanhassen, Chanhassen City Hall, 690 Coulter Drive, Chanhassen, MN
55317:
For a valuable consideration, on this
owners hereby offer to sell and convey
day of , the undersigned
to the State of Minnesota for a total consideration of
Dollars ($ ) 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, aoo have conditionally delivered the same to the State of
Minnesota, which instrument shall have no efti.,~t until and unless this ofter to sell and convey is accepted in
writing by the Office of Land Management of the Minnesota Department of Transportation within
days from tbe date of this otTer. Such notice of acceptance shall be by certified mail directed to the address
appearing aner 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 aner the
date of :.\cceptance. The owner shall have the right to continue to occupy the property or to rent same to the
present occupants 01' others until the date of tïdl\Ster of possession. Any change in occupancy sh.1I1 be suhjecl
to approval and concurrence by the State. On or before the date for transter 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
eftects then::from and have all utilities (if any) shut off by the supplier of same. No huildings <lppUnellilllces or
other non-personal items or tixtures will be removed from the premises by the owners or renters, including
plumhing aruJ hei.ltil1g fixtures, etc. The owners shall notify the Department of Tnmsportatiol1 ,IS soon <IS Ihe
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 tbe propeny 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 aeceptance subjcct
to conditions hereinafter stated.
(3) Buildings (if any) on said real estate shall be insured by the owncrs against loss hy tire and windstorm
in the amount of present coverage or if none in force then in an amount not less Ihan the current markcl v<lluc
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.
~¡,1MPLE COP~
(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 Minncsota. Thc amount paid by the State of Minnesota to satisfy
said mOl"tgage(s) shall he deducted from the amount to be paid to the owners under the terms of this agreement.
TIle amount paid hy the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s)
10 date that paymenl is made 10 the mortgage holder.
(5) If the State of Minnesota is acquiring only a minor pnrtion 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.
111e mortgage holder will he included as a payee along with the owners on the check drawn in payment for the
property. Any fee charged hy 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 estale taxes, whether deferred or not,
which are a lien against the property. Current taxes shall include those payable ill tile calelldar year ill 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' obligalion to pay deferred taxes and assessments shall
continue aneT the sale and shall not merge with the delivery .and acceptance of the deed.
(7) Ifencumbrances, mechanics liens or other items intervene before the date the instrument of conveyance
is presented for recording and same are not satisfied or acknowledged hy the owners as to validity and amount
and payment thereof authorized by the owners, said instrument of conveyance shall he returned to the owners.
(8) Payment to the owners shall be made in the due course of the State's business aftcr 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 he made of any part of the consideration tor said sale until marketahle tille is found
to be in Ihe owners and until said insfrument of conveyance has been recorded.
(10) TIle owners herehy acknowledge receipt of a copy of the instrument of conveyance exccuted hy them
on this dale. and a copy of this offer and memorandum.
(II) It is underslood that unless otherwise hereinafter staled thc State acquires all appurtenances belonging
to the premises including:
OWNERS: CITY OF CHANIIASSEN
By
Its Mayor
And
Its Clerk
(Address of Owner where acceptance is to be mailed.)
~T D<rlk.cel
"~NESOTA DEPARTMENT OF TRANSPORTATION
j
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OWNER CIty of Chanhassen
NW 1/'1 SEC 1'1 T II" R 1.3
PARCEL NO. 220A
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QUITCLAIM DEED
STATE DEED TAX DUE HEREON: $
C.S. 1002 (5=121) 902
Parcel 220A
County of Carver
Date:
For and in consideration of the sum of
Dollars ($ ),
City of Chanhassen, a municipal corporation under 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 Outlot A, CHANHASSEN LAKES BUSINESS PARK, shown as
Parcel 220A on Minnesota Department of Transportation Right of Way Plat
Numbered 10-10 as the same Is on file and of record in the office of the
Registrar of Titles in and for Carver County, Minnesota; the title thereto being
registered as evidenced by Certificate of Title No. 14049;
together with other rights as set forth below, fonning and being part of said Parcel 220A:
Access:
All right of access as shown on said plat by the access control symbol.
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said
Parcel 220A by the temporary easement symbol, said easement shall cease on
December 1, 2005, or on such earlier date upon which the Commissioner of
Transportation detennines by formal order that it Is no longer needed for
highway purposes.
together with all hereditaments and appurtenances belonging thereto.
Check box If applicable:
o The Seller certllles 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.
Page 1 of2
CITY OF CHANHASSEN
By
Its Mayor
And
Its Clerk
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 stale 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. Legal and
Real Estate Conveyance Unit,
SI. Paul, Minnesota 55155
R46937G.12W
Send tax statements to Grantee:
State of Minnesota
Department of Transportation
Mallstop 631 (DP)
395 John Ireland Blvd.
St Paul MN 55155
Page 2 of2
--. ..._- -.._'--,.._.,----~--_.__.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
INCIDENTAL EXPENSE CLAIM
Vendor No.
FOR STATE USE ONLY
Name CiIY of Chanhassen
Approved Amount $
C.S. 1002 (5=1211 902 "T56-204
Fed No. state Funds
Par. No. 220A
County Carver
Owner CiIY of Chanhassen
Approved
Relo. Mgr.
Address
Approved
Purchasing Agent
(Date
City
Type of Acquisition
Instruçtlon on Reverse Side
~ CLAIM FOR INCIDENTAL EXPENSES ON
RANSFER
A. Service Fee Charged by Mortgagee $
for Partial Release of Mortgage
B. Pre-payment Penatty charged by $
Mortgagee
C. Abstract Costs (Optional-see $
explanation on back of form)
D. Court Costs $
TOTAL COSTS $
I, the undersigned, do hereby certify that the above information is 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 portJon of this claim will result in its denial.
Dated
BEFORE YOU MAIL THIS CLAIM,
PLEASE READ BELOW.
Signature
Have you enclosed proper receipts where the need
for such receipt is indicated in the instructions
on the reverse of this form?
Address to which reimbursement check should be mailed:
Have you signed this claim form and indicated the
the address to which you wish the reimbursement check?
INSTRUCTIONS FOR FlUNG OF CLAIM
] A. SERVICE FEES CHARGED BY MORTGAGEE FOR A PARTIAL RELEASE OF MORTGAGE
You are eligible to be reimbursed upon submittal of a receipt from your mortgagee for this payment. If the mortgagee
did not furnish you with such a receipt, you may submit other evidence, such as your cancelled check along with a copy
of the letter from your mortgagee requesting payment of this fee.
] B. PRE-PAYMENT PENALTY CHARGED BY MORTGAGEE
You are eligible to be reimbursed in the amount which your mortgagee states you were charged as Pre-payment
Penalty. No further proof of this payment is required from you.
] C. ABSTRACT COSTS (Optional)
WE EMPHASIZE THAT THIS PARTICULAR ITEM IS ENTIRELY OPTIONAL. IT IS NO~ REQUIRED BY THE STATE
THAT YOU INCUR ANY EXPENSES WHATSOEVER. IT IS ONLY IF YOU WISH TO H_ VE YOUR PROPERTY
ABSTRACT UP-DATED TO SHOW THE STATE'S ACQUISITION THAT THESE INSTRUCTIONS APPLY.
(You are eligible to be reimbursed for only that cost of an abstrect continuation which Is attributable to the
State's acauisitiont
You cannot be reimbursed by the State for: (1) the entry on your abstract of any transfer which took place before or
after the transfer to the State; (2) Abstractor's Certificate; (3) Tax Certificates; (4) Lien or Judgement searches.
It is likelY that the abstract cost reimbursement will be considerable less than the total cost that you will incur.
SDeciallnstructions
To qualify for this reimbursement, you must take or send your property abstract to a Registered Abstractor or to the
Office of the Register of Deeds in the County where the affected property is located. The property abstract may then
be brought up to date by the Abstractor or Register of Deeds. When the Abstractor or the Register of Deeds has been
paid for his services, he should be asked to issue a receipt which includes a comDletelv itemized breakdown of the
total fee charoed. The breakdown must indicate what Dortion of the fee is attributable to addina of those entries which
deal with onlv the State's acauisition.
IF YOU DECIDE TO FOREGO THE UP-DATING OF THE ABSTRACT. AND THEREBY WAIV~ YOUR ELIGIBILITY
TO REIMBURSEMENT FOR THIS ITEM. PLEASE INDICATE BY WRITING IN INK THE WOR_ 'NONE' AND YOUR
INITIALS IN THE BLANK OPPOSITE ITEM 'C' ON THE CLAIM FORM. SUCH A WAIVER WILL HAVE NO EFFECT
WHATEVER ON YOUR ELIGIBILITY TO BE REIMBURSED FOR OTHER EXPENSES YOU MAY HAVE INCURRED.
IF ANY.
] D. COURT COSTS
You are eligible to be reimbursed (upon presentation of an itemized receipted bilQ for expenses incurred, including
reasonable attorney's fees, for obtaining a court-approved agreement for a guardian or conservator to sell to the state
under M.S. §525.67 and the guardian's or conservator's deed.
-to;
.. .-. ---.-...."-----'--.
Minnesota Department of Transportation
Transportation Building
395 John Ireland Boulevard
Saint Paul, Minnesota 55155·1899
Date:~
612-296-3241
City of Chanhassen
Office of the Mayor
Chanhassen City Hall
690 Coulter Drive
Chanhassen, MN 55317
In reply refer to: 7300
C.S. 1002 (5=121) 902 *T56-204
County Carver
Parcel 219 - City of Chanhassen
Property Address:
The State of Minnesota through the Department of Transportation is acquiring
part of your property for the improvement of Trunk Highway NO.5. This
acquisition consists of permanent right of way and temporary easement. The
individual delivering this letter is a Real Estate Specialist representing the
Minnesota Department of Transportation. This individual will explain the
procedures involved in the acquisition process.
The monetary damage to your property due to this acquisition is $287,000.00,
this being the State's certified offer. This amount is based on an appraisal by a
qualified real estate appraiser(s). The monetary damage includes $279,400.00
for real estate being acquired and $7,600.00 for loss in value to the remaining
property. Compensation for the temporary easement is included with the loss in
value to the remaining property.
Please be advised that lawful owners and/or occupants of the property on the
date of this offer may be entitled to relocation assistance and payments in
accordance with Federal and State Jaws.
It is important you read the information provided in the purchase packet. It will
help you to understand your rights during the acquisition process and assist you
in making sound decisions.
An eOIJAJ nnnnrt ¡nitll p,mn!rwClr
Page 2
----.----.---
As the acquisition of your property proceeds; you will undoubtedly have additional
questions. Please direct them to the Mn/DOT representative who submitted this
offer.
Sincerely,
.i4
__ .t ..
P?J~y~f/ ;r
Merritt Linzie, Director
Office of Land Management
Package Contents:
·Guide for Property Owners· Booklet
Legal Description describing acquisition
Offer to Sell and Memorandum of Conditions (reference copy)
Conveyance Instrument (reference copy if applicable)
·Relocation Assistance· Booklet (if applicable)
Appraisal Reimbursement Claim Form
R47096G.R1W
n _ __ _._..___.._.._.,._._. _..
Mn/DOT 25189 (1-77)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
CLAIM FOR APPRAI~AI FFEf; REIMRURSFMFNT
FOR STATE USE ONLY
Approved Amount $
Approved
Vendor No.
Name Cltv of Chanhassen
Acq. Engr. of Land Management
C.S. 1002 (5=1211 902 'T56-204
Fed No. State Funds County Carver
Par. No. 219 Owner City of Chanhassen
Address
Approved
Relo. Mgr.
Date Application Approved
Mail Check To:
City
Type of Acquisition
DESCRIPTION OF PROPERTY
Residential 0
Commercial 0
Fann 0
Vacant Land 0
IMPORTANT: SUBMIT WITHIN
90 DAYS OF ACQUISITION
NAME AND ADDRESS OF QUALIFIED APPRAISER
Name of Appraiser
Address
City
NOTE: Recei t from above·named a raiser must accom n this form.
I. the undersigned, do hereby certify that the above information is true and correct, and that the appraiser's receipts attached I
accurately represent the costs incurred. I further certify that I have not submitted any other claim for reimbursement of. or rec
compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will res
Its deniaL
Mail Claim To:
_oepartment of Transportation Dated
MctnJ Area Relocation Offico .
1500 W County Ro.cI B2 . Signature
Roseville, MN 55113-:n05
Phoue; (651) 582-1262' .'
Day of
19_
fß
9Ø1
November 29, 1999
1002219.902
FEE ACQUISITION
Parcel 219 C.S. 1002 (5=121) 902
S.P. 1002-61
All of the following:
That part of the Southwest Quarter of the Southwest Quarter of Section
11, Township 116 North, Range 23 West, shown as Parcel 219 on
Minnesota Department of Transportation Right of Way Plat Numbered
10-10 as the same is on file and of record in the office of the County
Recorder in and for Carver County, Minnesota;
containing 5.71 acres, more or less;
together with other rights as set forth below, forming and being part of said Parcel 219:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to
said Parcel 219 by the temporary easement symbol, said easement shall
cease on December 1, 2005, or on such earlier date upon which the
Commissioner of Transportation determines by formal order that it is no
longer needed for highway purposes.
011".01 I"""¡ 1oI......_t2..'
RECOMMENDED FOR APPROVAL
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
OFFER TO SELL AND
MEMORANDUM OF CONDITIONS
Supervisor of Direct Purchase
APPROVED
By
C.S.: 1002 (5=121) 902
Parcel: 219
County: Carver
Owner and address: City of ChaDhassen, ChaDhassen City Hall, 690 Coulter Drive, Chanhassen, MN
55317:
For a valuable consideration, on this day of . the undersigncd
owners hereby offer to sell and convey to the State of Minnesota for a total consideration or
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 Omce of Land Management ofthe Minnesota Department o!"Transportal.ion within
days from the date of this offer. Such notice of acceptance shall be by certitied mail directed 10 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:
(I) Possession of the real eslate shalllransfer to the Slate 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 bl: subject
to approval and concurrence by the State. On or before the datc 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
effeCIS Iherefrom and haw all utilities (if any) shut off by the supplier of same. No buildings "ppurtenances or
olher non-personal items or fixtures will be removed from Ihe premises by the owners or renlers, 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 OCCUPólllCY and
will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or
demolition of Ihe improvements on the property shall have the right of entry for inspection purposes during the
last to days of possession by the owners.
(2) Title 10 said real eslate shall pass 10 Ihe Slate of Minnesota as of the date of said acceptance subject
to conditions hereinafter slated.
(3) Buildings (if any) on said real estate shall be insured by the owners against loss by tire and windstorm
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.
!~ r '\r~1 P, pe~U..
'. .~L~U·E..t.; tJ;;IR ·
(4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) on the
property shall he 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 terms of this agreement.
The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgagc(s)
to dale 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 me a licn against the property. The owners' obligation to pay deferred taxes and assessments shall
continue aftcr 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 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 marketahle title is found
to be in the owners and untit said instrument of conveyance has been recorded.
(10) The owners herehy acknowledge receipt of a copy of the instrument of conveyance executed by them
on this date. and a copy of this offer and memorandum.
(II) it is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging
to the premises including:
OWNERS: CITY OF CHANHASSEN
ßy
Its Mayor
And
its Clerk
(Address of Owner where acceptance is to be mailed.)
QUITCLAIM DEED
STATE DEED TAX DUE HEREON: $
C.S. 1002 (5=121) 902
Parcel 219
County of Carver
Date:
For and in consideration of the sum of
Dollars ($ ),
City of Chanhassen, a municipal corporation under 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 Southwest Quarter of the Southwest Quarter of Section 11,
Township 116 North, Range 23 West, shown as Parcel 219 on Minnesota
Department of Transportation Right of Way Plat Numbered 10-10 as the same
is on file and of record in the office of the County Recorder in and for Carver
County, Minnesota;
containing 5.71 acres, more or less;
together with other rights as set forth below, forming and being part of said Parcel 219:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said
Parcel 219 by the temporary easement symbol, said easement shall cease on
December 1, 2005, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for
highway purposes.
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.
Page 1 of 2
CITY OF CHANHASSEN
By
Its Mayor
And
Its Clerk
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 PUBUC
My Commission Expires:
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Legal and
Real Estate Conveyance Unit,
S!. Paul, Minnesota 55155
R46938G.12W
Send lax statements to Grantee:
State of Minnesota
Department of Transportation
Mailstop 631 (DP)
395 John Ireland Blvd.
St Paul MN 55155
Page 2 of 2
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INNESOTA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY PARCEL LAYOUT
S.P. 1002-61<5=1211 902 COUNTY Carver
OWNER (Citv of Chanhassen Lake Ann Park)
SW 'I.. SEC 11 T 116 R 23
PARCEL NO.
Scate I' =
219
300 ft.
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"'!Ift'll
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
INCIDENTAL EXPENSE CLAIM
Vendor No.
FOR STATE USE ONLY
Name Citv of Charihassen
C.S. 1002 (5=121) 902 '756-204
Approved Amount $
Fed No. State Funds County Carver
Par. No. 219 Owner Citv of Chanhassen
Approved
Relo. Mgr.
Address
Approved
Purchasing Agent
(Da1
City
Type of Acquisition
Instruction on Reverse Side
~ CLAIM FOR INCIDENTAL EXPENSES ON
ANSFER
A. Service Fee Charged by Mortgagee $
for Partial Release of Mortgage
B. Pre-payment Penalty charged by $
Mortgagee
C. Abstract Costs (Optional-see $
explanation on back of form)
D. Court Costs $
TOTAL COSTS $
I. the undersigned, do hereby certify that the above information is correct, and that any receipts or statements attached heret,
accurately represent the expenses incurred. I further certify that I have not submitted any other claim for reimbursement of, (
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.
BEFORE YOU MAIL THIS CLAIM,
PLEASE READ BELOW_
Dated
Have you enclosed proper receipts where the need
for such receipt is indicated in the instructions
on the reverse of this form?
Signature
Address to which reimbursement check should be mailed:
Have you signed this claim form and indicated the
the address to which you wish the reimbursement check?
INSTRUCTIONS FOR FlUNG OF CLAIM
o A. SERVICE FEES CHARGED BY MORTGAGEE FOR A PARTIAL RELEASE OF MORTGAGE
You are eligible to be reimbursed upon submittal of a receipt from your mortgagee for this payment. If the mortgagee
did not fumish you with such a receipt, you may submit other evidence, such as your cancelled check along with a copy
of the letter from your mortgagee requesting payment of this fee.
o B. PRE-PAYMENT PENAl TV CHARGED BY MORTGAGEE
You are eligible to be reimbursed in the amount which your mortgagee states you were charged as Pre-payment
Penalty. No further proof of this payment is required from you.
o C. ABSTRACT COSTS (Optional)
WE EMPHASIZE THAT THIS PARTICULAR ITEM IS ENTIRELY OPTIONAL. IT IS NOT REQUIRE~ BY THE STATE
THAT YOU INCUR ANY EXPENSES WHATSOEVER. IT IS ONLY IF YOU WISH TO HAVE YOUR, ROPERTY
ABSTRACT UP-DATED TO SHOW THE STATE'S ACQUISITION THAT THESE INSTRUCTIONS APPLY.
(You are eligible to be reimbursed for only that cost of an abstract continuation which is attributable to the
State's acauisitlon).
You cannot be reimbursed by the State for: (1) the entry on your abstract of any transfer which took place before or
after the transferto .the State; (2) Abstractor's Certificate; (3) Tax Certificates; (4) Lien or Judgement searches.
It is likelv that the abstract cost reimbursement will be considerable less than the total cost that you will incur.
SDeciallnstructions
To qualify for this reimbursement, you must take or send your property abstract to a Registered Abstractor orto the
Office of the Register of Deeds in the County where the affected property is located. The property abstract may then
be brought up to date by the Abstractor or Register of Deeds. When the Abstractor or the Register of Deeds has been
paid for his services, he should be asked to issue a receipt which includes a comDletelv itemized breakdown of the
total fee charaed. The breakdown must indicate what Dortion of the fee is attributable to addina of those entries which
deal with onlv the State's acauisition.
IF YOU DECIDE TO FOREGO THE UP-DATING OFTHE ABSTRACT. AND THEREBY WAIVE YOUR ELIGIBILITY
TO REIMBURSEMENT FOR THIS ITEM. PLEASE INDICATE BY WRITING IN INK THE WORD 'NONE' AND YOUR
INITIALS IN THE BLANK OPPOSITE ITEM 'C' ON THE CLAIM FORM. SUCH A WAIVER WILL HAVE NO EFFECT
WHATEVER ON YOUR ELIGIBILITY TO BE REIMBURSED FOR OTHER EXPENSES YOU MAY HAVE INCURRED.
IF ANY.
:J D_ COURT COSTS
You are eligible to be reimbursed (upon presentation of an itemized receipted bilO for expenses incurred, including
reasonable attomey's fees, for obtaining a court-approved agreement for a guardian or conservator to sell to the state
under M.S. §525.67 and the guardian's or conservator's deed.