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1h Real Estate Purchase Agree CITY OF CHANHASSEN . City Cmter Drivt, PO Box 147 banh"",", Minntsota 55317 Phont 612.937.1900 Gmmz/ Fax 612.937.5739 'finttring Fax 612.937.9152 llie Safety Fax 612.934.2524 'tb www.cLchanhtlJStn.mn.U$ í~ MEMORANDUM TO: Scott Botcher, City Manager ø FROM: Todd Hoffman, Park and Recreation Director DATE: October 5, 2000 SUBJ: Authorize Real Estate Purchase Agreement, Exchanging 0.044 acres for 0.055 acres to Accommodate a Driveway, David Stockdale and Jane Anderson In 1996 the City acquired property now known as Sugarbush Park from JMS Development Corporation. The survey prepared by JMS left a portion of Mr. Dave Stockdale's driveway within the border of the park. Mr. Stockdale was the original owner of the parcel. This error was discovered by the City's Park Superintendent as he prepared to install park boundary signs. To correct this situation, the City Attorney's Office prepared the attached Real Estate Purchase Agreement. This agreement trades land between Mr. Stockdale and the City. Mr. Stockdale trades us 0.055 acres in return for 0.044 acres. The location and configuration of these parcels are depicted in Exhibit A. The City is taking a large parcel in consideration for paying the fees associated with the transaètion. Recommendation It is recommended that the City Council authorize the Real Estate Purchase Agreement exchanging 0.044 acres for 0.055 acres to accommodate a driveway to the David Stockdale and Jane Anderson residence. g:\park\th\sugarbush~stockdale trade.doc Citv of ChallhllSst1l. A rrowinrcommunitv with clean lakes. aua/itv schooh. arhamlinv downtown. thrÙ'¡nv husinesses. and beautifù/ barks. A ",at "'Arfto /ÙiP, wark. and "la. CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik (651) 452-5000 Fax (651) 452-5550 Andrea McDowell Poehler Matthew K. Brokl- John F. Kelly Matthew J. Foli Marguerite M. McCarron Gina M. Brandt ·At;o!ì(enredinW·~nn~ June 12, 2000 Mr. and Mrs. David A. Stockdale 7210 Galpin Boulevard Chanha~sen, Minnesota 55317 Re: City of Chanhassen - Real Estate Purchase Agreement Dear Mr. and Mrs. Stockdale: Enclosed herewith is the original Real Estate Purchase Agreement with the City of Chanhassen. Please sign this Purchase Agreement where indicated, have your signatures notarized, and return the fully executed Purchase Agreement to Todd Hoffman at the City for placement on the next available City Council agenda. If you have any questions or concerns, please give me a call. Very truly yours, Campbell Knutson Professional Association BY:U~~ Andrea McDowell Poehler AMP:cjh Enclosure cc: Mr. Todd Hoffman Suite 317 · Eagandale Office Center . 1380 Corporate Center Curve · Eagan, MN 55121 REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this day of , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, with offices at 690 City Center Drive, Chanhassen, Minnesota 55317 (referred to herein as the "City"), and DAVID A. STOCKDALE and JANE K. ANDERSON, husband and wife, of 7210 Galpin Boulevard, Chanhassen, Minnesota 55317 (referred to herein as the "Traders"). WHEREAS, the Traders own property legally described as follows ("Trader Parcel"): Lot 6, Block 2, FOREST MEADOW, Carver County, Minnesota, according to the recorded plat thereof; WHEREAS, the City owns property abutting the Trader Parcel, which is legally described as follows ("City Parcel "): Outlot A, FOREST MEADOW, Carver County, Minnesota, according to the recorded plat thereof; WHEREAS, the Traders desire to purchase a portion of the City Parcel to obtain the amount of property necessary to accommodate Traders' driveway in accordance with a copy of the survey attached hereto as Exhibit "A" ("Trader Subject Property"); WHEREAS, the City is willing to transfer to the Traders the Trader Subject Property, provided the Traders 1) deed to the City a portion of the Trader Parcel in accordance with the copy of the survey attached hereto as Exhibit "A" ("City Subject Property") and 2) that the Traders combine the Trader Subject Property with the Trader Parcel; WHEREAS, the City will retain title to and ownership of the remainder of the City Parcel, less the Trader Subject Property ("City's Remainder Tract"); 80612.02 Rev:06/08/00 1 WHEREAS, the Traders will retain title to and ownership of the remainder of the Trader Parcel, less the City Subject Property ("Trader Remainder Tract"). IN CONSIDERATION of the mutual covenants and agreements herein, the City and the Traders hereby mutually agree as follows: SECTION 1. LAND EXCHANGE 1.1) The City shall sell to the Traders and the Traders shall purchase from City on an "as is" "where is" basis and upon the other terms and conditions hereof the land in Carver County, Minnesota, legally described on the attached Exhibit "B" ("Trader Subject Property"); 1.2) The Traders shall sell to City and City shall purchase from the Traders on an "as is" "where is" basis and upon the other terms and conditions hereof the land in Carver County, Minnesota, legally described on the attached Exhibit "c" ("City Subject Property"). SECTION 2. PURCHASE PRICE 2.1) Intentionally Omitted. SECTION 3. TITLE MATTERS 3.1) The Traders, at their own expense, shall be responsible for obtaining title evidence and reviewing title to the Trader Subject Property. The City, at its own expense, shall be responsible for obtaining title evidence and reviewing title to the City Subject Property. The Traders and the City agree to apply for and process the lot split approvals required for the transfer of the Subject Properties from the Trader Parcel and City Parcel. SECTION 4. CLOSING 4.1) The closing (the "Closing") shall be at a location designated by City, and shall occur 80612.02 Rev:06/08/00 2 within 20 days' after the removal of contingencies set forth in Section 6 of this Agreement (the "Closing Date"). 4.2) On the Closing Date, the City shall deliver to the Traders possession of the Trader Subject Property in an "as-is" "where-is" condition. 4.3) On the Closing Date, the Traders shall deliver to the City possession of the City Subject Property in an "as-is" "where-is" condition. 4.4) On the Closing Date, the Traders shall execute and deliver to City: 4.4.1) The duly executed quit claim deed to the City Subject Property; and 4.4.2) The written request to the Carver County Auditor's office for combination of the Trader Remainder Parcel and the Trader Subject Property for tax purposes, in the form attached hereto as Exhibit D, and any additional documents necessary to obtain approval from the Carver County Auditor's Office for the legal description combination of these parcels; and 4.4.3) A duly executed Well Certificate, if required, or alternatively, a certification by the Traders that there are no wells on the City Subject Property; and 4.4.3) 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 the Traders, and no labor or materials have been furnished to the City Subject Property for which payment has not been made, and that to the best of the Traders' knowledge there are no unrecorded interests relating to the City Subject Property . 4.5) On the Closing Date, the City shall execute and deliver to the Traders: 4.5.1) A duly executed quit claim deed to the Trader Subject Property; and 4.5.2) A duly executed Well Certificate, if required, or alternatively, a certification by City that there are no wells on the Trader Subject Property; and 4.5.3) 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 or materials have been furnished to the Trader Subject Property for which payment has not been made, and that to the best of City's knowledge there are no unrecorded interests relating to the Trader Subject Property. 4.6) The Traders shall pay at Closing all general real estate taxes levied against the 80612.02 Rev:06/08/00 3 City Subject Property due and payable for all years prior to the year of Closing, together with any unpaid installments of special assessments due therewith, including Green Acres deferred taxes and any levied and pending special assessments owing against the City Subject Property. The Traders shall pay at closing the remaining balance on all levied and pending special assessments owing against the City Subject Property. The City and the Traders shall prorate to the date of Closing all the general real estate taxes levied against the City Subject Property due and payable in the year of Closing based on the percent of taxes attributable to the value of the land only. The Traders shall be responsible for all taxes based on the value of the residence. In addition to prorating payment of the taxes based on the Closing Date, the prorated taxes payable herein shall be determined on a proportionate square footage basis, based on a proportionate basis of the City Subject Property to the total square footage of the Trader Parcel, the tax parcel in which the City Subject Property is located. An example of the foregoing calculations is as follows: Assessed value = Land $20,000 (20%) Residence $80.000 (80%) Total = $100,000 (100%) Total Square Footage of Trader Parcel = 500,000 square feet Total Square Footage of City Subject Property = 200,000 square feet Percentage of property transferred to City = 40% Base taxes for year of closing = $1,000 $1,000 x 20% (percent of taxes attributable to land) = $200 $200 x 40% (percent of land being sold) = $80 $80 x y/365 = City's pro rated taxes 4.7) The Traders shall be responsible for the payment of all general real estate taxes and instaIIments for special assessments due and payable for all years during and subsequent to the year of Closing for the Trader Subject Property. 4.8) The City shall pay at Closing the following fees and costs incurred by the Traders or City in connection with this Agreement: 4.8.1) all recording fees and charges relating to the filing of the deeds; 4.8.2) title examination fees, search fees, title insurance commitment fees and title insurance premiums, if any for the City Subject Property; and 4.8.3) all costs incurred in obtaining the survey of the City Parcel and the Trader Parcel, a copy of which is attached hereto as Exhibit" A. " 4.8.4) the Closing fee charged by the title company, if any. 80612.02 Rev:06/08/00 4 4.9) The Traders shall pay at Closing the title examination fees, search fees, title insurance commitment fees and title insurance premiums, if any for the Trader Subject Property. 4.10) The Traders and the City shall each be separately responsible for payment of state deed tax for the property being acquired by the party, if any. SECTION 5. COVENANTS. REPRESENTATIONS. AND WARRANTIES OF CITY 5.1) The Traders, as an inducement to the City to enter into this Agreement, and as part of the consideration therefor, represent, warrant, and covenant with the City 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 City Subject Property; 5.1.2) The Traders 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 City Subject Property from the date hereof to the Closing Date; 5.1.3) No entity or person has, at any time: iii. 80612.02 Rev:06/08/00 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 City Subject Property; or ii. taken any action in "response" to a "release" in connection with the City Subject Property; or otherwise engaged in any activity or omitted to take any action which could subject the Traders or the City 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 City Subject Property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defmed below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et sea., as amended ("CERCLA") and any state environmental laws. 5 "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances", "toxic substances", "hazardous waste", "pollutant", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 et sea., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et sea., the Clean Water Act, 33 U.S.C. Sec. 1251 et sea., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. 5.1.4) No entity or person (including the Traders) has, at any time, installed, used, or removed any underground storage tank on or in connection with the City Subject Property. 5.1.5) Except for the representations, warranties and covenants listed in Section 5.1 above, the City acknowledges that it is acquiring the City Subject Property from the Traders in an "AS-IS" condition with all faults accepted. 5.1.6) The covenants, representations, and warranties contained in Section 5.1 shall benefit the City and its successors and assigns. All of the Traders' 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 the City's obligations hereunder) and as of the Closing Date. If the City discovers that any such covenant, representation, or warranty is not true, prior to closing the City may cancel this Agreement, or the City may postpone the Closing Date up to ninety (90) days to allow time for correction. 5.2) The City, as an inducement to the Traders to enter into this Agreement, and as part of the consideration therefor, represents, warrants, and covenants with the Traders and their heirs, successors and assigns that: 5.2.1) 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 Trader Subject Property; 5.2.2) The 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 Trader Subject Property from the date hereof to the Closing Date; 5.2.3) No entity or person has, at any time: i. "released" or actively or passively consented to the "release" or 80612.02 Rev:06/08/00 6 "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Trader Subject Property; or ii. taken any action in "response" to a "release" in connection with the Trader Subject Property; or Hi. otherwise engaged in any activity or omitted to take any action which could subject the Traders or the City 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 Trader Subject Property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et seq., as amended ("CERCLA") and any state 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. Sec. 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., the Clean Water Act, 33 U;S.C. Sec. 1251 et seq., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. 5.2.4) No entity or person (including the City) has, at any time, installed, used, or removed any underground storage tank on or in connection with the Trader Subject Property . 5.2.5) Except for the representations, warranties and covenants listed in Section 5.2, the Traders acknowledge that they are acquiring the Trader Subject Property from the City in an "AS-IS" condition with all faults accepted. 5.2.6) The covenants, representations, and warranties contained in Section 5.2 shall benefit the Traders and their heirs, successors and assigns. All of the 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 the Traders' obligations hereunder) and as of the Closing Date. If the Traders discover that any such covenant, representation, or warranty is not true, prior to closing the Traders may cancel this Agreement, or the Traders may postpone the Closing Date up to ninety (90) days to allow time for correction. 80612.02 Rev:06/08/00 7 SECTION 6. CONTINGENCIES 6.1) City's Contingencies. The obligations of City under this Agreement are expressly contingent upon each of the following (the "City's Contingençies"): 6.1.1) The Traders executing the letter to the Carver County Auditor's Office attached hereto as Exhibit "D"; and 6.1.2) The Traders obtaining lot split approval for the City Subject Property; and 6.1.3) The representations and warranties of the Traders set forth in Section 5.1 of this Agreement must be true as of the date of this Agreement and on the Closing Date, and the Traders shall have delivered to the City at Closing a certificate dated the Closing Date, signed by the Traders, certifying that such representations and warranties are true as of the Closing Date; and 6.1.4) The City shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of any environmental/soil investigations and tests of the City Subject Property conducted by the City, the costs of which shall be the responsibility of the City. By executing this Agreement, the Traders hereby authorize the City, its contractors, and agents to enter upon the City Subject Property for purposes of conducting environmental, engineering and soil tests; 6.1.5) The City shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the title to the City Subject Property. If the City's Contingencies have not been satisfied on or before the Closing Date, then City may, at City's option, terminate this Agreement by giving notice to the Traders on or before the Closing Date. The contingencies set forth in this section are for the sole and exclusive benefit of City, and City shall have the right to waive the contingencies by giving notice to the Traders. 6.2) Traders' Contingencies. The obligations of the Traders under this Agreement are expressly contingent upon each of the following (the "Traders' Contingencies"): 6.2.1) The City obtaining lot split approval for the Trader Subject Property; and 6.2.2) The Traders shall have determined on or before the Closing Date, that they are satisfied, in their sole discretion, with the title to the Trader Subject Property. 80612.02 Rev:06/08/00 8 If the Traders' Contingencies have not been satisfied on or before the Closing Date, then the Traders may, at the Traders' option, terminate this Agreement by giving notice to the City on or before the Closing Date. The contingencies set forth in this s.ection are for the sole and exclusive benefit of the Traders, and the Traders shall have the right to waive the contingencies by giving notice to the City. SECTION 7. MISCELLANEOUS 7.1) The Traders hereby indemnify City for any claim, cost, or damage related to any brokerage fee due because of this Agreement which was caused by the Traders. City represents that it has not entered into any agreement, nor taken any action, that would cause or result in an obligation to pay a brokerage fee. 7.2) Any notice, demand, or request which may be pennitted, required or desired to be given in connection herewith shall be in writing and sent by regular or certified mail directed to the City or the Traders. Unless otherwise provided herein, 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 the City or the Traders at the applicable address stated on the first page of this Agreement. 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 80612.02 Rev:06108100 9 Agreement. 7.5) This Agreement represents the entire agreement of the parties with respect to the City Subject Property and the Trader Property and all prior agreements, understandings, or negotiations between the parties are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements. 7.6) If the Traders default under any of the terms hereof, City shall have the right to pursue any remedies available to City at law or in equity, including but not limited to specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 7.7) If City defaults under any of the terms hereof, then the Traders shall have the right to pursue any remedies available to the Traders at law or in equity, including specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 7.8) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, and the Agreement 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 successors and assigns. The Traders may not assign this Agreement without the written consent of the City. 80612.02 Rev:06l08/00 10 7.11) This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year fIrst above written. CITY OF CHANHASSEN \ BY: AND Scott A. Botcher, City Manager ~S/UA David A. Stockdale J~O STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) ~he foregoing instrument was acknowledged before me this ;{ 7 t;\ day of '" 2000, by Nancy K. Mancino and by Scott A. Botcher, respectively the Mayor I an City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. / ~ ~ KAREN J. ENGELHARDT VIiiltI Notary Public - Minnesota My Commission Expiros 113112005 VVVVVV'IVV'rlV 80612.02 Rev:06/08/00 11 STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 7~ day of .JI~/JA , 2000, by David A. Stockdale and Jane K. Anderson, husband and wife. NO~~I!Jr ,....."._AVNN_A.N................... e KAREN R. LENZEN I NOTNIY PIJBUC.MINNESOTA _ _ur-:_-_ :"fEXPIRES1-31-2Q05 . ~...-.._ .......,,·.1$t;.J'IN:Jt.·A^"". 80612.02 Rev:06/08/00 12 EXHIBIT ~~ a~~ I nAn ¡r~; m 0 ! 3 . ~ .¡ II! c .. !< :: .. g. NOO·39'55"E ~ ~ ~~ . 107.05' n - I~: ¡ h ~ - ~§ 5- ~.... "'< lit a.:;;: QS! .~ C' ~... " ì3!!' "!~ .¡,~ I! ,! I 5' ~ ~!< '>t . ø, . c:=-ã: "'< ° '\.. õ" , n . :;: ° ~-! ~O~ · ! ì ø, ! ! !!'~ : . r:c , , (i Ao Õ~"2. ( P :; ~ g , I I ::; 5\,g~ " ~ ;;; -~- I ., ~ . ~ w . !!'~ " w !!.~~ ~-:E : 9 e ;0] ~f~ .~ . \ ~ 0. '" \ p ->~ ~'" 0'" -> . .(þ O(þ ... . . \ 0* ... \ mïð rn .. H ~ ~¡¡ ~ ~ flI 2.2. . . .. ~[ H ~ . 33 . ·0 ~ ! . ! ! 3< « 03 33 0 H !~ ,', , ,. - , . ~ 1_" .. /, . . , < .. 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", ~~ ~~ . ~ ~ & ~~ ~ ~ >~~ ~H , J ao ", ~ ~ "Iì: i ~ p ~~I ~ ~ Iì: ug ~ I . ~ , ~ it ~ ~ o· . ~ ! ¡¡ EXlßBIT "B" to REAL ESTATE PURCHASE AGREEMENT Legal Description of Trader Subject Property: That part of Outlot A, FOREST MEADOW, Carver County, Minnesota according to the recorded plat thereof described as commencing at the Northeast corner of Lot 6, Block 2, said FOREST MEADOW; thence on an assumed bearing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 60.09 feet to the Northeast comer of said Outlot A; thence North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 41. 76 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 21.24 feet; thence south 45 degrees 44 minutes 58 seconds West, along the Southerly line of said Lot 6, a distance of 135.43 feet; thence North 73 degrees 07 minutes 01 seconds East a distance of 32.63 feet; thence North 45 degrees 44 minutes 58 seconds East a distance of 121.49 feet to the point of beginning. 80612.02 Rev;06108/00 1 EXHIBIT "C" to REAL ESTATE PURCHASE AGREEMENT Legal Description of City Subject Property: Parcell: That part of Lot 6, Block 2, FOREST MEADOW, Carver County, Minnesota according to the recorded plat thereof described as commencing at the Northeast corner of said Lot 6; thence on an assumed bearing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 43.01 feet to the point of beginning of the land to be described; thence continuing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 17.09 feet; thence North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 41.76 feet; thence North 45 degrees 44 minutes 58 seconds East a distance of 24.16 feet; thence South 89 degrees 20 minutes 05 seconds East a distance of 25.59 feet to the point of beginning. Parcel 2: That part of Lot 6, Block 2, FOREST MEADOW, Carver County, Minnesota according to the recorded plat thereof described as commencing at the Northeast comer of said Lot 6; thence on an assumed bearing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 60.09 feet; thence North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 63.00 feet; thence South 45 degrees 44 minutes 58 seconds West, along the Southerly line of said Lot 6, a distance of 135.43 feet to the point of beginning of the land to be described; thence continuing south 45 degrees 44 minutes 58 seconds West, along the Southerly line of said Lot 6, a distance of 58.37 feet; thence North 89 degrees 20 minutes 05 seconds West, along the South line of said Lot 6, a distance of 89.00 feet; thence North 73 degrees 07 minutes 01 seconds East a distance of 136.70 feet to the point of beginning. 80612.02 Rev:06/08/00 1 EXHIBIT "D" to REAL ESTATE PURCHASE AGREEMENT 7210 Galpin Boulevard Chanhassen, Minnesota 55317 Mr. Mark Lundgren Carver County Auditor Carver County Courthouse 600 East Fourth Street Chaska, Minnesota 55318 Re: Owners' Request to Combine Parcels Dear Mr. Lundgren: David A. Stockdale and Jane K. Anderson, hereby request the Carver County Auditor's Office to combine legal descriptions of the two contiguous parcels of land described in Exhibit A attached hereto pursuant to Minnesota Statutes Section 272.46. Dated this by of -;;..~ ~k.. çiJavU I ;:¡¿~ David A. Stockôale fl!M/'~ Jane . derson .. 80612.02 Rev:06/08/00 1 EXHffiIT "A" to REQUEST FOR COMBINATION OF PARCELS PARCEL A: Lot 6, Block 2, FOREST MEADOW, Carver County, Minn~sota according to the recorded plat thereof; except: That part of Lot 6, Block 2, FOREST MEADOW, Carver County, Minnesota according to the recorded plat thereof described as commencing at the Northeast corner of said Lot 6; thence on an assumed bearing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 43.01 feet to the point of beginning of the land to be described; thence continuing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 17.09 feet; thence North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 41.76 feet; thence North 45 degrees 44 minutes 58 seconds East a distance of 24.16 feet; thence South 89 degrees 20 minutes 05 seconds East a distance of 25.59 feet to the point of beginning. and That part of Lot 6, Block 2, FOREST MEADOW, Carver County, Minnesota according to the recorded plat thereof described as commencing at the Northeast corner of said Lot 6; thence on an assumed bearing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 60.09 feet; thence North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 63.00 feet; thence South 45 degrees 44 minutes 58 seconds West, along the Southerly line of said Lot 6, a distance of 135.43 feet to the point of beginning of the land to be described; thence continuing south 45 degrees 44 minutes 58 seconds West, along the Southerly line of said Lot 6, a distance of 58.37 feet; thence North 89 degrees 20 minutes 05 seconds West, along the South line of said Lot 6, a distance of 89.00 feet; thence North 73 degrees 07 minutes 01 seconds East a distance of 136.70 feet to the point of beginning. PARCEL B: That part of Outlot A, FOREST MEADOW, Carver County, Minnesota according to the recorded plat thereof described as commencing at the Northeast corner of Lot 6, Block 2, said FOREST MEADOW; thence on an assumed bearing South 03 degrees 51 minutes 00 seconds West, along the East line of said Lot 6, a distance of 60.09 feet to the Northeast comer of said Outlot A; thence North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 41.76 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 20 minutes 05 seconds West, along the Southerly line of said Lot 6, a distance of 21.24 feet; thence south 45 degrees 44 minutes 58 seconds West, along the Southerly line of said Lot 6, a distance of 135.43 feet; thence North 73 degrees 07 minutes 01 seconds East a distance of 32.63 feet; thence North 45 degrees 44 minutes 58 seconds East a distance of 121.49 feet to the point of beginning. 80612.02 Rev:06/08/00 2