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2006-53 . . . CITY OF CHANHASSEN CARVER AND HE~PIN COUNTIES, MINNESOTA DA TE: AU2Ust 14,2006 RESOLUTION NO: 2006-53 MOTION BY: SECONDED BY: Peterson LundQuist RESOLUTION DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF DISPOSAL OF PROPERTY AND AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORT A TION PROJECT NO. 04-06 WHEREAS, the City of Chanhassen is the fee owner of certain real property in the City of Chanhassen ("Property"), legally described in Exhibit A attached hereto. WHEREAS, MNDOT desires to acquire the Property for highway purposes under the terms of the Offer to Sell and Memorandum of Conditions attached hereto ("Offer to Sell"), attached hereto as Exhibit B; and WHEREAS, pursuant to Minnesota Statutes 462.356, subdivision 2, the City Council finds that the proposed sale of the Property to MNDOT has no relationship to the City's Comprehensive Plan; and WHEREAS, the City Council finds that the conveyance of the Property to MNDOT is in the best interest of the citizens of the City in that the Property will be used for roadway and trail purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota that: 1. The City Council finds that the disposal of the Property under the Offer to Sell has no relationship to the comprehensive municipal plan. 2. The Council hereby approves the Offer to Sell and authorizes the City Manager and the Mayor to execute the Offer to Sell and any and all other documents necessary to convey the Property under the terms of the Offer to Sell. 1 . . . Passed and adopted by the Chanhassen City Council this 14th day of August, 2006. YES Furlong Lundquist Peterson Tjomhom ~ A~l Thomas A. Furlong, Mayor NO None 2 . . . EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Outlot I, Villages on the Ponds, Carver County, Minnesota, according to the recorded plat thereof. 3 EXHIBIT "B" . OFFER TO SELL AND MEMORANDUM OF CONDITIONS . . 4 ~ffce of Land Management (2-98) E OF MINNESOTA ARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL Supervisor of Direct Purchase APPROVED OFFER TO SELL AND MEMORANDUM OF CONDITIONS By C.S.: 1009(101=187)902 Parcel: 63 County: Carver Owners and addresses: City of Chanhassen, Mayor, 7700 Market Blvd., P.O. Box 147, Chanhassen, Minnesota, 55317; For a valuable consideration, on this JLf ~ day Of~ ,~('jC)<':' , theuncletsg'ed owners hereby offer to sell and convey to the State of Minnesota for a total consideration of Dollars ($ 0.00 ) a fee simple title to the real estate or an interest therein situated in Carver County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Minnesota Department of Transportation within days from the date of this offer. Such notice of acceptance shall be by .ied mail directed to the address appearing after our signatures hereto. If this offer is not so pted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State days after the date of acceptance. The owners shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non-personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. . . (4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) onlproperty shall be satisfied in full by the State of Minnesota. The amount paid by the State of Mota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under th ms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the property. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The owners= obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. .(10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: OWNERS CI~HANHASSE~ L. By ~ L A_~-(r= Its ~ AOdf-4 ~ Its t;~ ~r. . (Address of Owner where acceptance is to be mailed.)