D-5. Lots 2919 and 2920, Carver Beach: Approve Vacant Land Purchase Agreement for Sale to Robert & Karen WrightMEMORANDUM
CITY OF CHANHASSEN
Chanhassen is Community for Life -Providing for Today and Planning for Tomorrow
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Director of Public Works/City Engineer �t
DATE: August 28, 2017
SUBJ: Approve Vacant Land Purchase Agreement for Sale to Robert & Karen Wright
PROPOSED MOTION
"The City Council approves a Vacant Land Purchase Agreement for Sale to Robert & Karen
Wright."
City Council approval requires a simple majority vote of the City Council present.
DISCUSSION
The City owns a vacant .04 acres parcel at the end of Yuma Drive. The adjacent property owner wishes
to purchase the property. The City has researched the parcel and does not have a need to keep the parcel.
The sale of the parcel has been agreed to in the amount of $8,100 which is the tax assessed value of the
parcel. The property owner will pay all closing costs. The property owner is also required to combine
all the parcels they own into one parcel identification number. The closing of the property is tentatively
scheduled for August 30, 2017. There is a dead tree on the property the City as agreed to remove with
City forces. The tree will be removed by the end of the year.
Attachments: Vacant Land Purchase Agreement
Property Report Card
gAeng\paul\memos\082817 bkgd cc property sale yuma.doc
PH 952.227.1100 • www.d.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
VACANT LAND PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on the day of , 2017,
by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, 7700 Market
Boulevard, P. O. Box 147, Chanhassen, Minnesota 55317 ("Seller"), and, ROBERT L. WRIGHT
and KAREN A. WRIGHT, husband and wife, residing at 6911 Yuma Drive, Chanhassen, MN
55317 ("Purchasers").
2. OFFER/ACCEPTANCE. Purchasers offer to purchase and Seller agrees to sell the
following the real property located in Carver County, Minnesota, described on the Exhibit A
attached hereto and incorporated herein by reference ("Property").
3. PRICE AND TERMS. The purchase price for the Property included under this Purchase
Agreement is approximately Eighty-one Hundred and no/100 Dollars ($8,100.00) ("Purchase
Price") payable in cash or wire transfer of U.S. Federal Funds on the Closing Date as hereinafter
defined.
4. DEED/MARKETABLE TITLE. Upon performance by Purchasers, Seller shall execute and
deliver to Purchasers a Quit Claim Deed to the property.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Purchaser shall assume the
payment of the following as of the Closing Date: (i) all real estate taxes; (ii) all levied or pending
special assessments; (iii) all utility bills; and (iv) any and all other amounts owed in connection
with the use of the Property.
6. ACCESS TO PROPERTY. Seller acknowledges that Purchasers and Purchasers' agents
shall have access to the Property without charge and at reasonable times for the purpose of
Purchasers' survey, investigation and testing of the Property ("Investigation"). Purchasers shall
make a good faith effort to notify Seller in advance of the dates and times Purchasers' plans to
require access to the Property for purposes of the Investigation (email is sufficient). Purchasers
shall pay all costs and expenses of Investigation and Purchasers shall hold harmless and
indemnify the Property and Seller, its successors and assigns, from and against any and all
claims, suits, losses, liabilities, and expenses (including attorney's fees, expert's fees, and other
expenses of litigation) on account of injury to or death of any persons (including Purchasers') or
damage to property or contamination of or adverse effects on the environment or liens against
Seller or the Property, caused by Purchasers' entry onto the Property. Purchasers' obligations
under this Section shall survive the termination of this Agreement or the Closing. Purchasers
shall repair and restore any damage to the Property caused by or occurring during Purchasers'
Investigation and return the Property to substantially the same condition as existed prior to any
Investigation. Purchasers shall have the right in its sole discretion to contact various public
officials and administrators to verify information regarding the status of the Property and to
determine that the Property is suitable for Purchasers' intended use.
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7. POSSESSION. Seller shall deliver possession of the Property not later than the actual date of
closing.
8. NOTICES. All notices required herein shall be in writing and delivered personally or mailed
to the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing.
9. WELL DISCLOSURE. [Check one of the following: J
XX Seller certifies that Seller does not know of any wells on the Property.
Wells on the Property are disclosed by Seller on the attached Well Disclosure form.
10. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM.
[Check one of the following: ]
XX Seller certifies that Seller does not know of any individual on-site sewage treatment
systems on the Property.
Individual on-site sewage treatment systems on the Property are disclosed by Seller on the
attached Disclosure form.
11. SELLER'S REPRESENTATIONS. Seller has not made, does not make, and has not
authorized any other person or party to make any representations or warranties as to the present
or future physical condition, value, presence/absence of hazardous substances, financing status,
leasing, operation, use, tax status, income and expenses or any other matter or thing pertaining to
the Property, improvements located on the Property or the condition of the title to the Property.
Seller makes no warranty or representation, express or implied or arising by operation of law,
including, without limitation, any warranty of condition, habitability, merchantability, or fitness
for a particular purpose of the Property. Seller shall not be liable for or bound by any verbal or
written statements, representations, advertisements or information pertaining to the Property on
the condition of the title thereto, furnished by any agent, employee, servant, or any other person
or party unless the same are specifically set forth in this Agreement.
Purchasers acknowledge that the Property is being purchased "As -Is" and "Where -Is" and that
the Seller makes no representation or warranty regarding the Property, improvements located on
the Property, or the condition of title thereto and that in entering into this Agreement Purchasers
have not relied on any representation or warranty of Seller pertaining to the Property or the
condition of the title thereto. Purchasers have had the right to inspect the Property and accepts
the Property in its current "As -Is" condition.
12. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this
Agreement shall occur at the office of Purchasers' title company or such other location agreed
upon by the parties, and shall occur on or before August 30, 2017 ("Closing Date"). At closing,
Seller and Purchasers shall disclose their Social Security Numbers or Federal Tax Identification
Numbers for the purposes of completing state and federal tax forms.
13. CLOSING DOCUMENTS. On or prior to the date of Closing, Seller shall:
193450v2 2
A. Execute, acknowledge and deliver to Purchasers a duly executed quit claim deed
in recordable form, conveying to Purchasers any interest of Seller in the Property;
B. Execute and deliver to Purchasers such other documents as may be required by
this Agreement or as may be reasonably required by Title Company, including
well disclosures and sewage treatment system disclosures;
C. Execute and deliver to Purchasers a standard form affidavit by the Seller
indicating that on the date of Closing there are no outstanding, unsatisfied
judgments, tax liens or bankruptcies against or involving Seller or the Property;
that there has been no skill, labor or material furnished to the Property for which
payment has not been made or for which mechanic's liens could be filed; and that
there are no other unrecorded interests in the Property;
D. If required, execute and deliver to Purchasers an affidavit with respect to storage
tanks pursuant to Minn. Stat. § 116.48;
E. If there is a well located on the Property, execute and deliver to Purchasers a well
disclosure certificate in form and substance true to form for recording; and
F. Pay all closing fees and costs required under the terms of this Agreement.
14. PURCHASERS' OBLIGATIONS AT CLOSING. At Closing and subject to the terms,
conditions, and provisions hereof and the performance by Seller of his obligations as set forth
above, Purchasers shall:
A. Payment of the Purchase Price; and
B. Pay all closing fees and costs required under the terms of this Agreement.
15. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as
follows:
A. Purchasers shall pay:
(1) Recording fee for the quit claim deed;
(2) The closing fee charged by the Title Company;
(3) The cost for a title commitment and premium for owner's title insurance;
(4) The cost for any consultants hired by Purchasers in connection with this
transaction, including attorneys and engineers.
193450v2 3
B. Seller shall pay:
(1) State deed tax; and
(2) Conservation fee attributable to the Limited Warranty Deed.
16. ADDITIONAL TERMS.
A. Seller's Contingencies. Seller's obligations under this Agreement are contingent upon
expressly contingent upon Seller's satisfaction with each of the following ("Seller's
Contingencies") prior to Closing:
(1) Purchasers combining the Purchasers' two parcels (consisting of parcel
identification nos. 251602061 and 251602071) and the Property under a
single tax parcel at Closing.
Seller and Purchasers agree that the transaction contemplated herein is contingent
upon the performance or resolution of the contingencies contained in this Section. In
the event any of the Contingencies have not been satisfied or waived, in the sole and
absolute judgment of Seller by Closing, the Seller may terminate this Agreement by
giving written notice to the Purchasers. The Contingencies are for the sole benefit of
the Seller and the Seller shall have the right to waive any or all of the Seller
Contingencies by written notice to the Purchasers. Termination of this Agreement by
Seller as a result of any of the Contingencies not being satisfied shall result in both
parties hereto being relieved of any further rights, responsibilities or obligations
hereunder.
B. Purchasers' Contingencies. Purchasers' obligations under this Agreement are expressly
contingent upon Purchaser's satisfaction with each of the following ("Purchasers'
Contingencies"), prior to Closing:
(1) Purchasers' satisfaction with the title to the Property and any investigation of the
Property conducted by Purchasers prior to Closing; and
Seller and Purchasers agree that the transaction contemplated herein is contingent
upon the performance or resolution of the contingencies contained in this Section. In
the event any of the Contingencies have not been satisfied or waived, in the sole and
absolute judgment of Purchasers by Closing, the Purchasers may terminate this
Agreement by giving written notice to the Seller. The Contingencies are for the sole
benefit of the Purchasers and the Purchasers shall have the right to waive any or all of
the Purchasers' Contingencies by written notice to the seller. Termination of this
Agreement by Purchasers as a result of any of the Contingencies not being satisfied
shall result in both parties hereto being relieved of any further rights, responsibilities
or obligations hereunder.
193450v2
C. Seller agrees to remove the dead tree located on the Property on or before December
31, 2017.
17. DEFAULT; REMEDIES. If Seller has performed or is ready, willing and able to perform
all obligations required by this Agreement and Purchasers shall fail or refuse to perform this
Agreement within the time and in the manner provided, then Seller's sole remedy shall be the
right to terminate this Agreement by giving a 30 -day written notice to Purchasers pursuant to
Minnesota Statutes section 559.21, as it may be amended for time to time. If Purchasers fails to
cure such default within thirty (30) days of the date of such notice, this Agreement will
terminate. Upon termination, parties shall have no further rights and obligations hereunder other
than those rights and/or obligations which are expressly stated to survive expiration or
termination of this Agreement.
If Purchasers have performed or is ready, willing and able to perform all obligations
required by this Agreement and Seller shall fail or refuse to perform this Agreement within the
time and in the manner provided, then Purchasers, at their option may terminate this Agreement
by giving written notice thereof to Seller, in which case the parties shall have no further rights
and obligations hereunder other than those rights and/or obligations which are expressly stated to
survive expiration or termination of this Agreement.
18. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Agreement.
19. NO AGENCY. None of the provisions herein shall be construed to establish an agency,
partnership or joint venture relationship between Seller and Purchasers for any purpose.
20. ATTORNEYS'S FEES. If any party hereto fails to perform any of its obligations under this
Agreement or if any dispute arises between the parties hereto concerning the meaning or
interpretation of any provision of this Agreement, then the defaulting party or the party not
prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred
by the other party, including reasonable attorney's fees.
21. ASSIGNMENT. This Agreement shall not be assigned without approval of the non -
assigning party.
22. SEVERABILITY. In the event any provision of this Agreement shall be held to be invalid,
unenforceable or in conflict with the law of the jurisdiction, the remaining provisions of this
Agreement shall continue to be valid, enforceable and not be affected by such holding.
23. TIME PERIODS. In the event the time for performance of any obligation hereunder expires
on a Saturday, Sunday or legal holiday in the State of Minnesota, the time for performance shall be
extended to the next succeeding day which is not a Saturday, Sunday or legal holiday in the State
of Minnesota.
24. DESCRIPTIVE HEADINGS. The descriptive headings of the paragraphs of this Agreement
are for convenience only and shall not control or affect the meaning or construction of any
provision hereof.
193450v2 5
24. DESCRIPTIVE HEADINGS. The descriptive headings of the paragraphs of this Agreement
are for convenience only and shall not control or affect the meaning or construction of any
provision hereof.
25. NO WAIVER. The waiver by one party of the performance of any covenant or condition
hereunder shall not invalidate this Agreement, nor shall it be considered to be a waiver by such
party of any other covenant or condition hereunder. The waiver by any or all of the parties of the
time for performing any action shall not constitute a waiver of the time for performing any other
act or identical act required to be performed at a later time. The exercise of any remedy provided
by law and the provisions of this Agreement of any remedy shall not exclude other remedies unless
they are expressly excluded.
26. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with
respect to the transaction hereinabove set forth and may not be amended or modified in whole or
in part except with the consent of both of the parties hereto in writing.
27. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota.
28. SIGNATURES BY COUNTERPARTS/FACSIMILE. This Agreement may be executed
in counterparts. Signatures may be transmitted via facsimile or in "PDF" format via e-mail.
[The remainder of this page intentionally left blank. Signature pages and Exhibits follow.]
193450v2 6
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year written above.
SELLER:
CITY OF CHANHASSEN
Dated: , 2017
Denny Laufenburger, Its Mayor
And:
Todd Gerhardt, Its City Manager
193450v2
PUR SERS•
Aobe right
i
aren A. Wright
193450v2
EXHIBIT A
PROPERTY:
Lots 2919 and 2920, Carver Beach, Carver County, Minnesota, according to the recorded plat
thereof.
193450v2
Property Card Parcel ID Number 251602070
Taxpayer Information
Taxpayer Name
CHANHASSEN CITY
C/O CITY FINANCE DIRECTOR
Mailing Address
PO BOX 147
CHANHASSEN, MN 55317-0147
Property Address
S
City
Parcel Information
Uses Muni Srvc Other
GIS Acres 0.09 Net Acres
Deeded Acres
Plat CARVER BEACH
Lot
Block
Tax Description LOTS 2919 & 2920
Building Information
Building Style
Above Grade
Bedrooms
Last Sale
Finished Sq Ft
$7,700.00
Year Built
Garage
Building
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0276 WS 064 RILEY PURG BLUFF N N N
Assessor Information
Estimated Market Value
2016 Values
(Payable 2017)
2017 Values
(Payable 2018)
Last Sale
Land
$7,700.00
$8,100.00
Date of Sale
Building
$0.00
$0.00
Sale Value
Total
$7,700.00
$8,100.00
The data provided herewith is for reference purposes only. This data is not suitable for legal, engineering, surveying or other similar purposes. Carver County does not guarantee the accuracy of the
information contained herein. This data is fumished on an 'as is' basis and Carver County makes no representations or warranties, either expressed or implied, for the merchantability or fitness of the
information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the user of the data
provided herein acknowledges that Carver County shall not be liable for any damages, and by using this data in any way expressly waives all claims, and agrees to defend, indemnify, and hold
harmless Carver County, its officials, officers, agents, employees, etc. from any and all claims brought by anyone who uses the information provided for herein, its employees or agents, or
third parties which arise out of users access. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user includes
with the data a copy of this disclaimer.
Monday, August 21, 2017 Carver County, MN