95-31 CITY OF CKAN~99EN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date February 27, 1995
Motion By Mss0n
Resolution 95-31
Seconded By Senn
RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY AND THE RELEASE OF THE REAL PROPERTY
FROM DEVELOPMENT CONTRACTS AND SITE PLAN REVIEW IN
CONNECTION WITH THE DEVELOPMENT OF CHA/q~IASSEN RETAIL
SECOND ADDITION
WHEREAS, Ryan Construction Company of Minnesota, Inc.
("Ryan") is developing certain real property located within the
City of Chanhassen to be known as CHANHASSEN RETAIL SECOND
ADDITION pursuant to a Contract for Private Redevelopment between
the Housing and Redevelopment Authority in and for the City of
Chanhassen and Ryan dated July 20, 1994; and
WHEREAS, said Contract for Private Redevelopment requires
for the conveyance of certain real property ("Subject Property")
to be platted as OUTLOT B, CHANHASSEN RETAIL SECOND ADDITION to
Ryan; and
WHEREAS, the title evidence for the Subject Property reveals
that the City of Chanhassen holds certain interests in the
Subject Property that must be conveyed to the Chanhassen HRA in
order for the Chanhassen HRA to convey marketable title of
proposed OUTLOT B, CHANHASSEN RETAIL SECOND ADDITION to Ryan; and
WHEREAS, the property interests of the City including fee
title will be transferred to the Chanhassen HRA by the execution
of the attached Quit Claim Deed; and
WHEREAS, the title evidence reveals that the following
documents have been recorded against the title to the Subject
Property which must be released so that marketable title to
OUTLOT B, CHANHASSEN RETAIL SECOND ADDITION will be conveyed to
Ryan:
a .
87-7 Site Plan Review filed November 25, 1987 as
Document No. 92041.
b ,
Development Contract dated June 21, 1988 between T. F.
James Company and the City of Chanhassen and filed May
16, 1989 as Document No. 105239.
C ·
Development Contract dated October 26, 1992 between the
City of Chanhassen and Dayton Hudson Corporation and
filed November 17, 1992 as Document No. 142312.
22004
WHEREAS, the above-referenced Site Plan Review and
Development Contracts will be removed as encumbrances from title
to the Subject Property upon execution of the attached Partial
Releases.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chanhassen:
That the City Council of the City of Chanhassen
approves the execution of the Quit Claim Deed and
Partial Releases attached hereto as Exhibit A-1 through
A-4; and
.
The Mayor and City Manager are hereby directed to
execute and deliver the same to Ryan upon the City
Attorney's request.
ADOPTED this 27th day of Februsry
Council of the City of Chanhassen.
, 1995, by the City
ATTEST: . .-
~_.
Don Ashworth-7,-' Clerk/Manager
Dcfnald J~m~l, Mayo~r
YES
NONE
ABSENT
CHMIEL
DOCKENDORF
MASON
SENN
NONE
BERQUIST
22004 2
QUIT CLAIM DEED
Corporation to Corporation
No delinquent taxes and transfer
entered; Certificate of Real Estate
Value ( ) filed ( ) not required
Certificate of Real Estate Value
No.
, 19
County Auditor
by.
Deputy
STATE DEED TAX DUE HEREON: $
Dated: , 1995
(reserved for recordinq data)
FOR VALUABLE CONSIDERATION, the CITY OF CHA/~-EASSEN, a municipal corporation
under the laws of the State of Minnesota, Grantor, hereby conveys and
quitclaims to HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
CHANHASSEN, a public body corporate and politic, Grantee, real property in
Carver County, Minnesota, described as follows:
That part of the following described property:
Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, according to the recorded plat
thereof, and situate in Carver County, Minnesota.
Which lies Southwesterly of a line run parallel with and distant 70 feet Southwesterly
from a line described as follows:
Commencing at the Northwest corner of said Lot 1; thence South 0 degrees 14 minutes 08
seconds West, assumed bearing, along the West line of said Lot 1 a distance of 41.87
feet to the point of beginning of the line to be described; thence South 77 degrees 49
minutes 24 seconds East 179.48 feet; thence Southeasterly 229.78 feet along a
tangential curve concave to the Southwest having a radius of 983.93 feet and a central
angle of 13 degrees 22 minutes 50 seconds; thence South 64 degrees 26 minutes 34
seconds East, tangent to said curve, 181.90 feet and said described line there
terminating. AND
(legals continued on back side)
TOTAL CONSIDERATION FOR THIS CONVEYANCE IS LESS THAN $500.00.
GRANTOR CERTIFIES THAT GRANTOR IS UNAWARE OF ANY WELLS ON THE ABOVE-DESCRIBED PROPERTY.
together with all hereditaments and appurtenances belonging thereto.
AFFIX DEED TAX STAMP HERE
(SEAL)
STATE OF MINNESOTA )
)
COUNTY OF CARVER )
ss.
The foregoing instrument was acknowledged before me this day
of , 1995, by Donald J. Chmiel 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 STAMP)
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000 (JRW)
Tax Statements for the real property described in
this instrument should be sent to:
HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF CHANHASSEN
690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
22008
EXHIBIT A-1
City Manager/Clerk
D~]'d J. ~,/_-M~yo~ ~ - ~--
Don As hw0~r~
That part of West 78th Street (also known as County Road No. 16) as
dedicated with the plat of WEST VILLAGE HEIGHTS, which lies between
the Southerly extension of the West line of Lot 1, Block 2, WEST
VILLAGE HEIGHTS 2ND ADDITION, and a line described as beginning at the
Northwest corner of Lot 1, Block 1, CHANHASSEN RETAIL ADDITION; thence
Northerly along the continuation of the West line of said Lot 1, a
distance of 32.20 feet; thence Northeasterly, tangent to said
continuation, 50.0 feet and said line there terminating, according to
the recorded plat thereof, and situate in Carver County, Minnesota.
AND
That part of West 78th Street (also known as County Road No. 16) as
dedicated with the plat of BURDICK PARK 2ND ADDITION, lying between
the Northerly extension of the most Easterly West line of Outlot B,
CHANHASSEN RETAIL ADDITION, and a line described as beginning at the
Northwest corner of Lot 1, Block 1, CHANHASSEN RETAIL ADDITION; thence
Northerly along the continuation of the West line of said Lot 1 a
distance of 32.20 feet; thence Northeasterly, tangent to said
continuation, 50 feet and said line there terminating, according to
the recorded plat thereof, and situate in Carver County, Minnesota.
22008
PARTIAL RELEASE OF SITE PLAN REVIEW
PARTIAL RELEASE of Site Plan Review granted this
of , 1995, by the CITY OF CHANHASSEN, a
Minnesota municipal corporation ("City").
day
RECITALS
1. The City has filed a Site Plan Review with the Carver
County Recorder's office on November 25, 1987, as Document No.
92041 ("Site Plan Review").
2. The City has been requested to grant a release for the
following described property which is encumbered by the Site Plan
Review:
That part of the following described property:
Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION, according
to the recorded plat thereof, and situate in Carver County,
Minnesota.
Which lies Southwesterly of a line run parallel with and
distant 70 feet Southwesterly from a line described as
follows:
Commencing at the Northwest corner of said Lot 1; thence
South 0 degrees 14 minutes 08 seconds West, assumed bearing,
along the West line of said Lot 1 a distance of 41.87 feet
to the point of beginning of the line to be described;
thence South 77 degrees 49 minutes 24 seconds East 179.48
feet; thence Southeasterly 229.78 feet along a tangential
curve concave to the Southwest having a radius of 983.93
feet and a central angle of 13 degrees 22 minutes 50
seconds; thence South 64 degrees 26 minutes 34 seconds East,
tangent to said curve, 181.90 feet and said described line
there terminating.
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen:
1. With the exception of levied and pending special
assessments, if any, the foregoing described real property is
released from all obligations under the Site Plan Review.
Dated this day of , 1995.
22310
CITY OF CHANHASSEN
By:
By:
EXHIBIT A-2
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager/Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
JRW
2
PARTIAL RELEASE OF DEVELOPMENT CONTRACT
PARTIAL RELEASE of Development Contract granted this
day of , 1995, by the CITY OF CHAN-HASSEN, a
Minnesota municipal corporation ("City").
RECITALS
1. The City has entered into a Development Contract dated
June 21, 1988 and recorded May 16, 1989, at the Carver County
Recorder's office as Document No. 105239.
2. The City has been requested to grant a release for the
following described property which is encumbered by the
Development Contract:
Outlot B, CHANHASSEN RETAIL ADDITION, according to the
recorded plat thereof, and situate in Carver County,
Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen:
1. With the exception of levied and pending special
assessments, if any, the foregoing described real property is
released from all obligations under the Development Contract.
Dated this day of , 1995.
CITY OF CHANHASSEN
By':
D6nald J .~~f~l~ Ma~o--~
By: /~~..~ ~
Don Ashworth,<-"City Manager/Clerk
EXHIBIT A-3
22307
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager/Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
JRW
22307 2
PARTIAL RELEASE OF DEVELOPMENT CONTRACT
PARTIAL RELEASE of Development Contract granted this
day of , 1995, by the CITY OF C~SSEN, a
Minnesota municipal corporation ("City").
RECITALS
1. The City has entered into a Development Contract dated
October 26, 1992 and recorded November 17, 1992, at the Carver
County Recorder's office as Document NOo 142312 ("Development
Contract").
2. The City has been requested to grant a release for the
following described property which is encumbered by the
Development Contract:
Outlot B, CHANHASSEN RETAIL ADDITION, according to the
recorded plat thereof, and situate in Carver County,
Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen:
1. With the exception of levied and pending special
assessments, if any, the foregoing described real property is
released from all obligations under the Development Contract.
Dated this day of , 1995.
CITY OF CHANHASSEN
By:
By:
Don Ashworth, City Manager/Clerk
22309
EXHIBIT A-4
STATE OF MINNESOTA
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
day of , 1995, by Donald J. Chmiel and Don
Ashworth, the Mayor and City Manager/Clerk, of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City
Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
JRW
22309 2