1e Infiltration/Inflow Improvements (2)
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
~(1;
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Paul Oehme, Dir. of Public Works/City Engineer 1(' D .
i)~.
DATE:
December 12, 2005
SUBJ:
2006 Street Improvements: Consider Land Purchase Agreement
for Storm Pond Improvement - Project No. 06-01
REQUESTED ACTION
Council is requested to approve the land acquisition agreement with Bill Coffman
for a parcel on Yosemite Road.
BACKGROUND
Street
Inc.
On
for
DISCUSSION
.
.
.
Staff is working with Ann Nye utility easement on her
property. Staff has nearly and should be ready for
Council consideration at their meeting in January, 2006. Staff has
obtained a drainage and utility easement from Barry Conda.
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
December 12, 2005
Page 2
Staff met with Bill Coffman, the owner of the parcel along Yosemite to discuss
the findings of the appraisal for his parcel. The appraisal looked at similar land
values in the area. The parcel is 3.56 acres and was appraised at $681,000. The
appraisal is available in the Engineering Department for review.
The purchase agreement is for $510,750, of which $100,000 will be paid to the
property owner. The remainder shall be donated to the City by the Seller. The
closing will be on or before March 15,2006.
This project was budgeted for in the 2005 CIP, SWMP-OI4.
The city attorney has reviewed the agreement and finds it in order.
Attachment: 1. Vacant Land Purchase Agreement
2. Location Map.
c: Marcus Thomas, Bolten & Menk, Inc.
G:\ENGIPUBLICI06-01 2006 Street lmprovementslbkgd land pnrchase 121205.doc
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-_.-.---~
VACANT LAND PURCHASE AGREEMENf
1. P ARTU:'S. Thi~ Purchase Agreement is made on the _ day of · 2005, by
and between the CITY OF CHANHASSEN, a Minnesota municipal cOIpOration~ of 7700 Markct
Boulevard, PO Box 147, Chnnhassen, MN 55317, ("Buyer"), and WILLIAM D. COFFMAN, JR.
AND CAROL c. COFFMAN, husband and wife ("Sellcr).
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrces to sell real property located
in the City of Chanhassen, County of Carver, State of Minnesota, legally described as
Outlot A, SHADOW RIDGE 3RD ADDITION, CaNer County, Minnesota, according to
the recorded plat thereof;
together with, if any, all right, title, and intercst in and 1.0 any roads, rights of access, or alleys
adjoining or servicing such land, rights-of-way, or casements appurtenant thcreto.
3. PRICE AND TERMS. The price for the real and personal property included under this Purchase
Agreement is Five Hundrcd Ten Thousand Seven Hundred Fifty and 00/100 Donars ($510,750.00),
which Buyer shall pay on the DATE OF CLOSING, ~ hereinafter defined, as follows:
A. One Hundred Thousand and 00/100 ($100,000.00) in cash;
B. The remainder shall be a donation to the City of Chanhassen by Seller.
4. DEEDIMARKET ABLE TITLE. Upon perfonnance by Buyer, Seller shall execute and deliver
a Limited Warranty Deed, convcying good and marketable dtle of record, subject to:
A. Building and 7.oning laws, ordinances, state and fcderal regulations;
B. Easements imposed by the plat of SHADOW RIDGE 3RD ADDITION; and
C. Exceptions to title which constitute encumbrances, restrictions, or easements of record.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. Seller shall pay all geneml real estate taxeS and installments ofspecial assessments due and
payable in the year prior to the Date of Closing and in years prior thereto. Real estate taxes
due and payable in and for the year of closing shall be prorated between Sellcr and Buyer on
a calendar year ba....is to the actual Date 01' Closing;
B. Seller shall pay on or before the Date of Closing all levied and pending special assessments;
C. Seller shall pay on date of closing any deferred real estate taxes (including "Green Acres"
taxes under MINN. STAT. 9273.111) or special assessments payment of which is required as a
result of the closing oftbis Agreement;
D. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter.
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6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN wARRANTIES.
Seller warrants that, to Seller's knowledge, without investigation, buildings on adjoining real
property. if any, are entirely outside of the boundary lines ofthe property. Seller warrants that, to
Seller's knowledge. without investigation, there is a right of accesS to the real property from a publie
right of way. Seller warrants that there has been no labor or material furnished to the property for
Seller for which payment bas not been made. Seller warrants that, to Seller's knowledge, without
investigation, there are no present violations of any restrictions relating to the use or improvement of
the property. These warranties shall sUlVive the delivery of the Deed or Contract for Deed for a
period of six (6) months.
7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's
authorized agents shall have the right during the period from the date of this Agreement to the
Date of Closing to enter in and upon the Property in order to make, at Buyer's expense. surveys,
measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees LO restore
any re~ulting damage to the Property and to indemnify, hold harmless and defend Seller from any
and all claims by third persons of any nature whatsoever arising from Buyer's right of entry
hereunder. including all actions, proceedings, demands, assessments, costs, expenses and
attorneys' fees. Buyer shall not perform any invasive testing of the Property without Seller's
prior written consent. Seller's consent may be conditioned upon any restrictions that Seller
deems necessary. Buyer shall provide to Seller a copy of any such surveys, measurements, soil
tests or other tests within five (5) days after receipt.
8. POSSESSION. Seller shall deliver possession of the property not later than the actual date of
closing.
9. TITLE INSURANCE BY SEl..LER. Seller shall, within a reasonable time aller acceptance
of this Agreement, furnish a title msUI1JIlce commitment certified to date to include proper
searches covering bankruptciel$, state and federal judgments and liens, and levied and pending
special assessments. Buyer agrees to accept an owner's title policy in lieu of an abstract of title.
Seller shall pay all costs associated with the issuance of such conlD'utment. Buyer shall pay the
premium for the owner's and mortgagee's policy of title insurance. The commitment for title
insurance shall be issued in the full amoW1t of the purchase Priee by a title insuranee company
reasonably satisfactory to Buyer ("title insurer").
Buyer shall be allowed twenty (20) business days after the receipt of the title commitment
for examination of title and making any objections., whieh shall be made in writing Of deemed
waived. If any objection is so made. Seller shall have ten (10) business days from receipt of
Buyer's written title objections to notify Buyer of Seller's intention to make title marketable
within one hundred twenty (120) days from Seller's receipt of such written objection. Ifnotice is
given, payments hereunder required shall be postponed pending correction of title, but upon
correction of title and within ten (10) days after written notice to Buyer, the parties shall perform
this Agreement according to its tennS. lino such notice is given or if notice is given but title is
not corrected within the time provided for, this Agreement shall be null and void. Neither party
shall be liable for damages hereunder to the other and the earnest money, if any, shall be
refunded by Seller. Buyer and Seller agree to sign a cancellation of this Agreement.
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10. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to
the address as shown at Paragraph l.~ above and if mailed, are effective as ofthe date ofmailiIlg.
11. MlNNESOT A LAW. This contr6ct shall be governed by the laws of the State of Minnesota.
12. WI4:LL DISCLOSURE. ICheckone of the following:}
XX Seller certifies that Sellcr does nol know of any wens on the property.
_ Wells on the property are disclosed by Seller on the attached Well Disclosure form.
13. DISCLOSURE OF INDIVIDUAL ON-SlTE SEWAGE TREATMENT SYSTEM. [Check
one of the following: I
XX Sellcr 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.
14. SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES.
A. Seller, as an inducement to Buyer t.o enter into this Agreement, and as part of the
consideration therefore, represents, warrants, and covenants with Buyer and its successors
and assigns that:
1. Seller WarraJ.lls and represents to Buyer that, to Seller's knowledge, without
investigation, no entity OT person has, at any time:
a) "relea....ed" 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 adjacenl
traCts in violation of applicable laws; or
b) lakcn any action in "response" to a "release" in connection with the Subject
Property or adjacent traCts; or
c) otherwise engaged in any activity or omitted to take any action which could
subject Seller or Buyer to claims for intentional or negligent torts, strict or
absolute liability, either pursuant to statute or common law, in connection with
Hazardous Substanccs (as defined below) located in or on the Subject Property or
adja.cent tr6clS, including the generating, transporting, trca.ting, storage, or
manufaeture of any Ha7.ardousSubstance (as defined below) in violation of
applicable law. 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 ~., as amended ("CERCLA") and any state
environmental laws.
2. Seller has the present full authority and power to execute this Agreement and t.o close
the sale of the Subject Property.
B. The covenants, reprcsentations, and warranties contained in this Section shan be deemed
to benefit Buyer and its successors and assigns and shaH survive any termination or
expiration of this Purchase Agreement or the giving of the Deed for a period of six (6)
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months. All of Seller's covenants~ representations and warnmties 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, lo cancel this Agreement, or Buyer may
postpone the Closilig Date up to ninety (90) day~ to allow time for correction. TfBuyer
elects to proceed with the Closing following such discovery, Buyer shall be deemed to
have waived its rights to assert a claim against Seller arising from the inaccuracy or
untruthfulness of any such covenant, representation, or warranty. Seller indemnifies
Buyer from any breaches of the covenants, warranties and representations set forth in this
Section.
C. Unless required by local ordinance or lending regulations, Seller does not plan to have the
property inspected. Other than the representations made in this Section, the property is being
sold "AS IS7~ with no express or implied representations or warranties by Seller as to physical
conditions or fitness for any particular purpose.
IS. SELLER'S AFFIDAVIT. At closillg, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivering a Minnesota Uniform
Conveyancing Blank [Form No. 116-M) 117.M, or 118-M] Affidavit of Seller.
16. CLOSING. The closing (the "Closing") shan be at a location designated by Buyer, and shall
occur on or before March 15.2006 ("Closing Date"). At closing, Seller and Buyer shall disclose
their Social Security Numbers or Federal Tax Identifica.lion Numbers for the purposes of completing
state and federal tax forms.
17. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the
"Closing Documents"):
(1) Limited Warranty Deed. A Limited Warranty Deed in recordable form and
reasonably satisfactory to Buyer, whjch shall include the fo)lowing well
representations: "Seller certifies that the Seller does not know of any
wells on the described Property."
(2) Seller's Affidavit. A standard torm affidavit by ScHer indicating that on the date
of Closing there arc no outstanding, unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the Property; that there has
been DO skill, labor or material furnished to the Property for which
payment has not been madc or for which mechanic's liens could be filed;
and that there are no other unrecorded interests in the Property.
(3) Non-Foreie:n Person CertificatioD- A certification in fonn and content
satisfactory to the parties hereto and their CO\Dlse1, properly executed by
Seller, containing such information as shall be required by the Internal
Revenue Code, and the regulations issued thereunder. in order to establish
that Seller is not a "foreign person" as defined in ~1445(f)(3) of such Code
and such regulations.
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(4) StoTaue Tank.~. Ifrequired, an affida.vit with :re~"pect to storage tanks pursuant to
Minn. Stat. 9 116.48.
(5) Well Certificate. If there is a well located on the Property, a well disclosure
certificate in form and substance true to form for recording.
(6) (~ertificatioD. A certification that the representations and/or warranties ma.de by
Seller are materially the same as were in existence on the date of this
Agreement or noting any changes thereto; and
(7) Other Documents. All other documents reasonably determined by either party
and the title insurance company to be necessary to transfer and provide
title insurance for the Property.
B. At the Closing, Buyer shall execute and deliver to Seller the following:
(1) All documents reasonably determined by either party and the title insurance
company to he necessary to provide title insurance for the Property~
(2) Certified copy of the City's resolution accepting donation of a portion of the
purchase Price, together with IRS FOnD 8283, as well as any additi()nal
documentation concerning the donation reasonably required for IRS
purposes; and
(3) Payment of the Purcha.~e Price.
18. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as
follows:
A. Buyer shall pay:
(1) Recording fee for the Limited Warranty Deed;
(2) The closing fee~
(3) The premium for owner's title insurance, including survey coverage;
(4) State deed taX; and
(5) Conservation fee attributable to said deed.
8. Seller shall pay aU costs of title insurance commitment.
19. ADDITIONAL TERMS. Buyer agrees to adopt a resolution authorizing acceptance of Seller's
donation, provide a certified copy of such resolution to the Seller and execute the appropriate IRS
FOnTI 8283 regarding such donation.
20. ADDENDA. Attached are no addenda which are made a part of this purchase Agreement
21. l'lME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase
Agreement.
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22. MULTIPLE ORIGINALS. Seller and Buyer have signed four (4) originals of this purchase
Agreement.
I agree to buy the property lor the price and tenns and conditions set forth above.
Dated:
BUYER:
.' 2005
CITY OF CHANHASSEN
By:
And:
I agree to sell the property for the price and tenns and conditions set forth a.bove.
6
Print Data/Map
Page 1 of 1
PID# 257860020
Legend
Road Tilt
JI' US Highw~y1
/1,.. IIIl Highwly1
;I csNi
County Roads
Utkll
II PIICIII
Coklr 2002
IPareelInformation
Property Address:
NOT ON FILE
Taxpayer Information:
WILLIAM D COFFMAN JR
15070 AMUR HILL LN
EDEN PRAIRIE, MN 55347
IPareel Properties
GIS Acres: 3.56
Homestead: N
School District: 0276
IPareel Location
Section: 02
Township: I 16
Range: 023
Lot:
Block:
Platname: SHADOW RIDGE 3RD ADDITION
IPayable Year 2006 IILast Sale Information
Est. Market Value Land: $138800 ILast Sale NOT ON FILE
Est. Market Value Building: $0
Est. Market Value Total: $138800
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Infonnation Systems (GIS), it is a compilation 114
ofinfonnation and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be b
used as a reference. Carver County is not responsible for any inaccuracies contained herein. --
Map Created: 12-5-2005
http://156.99 .124.167/website/parcel_ searchlprintdatarnap.asp?PID=257860020
12/512005