1c 2006 Street Improvement Projects
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
i~
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
'"'\71 0 .
Paul Oehme, Dir. of Public Works/City Engineer '\
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
On August 22,2005, staff discussed the proposed scope of the 2006 Street
Improvement Project with Council at a work session.
On September 12, 2005, Council approved a contract with Bolten & Menk, Inc.
for engineering services for the project.
On May 2006, Nagell Appraisal & Consulting, Inc. submitted an Appraisal
Report for the parcel located on Yosemite Road.
DISCUSSION
The 2006 Street Reconstruction project includes the installation of storm sewer
and curb and gutter in addition to the replacement of sanitary sewer and
watermain. The installation of storm sewer necessitates the construction of ponds
within the reconstruction project area. Staff has identified three pond areas
necessary for the street project:
. Parcel owned by Ann Nye at 1641 63rd Street.
. Parcel owned by Barry Conda at 6285 Audubon Circle.
. Parcel owned by Bill Coffman at property south of 6481 Yosemite
A venue.
Staff is working with Ann Nye to acquire a drainage and utility easement on her
property. Staff has nearly completed this negotiation and should be ready for
Council consideration at their first Council meeting in January, 2006. Staff has
obtained a drainage and utility easement from Barry Conda.
The City of 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-014.
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:\ENGIPUBLlCI06-01 2006 Street Improvementslbkgd laud purchase 121205.doc
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VACANT LAND PURCHASE AGREEMENT
1. P ARTlI~S. Thi~ Purchase Agreement is made on the _ day of ' 2005, by
and between the CITY OF CHANllASSEN, a Minnesota municipal corpomtion, of7700 Market
Boulevard, PO Box 147, Chanhassen, MN 55317, ("Buyer"), and WILLIAM D. COFFMAN, JR.
AND CAROL C. COFFMAN. husband and wife ("Seller").
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees 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, Carver County, Minnesota, according to
the recorded plat thereof;
together with, if any, all right, title, and interest in and to any roads, rights of access, or alleys
adjoining or servicing such land, rights-of-way, or casements appurtenant thereto.
3. PRICE AND TERMS. The price for the real and personal property included under this Purchase
Agreement is Five Hundred Ten Thousand Seven Hundred Fifty and 00/100 Dollars ($510,750.00),
which Buyer shall pay on the DATE OF CLOSING, m; 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. DEEDIlVIARKET ABLE TITLE. Upon perfonnance by Buyer, Seller shall execute and deliver
a Limited 'Varraoty need, conveying good and marketable title ofrecord, subject to:
A. Building and :l.oning laws, ordinances, state and federal regulations;
B. Easc:ments imposed by the plat of SHADOW RIDGE 3RD ADDITION; and
C. Exceptions to title which constitute encumbrances, restrictions, or easements of record-
5. REAL li.STA TE TAXES AND SPECIAL ASSESSMENTS.
A. Seller shall pay all general 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 basis to the actual Date of 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"
taxies under MINN. STAT. 9273.1 11) or special assessments payment of which is required as a
result ofilic closing of this Agreement;
D. Buyer shall pay real estate taxes due and payable in the year following closjng and thereafter.
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6. SELLER'S BOUNDARY LlNE,ACCESS, RESTRICTIONS AND LIENW ARRANTlES.
Seller warrants that, LO Seller's knowledge, without investigation, buildings on adjoining real
property. if any, are entirely outside of the boundary lines of the property. Seller warrants that, to
Seller's knowledge. without investigation, there is a right of access to the real property from a public
right of way. Seller warrants that thcre 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. Thcse warranties shall survive 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, surve)'s,
measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agree~ to 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 perfolTIl 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. TITI...E INSURANCE BY SELLER. Seller shall, within a reasonable time aftcr acceptance
of this Agreement, furnish a title insurance commitnlcnt certified to date to include proper
searches covering bankruptcies, state and federal judgments and liens, and levied and pending
special assessments. Buyer agrees to accept an owner's title polic)' in lieu oran abstract ortitle.
Seller shall pay all costs associated with the issuance of such comminnent. Buyer shall pay the
premium for the owner's and mortgagee's polic)' oftitle insurance. The commitment for title
insurance shall be issued in the full amount of thc purchase price by a title insurance company
reasonably satisfactory to Buyer ("title insurer").
Buyer shall be allowed twenty (20) business days after thc receipt of the title commitment
for examination of title and making any objections, which shall be made in writing or deemed
waived. If any objection is so made, Seller shall have ten (10) business da)'s from receipt of
Buyer's written title objections to notify Buyer ofSellet'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 oftitle, 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. !fno such notice is given or if notice is given but title is
not corrected within the time provided for, this Agreement shaH 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 1... above and ifmailed, are effective as of the date ofmailiIlg.
t 1. MINNESOTA LAW. This contrdct shall be governed by the laws of the State of Minnesota.
12. WI4:LL DISCLOSURE. [Check one of the following:}
XX Seller certifies that Sellcr does nol know of any wells on the property.
_ Wells on the property are disclosed by Seller OD the attached Well Disclosure 1orm.
13. DISCLOSURE OF INDIVIDUAL ON-SlTE SEWAGE TREATMENT SYSTEM. [Check
one ofthefoll(JWing: 7
XX Sellcr certifies that Seller docs not know of any individual on-site sewage treatment
systems on the property,
_ Individual on-site sewage trealmcnt 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 to enter into this Agreement, and as part of the
consideration therefore, represents, WaridIlts, and covenants with Buyer and its successors
and assigns that:
1. Seller warrants and represents to Buyer that, to Seller's knowledge, without
investigation) no entity or person has, at any time:
a) "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 ill connection with the Subject Property or adjacent
tracts in violation of applicable laws; or
b) takcn 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 to~ 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 or
adjacent trdclS. including the generating. transporting, treating, storage, or
manufacture of any Hazardous Substance (as dcfined 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 seg., as amended (nCERCLA") and any state
environmental laws.
2. Seller has the present full authority and power to execute this Agreement and to close
the sale of the Subject Property.
B. The covenants, representations, and warmntjes contained in this Section shall be deemed
to benefit Buyer and its successors and assigns and shaH survive any termination or
expiration of this Purchase Agreement or thc giving of the Deed for a period of six (6)
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months. All of Seller's covenants) representations and wmnmtie.c:; in this Agreement shall
be true as of the date hereof and of the Closing Date, and shall be a condition precedent to
the perfonnance 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) day!; to allow time for correction. TfBuyer
elects to proceed with the Closing following such discovery, Guyer 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 phm to have the
property inspected. Other than the representations made in this Section, the property is being
sold "AS IS" with no express or implied representations or warranties by Seller as to physical
conditions or fitness for any particular purpose.
15. SELLER'S AFFIDAVIT. Al closing, 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") shall 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 N umbers or Federal TaxI dentificalion 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, which shall include the following well
representations: "Seller certifies that the Seller does not know of any
wells on the described Property."
(2) Seller's Affidavit. A standard form aflidavit by Seller indicating that on the date
ofClo~ing there arc 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 madc or for which mechanic's liens could be filed;
and that there are no other unrecorded interests in the Property.
(3) Non-Foreirro Person Certification. A certification in form and content
satisfactory to the parties hereto and their cOWlscl, properly executed by
Seller, containing such information as shaH be required by the Intemal
Revenue Code, and the regulations issued thereunder, in order to establish
that Seller is not a "toreign person" as defined in ~1445(f)(3) of such Code
and such regulations.
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(4) Storage Tank..ll. Ifrequired, an affidavit 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
certlficate in fonn and substance true to form for recording.
(6) CertificatioD. 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 City7S resolution accepting donation of a portion of the
purchase Price, together with IRS Fonn 8283, as well as any additional
documentation concerning the donation reasonably required for IRS
purposes; and
(3) Payment of the Purchase Price.
18. CLOSING COSTS. The costs relating to the closing ofthis 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) Con~ervation fee attributable to said deed.
B. Seller shall pay all costs oftiUe 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
FOfTTl 8283 regarding such donation.
20. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement
21. TIME 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.
J agree to buy the property tor the price and terms and conditions set forth above.
Dated:
BUYER:
, 2005
CITY OF CHANHASSEN
By:
And:
I agree to sell the property for the price and terms and conditions set forth above.
Dated: ];YIJM~ } ,2005
SELLER:
c
6
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Print Data/Map
Page 1 of 1
PID# 257860020
Road Tut
us Highways
;'1 MN Highways
/I CSAH
CoonlyRoads
lakes
Parcels
<:01<< 2002
IParcel Information
Property Address:
NOT ON FILE
Taxpayer Information:
WILLIAM D COFFMAN JR
15070 AMUR HILL LN
EDEN PRAIRIE, MN 55347
IParcel Properties
GIS Acres: 3.56
Homestead: N
School District: 0276
IParcel Location
Section: 02
Township: 116
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 Information Systems (GIS), it is a compilation ~
of information 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 ~
used as a reference. Carver County is not responsible for any inaccuracies contained herein. --
http://156.99.124.167 /website/parcel_search/printdatamap.asp?PID=257860020
12/5/2005