4. Sale of Lotus Lawn & Garden to Redmond Products 1 4.
i CITYOF
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690 COULTER D RI VE• P.O..O 8 X 147• CHANHASSEN,WEEISOcftyTAAd55.3,1tra7tvt
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(612)937-1900•FAX(612)937-5739
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MEMORANDUM Re3:�E, �._.
De, /240-1 °
TO: Don Ashworth, City Manager Pete Saner s: s =,Iss,z
IFROM: Todd Gerhardt, Asst. City Manager ei: - -s al y_!.hr
12-10 -gO
DATE: December 6, 1990
IISUBJ: Public Hearing for the Sale of Land to Redmond Products
IThe City Council, at their November 5, 1990, meeting, approved the
sale price regarding the holding ponds to Redmond Products, Inc. •
I However, under state statutes, the City Council must hold a public
hearing when transferring ownership of municipally owned lands. In
this case, the City of Chanhassen is selling approximately 3 acres
to Redmond Products, Inc. , in the amount of $86,500 and the
I conditions as outlined in the Real Estate Transfer Agreement dated
November 19, 1990 (Attachment 41) . `.
II Notice of the public hearing was published in the Chanhassen
Villager on November 26, and December), 1990 (Attachment #2) .
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RECOMMENDATION
IIStaff would recommend that the City Council consider approval of
the attached resolution (Attachment #3)",;authorizing the sale of
II land to Redmond Products, Inc. in accordance with terms and
conditions of the Real Estate Transfer Agreement.
IIATTACHMENTS -- - ,L2. .2' ,w k ,,:. �% - �
1. Real Estate Transfer Agreement.
2. Public hearing notice.-„ A°
.�;.
II3. Resolution Authorizing the Sail'v• 'land.•
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REAL ESTATE TRANSFER AGREEMENT
THIS AGREEMENT (the "Agreement") made and entered into this
1 day of , 1990, 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 "City") , and REDMOND PRODUCTS, INC. , a Minnesota
11 corporation, with offices at 13980 West 78th Street, Chanhassen,
I Minnesota 55317 ("Redmond") .
In consideration of the mutual covenants and agreements
' herein, and of the consideration (as defined herein) paid by
Redmond, the receipt and sufficiency of which are hereby
tacknowledged, it is hereby mutually agreed by City and Redmond as
follows:
SECTION 1.
TRANSFER OF REAL ESTATE
' 1.1) City shall transfer to Redmond, upon the terms and
' conditions hereof, the following real property (all collectively
referred to as the "subject property") :
' 1.1.1) The land in Carver and Hennepin Counties,
Chanhassen, Minnesota, legally described on Exhibit "A" to
be attached hereto and incorporated herein, 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; and
1.1.3) All rents, leases, contract rights, causes of
action, permits, licenses, and other rights relating to the
Land and Improvements (the "Contract Rights") .
11 /19/90
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SECTION 2.
CONSIDERATION
2.1) City hereby acknowledges receipt of the sum of Five 1
Thousand and 00/100 Dollars ($5,000.00) by check as Earnest
Money, to be deposited by City upon acceptance of this Agreement 1
by all parties. The subject property to be transferred to Redmond
cannot be developed or built on in any fashion because the City 1
will reserve a permanent easement over, under, and across the
subject property for the ponding of storm water run off. The City
acquired the subject property in 1988 for Thirty-five Thousand I
and 00/100 Dollars ($35,000.00) . The City is willing to transfer
ownership of the subject property to Redmond subject to a ,
permanent ponding easement in favor of the City. Redmond believes
that it is a captive buyer, but nonetheless it is willing to pay
Thirty-five Thousand and 00/100 Dollars ($35,000.00) for the '
subject property and to make an additional payment in the form of
a donation to the City in the amount of Fifty-one Thousand Five I
Hundred and 00/100 Dollars ($51,500.00) . The foregoing sums shall
be paid as follows: 1
2.1.1) $5,000.00 earnest money paid upon execution
hereof;
2.1.2) $30,000.00 in cash for the subject property,
plus $51,500.00 cash donation, each being payable in full ■
on or before the date of Closing by certified funds or ■
wire transfers.
SECTION 3. 1
TITLE MATTERS
3.1) City shall furnish to Redmond within twenty (20) days 1
hereof a current commitment for the issuance of a 1970 ALTA Form
B owner's policy of title insurance, as currently amended (the 1
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11 "Commitment") issued by Title Company acceptable to Redmond in
the amount of the purchase price, committing to insure that
Redmond 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 Redmond may consent in writing.
' 3.2) In the event any exceptions are listed in the
Commitment for title insurance, if the same results from any
1 voluntary action by the City, the City shall promptly cause the
exception to be removed. With regard to any other exceptions, if
' the City fails to remove the same within the time allowed for
closing on the subject property, the Redmond shall have the right
to terminate this Agreement as the Redmond's sole and exclusive
remedy and City shall return Redmond's Earnest Money.
SECTION 4.
' CLOSING
4.1) The closing (the "Closing") shall be at a location
designated by the parties, and shall occur within sixty (60) days
after the execution of this agreement (the "Closing Date") .
4.2) On the Closing Date, City shall deliver to Redmond
possession of the subject property.
4.3) On the Closing Date, City shall execute and deliver to
1 Redmond:
4.3.1) A duly executed warranty deed, free from any
encumbrances, except for a permanent ponding easement in
favor of the City over, under, and across the subject
property; and
' 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 City, and no labor has or materials
have been furnished to the subject property for which
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payment has not been made, and that to the best of City's
knowledge there are no unrecorded interests relating to the
subject property.
4.4) The general real estate taxes levied against the
subject property due and payable in the year of Closing shall be
prorated between City and Redmond. City shall pay at Closing all
the general real estate taxes, if any, levied against the subject 1
property due and payable for all prior years, together with any
unpaid installments of special assessments due therewith I
("Taxes") , and any Taxes deferred.
4.5) Except as provided in Section 4.4 above, Redmond shall ,
assume all unpaid levied or pending special assessments against I
the subject property.
4.6) City shall pay at Closing: '
4.6.1) state deed tax;
4.6.2) all costs of obtaining and updating the I
abstract to the subject property, including name searches,
tax searches, bankruptcy searches, and property inspection
fees; and
4.6.3) recording fees for corrective instruments
required to place title in Redmond's name. 1
4.7) Redmond shall pay at Closing:
4.7.1) all recording fees and charges relating to the
filing of the deed; and
4.7.2) title insurance commitment fees and premiums. I
4.8) City and Redmond shall equally share the Closing fee
charged by the title company. I
4.9) On the Closing Date, Redmond shall execute and deliver
to City a permanent ponding easement in the form attached hereto
as Exhibit "C". ,
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SECTION 5.
COVENANTS, REPRESENTATIONS, AND WARRANTIES OF CITY
5.1) City, as an inducement for Redmond to enter into this
Agreement, and as part of the consideration therefor, represents,
warrants, and covenants with Redmond 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) City 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 City, nor, to the best of City's
' knowledge, any entity or person has, at any time (i)
"released" or 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
City or Redmond 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. § 9601
' et seq. , as amended ("CERCLA") and any state environmental
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. § 9601
et seq. , the Hazardous Materials Transportation Act, 49
' U.S.C. § 1801 et seq. , the Clean Water Act, 33 U.S.C. § 1251
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et seq. , any state laws regarding environmental matters, or
any regulations promulgated pursuant to any of the foregoing
statutes;
5.1.4) The City agrees to hold Redmond harmless from 11
any and all claims for the removal or cleanup of hazardous
substances, as defined herein, deposited through ordinary
drainage flow on or upon the subject property by parties
other than Redmond, its employees and agents, during the
time the City has had water ponding rights or easements to
the subject property. This provision shall survive Closing
and shall inure to the benefit of Redmond, its successors
and assigns.
5.1.5) Neither City, nor, to the best of City's I
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; I
5.1.6) As part of this agreement, City shall execute
the well disclosure certificate attached hereto as Exhibit
"B". City shall deliver the well certificate to Redmond on
the date of execution of this agreement. City warrants that
all statements set forth in the well certificate are true,
accurate, and complete to the best of City's knowledge.
5.2) The covenants, representations, and warranties
contained in Section 5 shall be deemed to benefit Redmond and its I
successors and assigns and shall survive any termination or
expiration of this Purchase Agreement or the giving of the Deed.
All of City'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 Redmond's obligations '
hereunder) and as of the Closing Date. If Redmond discovers that
any such covenant, representation, or warranty is not true,
Redmond may elect prior to closing, in addition to any of its I
other rights and remedies, to cancel this Agreement and all
Earnest Money and accrued interest thereon will be immediately 1
refunded to it by City, or Redmond may postpone the Closing Date 11 up to ninety (90) days to allow time for correction.
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SECTION 6.
REDMOND'S COVENANTS AND INDEMNIFICATIONS
' 6.1) Redmond hereby indemnifies and holds the City harmless
from and against any loss, damage, liens, costs, or other
liability associated with the entry upon the subject property or
the inspection thereof by Redmond, its licensees, invitees, or
contractors.
6.2) Redmond acknowledges the City is making no
' representation or warranty with respect to:
' 6.2.1) the tax treatment of the transfer described
herein; or
6.2.2) any tax benefits which may accrue to Redmond as
a result of the transfer described herein.
6.3) Redmond acknowledges the City will reserve a permanent
Iponding easement over the subject property. Redmond's use of the
subject property shall not interfere with such permanent ponding
easement.
' SECTION 7.
MISCELLANEOUS
7.1) The covenants and representations made by City and
Redmond shall survive the Closing of this transaction.
7.2) Any notice, demand, or request which may be permitted,
required or desired to be given in connection herewith shall be
in writing and sent by certified mail, hand delivery, overnight
' mail service such as Federal Express, or Western Union telegram
or other form of telegraphic communication, directed to City or
' Redmond. 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 City or Redmond at the
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applicable address stated on the first page of this Agreement I
with a copy of any notice to City also delivered to Roger N.
Knutson, Campbell, Knutson, Scott & Fuchs, P.A. , 3460 Washington '
Drive, Suite 202, Eagan, Minnesota 55122, and a copy of any
notice to Redmond also delivered to Michael J. Mollerus, Suite ,
1900, 7900 Xerxes Avenue South, Bloomington, Minnesota 55431.
7.3) 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. ,
7.4) 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. ,
7.5) This Agreement represents the entire agreement of the
parties with respect to the subject property and all prior I
agreements, understandings, or negotiations between the parties I
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
contemporaneous written agreements. This Agreement may not be ,
changed, modified or rescinded, except by a written agreement
signed by both parties hereto.
7.6) If Redmond defaults under any of the terms hereof, ,
then City shall retain the Earnest Money and shall have the
right, in addition to whatever other remedies are available to '
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City at law or in equity, including without limitation, specific
performance, damages, including attorney's fees, to cancellation
of this Agreement.
7.7) If City 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 City's representations, covenants, and warranties in Section 5
' hereof, then Redmond shall have the right, in addition to
whatever other remedies are available to Redmond at law or in
equity, including without limitation, specific performance,
damages, including attorney's fees, to cancellation of this
IAgreement. On such cancellation, City shall deliver to Redmond
all Earnest Money.
7.8) 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.
7.9) 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.
7.10) This Agreement shall inure to the benefit of and be
' binding upon the parties hereto and their respective heirs,
1 personal representatives, successors and assigns.
7.11) This Agreement shall be construed in accordance with
the laws of the State of Minnesota.
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7.12) At Redmond's request, a memorandum of this Agreement I
shall be executed by Redmond and City and filed of record in
Carver and Hennepin Counties, Minnesota. I
IN WITNESS WHEREOF, the parties hereto have executed this 1
Agreement as of the day and year first above written.
CITY OF CHANHASSEN REDMOND PRODUCTS, INC. 11
BY: BY: ,
Donald J. Chmiel, Mayor Its
AND I
Don Ashworth, City Manager
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STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , 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. I
NOTARY PUBLIC ,
STATE OF MINNESOTA )
( ss.
COUNTY OF ) ,
The foregoing instrument was acknowledged before me this
day of , 19 , by
the of Redmond Products, Inc. a Minnesota
corporation, on its behalf.
NOTARY
OTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
3460 Washington Drive, Suite 202
Eagan, Minnesota 55122
(612) 456-9539
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EXHIBIT "Au
to
REAL ESTATE TRANSFER AGREEMENT
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY:
i
That part of Tract C, Registered Land Survey No. 59, files.of
' Registrar of Titles, County of Carver, which lies North of a line
drawn East perpendicular to the West line of said Tract C from a
point thereon distant 103.00 feet South, as measured along said
West line from the Northwest corner of said Tract C.
' That part of the following described:
' The West 149 feet of that part of the Southwest Quarter of
Section 7, Township 116 North, Range 22 West of the 5th
Principal Meridian, lying Southerly of the right-of-way of the
11 Chicago, Milwaukee, and St. Paul Railway;
which lies North of a line drawn East perpendicular to the West
line of Tract C, Registered Land Survey No. 59, files of Registrar
' of Titles, County of Carver, from a point thereon distant 103.00
feet South, as measured along said West line from the Northwest
corner of said Tract C.
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MINNESOTA DEPARTMENT OF HEALTH
aM WELL DISCLOSURE CERTIFICATE
PLEASE TYPE ALL INFORMATION
A. PROPERTY SELLER INFORMATION
Seller's last name , I , , , , , , , , , , , , , ,
Date of closing the sale 'MIM�D�DIY�Y Total number of wells ,
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B. PROPERTY DESCRIPTION
Attach a legal description of property in addition to the applicable property I
information requested below.
House number Street name Type Direction
City Zip code
If applicable.
I I I I I I ,
Addition name Block number Lot number
C. PROPERTY BUYER INFORMATION
First name MI Last name
I I I , , I I I I I , I I I I I I I I I I I I I I I I I I I I I I ., I I I I I I I
Company name if applicable
Address
111
Address
I I I I I I I I I , I I I , I I , I I I I I I 7.1-1-1— L
City State Zip code
I
. Phone number
D. CERTIFICATION BY SELLER
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
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.
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.
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Signature of Buyer or Designated Representative of Buyer pate
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
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.
Signature of Buyer or Designated Representative of Buyer Date '
EXHIBIT "B" I
11 MINNESOTA DEPARTMENT OF HEALTH
WELL DISCLOSURE CERTIFICATE o�
WELL INFORMATION
IIFill out a separate form for each well located on the property.
A. WELL LOCATION
County , , , , , , , , , , , , , , ,
, , ,
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).
3. , , , , , Year of construction. 4. , , Well type (see instructions).
5. , , , , , , , Permit number if current maintenance permit exists.
6. Well is: ❑ in use (1) ❑ not in use (2) ❑ sealed by licensed well contractor (3)
, Year well was sealed.
I. C. SKETCH MAP
Please use the space below to sketch the location of the well. Include distances from
fixed reference points such as streets and buildings.
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Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13.
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WELL USE AND LOCATION INFORMATION I
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.
B. Well Use Information.
1. Minnesota Unique Well Number. 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
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.
DO Domestic Well. Drinking water well used to supply private household needs. A domestic well may be a drive-
point well, a drilled well, or a dug well.
IR Irriaation Well. A nonpotable well used to irrigate agricultural lands. These are typically large diameter
wells connected to a large pressure distribution system.
PU Public Water Supply 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
supplying 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.
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 Monitoring Well. A well used to measure groundwater levels and water quality.
OT Other Well. Any well which is not included in the above categories. '
5. Maintenance Permit Status. Provide the MOH maintenance permit number for this well if one exists.
6. Well Use Status. Indicate the use status of each well. CHECK ONLY I 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.
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.
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 Nap. Complete the sketch map as instructed.
NOTE: If a well is inoperable and not in use or disconnected from a power source, it must II
be SEALED by a licensed well contractor or a well owner must obtain a MAINTENANCE PERMIT
from 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, II
a maintenance permit is not required.
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 DISCLOSURE 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 fees
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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IIDO YOU NEED TO COMPLETE THE WELL DISCLOSURE CERTIFICATE?
1. Are there any wells on the property?
I 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
I time of recording the deed.
SPECIAL INSTRUCTIONS FOR CONTRACT FOR DEED PROPERTY TRANSFERS
IRECORDING OF CONTRACT
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
I representative of the seller in part '0'; the buyer, or a designated representative of the buyer in
part 'E.'
NO WELL PRESENT Well disclosure certificate is not required, see "Statutory Requirements" above.
IIRECORDING 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 the
I buyer or designated representative of the buyer. Seller information need rot be provided.
A well disclosure certificate must accompany the warranty deed. The certificate must be signed by the
buyer, or designated representative of the buyer, with the check box for no wells present marked in
Ipart 'F.' Seller information need not be provided.
BUYER, SELLER, AND PROPERTY INFORMATION
I 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,
I 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.
I 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
I C. Property Buyer Information. Be sure to include a complete mailing address. If the property buyer is a company, provide
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 of
1 the buyer) or the seller (or designated representative of the seller).
F. Contract for Deed Certification. See special instructions above.
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GRANT OF PERMANENT EASEMENT I
REDMOND PRODUCTS, INC. , a Minnesota corporation, hereinafter 1
referred to as "Grantor", in consideration of One Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of II
which is hereby acknowledged, does hereby grant unto the CITY OF I
CHANHASSEN, a municipal corporation organized under the laws of the
State of Minnesota, the Grantee, hereinafter referred to as the '
"City", it successors and assigns, forever, a permanent easement for
public ponding purposes over, across, on under, and through land 1
situated within the Counties of Carver and Hennepin, State of
Minnesota as described on the attached Exhibit "A".
INCLUDING the rights of the City, its contractors, agents, '
servants and assigns, to enter upon the easement premises at all
reasonable times to construct, reconstruct, inspect, repair and i
maintain said public ponding systems over, across, on, under and
through the easement premises, together with the right to grade,
level, fill, drain, pave and excavate the easement premises, and the '
further right to remove trees, bushes, undergrowth and other
obstructions interfering with the location, construction and 1
maintenance of said public ponding systems.
The above named Grantor, for itself, its successors and assigns I
does covenant with the City, its successors and assigns, that it is
well seized in fee title of the above described easement premises and
that it has the sole right to grant and convey the easement to the ,
City.
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EXHIBIT "C"
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IN TESTIMONY WHEREOF, the Grantor hereto has signed this
Agreement the day and year first above written.
GRANTOR:
REDMOND PRODUCTS, INC.
BY:
Its
STATE OF MINNESOTA )
ss.
1 COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1990, by the
' of Redmond Products, Inc. , a Minnesota corporation,
on its behalf.
Notary Public
1
DRAFTED BY:
1 Campbell, Knutson, Scott
& Fuchs, P.A.
3460 Washington Drive, Suite 202
' Eagan, Minnesota 55122
(612) 456-9539
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PROPOSED PONDING �'
'' - i'- i' PROPOSED PONDING - I BY OTHERS 1 —. )a it
.��. '.. - , .' (BY OTHERS) •• . I r
.'.' ` �� - ri PROPOSED BOTTOM ELEV. 931.50 '
.. , - . PROPOSED BOTTOM ELEV.' 931 _
\"I�Y1G 934JB • =_ ' EXISTING
- - ,, - '' ( ( NOTE: CONTRACTOR SHALL
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� WHERE A MINIMUM COVER i
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11
NOTICE OF PUBLIC HEARING
CHANHASSEN CITY COUNCIL
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen City Council
will hold a public hearing on Monday, December 10, 1990, at 7:30
p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter
Drive. The purpose of this hearing concerns the disposal of a
certain tract of land, to wit:
That part of Tract C, Registered Land Survey No. 59, files
' of Registrar of Titles, County of Carver, which lies North of a
line drawn East perpendicular to the West line of said Tract C
from a point thereon distant 103.00 feet South, as measured along
said West line from the Northwest corner of said Tract C.
That part of the following described:
The West 149 feet of that part of the Southwest Quarter of
Section 7, Township 116 North, Range 22 West of the 5th
Principal Meridian, lying Southerly of the right-of-way of
the Chicago, Milwaukee and St. Paul Railway;
which lies North of a line drawn East perpendicular to the West
line of Tract C, Registered Land Survey No. 59, files of
Registrar of Titles, County of Carver, from a point thereon
distant 103.00 feet South, as measured along said West line from
the Northwest corner of said Tract C.
tThe hearing is being conducted in accordance with the pro-
visions of Minnesota Statutes Section 469.029 (formerly Minnesota
Statutes 462.525) .
All interested persons are invited to attend this public
hearing and express their opinions with respect to this proposal.
' Don Ashworth, City Manager
Phone: 937-1900
(Publish in the Chanhassen Villager on Novemer 29 & December 6,
1990. )
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•
I
City of Chanhassen
Carver and Hennepin Counties, Minnesota
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
A RESOLUTION AUTHORIZING THE SALE OF LAND TO
REDMOND PRODUCTS, INC.
WHEREAS, the Chanhassen City Council in and for the City of
Chanhassen, Minnesota, as follows:
1. The Chanhassen City Council is granting. approval of the
Real Estate Transfer Agreement to Redmond Products, Inc.
in the amount of $86,500.00.
2. Pursuant to the published notice and in accordance with
the procedure established by law, the Chanhassen City
Council has held a public hearing regarding the sale of
approximately 3 acres to Redmond Products, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council
as follow:
1. The sale of property to Redmond Products, Inc. is hereby
found to be in conformity with the City of Chanhassen and
the overall development purposes for this area. 1
2. The Chanhassen City Council hereby authorize and direct
the Mayor and City Manager to execute all documents
necessary to accomplish the sale of the property to
Redmond Products, Inc. , all in accordance with the terms
and conditions of the Real Estate Transfer Agreement.
Passed and adopted by the Chanhassen City Council this
day of , 1990.
ATTEST: 1
1
Don Ashworth, City Clerk/Manager Donald J. Chmiel, Mayor
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