1.5 Purchase Agreement, 1.5 acres in Section 16 NordicTrack r CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
MEMORANDUM
' TO: Mayor and City Council
CONFIDENTIAL
FROM: Don Ashworth, City Manager
DATE: August 14 , 1989
' SUBJ: Consider Purchase Agreement, 1 .5 Acres in Section 16,
NordicTrack
Mr. Pauls has met with City staff several times during the past
year. They are building a major facility in the City of Chaska
adjacent to our old public works garage on Highway 41 and West
82nd Street. Our buildings do represent an eyesore for both Mr.
Pauls as well as for the City of Chaska. Chanhassen has a ready-
mix plant as our entry monument, while Chaska has Chanhassen ' s
public works garage including occasional piles of salt and sand.
What has continued to be stated to Chaska/Mr. Pauls is that the
City needs a replacement structure so as to accommodate off-
season storage, i .e. during the summer months our snowplowing
equipment is kept in this facility and, similarly, summertime
equipment stored during the winter. We feel that a replacement
' structure could be completed for approximately $100, 000 . This
amount of money would be significantly higher than the value of
the property itself . Mr. Pauls paid $25 , 000 per acre for the
approximate ten acre site of their new facility.
' I had hoped to have more definitive plans in place regarding a
replacement structure prior to presenting this item to the City
' Council. The property has very little value to anyone except Mr.
Pauls. This statement is made in light of the fact that all
sewer and water must come from the City of Chaska and no exten-
sion of sewer and water is proposed beyond that of the
NordicTrack building. Potential expansion space would exist for
Mr. Pauls , otherwise the property would have to be valued on the
basis of agricultural land ( 3 , 000 to 10, 000/acre) . The buildings
' are seen as more of a deficit than an asset for a new owner. Mr.
Pauls has recently purchased 17 acres within the Chanhassen Lakes
Business Park. Accordingly, staff has attempted to insure that
' we do not become too offensive with one of our newest landowners.
As can be seen by Mr. Pauls ' letter , he is become frustrated 'and
wishes to take this item directly to the City Council. Although
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Mayor and City Council Confidential
August 14 , 1989
Page 2
the offer is significantly higher than could be achieved from
another buyer, it can be improved.
I would recommend that the Council instruct staff to finalize
negotiations with Mr. Pauls and return such to the City Council
as quickly as possible. I am quite confident that this recommen- ,
dation would insure that the City did receive the highest value
for the property while meeting long term building needs of the
City. '
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1 1 . 5
CITY OF
CHANHASSEN
1 1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
MEMORANDUM
TO: Mayor and City Council
' FROM: Don Ashworth , City Manager
DATE: August 14 , 1989
' SUBJ: Consider Purchase Agreement, 1. 5 Acres in Section 16
Nordic Track
Staff would recommend that this item be tabled to allow staff
' time to finalize negotiations with Mr. Pauls regarding the pro-
posed purchase of the City ' s property at Highway 41 and 82nd
Street (old Public Works Garage) .
°L-(i
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ordIc ra ck i
141 Jonathan Boulevard North Chaska,Minnesota 55318
Phone: 612-448-6987 FAX: 612-448-6120
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July 31, 1989
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Karen Engelhardt 1
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Re: Item for August 14 City Council Meeting
Dear Ms. Engelhardt:
We would like to have a Purchase Agreement for a piece of Chanhassen property
considered at the August 14th city council meeting. The legal description of
the property in question is 1.5 acres, 200 feet x 326.7 feet in the northwest
quarter of the southwest quarter. Section 16, Township 116, Range 23, Parcel
number 25-0160700.
Please send acknowledgement of this agenda item.
Sincerely,
Edward Pauls
Chief Executive Officer
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EP:nd
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C1 1 Y OF CHANHASSEN
T f
COMMERCIAL- INDUSTRIAL \
� I £= � , PURCHASE AGREEMENT
FORM APPROVED BY GREATER MINNEAPOL IS AREA BOARD OF REALTORS•
.-- (DEC 19851
- .,
REALTOR. Chaska ,MN, July 71 19 49
?• _ t` RECEIVED OF *Inr,lir 'i'w=,t;k Tnr
r.
the sum of -e- _ ($ —A— )DOLLARS
as earnest money and in part payment for the purchase of property
(Check.Cosh or Norte—State%loch/
End„ at **See attatched addendum for legal description situated in the
' County of Carver ,State of Minnesota,and legally described as follows,to-wit:
} r **See attatched addendum for legal description
'4' ' all of which property the undersigned has this day sold to the buyer for the sum of:
Sixty Five Thousand and/PIo/100 ($ 65,000.00 )DOLLARS,
r �' which the buyer agrees to pay in the following manner
Earnest money herein paid$ —P— and$05,000.00 ,cash,on .November 1 ,1 909 ,
•- the date of closing. -
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F` _;s'.':
14r..-P: Subject to performance by the buyer the seller agrees to execute and deliver a Ma rke t a_h Le Warranty
Deed conveying marketable title to said premises subject only to the following exceptions:
:'. (a)Building and zoning laws,ordinances,State and Federal regulations. .
F ;
-g"- j (b)Restrictions relating to use or improvement of premises without effective forfeiture provision. -
(c)Reservation of any minerals or mineral rights to the State of Minnesota. - ' ..7
... . — (d)Utility and drainage easements which do not interfere with present improvements.
(e)RIGHTS OF TENANTS AS FOLLOWS: ,�p l . '
t k Buyer shall pay Prorate to m real estate Paz..e,sou installments of special assessments due and payable in 1989 i.
' =`= and all such taxes and installments of special assessments when due in subsequent years.
Seller shall pay Prorata to dam real 21.es l 1 installments of special assessments due and payable in 1989
and all such taxes and installments of special assessments in prior years.
Seller covenants that buildings,if any,are entirely within the hondary lines of the property and agrees to remove all personal property not
;:"..-,-,". = ." -included herein and all debris from the premises prior to possession date.
- PA 4g-
I= /,.. _ The seller further agrees to deliver possession on Date of C 1 OS ing provided that all conditions of this
`"`5= .7-,-. i agreement have been complied with.
In the event this property is destroyed or,substantially damaged by fire or any other cause before the closing date,this agreement shall
1� become null and void,at the Buyer's option,and all monies paid hereunder shall the refunded to him.
The buyer and seller also mutually agree that pro rata adjustments of rents.interest,insurance,utilities and any other operating expenses,
/ shall be made as of Date of closing
1 The seller,shall,within a reasonable time after approval of this agreement,furnish an abstract of title,or a Registered Property Abstract
certified to date and to include proper searches coveri ng bankruptcies,and State and Federal judgment and liens.The Buyer shall be allowed
1-10f days after receipt thereof for examination of said title and the making of any objections thereto,said objections to be made in writing
II- - or deemed to be waived.If any objections are so made the seller shall he allowed 120 days to make such title marketable.Pending correction of
•
> I title the payments hereunder required shall he postponed,but upon correction of title and within 10 days after written notice to the buyer,the
K parties shall perform this agreement according to its terms.
If said title is not marketable and is not made so within 120 days from the date of written objections thereto as provided,this agreement shall
} be null and void,at option of buyer,and neither principal shall be liable for damages hereunder to the other principal.All money theretofore
' paid by thebuyershall'berefunded.Ifthetitletosaidpar opertybefoundmarketableorbesomadewithinsaidtime,andsaidbuyershalldefault
I - in any of the agreements and continue in default for period of 10 days,then and in that case the seller may terminate this contract and on
F- \ such termination all the payments made upon this contract shall be retained by said seller and said agent,as their respective interests may
appear,as liquidated damages,time being of the essence hereof.This provision shall not deprive either party of the right of enforcing the
e ft r specific performance of this contract provided such contract shall not he terminated as aforesaid,and provided action to enforce such specific
. . ( IN performance shall be commenced within six months after such right of action shall arise.In the event Buyer defaults in his or her performance '
"°''•4' of the terms of this Agreement,and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21.the termination period shall be
thirty(30)days as permitted by Subdivision 4 of MSA 559.21.
IL--- It is understood and agreed that this sale is made subject to the a pproval by the owner of said premises i n writing and that the undersigned
q agent is in no manner liable or responsible on account of this agreement,except to return or account for the earnest money paid under this
°t ;r contract.
Y It is understood that seller/buyer has until to accept the terms and
I conditions of this purchase agreement.The delivery of all papers and monies shall be made at the office of
AGENCY DISCLOSURE: stipulates he or she is representing the
in this transaction.The listing agent or broker stipulates he or she is representing the seller in this transaction.
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I,the undersigned,owner of the above property,do hereby Agent
approve the above agreement and the sale thereby made.
By
I hereby agree to purchase the said property for the price and
upon the terms above mentioned and subject to all conditions herein
expressed.
Dated Dated
�
/u�y !�7 (SEAL)
Seller
[.) Ira.•, �d� GEC
(SEAL)I. . (SEAL) (SEAL.)
seller Buyer
THIS IS A LEGALLY BINDING CONTRACT IF NOT UNDERSTOOD,SEEK COMPETENT ADVICE. corm No CIMLS-114 Mery lass
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,_.,-: .,...,, .h
r DEED RECORD No. 44
a.. Instrument Ito.. 99042
• ' Inerrant,Deed. xlller•Mvb Ce.. Nlnneapella,xlnw
_Undivided u Cerwrattan. .---- ---- Form No. 3-M h,
ns
4 ? Florian Hammers and Mary C. Hammers, 10th March
Piled for Record this tkay of
husband and wife
! TO A.D.19 61,at 4:30 o'clock F• M.
/ Township of Chanhassen Carl W. Hanson ,Register of Deeds.
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By J. L. Schlefsky
x.„.,,.. U , Deputy.
9
Viii; 3nbenture, .trade this 12th —day of October r9 60
s 1 between FL Ij AN BANNERS and MARY C. HAMMERS, husband and wife,
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e - i of the County of Carver and State of Minnesota parties
/ i of the first part,and TOWNSHIP OF CHANHASSEN, Carver County, •
ma/corporatwn under the laws of the State of Minnesota ,part of the second
• U f part.
jl EllitucSigetb. That the said part les ..f the first part,in consideration of the sum of
1 One dollar and other good and valuable consideration - - - - - - - -
�t3LG✓,Mt'
{ to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged,do r,ereby
Grant,Bargain,Sell,and Convey unto the said party of the second part,its successors and assigns,Forever,all the tract or pareel-
js of land lying and being in the County of Carver and State of Minnesota,described as follows,to-suit:
..__f=-' ': 'i That part of the Southwest Quarter of Section 16, Township 116, Range 23, described
,.s.
:7-*t-, I as follows: Commencingat the Northwest corner of the Northeast Quarter of the
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I Southwest Quarter of Section 16, Township 116, Range 23; thence Last along the
€ -
� : j North line of the Southwest Quarter thereof a distance of 74 feet to the center
} : Y_ line of trunk Highway No. 41 as now laid out and travelled; thence South along
said center line a distance of 200 feet; thence West and parallel to said North
line a distance of 326.7 feet; thence North and parallel to the center line of
trunk Highway No. 41 a distance of 200 feet to the North line of said Southwest
1 thence East along said North line a distance of 252.7 feet to )
- 1 beginning, subject to easement for highway purposes over the 33
feet and the
• i North 33 feet thereof,
_tip,' a_ - E
y State deed tax due hereon is 4l.65.
3s,1.
�, . . —
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l:UEei
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tro O)abe sub to Volb the mAme, Together with all the hereditament&and appurtenances thereunto belonging,or in any-
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F: wise appertaining,to the said party of the second part,its successors and assigns,Forever.And the said
e • J their— -
.` 1 part_1•e�f the first part,for themselves,/ heirs,nreeutore and administrators, do—_covenant with the said party of
°-_ the second part,its successors and assigns,that—they are well seized in fee of the lands and premises aforesaid,and ha. ye
1 s _ j good right to sell and convey the same in manner and form aforesaid,and that the same are free from.all incuutbrancss,
i '' except as above set forth. •
/ 4 i .•
" •� ■ And the above bargained and granted lands and premises,in the quiet and peaceable possession of the said party of the second part,
_ �- °=- - its successors and assigns,against all nervous lawfully claiming or to slain the whole or any part thereof,subject to incumbranaas,'
7_5: �i if any,hereinbsfare mentioned,the said part:P.O of the first part will Warrant and Defend,
ln 7$cStt11l01ip dklhCCeof,The said part i es of the first part have hereunto set their r s
f fl p eared the day and year e
3. � - first above written. i
+ Florian Hammers
- z�- t. In Presence of
(Florian—immers)
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y \ r — W. lie Odell (Mary C Hammer,:
C. Hammers)
W._ Mary Ann Manteuffel
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A~ - 4--- state of , ututOota, L.
L£',•;_ `- County of CARVER 9
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R On this 4th day of�_November __ 19 60 before me,a p
I _ Notary Public --within and for said County,personally appeared
Florian Hammers and Mary C. Hammers, husband and wife,
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i to me known to be the person-a described in,and who executed the foregoing instrument, F
(Sea Note)
and acknowledged that___t_le_g—eicouted the same as_-1e}].aJ.T___frea act and deed
Deed Tex paic97t6),.65 (s..N•UI r
Receipt No. /h l W. H. Odell
Vincent J.,11.Jo nson —fit. a.uaell
G. C�ul��i<ilkeeas� er (NOTARIAL SEAL) Notary Public t:prver County,Minn. ;
a p.
- - • dfy commission expires March 29 .19 62 ,
HOTS:TM bleak line.marked"ne•Nate••en for am when the Itutnrnent le e,eeated hl an attorney In fart.