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4 Purchase Agreement Edwards Property 4- .. CITY OF CHANHASSEN MEMORANDUM TO: Don Ashworth, City Manager . II! ) Ci0 emlt'r Dril't', PO Box 147 ].,zllb,zssfIJ, .\JiIllI<'SOII1553]7 NOlle 612.9T. 1900 DATE: c;,';ICIii/ hlX 612.9.37.5-39 FROM: Todd Hoffman, Park & Recreation Director August 5, 1998 'Ilg/illl,;,illg hIX612.9T.9152 SUBJ: ,1;1/, S,/(!; 1:lx 612. 9H25l~ Marlin Edwards Property Acquisition .rd) li'Z:!i'.d.(!\Z;;/"~"'.'{'Ii.iii;i. !i.' A number of years ago, Mr. Marlin Edwards approached the city to ascertain any interest we had in acquiring a portion of the property he owns in Chanhassen. At the time, Mr. Edwards was residing at 8950 Audubon Road, but was planning on subdividing his property into two parcels. Upon subdividing the lot with the home was sold and Mr. Edwards retained the other 8.6 acre parcel. The entire 8.6 acres is within the primary Bluff Creek zone. Bluff Creek adjoins the property at its northern boundary. The parcel is comprised of 4.9:t acres of upland and 3.5:t acres of wetland. Staff responded favorably to Mr. Edwards' original inquiry, but infom1ed him that a funding source was not readily identifiable at the time. For the next few years, I exchanged phone calls with Mr. Edwards every 6-8 months. Upon the formation of the 1995 Park Task Force, Mr. Edwards' Bluff Creek land was identified as one of three potential "small parcel" acquisitions. The other two were the Doug and Bev Hansen parcel, scheduled to close in a few weeks, and the Dircks property. Staff is currently engaged in ongoing negotiations with the Dircks. The passage of the 1997 park referendum presented an opportunity to close these three land negotiations. The Hansen acquisition has been on file for nearly 20 years; the Dircks property for over 10 years; and the Edwards acquisition for over 6 years. The Edwards' property is appealing for a couple of reasons. Acquisition would: 1. Extend public ownership of the Bluff Creek basin south to Lyman Boulevard. 2. Preserve a beautiful vista of greenspace on a prominent intersection within our community. Both of these reasons satisfy important values of our citizens as identified in the referendum survey. I,I' (ill o(Chilll!It!.'.,<'1I. .1 "i,,::':'!" . . ,.... ,.... . I I I / "! I l(;!,1 ['I(',fJ: /i:' :i.'.', {fN.i/ltr ,it' .1IiO..1, d dldiiili}l~ dowlltoWJ!, thril'iilf[ IJlt.iil}{'.\_it'_i, {lJJ(1 betl{(ti~dr.;:k.i, ,~ (Ji'r.!! . . L ,,-, .Ii ,.... [ri !/;"{', il"(U{ j:ud plll~r Mr. Don Ashworth August 5,1998 Page 2 Additionally, and perhaps most importantly, this acquisition would allow us to re- route the Bluff Creek trail. By doing so, we avoid the necessity of acquiring an easement from the Monson property. The Monson's do not agree with the city's assessment of how such an easement would affect their property. By re-routing through the Edwards property, we avoid this contentious and potential costly acquisition. Please be aware that additional engineering expenses would be incurred in order to re-route the trail. Howard R. Green estimates that these fees would total $5,580. A letter from Mr. Dave Nyberg detailing these costs is attached. RECOMMENDATION It is recommended that the city council approve the attached agreement between Marlin and Linda Edwards for the purchase of 8.6 acres of land known as Outlot A, Sunridge Third Addition with a purchase price of $84,000. It is further recommended that in the event the Edwards agreement is approved that a supplemental agreement between Mr. Gayle Degler and the city be approved. The Degler agreement assures Gayle that he would be compensated for any of his soybean crop that would be destroyed during construction of the trail. I estimate that this compensation would be no more than $500. Additionally, it is recommended that the city council authorize H.R. Green to complete the additional services as detailed in their proposal dated August 5, 1998. A TT ACHMENTS 1. Site map 2. Letter from Tom Scott, City Attorney's Office 3. Edwards Agreement 4. Degler Agreement 5. Letter dated August 9, 1995 Identifying the Edwards Parcel 6. Letter to Marlin Edwards dated October 23, 1995 7. Trail Plan \\cfs I \voI2\park\referen\edwards.doc A ti : : Jl-Y i I i b:Li . f~ ;''',:, (jf fU ,.... 17 'c,:, ,- - ,- _JI~ .... :~, 11' ~fb ~ ,- ,- ,- ..- .. ,- ..- ..- ..- M- ..- ..- ... L:J(J,) '.' -,1 .,' >i.. W I . J:;~ ;,,"--,.: " . co,~~ I I I j, I I ,~ ;oE~~, ;:j ~ ~. ~ ~% - , N .... :: .-~ ~., ' r7i(~..i... b I, W 1 r . 01';";,"",) "I \. ,;, ',"','>:.1': l~ ,,';',';L;;. -=- 11:"" --_ ",;[~t.:,.;. 11 .. ),'/ ~I l:: _,. <: . , -- C E E 1 J. ,0' .1;'.. x. 'd I rt?JY 1 11 ~. - ",u." ~ ';I. '''";'_ ~ .J\~ .~ '1""'Ir.:c~~( ! I III j Ilillll[ ~;!ia! : --'-'0; ~~~ ' : : l~,'" . . ".,u I '\: ....V \ ~ '~ .'. ' PROPOSED ANI , " I' ,. PRIVATE ROAD I', ; CITY HALL ~, FIRE STATION ~ VACATED ROAD CITY OF CHANHASSEN - ....- I "I I t..,,)m.. L I I I -\......J.. _ lAb \ \'R ..n:::l '-'... \ ,,- ...., : ;;;::, ' ",. :',: t; ~~~~ ,',' I .L ~ (~/\i'/lr)REL,I_ f<NtJTS()N August 4, 1998 VIA FACSIMILE TRANSMISSION RECEIVED .AUG (; 5 1998 Mr. Todd Hoffman City of Chanhassen 690 City Center Drive Box 147 Chanhassen, MN 55317 CITY 0'" CH.';i\!HASSi:.' Re: Marlin Edwards Property NW Corner of Lyman Boulevard and Audubon Road Outlot A, Sun Ridge Third Addition Dear Todd: We have negotiated, subject to City Council approval, an agreement to purchase the above 8.6 acre parcel for $84,000. The $84,000 purchase price is reasonable for the following reasons: 1. The property has a minimum appraised value of $62,000 as one large lot. 2. There is some possibility of subdividing the parcel into two lots. 3. The acquisition of this parcel will enable the City to develop the Bluff Creek trail segment and avoid the necessity of acquiring an easement from the Monson property to the north. The Monsons are of the opinion that a realigned trail easement across their lot will substantially impact their ability to subdivided the lot. . . ," lh.' ~.\..';': l 'j" \. i ;-, Mr. Todd Hoffman August 4, 1998 Page 2 4. Condemnation costs relating to the Edwards' parcel, including attorney's fees, condemnation commissioner expenses and additional appraisal costs are avoided. Please call if you have any questions. Best regards, CAMPBELL KNUTSON Professional Association By: \ \ \ ~ Thomas M. Scott ~ A::_c c t\- I TMS: cjh 64885 Howard R. Green Company CONSULTING ENGINEERS August 5, 1998 File: 801380j-0045 Mr. Todd Hoffman Park and Recreation Director City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 JIS~ 1U\\~UI~tl Enmns '>="71erly MSA G:.- ')sulting El'Igil'lesrs RE: SCOPE OF SERVICES REVISED ALIGNMENT - BLUFF CREEK TRAIL SEGMENT Dear Mr. Hoffman: We understand that the City of Chanhassen is currently in the process of acquiring land south of Bluff Creek and west of Audubon Road. If acquired, the land will allow fer a revised trail alignment extending south across Bluff Creek to Lyman Boulevard. We are pleased to present to you a scope of services for a revised alignment for the Bluff Creek trail segment. Below is a summary of the fee we estimate will be required to complete the work. TOPOGRAPHICAL SURVEY We originally had discussed the possibility of using aerial photography gener2. [ed contours for the design surface. This would, however, limit the accuracy of :he earthwork quantity for the project. We have had success on the trail project using :he cross sections for computing the earthwork quantity for the trail and bidding the wor~' as a "plan" quantity. We recommend a similar method for the proposed revision. Our estimate to complete the survey work necessary for the change is itemized beley., Registered Land Surveyor Survey Crew Design Technician Project Engineer 1 hour 8 hours 12 hours 4 hours Review Cross Sections and Survey Control Edit Survey Data Review Alignment Sub-Total Expenses 21 hours $2,108.00 ~100.00 $2,200.00 Total The above cost includes time for you and Mr. Paul Kauppi from our office to walk the proposed alignment and stake a centerline alignment to survey a 50-foot wide corr'dor for the trail. The above estimate also includes drafting of the topography in AutoCAiJ, 0: \PRONiO 1380j\380-2709.july .doc '1')I)Qt;nr,..."",D...,,,t..-nloliu^ _ Cot D......1 ~~"I r.::.::;:-1"~ _ c1r']fc,..,... Ittjon '''''....C11''\lc......, nAAC ......1I4..,...,...OOOJOCO JlIJ~'.~ ~S:~T 866T-so-~n~ ~O/~O'd Mr, Todd Hoffman August 5, 1998 Page 2 PLAN AND SPECIFICATION We anticipate that the revised trail segment will require very little or no additicnal specification work, jf the segment is incorporated directly as a change order into the 1998 Chanhassen Trail Project. Therefore, the work included under this sectior is primarily design and layout of the alignment and preparation of plans showin~: the proposed alignment. Also included in this task would be the administration of adding 'his work to the Contract as a change order. This estimate includes design of only one alignment, as staked in the field prior t::; the survey. Our cost for this work can be divided as follows: Project Manager Project Engineer Design Technician 6 hours 16 hours 24 hours Review and Coordination Design and Administration Design Sub-Total Expenses 46 hours $3,372.00 $300.00 Total $3,372.00 CONSTRUCTION SERVICES AND EASEMENTS The savings generated from the deletion of a part of the Bluff Creek segment could be allocated for construction staking of the new segment. While the new segment wi!: be longer than the existing segment proposed to be deleted. we are comfortable we can complete the required work with no additional charge to the City of Chanhassen for construction staking. Inspection will be completed on an hourly basis similar to the ot~er segments. We will minimize inspection time to the greatest extent possible. Because the City of Chanhassen will own the property prior to beginning work on the segment, we are not allocating any time for public involvement or easement work. SUMMARY In summary, we propose to complete the required revisions at a cost of $5,580.00. 'Ne are ready to begin this work immediately upon your approval. We estimate that we could have this work complete in 5 working days. Please let us know if you would like us to proceed. Howard R. Green Company O:'.PROJ\801~~80j\38(l.2709,july.doc CONSULTI NG ENGINEERS t"i]:Tl . d ES:~T 866T-Si]-~0~ Mr. Todd Hoffman August 5, 1998 Page 3 If you have any questions about the above scope of selilices. please give us a call. Sincerely, Howard R. Green Company j)CU^lu~ David E. Nyberg, P,E. Project Manager DENlst cc: Mr. Paul Kauppi, Howard R. Green Company Howard R, Green Company O:\PROJiliOI3ROji3S0-2i09.july.doc CONSULTING ENGINEERS rOr[1'd [S:rl 8661-S0-8n~ Professional Association Attorneys at Law RECEIVED AUG 03 1998 CAMPBELL KNUTSON CITY OF CH^NH~:-:,~ti\ Thom"s J. Camrbdl R,)ger l\:. Knllbon Thomas ~ 1. Sc,m Elliot[ B. Knetsch 511esan Lea Pace (612) 452-5000 Fax (612) 452-5550 . . . J"d J. Jamnik An,lre.l ~kL\1\vdl r,)ehler ~Ia~the\\' K. Br,)k!" John F. Kelly ~LHthe\\' J. F"li 0.Lm:lIerite 0.1. ~IcCam1I1 Gel)r"e T. Sterhen,.m ~ ".-l.~' ,11.\'llS.:j in \\'1',., '1:'11, f)f:~ )?:_.' . . l.;f 1".1 l....'"..,.. '-.~ /f".~ Writer's Direct Dial: 234-6224 Writer's Fax: 452-5550 July 31, 1998 Mr. Marlin D. Edwards 5631 Starview Lane Prior Lake, MN 55372 Re: City of Chanhassen / Park Acquisitions Our File No. 12668/489 Dear Mr. Edwards: Pursuant to the instructions of your attorney, Gary Monihan, enclosed please find two original Purchase Agreements in connection with the sale of Outlot A, Sun Ridge Third Addition to the City of Chanhassen. Please have each of the Agreements signed in the presence of a notary public as soon as you return on Wednesday, August 5th. Once the Agreements have been executed and notarized, please call me so that I can arrange to have the Agreements picked up and delivered to Chanhassen City Hall. This item can then be placed on the next City Council agenda. Once the Agreements have been executed by the City, I will return a fully executed copy to you for your records. If you have any questions, please call me. Thank you. Very truly yours, CAMPBELL KNUTSON Professiof)al Association By(~4~4t21c Andrea McDowell Poehler AMP:kgm cc: Todd Hoffman (w/enc) Suite 317 · Eagandale Office Center · 1380 Corrorate Center CUf\'e · Eagan, i'c iN 55121 REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this _ day of , 1998, 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 "Buyer"), and MARLIN D. EDWARDS and LINDA K. EDWARDS, a married couple, of 5631 Starview Lane, Prior Lake, Minnesota, 55372, (referred to herein as the "Sellers"). IN CONSIDERATION of the mutual covenants and agreements herein, it is hereby mutually agreed by Sellers and Buyer as follows: SECTION 1. SALE AND PURCHASE OF LAND 1.1) Sellers shall sell to Buyer and Buyer shall purchase from Sellers, upon the terms and conditions hereof, the following property (referred to as the "Subject Property"): 1.1.1) The land in Carver County, Chanhassen, Minnesota, legally described on Exhibit "A" attached hereto and incorporated herein, together with all right, title, and interest in and to any roads, rights of access, or alleys adjoining or servicing such land, rights-of-way, or easements appurtenant thereto. 1.1.2) Any improvements and fixtures located on the Land as of the date of Closing; 1.1.3) All rents, leases, contract rights, causes of action, permits, licenses, and other rights relating to the Subject Property. SECTION 2. PURCHASE PRICE 2.1) The purchase price for the Subject Property shall be Eighty-Four Thousand and No/lOOths ($84,000.00) Dollars (the "Purchase Price") and shall be payable by Buyer to Sellers by check on the date of closing. 64602 SECTION 3. TITLE MATTERS 3.1) Sellers shall cause to be furnished to Buyer within twenty (20) days hereof a current commitment for the issuance of a 1987/1990 ALTA Form B owner's policy of title insurance (the "Commitment") issued by a Title Insurance Company acceptable to Buyer ("Title") in the amount of the Purchase Price, committing to insure that Buyer will have good and marketable title to the Subject Property, free of any exceptions to title, except matters to which Buyer may consent in writing. 3.2) In the event any exceptions are listed in the Commitment for title insurance, the Sellers shall promptly cause the exception to be removed. If the Sellers fails to remove the same within the time allowed for closing on the Subject Property, the Buyer (at Buyer's option) shall have the right to: (a) terminate this Agreement; or (b) cause the exceptiones) to be removed and credit Buyer's cost to remove the exceptiones) against the Purchase Price. SECTION 4. CLOSING 4.1) The closing (the "Closing") shall be at a location designated by Buyer, and shall occur on or before August 31, 1998 as determined by Buyer upon five (5) days notice to Sellers (the "Closing Date"). 4.2) On the Closing Date, Sellers shall deliver to Buyer possession of the Subject Property free of any and all debris, and all personalty not included in the sale of the Subject Property. 4.3) On the Closing Date, Sellers shall execute and deliver or otherwise provide to Buyer: 4.3.1) A duly executed warranty deed, subject only to the exceptions consented to by Buyer; 64602 2 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 Sellers, and no labor or materials have been furnished to the Subject Property for which payment has not been made, and that to the best of Sellers's knowledge there are no unrecorded interests relating to the Subject Property; and 4.3.3) A certificate on a form acceptable to Sellers that all of the covenants, representations and warranties of Sellers as set forth in Section 5 are true and correct as of the Closing Date. 4.4) Sellers shall pay at Closing all general real estate taxes levied against the 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. Sellers shall pay at closing the remaining balance on all levied and pending special assessments owing against the Subject Property. Sellers and Buyer shall prorate to the date of Closing all the general real estate taxes levied against the Subject Property due and payable in the year of Closing. 4.5) Buyer shall pay at Closing: 4.5.1) state deed tax; 4.5.2) all costs of updating the abstract of title and all costs associated with obtaining a title insurance commitment, including name searches, tax searches, bankruptcy searches, and property inspection fees; 4.5.3) recording fees for corrective instruments required to remove encumbrances and place marketable title in Buyer's name; and 4.5.4) all recording fees and charges relating to the filing of the deed; 4.5.5) title insurance premiums; and 4.5.6) the Closing fee charged by a title company. 64602 3 SECTION 5. COVENANTS. REPRESENTATIONS. AND WARRANTIES OF Sellers 5.1) Sellers, as an inducement to Buyer to enter into this Agreement, and as part of the consideration therefor, represents, warrants, and covenants with Buyer 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 or arising out of the occupancy of the Subject Property, except the rights granted to a third party to plant, cultivate and harvest a crop in calendar year 1998; 5.1. 2) Sellers 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) To the best knowledge of Sellers, no 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 Sellers or Buyer 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 D.S.C. Sec. 9601 et seq., as amended ("CERCLAtl) and any state environmental laws. 5.1.4) To the best knowledge of Sellers, no person or entity, has, at any time, ever instalied, used, or removed any underground storage tank on or in connection with the Subject Property; 5.1.5) There are no wells located on the Subject Property or Easement Property; and 64602 4 Sellers shall indemnify Buyer, its successors and assigns, against, and shall hold Buyer, its successors and assigns, harmless from, any and all losses, liabilities, claims, fines, penalties, forfeitures, damages, administrative orders, consent agreements and orders, and the costs and expenses incident thereto, including, without limitation, reasonable attorneys' fees, consultants' fees and laboratory fees, which may at any time be imposed upon, incurred by or awarded against Buyer as a result of or in connection with the breach of any of the above representations and warranties. 5.2) The covenants, representations, and warranties contained in Section 5 shall be deemed to benefit Buyer and its successors and assigns and shall survive any termination or expiration of this Purchase Agreement or the giving of the Deed. All of Sellers's covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. SECTION 6. ENVIRONMENTAL/SOIL INVESTIGATION AND TESTING 6.1) Buyer and its agents shall have the right, at the sole option of Buyer, to enter upon the Subject Property without charge and at all reasonable times from the date of the execution of this Agreement, to perform such environmental investigation and soil tests as Buyer may reasonably deem appropriate. If Buyer investigates and tests the Subject Property pursuant to this section, Buyer shall pay all costs and expenses of such investigation and testing and shall hold Sellers harmless from all costs and liabilities arising out of Buyer's activities. If the purchase and sale contemplated by this Agreement is not closed, Buyer shall, at its own expense, repair and restore any damage to the Subject Property caused by 64602 5 Buyer's investigation and testing, and shall return the Subject Property to substantially the same condition as existed prior to such entry. SECTION 7. RIGHTS OF THIRD PARTY TO FARM SUBJECT PROPERTY 7.1) Seller has permitted Gayle Degler to use a portion of the Subject Property for calendar year 1998 for the purpose of planting, cultivating and harvesting a small grain, corn, soybean or similar crop. Buyer will take title to the Subject Property subject to such rights of Degler for the year 1998 and subject to a written Agreement between Buyer and Degler, which acknowledges that Buyer may need to access the Subject Property and begin construction of a trail prior to the harvest of Degler's crop and will compensate Degler for any crops destroyed as follows: 50 bushels/acre at $7.00/bushel. SECTION 8. CONTINGENCIES 8.1) The obligations of Buyer under this Agreement are contingent upon each of the following: 8.1. 1) The representations and warranties of Sellers set forth in Section 5 of this Agreement must be true as of the date of this Agreement and on the Closing Date, and Sellers shall have delivered to Buyer at Closing a certificate dated the Closing Date, signed by Sellers, certifying that such representations and warranties are true as of the Closing Date; 8.1.2) Buyer shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of the survey, and environmental/soil investigations and tests of the Subject Property. 8.1.3) Buyer and Degler entering into a written Agreement with terms acceptable to Buyer. 64602 6 With the exception of the contingency set forth in Section 8.1.1, if any of the remaining contingencies have not been satisfied by at least seven days before the Closing Date, the Buyer may, at Buyer's option, terminate this Agreement by giving written notice to Sellers. Upon such termination, neither party shall have any further rights or obligations under this Agreement. The contingencies are for the sole and exclusive benefit of Buyer, and Buyer shall have the right to waive the contingencies by giving written notice to Sellers. SECTION 9. MISCELLANEOUS 9.1) The covenants, warranties and representations made by Sellers shall survive the Closing of this transaction. 9.2) Sellers hereby indemnifies Buyer for any claim, cost, or damage related to any brokerage fee due because of this Agreement. 9.3) 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 Sellers or Buyer. 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 Sellers or Buyer at the applicable address stated on the first page of this Agreement. 9.4) Time shall be of the essence in this Agreement. If any date or time prescribed by this Agreement falls on a Saturday, Sunday or holiday, such date or time shall automatically be extended to the next normal business day. 9.5) 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 64602 7 reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 9.6) This Agreement represents the entire agreement of the parties with respect to the Subject 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. This Agreement may not be changed or modified except by a written agreement signed by Sellers and Buyer. 9.7) If Buyer defaults under any of the terms hereof, Sellers shall have the right to pursue any remedies available to Sellers at law or in equity, including without limitation, specific performance, damages (including reasonable attorney's fees), and to the cancellation of this Agreement. 9.8) If Sellers 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, then Buyer shall have the right to pursue any remedies that are available to Buyer at law or in equity, including without limitation, specific performance and damages (including attorney's fees). and to the cancellation of this Agreement. . ~ 9.9) 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. 9.10) Failure of any party to exercise any right arising out of a breach of this Agreement shall not be deemed a waiver of any right with respect to any subsequent or different breach, or the continuance of any existing breach. 64602 8 9.11) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 9.12) This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN "VITNESS "VHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: SELLERS: CITY OF CHANHASSEN By: Nancy K. Mancino, Mayor Marlin D. Edwards By: Don Ashworth City Manager/Clerk Linda K. Ed wards ST ATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1998, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and City Manager/Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 64602 9 STATE OF MINNESOTA) ) ss. ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1998, by Marlin D. Edwards and Linda K. Edwards, a married couple. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 AMP 64602 10 EXHIBIT II A" to REAL EST ATE PURCHASE AGREEMENT Le2al Description of the Subject Property Outlot A, SUN RIDGE THIRD ADDITION, according to the plat thereof on file and of record in the office of the Registrar of Titles, Carver County, Minnesota. 64602 11 CAMPBELL KNUTSON RECEIVED AUG 03 1998 Professional Association Attorneys at Law CITY OF CHANHASSEN Thomas J. Camrbell Rllger l". Knutslln Thomas M. SLott Ellintt B. KnetsLh Suesan Lea Pace ( 612) 45 2 - 5 000 Fax (612) 452-5550 July 30, 1998 Jnd J. Jamnik Andrea ~kDllwell Poehler ~ Lmhew K. Brnkl" Jnhn F. Kelil ~latthew J. F,,[i 1:." !\larguerite ~L ~kCart\1n. '.. Ueorge T. SterhenS,)l) , Jl'1"'''.'''''''''''''' Ms. Gayle Degler 1630 Lyman Boulevard Chanhassen, Minnesota 55317 Re: City of Chanhassen - Park Acquisition Dear Ms. Degler: Enclosed herewith please find the original and one copy of an Agreement with the City of Chanhassen for the purchase of Outlot A, Sun Ridge Third Addition. Please sign both copies of the enclosed Agreement, have your signature notarized and return both copies of the signed Agreement to me as soon as possible. I have enclosed a self-addressed, stamped envelope for your convenience in returning the signed and notarized Agreement to me. Upon execution by the City, I will return a signed copy of the Agreement to you. If you have any questions or changes regarding the above, please give me a call. Very truly yours, CAMPBELL KNUTSON Professional Association ~ - .~ .' ,/.' .' / ? /: . I . l" / ...' .. By: h/l;~/;t;dcdL v Andrea McDowell Poehler AMP:cjh Enclosure cc: Mr. Todd Hoffman Suite 317 · Eagandale Office Center · 1380 Corporate Center CUf\'e · Eagan, NIN 55121 AGREEMENT AGREEMENT made this day of , 1998, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and GAYLE DEGLER, a single individual ("Degler"), with street address located at 1630 Lyman Boulevard, Chanhassen, Minnesota 55317. WHEREAS, the City of Chanhassen is purchasing the property legally described as follows: Outlot A, SUN RIDGE THIRD ADDITION, according to the plat thereof on file and of record in the office of the Registrar of Titles, Carver County, Minnesota ("Subject Property"). WHEREAS, Degler is currently using approximately 3.5 acres of tillable land located within the Subject Property for farming purposes and desires to continue farming the Subject Property following the City's purchase of the Subject Property through the 1998 harvest season. IN CONSIDERATION OF THE MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. Property . Upon City's purchase of the Subject Property, the City authorizes Degler to continue use of that portion of the Subject Property currently planted for farming purposes only. 64722 2. Term. This Agreement shall commence when it has been fully executed by both parties and acquisition of the Subject Property by the City and shall continue through the 1998 harvest. 3. Rent. Degler shall not be required to pay rent for the crops farmed on the Subject Property. 4. Operation. Degler shall use extreme care in tilling, cultivating, spraying and harvesting the Subject Property to prevent dust and chemical spray from drifting toward existing residences in the area. The City reserves the right to restrict Degler's activities based upon wind conditions and other factors in order to mitigate the impact of farming activities on adjacent residential property. 5. Entering by City. The City, its officers, employees, and agents shall have the right to enter the Subject Property at any time for any purpose. 6. Assignment. Degler may not assign his rights under this Agreement. 7. Cancellation and Removal of Acreage. The City reserves the right to cancel this Agreement at any time or remove acreage from this Agreement, without notice to Degler. In the case of a cancellation or removal of acreage, the City shall compensate Degler for any crops destroyed as follows: 50 bushels/acre at $7.00/bushel 8. Property Taxes. Degler shall be responsible for all personal property taxes incurred as a result of this Agreement. 64722 2 9. Indemnification. Degler shall indemnify and hold the City harmless against any liability, loss, costs, damages or claims, including reasonable attorney's fees which the City may sustain arising out of Degler's use of the Subject Property. 10. Entire Agreement/Modifications. This instrument covers all agreements and understandings between the City and Degler with respect to the Degler's use of the Subject Property. Any modifications to this Agreement shall be made in writing and signed by both parties. CITY OF CHANHASSEN By: Nancy K. Mancino, Mayor By: Don Ashworth City Manager/Clerk Gayle Degler 64722 3 STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1998, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and City Manager/Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation. on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , 1998, by Gayle Degler, a single person. day of Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 AMP 64722 4 if, CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jay Kronick, Chair, 1995 Park Task Force Jane Quilling, Vice-Chair, 1995 Park Task Force Todd Hoffman, Secretary, 1995 Park Task Force DATE: August 9, 1995 SUBJ: Preliminary Findings and Recommendations of the 1995 Park Task Force The 1995 Park Task Force presented their preliminary findings to the Park & Recreation Commission on August 8, 1995 (see attached report). Upon completion of the discussion between the commission and task force, members of the Park & Recreation Commission took the following action: "Commissioner Andrews moved, Commissioner Meger seconded to recommend the 1995 Park Task Force forward their recommendations to the city council with the following mutually agreed upon amendment: 2b. Delete Highway 101 trail. Add Bluff Creek Trail (Highway 5 to Lyman Blvd.) This amendment is in reaction to your memorandum to the Mayor and City Council regarding Highway 101 (attached). All commissioners voted in favor and the motion passed." RECOMMENDATION It is the recommendation of the 1995 Park Task Force, as confirmed by the Park & Recreation Commission, to pursue a referendum to accomplish the following: 1. Regarding the acquisition of open lands: Mr. Don Ashworth August 9, 1995 Page 2 ParmI 2B (a newly identified property Size: 8.65 acres To complish preservation of the Bluff Creek Corridor, purs cquisition of the following parcels: ParmI 2A Size: Greater than 40 acres. Land Owners: Degler, Degler, Peterson, Chaska Investment CorporationlWallingford Properties, JeUl'issen and To accomplish the preservation of wooded lands, pursue acquisition of the following parcels: ParrellA Size: 30-40 acres Land Owner: Fox ParmI lB Size: 15-20 acres Land Owner: Chaska Investment CorporationlW allingford Properties To accomplish the acquisition of land for future community park use, pursue acquisition of either the combination of Parcel 3C and 3D or the combination of Parcels 3E and 3F (newly identified properties). Mr. Don Ashworth August 9, 1995 Page 3 Parcels 3C and 3D Size: Approximately 80 acres each. Land Owner 3C: Peterson Land Owner 3D: Chaska Investment Corporation/Wallingford Prop. Parcels 3E and 3F Size Parcel 3E: 67.3 acres Land Owners: Dean and Lois Degler Size Parcel 3F: 80 acres Land Owners: Gayle and Lois Degler Parrel 3G (newly identified property) Size: 5:!:. acres Land Owner: Hanson 2. Regarding the construction of multi-purpose trails: It is recommended that the following trail segments be pursued: a. Powers Boulevard north from Santa Vera Drive to the City of Shorewood. b. Bluff Creek from State Highway 5 to Lyman Boulevard. 3. Regarding the development of Bandimere Community Park: It is recommended that this item, at a cost of approximately $1.2 million be included as a stand alone referendum question. In addition, the following recommendations are being made: 1. The referendum voting day be targeted for Tuesday, October 17, 1995. 2. The city attorney's office be retained to negotiate all purchase options and purchase agreements. It is the unanimous opinion of the Task Force that any and all purchase options be in place prior to the referendum being held. PARK TASK FORCE BUDGET If the city council confirms the Task Force findings, it is recommended that a working budget (printing, publishing, professional services, appraisals, postage) not to exceed $25,000 be authorized. Dollars currently allocated in Park Mr. Don Ashworth August 9, 1995 Page 4 Acquisition and Development and election budgets are capable of absorbing these costs. This expenditure will not adversely affect work currently programmed under these budgets. ATIACHMENTS 1. Report to the Park & Recreation Commission dated August 2, 1995. 2. Memo from Don Ashworth dated August 8, 1995. 3. Project Maps. 4. Referendum Brochure Publicity Outline, First Draft. c: All landowners listed 1995 Park Task Force Members Park & Recreation Commission Manager Comment: Both the City Engineer and myself left the August 7, 1995 meeting with MnDOT (regarding Hwy. 101) believing that 101 would be reconstructed. The Task Force's recommendation relied upon that information. Hopefully, the next 60-90 days will confirm MnDOT's beliefs. ~;1J]2 L CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 October 23, 1995 Mr. Marlin Edwards 5631 Starview Lane Prior Lake, MN 55372 Dear Mr. Edwards: The city continues to work on a park and open space acquisition and development campaign. The effort is proposed to include approximately $2.8 million in land acquisition, $1.2 million in park development, and $1 million in trail development. A vote on a proposal is scheduled for June of 1996 at the earliest. The city is currently arranging for appraisals to be completed ofland parcels identified as "potential" acquisitions. As you are aware, all or a portion of your property is included in this category. I need to know if you are interested in participating in the appraisal process. As I indicated in a previous letter, I am not interested in courting unwilling sellers. If you have no interest in my advancements, simply let me know. I have enclosed a response sheet and some additional information regarding the city's proposal. Please return your response in the enclosed envelope at your earliest convenience. My hope is to put the appraiser to work in the next week or two. Thank you. Do not hesitate to call me direct at 937-1900 ext. 121 if you would like to discuss this issue. Sincerely, -;;:;:;<f'/ #- Todd Hoffman, CLP Park & Recreation Director TH:k Response to the City of Chanhassen Regarding land appraisal for the following property: Owner: Marlin Edwards r :!ilf ~ ~ !J ~f'~ 1: :;~~~.~ (~0~"~' . '.~ ~. f:.~ r-t! ,..' '~""I"I..\ \,,',. "., -. ~ \W, . ~ ~.. # i i iii ..:0. ., '.... ,~ p....:.I . ':-, ~,' 10 i"''' r: [)r;>r.;' 1_,'1,_,.""" :t!;~"JI L:! ;i. ~: !:; i t~; I :~.! L~/;~ J Parcel Description: The outlot of Lot 3, Block 1, Sun Ridge Addition . "'.' I 1 ..... 'gC'll"' ;\ '.' ~! tJ I :::J;) ir'fif>:H:[o)"i"I~;J~ D"'Po,; ~"': 11 r.l-7-' ~ i? ..~';j:" ! 'I' I to. ~lotUt .Letlhu '" J J ~ I -~ ., t!~~ ..J Q: t- - fo... - ~ c.:i - 'y( Yes, the City ofChanhassen may proceed with an appraisal of the property described above. Furthermore, I am willing to participate in discussions regarding the potential sale of this property. Please indicate a phone num~~you ~J!J?e~ed at: Jay ~(11J- SO:' --{.h7-1~ Z 3> /~;;:.~~ o No, I am not interested in selling the property described above to the city. BLUFF CREEK TRAIL ~j{jN' lEe 1997 ~ ~ NO. OA 1E 8Y I _r"'SiON I OrSCRlPnON ~ I I ~ 1 ~ 1326 ENERCY PAlIK . ST. PAUL. IIINNESOT DRIVE .. (6 A ~Ioa . Hovvard R 12) 644-4389 CONSULTING E~~ Company [