Park & Recreation Documentation
Hoffman, Todd
e ! Page!o!!
----~~-
From: Paul Bilotta [pbilotta@hmidevelopment.com] ~~ th ~'
Sent: Tuesday, September 26,20062:38 PM . ())JJ K I~
To: Hoffman, Todd jJ) A.,1Js r
Cc: johnchadwick@chadwickland.com ,lJ-.. ,P &JJ "'-
Subject: Purchase price ~-
Attachments: Purchase price per acre.xls; Purchase Agreement Executed 7 -18-06.pdf; Pioneer Pass -
Second Amendment 7-28-06.pdf; PA 2-Page.pdf
Todd,
Unfortunately, we did end up selling the property for less than we had it under contract with DR Horton. Attached
are documents that show the new purchase price of $182,781.46 per acre (see attached spreadsheet). The
contract is long and confusing because there was a lot of renegotiation with the buyer and they only purchased
part of the Peterson property, not the entire parcel. I have attached the entire contract for your use, but for
simplicity's sake, I have also included a scan of the two pages that have the key information on them (what was
purchased and for how much).
Please let me know if you need anything else or have any questions.
Thanks,
Paul Bilotta
11/27/2006
Knoblauch Offer
Purchase Price
Land Area
Single Family Lots
Subdivision Streets
Outlots E & F
Total purchased acreage
Purchase price per acre
Acreage per James R. Hill, Engineers
6,900,000
28.11
8.21
1.43
37.75
182,781.46
---..:-_"':~
MilleflOavis Co, Q St. Paul. MN 661-842.1988
Form 1519A 1&2
PURCHASE AGREEMENT
This form approved by the Minnesota Associlltion of
REAL TORSoG, which disclaims any liability
ui$ing out of tlse Of misustl of this form.
(:I 2004, Minnesota Association of REAL TORS~, Edina, MN
1. Data !!~Y...._._.,_..:LO_9..g__.__._..__.._..____
2. Page 1 of. ..............._........._.__.____.._....._.. Pages
3. RECEIVED OF John C. Knoblauch (.. Buver") _
4.
5.
6.
7
B.
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1.3.
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,he ",m 01 ~ Hundred Thousand and OJiL.lQ.Q.:--:-------------.---------- Dollar. ($ 100.000.00---- I
by lKJ CHECK 0 CASH 0 NOTE as eame.st mon&y to be dspashed upon acceptance of Purchas. AgrMment by all parties, on or
- lchack onel -
bejorl~ the tt-Jrd buslnltSS day aft",r acceptance, In the tru.t account 01 listing broll;8'r but to bEt returned to Buyer If Purchase Agreement Is
not IIccept8'd by SlItHet. Said earnesl money is part payment fOl the purchase 01 the pro~rty locattld at:
Street Address: __'. ._~.~_~~_.___.__.______.
City 01 fhE:Dh..~~~~!.L.,__....._.~.._.n..._____..____.._._.___.____~._.__._.. County of .g?_;:Y..~~_..____...m.n._._..._ .___.___~..~~ . State of Minnesota.
Legally described .s: .{\.1_L1!Lffi.ln9:1~LJ~ily_l.9.~1L.C)..!l~L9..\!.U.9.'_!LL ,;nQ._E.I._~,,_.".bgm:L.2)J.....t.h~.._I2.r~.U!!'i.n~.D':_
plat of pioneer Pass at cached to the Addendum (" Property")
inr-l11rling nil fiytllrACl nn tnp fnlll"lW"ing prnpRrty iI It.'''V n\A1(H't'!.'III ~AIlAr A",rf lIeArI ftn.rf l"'I"Atnrl nn ~"irl
16.
garden bulbs; plants: shrubs and trees; ,torm sash: ,torm doors; sere"ns and awnings: window shades;
drapery,odsj 8lt3ched.lightlng fixtures and bulbs: plumbing fixtures, water heater; hoating pIa
equipment used in connection 1horewlth): built.in air-conditioning eQuipmen - mc air filter; wator softencr:DowNEa'lRENTEc{]NONE:
- mock one)
built. in humidifier and dehumiditior: liquid gal tank e $ (It tho property of Sellcr}; sump pump; attached tole vision on100n8;
ovens; cook~top stoves; mIcrowave aliens;
ATTACHED: carpeting: mirrors: ~arago door oponers and all controls: smok., dotoctors; fireplace screens;
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23. 'II of whieh p'operw Seller has this d'y agreed 10 ,all to Buyer lor ,um 01 ($2.dLQ.Q.".QQ..Q"..9_Q..:..::,.::. -_:.:.:=-:':'::.':':_::.:'::.:.::'..7.:-.~.:.:.7.. }
24. lJine Million and 001100---------~-arf..ic1~ea--A~.----------------- Doll....
25. which Buyer AQrees to pay in the following manner/ '. ' .
26. rHoney. and linancing. the tot III amount .secured against this property to fund thi percent 1%) 01 the sale price.
27. Such financing will be {check one n ract or deed; or 0 a flrst mortgage with subordinate f1Nncln9. as
28. ~~ ett:ll;lA9j ^1~Q"<j"<;j""D ~~A"'Athmil~g.o.v~III:U'f1I'\ionOG,,,\,,I..:.t t.., 1;)....4 DOtl.',; ..
fctuck .1Ith.tl Ipply}--
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n,... J..l.... of ...I~.....i st-ls.1I 88 ,28
Ttrir?urclteas ." llrUMllAtn Ii: n Ii NOT twliijut tlill Cll~tjRB''''o;>-A6d! 8t:lW far sala 81 Bura,'"
-..:::ccht~Of\I)--
(If answet is IS NOT. the c:Iol;lng of Buyer', propeny, if any, may still aHect Buyer'$, ability to obtai ,I inancing applicabte.l
Thi; Purcnasa Agl'eementD IS 0 IS NOT subject to a cancellation of a nl1en Purchase Agreement d~__
-lchlck on.l-
m answer is IS. sDid cancellotioo shall ater than _._......___."UO~..._..._, 20_ . If said cancellation Is not obtained by said date.
Purchase Agree c , 8UY~H and Builder shllll immcdiotely sign j) CancellEltion ot Purchase Agreement confirming said cancellation
_~"'_.. la e. .Gtd..d.J to Ov,=1-
ThIs PUt chase AQreementO IS rXllS NOT subject to a Vacant Land Addendum. (If answer is IS. see attached Addendum.) Buyer has been
- (c:hI~Ont)-
ffi8{(a 8....<1'9 gf thg a ij.lllQ'Jlt', Qf 1i1(8~B I ,'IRB~uti8f'l8 9b1 r~ alaah 0 o!Iv_Ld-J. 111 Aa a & ~r81i8rt, jR8~a8t'81'1 p8~d at BbI,a.'.i Colpa Ja.
r! 11 - Icheck one) -
TI,;" "...arias "s B9~ilRt L---1 Ii l--.J It NOT 9wejcllt 1~ <1 If'I.3r.re.e1t.a"Bl!I~f'l'h,Hfl rlf 1If'18 .1 is It. 888rtt8St;j88 aesah'l:dj?h h
- leh.o.on.1 - 'r-, or eac ase w en closed
DEED/MARKETABLE TITLE: Upon perlormanc. by Buyer. Selle, shall deliver ,0 W.rranty D.ed {=~XXXJCRQ(~
iOined in by spouse. if Bny. conveying marketable litle. subject to: Ichlc::k one)
fA} building and zoning laws. ordinances, state and lederal tegul~tion$; (Bl restrictions fcloling to use or improvement of the property witnoul
effec1ive forfeiTUre provisions; Ie} reservation at any mineral rights by the State of Minnesota; (D) utility and drainage easements which do not
interlere with existing improvements; tE} rights 01 tonantl 81 follow. (unless specified. no' subject to tenanciesl: .tl.Qn..~_.L.j.f_l_c;is..Y:_9._C.
9hanD!'\.~ ,,<';1' c:"n,U~ igrg. f.9.1"_ .UIl<\,l p,l.!lt .APP']:'OV.ill.. Cl.f.riQn.~~p .1;'.,,:;<_,,_. ._......_.. ...._...............__ ..........
rF) Othels (MuS1 be specified In writing): Other matters not obiected to by Buve}:" .___.h__.......___.~__.____._._
o BUYCR GlIAll P.\Y~~R-l>H~AY "" do" af .la.I.~ a', ..~~ la.O' lI.a. Cra,. .
(check one'
assessments payment of which is required as a result 01 thlt closing of this sa/e.
o BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING 0 SELLER SHALLP
01 special assessments ceniticd (or payment with rhe realfts~i~eo~:~es dlJe and p In the year of closing.
LJ BUYER SHALL ASSUME 0 SELLER SHALL PAY on d.te of olos oth.( ,peeialassessmcnl' I.viad a. of the date ollhi, Agrocmcnl.
(chick cn.l
Cj BUYER SHAll ASSUME f_J SELLER SHALL P
(I;h."k. on.'
Agreement fOf improvemenu tha etn otdered by any assessing authorities. (Seller's provision fot payment shall be by payment infO
osc,ow of two (2) ti eslim.tcd amount 01 the auusments 01 feu, as reqUired bV Buyer's lended
Buyer s any unpaid special llS$e$$ments payable In tho yeol following closing and thereaher, the paymem af which is not otherwise
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As of the date 01 this Agreement, Soller toprcscnt:s that SeflerOO HAS 0 HAS NOT roceivod a notice rogording any new improvement
-jcheck. Ollti)-
plojeet from any assessing authorities. the costs of which project may be assessed against the property. Anv such notice received by Sellet
.liter lhe d4te of this Purcnllse Agreement uf'1d beforo closing shall be provided to Buyer im~odi~1.ClY,-1hu~..L ..()tiG~ ia ~
lhis. Purcnnsc AgreemenT and on or beforo the dnte of closing, then lhe pllnios molY agree In writing. on or e 0 closlOg. ro pay,
provide lor the payment 01. or a$$umc the special Assessments. In the abse reemenl, either patty may declare 1his Purchase
Agfeemef'\t cancelled by wriH~n notice to thO oth . ensce representIng or assisting the other pArty. in which C8SQ this PUl'chase
A9feemem is cancel . y declafes lhis Purchllse Agreement cancelled. Buyel and Seller shall immediately sign a Cancellation of
. ~.d 64 &411eti~ ", 8.f e"lj A all u nest money paid heret:t1~# t6 L<. ."t., .led f6 Bt:lI,o'Y.
57.
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MN:PA.118/04}
Form 1 519 A 3
PURCHASE ,'GREEMENT
t 27. Address
128, P.ge 3 D.t...._......
12S.
\30,
t 31.
(check ono\
132.
133
paYb.blu in Ihe year 20_
Seller ,hIli pay 0 PRORATED FROM DAY OF CLOSING 0 _ 12THS 0 ALL
ICht,1{ Ql'lt)
payable in the year 20___ . If tho closing date is ch4ngod. the real osun" taxtfS paid shall, if prorateo, be adjusted to the new cr
wan8nts 18Xft due and payublc in tho yaDr 20.. sholl baD FUU.[J PART.CJ NON. homc:stClDd cla.uification.
--hlchcx:\' Ol'e}-
If part. or non.homo$tnd clanlf1c8tlorl I. circled. Seller agrees 10 pay Buver 81 closing $.__. H'_"'_',__U _."..
toward the non-homo stead real e.$lD1e taxes. Buyer lIgrees to pay any rem4ining balance of non.homeste4d tllX8S when t v become due
t1nd payable. Buyer shaU pay real estate t8X8S c1U6 and payable in tne y48r following closing and thcrcahcr, the paymo of WhiCh i3 nOf
otherwise herein provided. No representatiot'\s are made concernin9 the amount of subsequent rnl eatate taxes.
POSSESSION: Seller shall deliver possession of the property not later than
All interost, homeownerls association dues. rents and all charges for city water, dty sewet. electricity and natur
between the parties as of date of closing. Buyer shall pay Soller lor Icmainiog gallons of fuel oil - or liqUid pelf
closing, 3' the rate of the last fill by Seller, Seller .gree. to remove ALL DE8RIS AND ALL PERSONAL PROPER
from the property by po$&eulon d..te.
ENVIRONMENTAL CONCERNS: To the bes' of the Sellar', knowledge, there are no hazardou,
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\ 45.
i 146
i J 7.
148
, 49,
160
after closing.
ga.5: shall be prorated
eum gas on (he day of
NOT INCLUDED HEREIN
underground storage
tanks. except herein noted; _.._'
SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTL Y OR INDiRECTLY CONNECTED TO:
CITY SEWER: DYES ONO / CITY WATER: DYES 0 N
o NOT APPLICABLE 0 SELLER 0 BUYER AGREES TO PROVIDE WATER QUALITY TEST SULTS SHOWIN.G POTA8LE WATER
lchllCk. oow)
IF REQUIRED BY GOVERNING AUTHORITY AND/OR LENDER.
o NOT APPliCABLE 0 SELLER 0 BUYER AGREES 'TD PROVIDE, IF REQUIRED 8Y
__lcheckonel
OR 8Y GOVERNING AUTHORITY AND/OR LENDER, A LICENSED INSPECTOR'S SEPTI SYSTEM INSPECTION REPORT DR NOTICE
INDICATING IF THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS. NOTICE: A ALIO CERTIFICATE OF COMPLIANCE FOR THE
SYSTEM MAY SATISFY THIS OBLIGATION, NOTHING IN LINES 143 TO 146 SHA OBLIGATE SELLER TO UPGRADE, REPAIR OR
REPLACE THE SEPTIC SYSTEM. UNLESS OTHERWISE AGREED TO IN THIS PURCHA AGREEMENT. BUYER HAS RECEIVED THE WELL
01SCLDSURE STATEMENT DR A STATEMENT THAT NO WELL EXISTS ON TH ROPERTY, AND A SEPTIC SYSTEM DISCLOSURE
STATEMENT OR A STATEMENT THAT NO SEPTIC SYSTEM EXISTS ON OR SE ES THE PROPERTY, AS REQUIRED BY MINNESOTA
STATUTES,
SELLER WARRANTS THAT CENTRAL AIR,CONDITIONING, HEATING, PLUM8 G AND WIRING SYSTEMS USED AND LOCATED ON SAID
PROPERTY SHALL BE IN WORKING ORDER ON DATE OF CLOSING. EXCEP AS NOTED IN THIS AGREEMENT. BUYER HAS THE RIGHT
TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO ESTABLISH THAT THE PROPERTY IS IN
SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE PURCHASE AGREEMENT. SELLER AGREES TO NOTIFY
BUYER IMMEDIATELY IN WRITING OF ANY SU8STANTIVE C NGES FROM ANY PRIOR REPRESENTATIONS REGARDING
THE PHYSICAL CONDITION OF THE PROPERTY,
8UYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS VE BEEN MADE REGARDING POSSiBLE PROBLEMS OF WATER IN
8ASEMENT OR DAMAGE CAUSED BY WATER DR ICE 8UILDU ON ROOF OF THE PROPERTY. AND 8UYER RELIES SOLELY IN THAT
REGARO ON THE FOLLOWING STATEMENT BY SELLER:
SELLER 0 HAS 0 HAS NOT HAD A WET BASEMENT A HAS 0 HAS NOT HAD ROOF, WALL OR CEILING DAMAGE CAUSED
-Icheck 01'\0)--- - {check 0(10)---
BY WATER DR ICE BUILDUP. 8UYER 0 HAS 0 HAS N T RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT OR A
--- (chock on~
SELLER'S DISCLOSURE ELECTION FORM. BUYER HAS R CEIVED THE INSPECTION REPORTS. IF REaU1REO BY MUNICIPALI'N.
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15S.
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t 66.
, 67.
15B.
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171.
Is[] Seller's AgentO Buyer's Agent [I Dual Agent 0 Facilitator
(check oner:
NOTICE
(Licenseel
150 SaUe('s AgentO Buyer's AgentO Dual Agent 0 Facilitator
(check onal
172.
(Company)
173
{licenseel
174.
175. IN TA T T E Y
176. DUAL AGENCY REPRESENTATION
177. PLEASE CHECK ONE OF THE FDL WING SELECTIONS:
178. 0 Dual AgenC~resentEltion OES NOT apply in this transaction. Ojlil~gerd linas 179.'92.
1 79. 0 Dual AgencV repruentalio DOES applv in this Iran sac lion. Complete the diSClosure in lines 180.192,
160. Broke' represenu both the S Ie.r{s) and the BuVerlsl of the property involved In this transaction. which creates 8 dual AQcncy. This means
181. thaI Sroke, 5nd its sales: 50nt owe fiduciary dutias to both Sellerfs. and Buyerlsl. Because the parties may have conflicting intcrests,
182. Broker and ils salesperso Ofe prohibited lrom advocating exclusively for eilhe.r patty. Broket cannot act as a dual 80em in this transaction
183. without the consent of th Sellef{s} and Buyerlsl. Seller(s) and Buyer/51 acknowledge that:
184. (1) confidential' formation communicaled to Broker which regards Plice, lerms, Of motivation to buy or sell will remain confidential
\ 85. unle.!iS Sell (~) or Ollyerl!} instruct5 arekor in wrlling to diacrose lhis informatio(\. Othet information will be shared:
186. (2t Broker a iu slIlc.spersons will not repre&ent tho interest ot either pal'ty 10 the detrimenT of the other: and
187. 13) within e limils of dual agency. Sroket and ils salespersons will work diligently Ie r"cilittltc ThO' mechanics of thet sale.
188. WIth the know dgt!: IlInd understanding of the e)(P!anlllion above. Sellcrls) and Buyer(s) Duthorizc 4Jnd instruct Broker and ilS salesperso(\!
\ 89. to act u du agents In this transaction.
190.
Buyer
Bllver
D,to
MN:PA-3 (8/04)
form 1S1SA 4
PURCHASE AGREF:MENT
193. Addro.. .__. .....
194. Poge 4 0010_.______.__...__
195 OTHER:5.e.e.. At. ta"hec:jHAClc:jend!,!lT\
196.
197.
199.
199.
200. Other addenda may be attached which ara made a part 01 Ihis Purchase Agreement. (Enler total number of pages of this
201. Purchaae Agre.mem, inclUding addenda, on line two (2) of page one (Ii.)
202. I, the owner of the property, accoptthis Agroemam
203. authorize tha listing bra said property
204.
205.
I agree to purchase the property for the price and in
accordanca with the terms and conditions set lorth above,
I have reviewed all page. of this Purchase Agreement.
206. U If aRssh,,', t~l. ^arQQm9F1t ifi l\.Ibja8t t6 -,l'tJahsa
'.1 .
Peterso
and Company, LLC ~ /~
'-l1fJ1 Lc S/8/oro
loalel IBuver's ~turel ( mo'el
lfe--/5
X John C. Knoblauch
(Buyer's Printed Name)
208. X
(Selle" 5 Si9notUe
209&;U~r ~...1"50)1
(Seller's Pdnted Name)
210. X
(Marital Status.~
X
(Marital StaTUS)
211 X
(Seller's Signawrel
IDotel
X
lBuyer's Signature)
IDatel
212. X
(Seller's Printed Name)
x
(Buyer's Printed Nomo)
213. X
(Marital SUtLJsl
X
IMorilal 510'U5)
214 FINAL ACCEPTANCE DATE
215.
218.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS,
IF YOU DESIRE LEQAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.
217.
21 B.
219
I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND RESIDENTIAL
:~:~H::~P:~:~:~RATION AG75~CH IS AN OPTIONAL VOLUNTARY ~:::;MENT AND; ;OT p;~o~ THIS /
SELLERIS~ _ ~~ BUYERlS) ,/pPLv{, C/(.f.J~-
/ I
no.
221. SELLER(S)
BUYEA(S}
MN:PA.4 181041
AMENDMENT TO PURCHASE AGREEMENT
~
THIS AMENDMENT, made and entered into this li day of July, 2006, by and
between Peterson-Jacques Farm Land Company, LLC ("Seller") and John C. Knoblauch or
Permitted Assigns ("Buyer").
WIT N E SSE T H:
WHEREAS, Seller and Buyer entered into a Purchase Agreement ("Purchase
Agreement") dated May 18, 2006, regarding the sale of certain single family lots and outlots as
shown on the preliminary plat of Pioneer Pass, Carver County, Minnesota ("Property"); and
WHEREAS, Seller and Buyer desire to void a prior Addendum and an Amendment to the
Purchase Agreement and replace said Addendum and Amendment with this Amendment;
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, it is hereby agreed by and between Seller and Buyer that the Purchase Agreement be
amended as follows:
1. The prior Addendum and Amendment to the Purchase Agreement shall be null
and void and replaced with this Amendment.
2. The Purchase Price on Page 1 of the Purchase Agreement shall be changed from
Nine Million and 00/100 Dollars ($9,000,000.00) to Six Million Nine Hundred Thousand and
00/100 Dollars ($6,900,000.00).
3. Purchase Price. Seller has agreed to sell to Buyer and Buyer has agreed to
purchase from Seller the Property for the sum of Six Million Nine Hundred Thousand and
00/100 Dollars ($6,900,000.00), which Buyer agrees to pay in the following manner: An initial
One Hundred Thousand and 00/1 00 Dollars ($100,000.00) as earnest money ("Initial Earnest
Money"), which Seller acknowledges receiving upon execution of the Purchase Agreement on
May 18, 2006; an additional earnest money payment ("Additional Earnest Money Payment") of
One Hundred Fifty Thousand and 00/1 00 Dollars ($150,000.00) to be deposited with Carver
County Abstract ("Title Company") within three (3) days of all parties executing this
Amendment; and an additional Four Million Nine Hundred Thirty-five Thousand Two Hundred
and 00/100 Dollars ($4,935,200.00) on the closing of Phase 1. The remaining Purchase Price of
One Million Seven Hundred Fourteen Thousand Eight Hundred and 00/1 00 Dollars
($1,714,800.00) shall be paid on the closing of Phase II. The Additional Earnest Money
Payment and the Initial Earnest Money shall become non-refundable and shall be paid by Title
Company to Seller upon satisfaction of the contingencies in Paragraph 7 of this Purchase
Agreement. The Purchase Price contemplates that Phase I will contain fifty-three (53) single
family lots, two (2) outlots and a to-be-created outlot of approximately 27,000 square feet and
Phase II twenty-eight (28) single family lots, as shown on the preliminary plat of Pioneer Pass,
attached hereto as Exhibit A. Attached as Exhibit A-I is a listing of the lots in each Phase. The
division of the plat into phases shall be subject to the approval of the City of Chanhassen. If the
City approval results in a different number of lots in the first phase the allocation of the number
of lots in each phase shall be adjusted accordingly. If the number of lots is changed by the City,
Doc# 216332712
~..
the Purchase Price for Phase I shall be adjusted upward or downward based on Eighty-five
Thousand One Hundred Eighty Five and 19/100 Dollars ($85,185.19) per lot based on the
number of lots allowed by the City in Phase I that is more than or less than fifty-three (53) lots
and a commensurate adjustment in Phase II so that the Purchase Price shall remain at Six Million
Nine Hundred Thousand and 00/1 00 Dollars ($6,900,000.00).
4. Closing. The closing of Phase I shall occur on or before September 14, 2006, if
this Amendment is executed by Seller and delivered to Buyer no later than July 18, 2006. If this
Amendment is executed later than July 18, 2006, the closing of Phase I shall occur on or before
sixty (60) days from the date of execution. The closing of Phase II shall occur on or before
January 2, 2008. Buyer may extend the closing date on Phase II until July 1, 2008, by Buyer
giving Seller written notice of such extension at least ten (10) days prior to January 2, 2008,
along with a payment of Twenty-five Thousand Dollars ($25,000.00). The Twenty-five
Thousand Dollars ($25,000.00) payment shall apply against the Purchase Price on Phase II. In
no event shall the closing date be extended beyond July 1, 2008.
5. Preliminary Plat. Seller has obtained preliminary plat approval, rezoning and
comprehensive plan use amendment (contingent on Metropolitan Council review) from the City
of Chanhassen on April 24, 2006 ("Approvals"). Attached as Exhibit B is a letter from the City
dated April 26, 2006 confirming such approvals and listing the conditions for final plat approvaL
Seller agrees, as soon as reasonably practicable, at no cost to Buyer, to furnish Buyer all
documents, grading and engineering reports and data and all other information used in
connection with the obtaining of the Approvals and any other actions related to the development
of the property, including but not limited to dedication of property and commitment to any
special assessments. Seller also agrees to negotiate the transfer of all rights to use the plans,
reports and consultants retained by D.R. Horton, with the exception of D.R. Horton's
environmental consultant, to Buyer as provided in Paragraph 7B of this Amendment.
6. Purchase Price Adjustment. The preliminary plat of Pioneer Pass provides for
eighty-one (81) single family residential lots. If any action of the City or the Seller results in the
final approval of a reduction in the number of single family lots, then the Purchase Price shall be
reduced by Eighty-five Thousand One Hundred Eighty Five and 19/100 Dollars ($85,185.19) per
lot; provided, however, if the number oflots is reduced below seventy-six (76), then Seller, at its
option, may terminate this Purchase Agreement and refund to Buyer all earnest money paid
hereunder. There shall be no reduction in the Purchase Price if the reduction in the number of
lots is a result of actions taken by the Buyer.
7. Contingencies. This Purchase Agreement and the parties' obligations hereunder
shall be contingent only upon the following two items (Buyer having previously waived all other
conditions or contingencies):
A. Buyer obtaining a Phase I and Phase II environmental report reasonably acceptable
to Buyer. Within one (1) day of execution of this Amendment, Buyer agrees to
authorize Braun Intertec, at Buyer's cost and expense, to proceed with the Phase I
and Phase II that WaS previously authorized by Buyer. Buyer shall furnish to Seller a
copy of the environmental report when it is completed. Seller agrees to provide any
available environmental information to and cooperate with Braun Intertec in their
2
Doc# 2163327\2
preparation of the environmental reports. Buyer shall have five (5) days from and
after the receipt of such environmental reports to advise Seller that the reports are
not reasonably acceptable to Buyer and the reason(s) they are unacceptable. Seller
shall have three (3) days after receipt of such notice to advise Buyer that Seller, at
Seller's cost and expense, will (a) have additional tests performed, and/or (b) pay the
cost to remediate or remove any hazardous substances, or (c) elect to eliminate the
property affected by the hazardous substances from this Purchase Agreement and
make an appropriate adjustment in the Purchase Price. If Buyer fails to give notice
to Seller within the five (5) days provided above, then Buyer shall be deemed to
have accepted the environmental reports and waived its option to terminate this
Purchase Agreement. Similarly, if Buyer objects and Seller fails to give the notice
within the three (3) day period provided above, then this Purchase Agreement will
terminate and the Initial Earnest Money and Additional Earnest Money shall be
refunded to Buyer.
B. Seller shall, within five (5) days of execution of this Amendment, deliver to the Title
Company an executed Escrow Agreement and related letters to consultants (James
R. Hill, American Engineering Testing and Graham Environmental Services),
substantially in the form attached as Exhibit C to this Amendment that transfers the
rights to the engineering plans and soils tests and the rights to utilize the services of
such consultants from D.R. Horton to Peterson-Jacques Farm Land Company, LLC
and to Buyer. It is understood that the Escrow Agreement specifically excludes the
transfer any environmental reports prepared by Tetra Tech EM, Inc. Seller will
indemnify and hold harmless Buyer from and against any claim by D.R. Horton that
Buyer does not have the right to use the aforesaid reports, data and tests. Buyer shall
notify Seller in writing 0 f any such claim by D .R. Horton and Seller shall be allowed
ten (10) days after receipt of such notice to cure such default. If Seller is unable to
cure the default within the time allowed, Buyer may waive such contingency or
terminate this Purchase Agreement and the Initial Earnest Money and Additional
Earnest Money refunded to Buyer and neither party shall have any further liability
hereunder.
8. Conditions for Final Plat Approval. All conditions of final plat approval for
Pioneer Pass, except as herein specifically provided as the responsibility of Seller, shall be the
obligation of Buyer to satisfy, at Buyer's sole cost and expense. Buyer shall immediately
proceed and thereafter diligently pursue the obtaining of final plat approval from the City.
The obligations of Buyer shall include, but not be limited to, the following:
A. Buyer shall be responsible for the construction of the street extension from the
southern edge of the plat to Pioneer Pass to Pioneer Trail across MnDOT right~of-
way.
B. Buyer shall be responsible for grading, seeding and parking lot construction of the
new City park as provided in the Approvals. Any reimbursement for such
construction from the City shall go to the Buyer.
3
Doc# 2163327\2
C. Buyer will be responsible for plant restoration in the Bluff Creek Overlay District for
construction of storm water ponds.
D. Buyer shall be responsible for construction of offsite storm water ponds to serve the
development.
The Seller shall be responsible for the following:
A. Seller will donate and/or sell the required park land to the City, as required by the
Approvals. The proceeds of any sale of park land to the City shall in all events
belong to the Seller.
B. Seller will, by separate easement agreement, grant an easement to Buyer to allow
grading and installation of utilities across Phase II prior to the Phase II closing. The
easement agreement will provide for an indemnification and hold harmless of Seller
by reason of Buyer's presence on the Property, and shall require that Buyer keep
Phase II free from any liens or encumbrances.
C. Seller granting the adjoining property owner to the west a temporary construction
easement allowing such owner to rough grade a portion of the Property to match the
grades of the adjoining property, as is more specifically provided in the Easement
Agreement.
D. Seller has agreed, as part of the plat approval for Pioneer Pass, to grant to the City an
easement for ponding and wetland mitigation on Outlot A, Pioneer Pass ("Outlot
A"). Seller shall, at closing, grant to Buyer an easement across Outlot A to access
and construct the storm water pond and create the wetland mitigation area required
by the City. In addition, Seller shall agree that as part of the final plat Buyer will
create an Outlot over approximately 27,000 square feet in the northeast corner of the
property and convey at closing said Outlot to Buyer.
E. Seller agrees to sign the Plat of Pioneer Pass, but makes no representation or
warranties with respect to the same, including suitability, drainage, soil condition
and similar matters.
F. Seller acknowledges that the Planning Commission of the City has recommended as
a condition to final plat approval of Pioneer Pass (Condition #45) that future utility
services and access to Outlot B be determined. Seller agrees to use reasonable
business efforts to eliminate the access requirement of such condition. Buyer agrees,
at Buyer's expense, to stub the sewer and water utility lines to the easterly property
line of the plat of Pioneer Pass, as shown on the plat submission to the City.
9. Seller Representations. Seller hereby makes the following disclosures relating to
the environmental condition of the Property:
(i) Approximately fifteen (15) years ago, Seller spread (or allowed to be spread)
petroleum-contaminated soils on approximately twenty (20) acres of the
4
Doc# 2163327\2
Property pursuant to a plan approved by the Minnesota Pollution Control
Agency.
(ii) A single barrel that had leaked petroleum products was found on the Property.
The spill site was remediated under the direction of Tetra Tech EM, Inc. by
Rehbein Companies (contact Alex McClean) in December 2005 and January
2006.
(iii) Seller does not know of any individual sewage treatment systems on or
serving the Property, except that Seller discloses that an old farmhouse is
situated southeasterly of the Property within the area taken by MnDOT as
road right-of-way, and Seller has not previously confirmed whether the
individual sewage treatment system for that homestead is situated on the
Property or within the MnDOT right-of-way.
1 O. Special Assessments. Buyer shall assume all assessments that are levied or
deferred as of the date hereof and all assessments pending as of the date hereof or hereafter
levied with respect to the Property per the allocation based on the attached tabulation of special
assessments from Kimley-Hom for the column labeled "Large Developable Parcel (Old DR
Horton Site) Area 1 and 2 (Exhibit D). Seller and Buyer agree that, if they pursue a reduction in
the assessments on the property being purchased or, in the case of Seller the remaining portions
of the property, and are successful in reducing the assessment, such action will not result in
transferring any additional assessment amount to the other. If such action does result in an
increase in assessments to the other's property by reason of such transfer, then the resulting
increase shall be paid by the benefiting party to the other.
11. Prorations and Closing Costs. Seller and Buyer agree to the following prorations
and allocations of costs, fees, taxes and special assessments with respect to the Property, which
the parties will pay at the applicable closing:
A. Title and Closing Fees. Seller shall pay fees charged by Title Company related to
issuing the Title Commitment, including all examination fees and title search fees.
Buyer shall pay the premium(s) for the Title Policy. Seller and Buyer shall each
pay one-half (1/2) of any closing fee charged by Title Company. With respect to
all other costs, each party shall pay its share of the closing costs which are
normally assessed by Title Company against a seller or buyer in a transaction of
this character in the County.
B. Deed Tax and Recording Fees. Seller shall pay any deed tax, conservation tax, and
the cost of recording any documents necessary to cure any title objections or
otherwise transfer good and marketable title to Buyer. Buyer shall pay all
document recording fees for the warranty deed.
C. Real Estate Taxes. Seller shall pay all real estate taxes due and payable in the
years prior to the year of closing of the applicable Phase. Real estate taxes due and
payable in the year of closing shall be pro rated on a calendar basis at closing,
effective as of the applicable date of closing. If a closing shall occur before the tax
5
Doc# 2163327\2
rate is fixed for the year of such closing, the apportionment of the taxes shall be
upon the basis of the real estate taxes for the preceding year, but any difference in
actual real estate taxes for the year of such closing shall be adjusted between the
parties to the actual amount upon receipt of written evidence of the payment
thereof. Buyer shall pay all real estate taxes payable in the years after the year of
closing of the Phase being purchased. In the event a Phase to be purchased by
Buyer is, on the date of closing of such Phase, taxed as a part of a larger parcel,
Seller shall at the closing of such Phase deposit into escrow with Title Company
sufficient funds to pay Seller's pro rata share of the taxes for the current year (and
all prior unpaid taxes) for such larger tax parcel, and Buyer shal~ at the closing of
such Phase, deposit into escrow sufficient funds to pay Buyer's pro rata share of
the taxes for the Phase. Notwithstanding anything to the contrary herein, Seller
shall pay the real estate taxes and installment of special assessments payable
therewith up to the date of closing on Phase II; provided, however, Buyer shall
reimburse Seller, at the Phase II closing, for all installments of special assessments
paid by Seller on Phase II since the closing of Phase 1.
D. Deferred Taxes. Seller shall pay all "Green Acres" recapture taxes or similar taxes
attributable to agricultural or special use valuation or any other deferred taxes with
respect to the Property, if any. Seller may work with Title Company and the
County to apportion any such recapture between Phase I and Phase II and to pay
only that portion due at the applicable closing.
12. Ownership of Documents. If this Purchase Agreement is terminated for any
reason, Buyer shall furnish to Seller, at no cost to Seller, in addition to the environmental reports
and appraisal, all rights to and copies of all engineering, soil and other reports done in connection
with the Property prior to the termination of this Purchase Agreement.
13. Commission. Seller and Buyer each hereby warrant and represent to the other
that no brokers, agents, finder's fees, commissions, or other similar fees are due or arising in
connection with the entering into this Agreement, the sale and purchase of the Property, or the
consummation of transactions contemplated herein. Any compensation due for John E.
Chadwick of 1. Edwin Chadwick, LLC, will be paid by Seller. Seller and Buyer each hereby
agree to indemnify and hold the other harmless from and against all liabilities, loss, cost,
damage, or expense (including, but not limited to, attorneys' fees and costs of litigation) which
the other party shall suffer or incur because of any claim by any other broker, agent, or finder
claiming by, through or under such indemnifying party, whether or not such claim is meritorious,
for any compensation with respect to the entering into of this Agreement, the sale and purchase
of the Property, or the consummation of the transactions contemplated herein.
14. Notices. Any notice or communication required or permitted hereunder shall be
deemed to be delivered, whether actually received or not, when deposited in the United States
mail, postage fully prepaid, registered or certified mail, addressed to the intended recipient at the
following address, or when delivered, if delivered personally to such address. Any address for
notice may be changed by written notice so given.
6
Ooc# 2163327\2
If to Buyer:
with a copy to:
If to Seller:
with a copy to:
and a copy to:
John Knoblauch
1450 Knob Hill
Excelsior, MN 55331
Terry Schneider
Project Developers, Inc.
600 So. Hwy. 169, Suite 1580
St. Louis Park, MN 55426
Severin H. Peterson, Jf.
Peterson-Jacques Farm Land Company, LLC
15900 Flying Cloud Drive
Eden Prairie, MN 55347-4047
Facsimile No: 952-937-1598
Bruce G. Odlaug, Esq.
Lindquist & Vennum P.L.L.P.
4200 IDS Center
80 South Eight Street
Minneapolis, MN 55402
Facsimile No: 612-371-3207
John Chadwick
11430 Zion Circle
Bloomington, MN 55437
Facsimile No: 952-886-0492
15. Assignment. Buyer may not assign this Purchase Agreement, in whole or in part,
at any time without the prior written approval of Seller; provided, however, that Buyer may form
a limited liability company (anticipated to be named Pioneer Pass LLC), to include himself and
additional builders, provided that John C. Knoblauch retains an ownership interest in the new
entity, and the reputation and financial condition of any additional builders do not negatively
impact the ability of the entity to perform under this Agreement, and provided further that the
limited liability company assume all obligations of Buyer under this Purchase Agreement. If and
when additional builders are added or included in the ownership entity, either a balance sheet and
profit and loss statement for the last two (2) fiscal years or a letter from a financial institution
stating that the builder has the financial capacity to complete its share of this transaction shall be
furnished to Seller.
16. Except as amended or modified herein, the Purchase Agreement is in full force
and effect and is hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Purchase
Agreement the day and year as noted below.
Doc# 2163327\2
7
SELLER:
PETERSp,N-JACQUES FARM LAND COMPANY, LLC
I' !
By:,...
Its:
Dated: 7 - Ie'?" tJ 6'
BUYER:
4L L. ~~
JohnAZuoblauch or Pennitted Assigns
Dated:
7 / /5 / 8 ~
t' '
The undersigned agrees to act as Escrow Agent pursuant to the terms of the foregoing Purchase
Agreement.
CARVER COUNTY ABSTRACT COMPANY
By:
Its:
Dated: July , 2006
8
Doc# 2163327\2
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Exhibit A~1
(Lot designation based on Preliminarv plat lot numberS)
Phase One I Phase Two
Lot # Block # Lot # ' Block #
1 1 12 1
2 1 13 1
3 1 14 1
4 1 15 1_
5 1 16 1
6 1 17 1
7 1 18 1
- 8 1 19 1
9 1 20 1
10 1 21 1
11 1 22 1
28 1 23 1
29 1 24 1
30 1 25 1
26 1
1 2 27 1
-
2 2
3 2 15 2
4 2 16 2
5 2 17 2
6 2 18 2
7 2 19 2
8 2 20 2
9 2 21 2
10 2 22 2
11 2 23 2
12 2 24 2
13 2 25 - 2
14 2 26 2
27 2
28 2 I
29 2
30 2
31 2
32 2
-.
1 3
---- 2 3
3 3
4 3
5 I 3
6 3
7 3
8 3
9 3
10 3
11 3
12 3
13 3-
14 3
15 3
1 4
2 4
3 4
4 i 4 I
_._-- Outlot E
Outlot F
New Outlot NE corner I
Ma~ 10 2006 2: 13PH
MAY. 10,2006 2:49PM
Chadw i ck Group, I no
LINDQUIST '" V~NNIIM
...'
Exhibit B T
1-866-734-3621 p.2
c.~~) ~~2~7 P, .2. eves
1635099154 P.01/09
l'IH I-~a;-C;~~Q ."". ~'-!
MAY-02-2006 10:26
CITY OF
CHANHASSEN
noo MrMl Souevwo'
POBox 147
ChanlJ<JSib1, MN 55317
AlIm/lll&llallO n
l't1one; 952.227.1100
Fax: 952227.1110
Bulldlna l/l!p~clInllS'
P!lOI\4: 952.227.1160
Fax: $2.227.1100
EnaiResring
PhQne: 952.227.1160
Fax: 952.227.1170
1'Il1in;u
?1lo1lC: ffi2.227,114D
Fax: 9S2.W'.1110
Park &: A.a~rlliltlOll
PhQf11!: ~.227,mO
Fax: 952227.1110
~on Cl!nla'
2310 CoIl/fer Boul~
Pl'illle: 952..227.14m
Ftt 952227.14001
Plllnnil1lJ&
Nalullll R8$1)~
Phone: 952.227.1130
Fad5222i .1110
Mil. Worts
1591 P,uk Road
?i1Ol1e: 0'.i2.227.1:lOO
Fax: 952.221.1310
SeRler Cenl2r
Phooe: 952227.1125
FiX: 952.227.1110
Web Slle
Wtffl.Ci, cnarlll4Ssw.n111.US
Ap.riI26,2006
7671
Phcna ,
Co.
Phone It
Fax'
F~' ~lJ..-?1\...r 1
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Mr.lohn Chadwick
J. Edwin Chadwick. LLC
11430 Zion Circle
Bloomington, 'MN 554S7
Re: Pioneer Pass - Planning Case #06-09
Dear Mr. Chadwick:
This letter is to confum that on April 24. 2006, the Chanhassen City Council
approved the following:
A. "ComprehertSive plan Land Use Amendment from Residential- Medium
Density ~d OfficelJndustrial to Residential - Low Density of the land within the
Plat of Ploneer :Pass except for Outlots A, B, C, D and 0 contingent on
MetropoJitan Council review."
B. "Rezoning of ~e Jand~within the Plat for Pioneet ;Pass exaept for outlots At B,
C. D and at Pioneer Pass, from Agricultural Estate District, A2. to Residential
Low and Medium Depsity Distric~ RLM."
c. uPl'elixninary PJat for 'Pioneer Pass" creating 81 lots, 9 outlets and right-of-
way for public streets, plms prepared by James R. Hill, Inc" dated 213/06,
subject to the following ~onditions:
1. The' de-y;el'Oper,mal~. ~ ooise armY3iO'~ n~sj; 'that 'Will OQ
'generated'QY ttafflc. on ~v(a}' 31~ and Noneer Trail. The analysis shall
identity appropriate noise mitigation measures to meet noise s~nd.ards for
residential homcs.'
2. The developer shall pay $21,547.00 as their portion of the 2005 AUAR.
3. The applicant shall plant 369 trees within the development, 98 overstoI)' and
required buff~ yard plantings trees along Collector Road D and buffer yard.
plantings tor lots along the south property line.
4. Each lot shall have a minimum of two QVerstory deciduous trees planted in
the front yard.
5. The applicant shall install the tow required buffer yard along Collector 'Road
]) or show proof of berm height of:3 feet or higher along the length of the
street and adjust the <:Jrnmtities of understory and shrubs ao;ordingly.
TtI. City 01 CfunhaullR · ^ VIewing community wnn clean lakes, qualill'scllools. a ch.1aninq dOlYllfown, thrlvinq businesses, winding ~Is. and beaulillJl parks. A gl1l3l pUce to IlVt. ~. and play.
Ma~ 10 2006 2:13PM
MAY. 10. 2006 2: 49PM
I'lHY-l<l;.!-~l::ll::lb lkj:..:S4
MAY-02-2006 10:27
Chadw i ck Group, I nc
LINDQUIST & VENNUM
llN~UI~M
CONSLL TING MGMT CONST
1-866-734-3621
"'-NO. 268~P.
61237132~7
7635099154
p.3
3
P. 02~9
P.02/09
Mr. John Chadwick
April 26, 2006
Page 2 of 8
6. The applicant shall development a reStoration plan includitlg native plantS for the Bluff
Creek Ov~la.y district north of Block 1. The plant species shall be seleoted from the Bluff
Creek Management Plan Appendix C. The final pltm must be reviewed and approved by the
efty before installation.
7. Signage for the Bluff Creek Overlay J?istrict must be posted on every other property comer
where tesidential yards meet the primary zone.
8. The 950 COllT.OUI' shall be extended over lots Sand 6, bl~k 3 to provide more coverage from
headlights for those homes.
9. Dedication of OUrlots A and G shall ~ made to the city or a conservatiOn easement shall be
established over said outlots.
10. The developl:!r shall designate a 4.72 acre neighboxnooa park site, Outlot R. This
property shall be transferred to the city by warranty deed with 3.79 acres of the site bei-ng
dedicated! donated by the a.pplicant/owner and the remaining 0.93 acres being purchased
by the City of Chanhassen. The city shaH compensate the owneIiapplicant $218,550 in
total compensation for said 0,93 acres,
11. The developer shall rough grade and cover seed the park site and construct a 20 stall parking
lot for an additional not to exceed payment of $50)000 from the city. The parking lQt shall
include insutlnountabJe curb. Construction plansfO;r all improvements within the borders of
the park shall be submitted to the Park & Recreation Director for approval. prior to initiating
COl1atruction of these improvements. All material and laborco$ts am reimbursable. Design,
engineering, and testing services associated with these improvements ahaII be provided by
the applicant.
12. The applicant shall submit a complete weiland :replacemant plan and must receive
approval of the replacement plan prior to alteration of wetlands. Wetland replacement
shall occur in a marmef consistent with Chanhassen City Code and the Minnesota
Wetland Conservation Act (MR. 8420).
13. Wecland mitigation shall not be proposed for the northeast comer of the site in order to
ensure adequate a:rea for a road connection to the property tothQ east of the sHe.
14. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all AglUrban wetlaIlds. Wetland buffer areas. shall be preserved,.
surveyed and staked in accordance with the City' 5 wetland ordinance. The applicant shall
install wetland buffer edge signs, under the dirtlCtion of City staff, before con5truction
begins and shaU pay the City $20 per sign. All s~s shall be set back 4() fe(:t from the
edge of the wetland buffer. The wetland buffer setback shall be shown on the plans.
J&.-:6'y ?te~'QJi: m~"i:}ropertY't1J.i1i"':irieet"1he:"Ci:ty~.~~ for:.'(,lutfs (i,e., slope greater. than
Ma~ 10 2006 2:14PM
MAY. 10.2006 2:49PM
Chadwick Group, Inc
LINDQUIST & VENNUM
MAY-{12-2006 10:27
CONSUL Tl NG MOO CONST
1-866-734-3621 p.4
E~O., 268:20'7 P. 4.133/00
7635099154 P.03/~9
l'Ir-tJ -t:Jc- c..\!:JIC.JU ....CoI....r-t
rvl'r. John Chadwick
Apri126,2006
Page :3 of 8
or~iiaita io%:~~~'.n~in slope9fa~'I~stZ'feeiilbC)veihe toe) shall be_presexy~.:. In
addition all Sl:1'Uctures shall maintain a 30-foot setback from the bluff and no grading
may Q(:~ur within the bluff impact zone (i.e., the bluff and land located within 20 feet
from the tOP of a bluff). The plans shall be revised to show any areas meettt1g the City's
bluff criteria.
16. No alterations shall be permitted within the primary corridor or within the fim 20 feet of
the setback from the primary coIridor without a variance, AU structures must meet the
4O-foot setback. from the primary corridor.
17. The applicant shall demonstrate that storm. water management along the southwest
property line ofLot$ 25-31, Block 2 is adequate to prevent drainage issues for future
homeowners.
18. The outlet for Pond 2 shall be moved westward to increase the flow distance between the
inlet and. outlet structures.
19. Drainage and utility easementS with a minimum width of 20 feet shall be provided over
all existing wetlands) wetland mitigation areas., buffer ar~ll$ used as public value credit
and storm water infrastructure.
20. Energy dissipa.tion shall be provided at the flared..end section inlet to Pond 2 wi thin 24
hours of installation. AdditioTlal blanket shall be provided for stonn sewer installation
area for inlet infrastructure: to Pond 2. The access area shall be protected with erosion
control blanket upon the establishment of final grade. Erosion control blanket shall be
used on the slopes within Lots 31-24, BJock 2. Mulch shall be substituted for the blanket
proposed for the berm axea of Block 3 along Street D.
21. T!mporary sediment basins shall be provided. in existing watersheds 1 and 3 during mass
grading activities. 'Where 10 acres or more of exposed area come to a discernable point
of discharge to a wetland or waterway, a tempOl'ary basin shall be provided. The
proposed storm water basins in proposed cir3inage areas 2, 6 and 7 shall be temporary
sediment basins until the contributing areas are stabilized. The temporary outlets could
be instaJled in place. of the permanent ,outlets.
22. Perimeter control (silt fellce) shall be installed prior to grading along the south side of the
Stree& D and CSAB 14 (pioneer Trail) inte1'SeotioD. AJI silt fences near flared-end
sections shall be installed up and around fiared-end sections so water is not discharged
against the silt fence, causing it to fail,
23. An outlet area shall be defined fOr the two areas labeled as temporary sedimentation
basins during the rough gradinglsubcut street phase of development. Any shredded wood
material from tree removal shall be saved for temporary mulch berms/vehicle ex.it pads as
Ma~ 10 2006 2:14PM
MAY. 10. 2006 2: 49PM
rIHY-ICl.::::-~ldIab UP.54
MAY-e2-20e6 10:28
Chadwick Group, Inc
LINDQUIST & VENNUM
L.JNWUJ~llioYt:.NNur'l
CONSULTING MGMT CONST
1-866-734-3621
NO. 268
6..L.o:..Jr.l.-J207
7635093154
10.5
p, 5
l"".04/~9
P.04/09
Mr. John Ch~wiok
April 26, 2006
Page 4 of 8
needed. Typical silt fence shall be installed prior to initiaJ rough grading activities along
the west side of Outlot H to the proposed "street by others."
Z4. The total SWMP fee shall be paid to the City at the time of final plat recording. 'The
esti.tnated toUll SmIP fee at this time is $165,600.
25. The applicant shall apply for and obtain pcmnits fJ:Om the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed DisUiQ't, Minnesota Pollution Control Af!Jm.c:y
(NatiOJI3l Pollutant Discharge Elittrlr1ation System Construction Pert.llit), Minnesota
Dep311:ment of Natutal ResOUICeS (dewatering permit), Army Corps of Engineers) and
comply with their conditions of ap~oval.
26. A lO-foot clear space must be maintained around fire hydrants~ i.e., street lamps, trees,
shrubs, bushes, Xc:el Ene1iY, Qwest, cable TV and tnmsfonner boxes. This is to ensure that
rue hydrants can be quickly located and s~f~Jy operated by firefighters. Purswmt to
Chanhassen City Ordinance #9-1.
27. Fire apparatUs access roads and water supply for f1re proteetion is required tQ be installed.
SllCh protection shall be instilled and made serviceable prior to lllld during the time of
construction except when approved altemate methods of protection am provided.
2S. Temporary street signs shall be installed on street intersections once construction of the new
roadways allows passage of vehicles. Pursuant to 2002 'Minnesota Fire Code Section 501 A.
29. Fire apparatus access roads shal..1 be designed and rt.Iaint2ined to support the imposed load of
fire apparatus and shall be $'er'Yiced so as to ptcv:ide a11~weather driving capabilities.
Pursuant to Minnesota F1re Code Section 503.2.3.
30. Submit proposed street names to Chanhas&en Building Official and Chanhassen Fire
M:arshal for review and approval,
31. Fire hydrant &pacing is Wlacceptable. Locate f1I'e hydrants at intersections and in cul-de-sacs
and at 300 foot spacing. Most spacing is in excess of 400 to 500 feet at this time. Submit
revised fire plans to Fire Marshal for review and approval,
32. Before site grading commences. the existing building .and driveway access off Picmeer Trail
onto the property must be removed.
33. On the grading plan, add a note to n:move any existing hQuse and driveway access.
34. The developer's en.gineer must work with Liberty on Bluff Creek's engineer to ensure thaI
the proposed grading on each property matches at the property line.
35. Ground slopes shall note:.r.ceed 3:1.
Ma~ 10 2006 2:14PM
MAY, 10, 2006 2: 50PM
Chadw i ek Group, I ne
LIN~QUIST & YENNUM
MAY-02-2200 1121: 28
CONSUL T1 NG MGMT CONST
1-866-734-3621
NO. 268
6J.~':\"(J.$21:17
7635099154
p.s
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L.J'''U..IutUJ.''''''' ~""CJ'iI"J.J'.1
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1-'.05/89
P. 05/09
Mr. John Chadwiok
April 26, 2006
Page 5 of S
36. A minimum 75...foot long rock constructio~ entrance must be shown on the plans.
37. Retaining wQ.]ls must be designed by a structural engineer :registered in the State of
Minnesota and require a buildJ'ltg permit if greater than 4 feet in height.
38. The developer shall work with MnDOT to move the access ~Pi.qn~.er.Trail so tQar.it aligns_,
with the MnDOTs street On the south sida. ,Tfii~ioPfonetrT~l-sb,all.:l:1!!:,.Qo~!+UC~!i
.' in t6njunction,~~thtdir#pIi~ oftne development., ' '
39. The property is 31&0 subject to sanitary sewer and water hook-up ch~ for all of the lots.
The 2006 trunk utility hook-up charges are $1,575 per unit for sanitary sewer and $4,078 per
unit for water. The 2006 SAC charge is $1,625 per unit.
40. The Arterial Collector Roadway Fee of $2,400/devclopable acre will need to be paid at the
time of final plat recording.
41. All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards wi!b 1naXimum 3:1 slopes and 10:1 benches at the NWL. Revise accordingly.
42. All of the proposed housepads rnu.st have a rear yard elevation of at least three feet above
the HWL of the adjacent ponds.
43. Storm sewer calculatioos and drainage map :lUIlSt be submitted with the final plat
application. The storm sewer must be desi~ed to accommodate a lO-year, 24-hour storm
event.
44. The last public stonnw.ater ~ that is road-accessible prior to discharging to a water
Pod)' must have fl3-foot sr.unp pump.
45. future utility service and access to Outlot B needs to be detemrined prior to final plat.
46. The applicant shall include a draintile system behind ~ curbs to convey sump pump
discharge from homes.
47. Add catch basins in the back yards of Lots 1-15, Block 3 connecting to Street C stonn
sewer. Also add a catch basin aloog Street A in front of Lots 25-28 and between Lots 15 &
16 ami 4 & 5~ Block 1.
48. AIl plans must be signed by a registered Civil Engineer registered in the State of Minnesota.
49. The catch basin between I..ot& 6 & 7 must l;lehuilt with two inlet openings.
50. Tree preservation fencing must be installed a.t the limits of tree removal. '
M~Y-02-2006 Hli 28
Chadw i ok Group, I no
'LINDQUIST & VENNUM
l.l NJ.JbIU I::' llSoVI;;;NNUI'1
CONSIl.. T l NG MGMT CONST
1-866-734-3621
NO.2 6 8
6123'713~7
7635099154
p.7
Ma~ 10 2006 2: 15PH
MAY. 10. 2006 2: 50PM
l'IHI~-a:l1<.lQ .l.\:I'~
P. 7
P. 06/09
P.06/09
Mr. John Chadwick
April 26, 2006
Page 6 of 8
.s 1. An easement is required from the appropriate property owner for any off~site grading.
52, Jf importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
53. Utility services for the 'buildings must be shown on the final utility plan. Sanitary services
must be 6-inch PVC and water service must be l.inch copper, Type K ;md will require a
City Building Department inspection.
54. Extend the silt fence along the south to the back. yard of Lot ZST Block L
55. No retaining waD is allowed within any draint\ge and utility easement. Re'Visc the retcil1ing
wall between Lots 22, 23 and 24, Block 2, accordingly.
56. All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a development cont.l'm with the City and supply the necessary financiill ~curity
in the form of a letter of credit or cash escrow to guarantee instaI1ation of the improvements
and the conditions of final plat approval. The applicant must be aware thn! all public utility
improvements win require a preconstnlCtion meeting before buiIdi'ng permit issuance.
57. Permits from the appropriate regulatory agencies will be required prior to constroction.
including but not limited to MPCA, NPDES. MnDOT. Department of Health. Carver
County and Watershed District.
58. Reroute the sanitary sewer from Street A and the north-south COIridot intersection to
minimize the sewer depth. Relocate the southern sanitary sewer out of the stormwater pond
easement at Outlot E.
59. Add a pressure relief valve to the watermain alon~ StreeI D between Outlots E and F. Thi&
will be a City improvement cost but installed by at the time of development
60. In-home pressure reducing 'Water valves :rrnlY be required on all lots with 2 lowest floor
elevation of 930 or less. Final dewmination for the need of in-home pressure red\Jcing
valves will be made by the City at time of building pennit.
61. The applicant sh3l1 coordinate with the developer of the adjacent propertie$ in the northeast
comer of the site the dedication of public street right--of~way to provide aocess from the
parcel to the north to the parcel 10 the east and :revise the plans accordingly."
D. "WeChmd AlteratioD :Fennit for the grading and filling of wetlands on property subject to the
following conditions:
Ma~ 10 2006 2:15PM
MAY. 10. 2006 2: 50PM
. II I. __ "-..........._ -_.....""f
MAY-0~-2006 10:29
Chadw i ck Group, I nc
LINDQUIST & YENNUM
CONSUL lING W3MT CONST
1-866~?34-3S21 10.8
NO. 268 P. 8
E....G...l (.lJ207 1"'.07/\39
7635099154 P.07/09
&.-.& I '~\.IR,.J,I."'" I ~'-I "'.11 t
Mr. John Chadwick
Aprl126,2006
Page 7 of 8
1. The appHoam shall submit a complete wetland replacement phm and must receive
approval of the .replacement plan prior to alteration of wetlands. Wetland repla!lemeDt
shall oocur in a manner consistent with Chanhassen City Code and the Minnesota
Wetland Conservation Act (MR,S420).
2. Wetland mitigation shall not be proposed ror the northeast corner of the sire in order to
ensure adequate area for a road connection tQ the property to the east of the site.
3. A wetland buffer 16.5 to 20 feet in Width (with a minimum average of 16.5 feet) shall be
maintained around all AgtUrban wetlands. Wetland buffer areas shall be p~rved.
aurveyed and ~ed in accordance with the City's wetland otdinance. The applicant shall
install wet) and buffer edge signs, tlJ1der the direction of City staff, before construction
begins and shall pay the City $20 per sign. All struct:w-es shall be set back 40 feet from the
edge of the werl.md buffer. The wetland buffer setback shall be shown on the plans."
E. ''Con:illiibT'!a1"gse' Perrru.t t<?.P6mlit deYei~ent Wf1iJin tne Bluff Creek OVerlay Distrlcr With a
variance fot' encroachmenrinto the~zone to construct a st~ water pond subject to. the
following conditions:' . .. . - - . -. - .
1. Dedication of Outlots A and G shaH be made to the city or a conservation easement shall
be established over said outlots.
2. Any mas on the property that meet the City's criteria for bluffs (i.e., slope glWter than
or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In
~dition, all SlrUctu.res shall maintain a 3Q-foot setback from the bluff and no grading
may occur within the bluff impact zone (Le.. the bluff and land located within 20 feet
from the top of a bluff). The pla1'1s shall be revised to show any areas meeting the City's
bluff criteria.
3. No alterations shall be permitted within the primary corridor Or within the first 20 feet of
the setback from the primary conidor without a variance. All structures must meet the
40-foot setback from the primary corridor..t
Please note that the Land Use Amendment :must he submitted to the Metropolitan Council for
their review. The City will not be able to act on the final plat umil we have the Metropolitan
Council sign off on the amendment
Final plat document3 must be submitted to the City three weeks prior to the City Council meeting
in which you wish to have your final plat approved. Conditions of the preli.tninary plat approval
must be addressed for final plat approval. Enclosed is the list of items required for submittal for
final plat approval.
Ha~ 10 2006 2:16PM Chadwick GrQup, Inc
MAY. 10.2006 2:50PM LlNDQUIST & VENNUM
MRY-02-2006 1~: 29 CONSULTING MGMT CONST
1-866-734-3621 p.9
NO. 268 P. 9
6~~~(~32~ ~.08v09
7635089154 P.08/09
. . II ....... l.wc...ouu ..&.Y. -.J-r ...."l"""loOIt'-'lwl OlVL...I'I-.uJ I
Mr. John Chadwick
Aprll 26, 2006
Page 8 of 8
Should you ha.ve any questions, please feel free to contact me at (952) 227-1131 or
bgenerous@ci.chan'hanen.ttrn.us.
s~'ncerel .
.....~
('"
Robert GeneroUS', AICP
Senior Planner
Enclosures
ec: Alyson Fausk(4 Assistant City Engineer
Jetry Moon, Acting Building Official
g:\pl;m\201lO Pm..nU.i ClI1iCS\06.!l9 pialCt:r pa$l;l:lwl'lMl It.Illlt jmlimI~.doc:
Ma~ 10 2006 2:16PM
MAY. 10,2006 2:50PM
MAY-02-2006 10:29
Chadw i ck Group, I nc
LINDQUIST & VENNUM
CONSULTING MGMT CONST
1-866-734-3621 p.l0
ENO. 268207 p, 1 0~9/09
7635099154 P, 09/09
CITY OF CHANHASSEN
ITEMS REQUIRED FOR FINAL PL.AT CONSIDERATION
The following items are required to be submitted a minimum of three (3) weeks prior to City
Council meeting and payment of a $250,00 final plat review fee:
1. Submit three (3) sets of full size constrUction plans and specifications for staff review and
redU!'I9.
. Utility plans shall $hoW both plan view and profiles of all utilities (sanitary sewer, water
and storm sewer lines). The plan view must show all drainage and utility easements.
. G~ding and drainage plans shall show dwelling type and elevations, wetland5 and
wetland buffer areas, stormwatei' pond NWL and HWL, EOF and catch basin and
storm manl1Qle numbem.
. The construction plans and specifications shall b$ in accordance to the City's latest
edition of Standard Specifications & Detail Plates,
,. 'n'l~ plans shall include traffic slgnaga and street light placement.
2. Drainage calculations for water quantity and quality ponding with maps showing drainage
~roo$ for pre-and post-development conditions and contributing areas to catch basins.
3. Hydraulic calculatiohS and drainage map fot the storm sewer design.
4. Tree Preservation Easements (if appliea~le).
5. Trail Easements (if applicable).
e. Engineer's Cost estimate of Public Improvements:
a. Sanitary sewer system.
b. Water system.
c. Storm sewer drainage system including cleaning and maintenance.
d. Streets, sidewalk and trails.
e. Erosion control.
f. site restoration (seedingr sodding, etc.).
g. Site grading
h. Street fights & signs
i. Engineering, ~urveying & inspection
j. landscaping
7. Five (5) sets (folded) of final plat, one (1) set of reductions (824" x 11j~, and a digital copy
in .tif fonnat.
8. Digital copy of the legal descri~1ir.m of the property in a .doc or .pelf compatible format.
9. Lot tabulations
10. 1":;:; 200' scafe paper or mylar reduction of' the final plat with just street names and Lot
and Block nr"m1ber'$.
11. Legal description of the property/properties to be platted.
Failure to provide any m: the above Items by the required deadline will result In delaying
c:onSlds1'Utlon (Jf final plat before the City CQunciJ.
Upd;ltec' 02-Q3.W
c;:;\encl'form3\firIaJ cl3t submlll:l!.doc
TOTAL P.OO
TOTAL P.09
Exhibit C
ESCROW AGREEMENT
THIS ESCROW AGREEMENT is made and entered into this _ day of l
2006, by and among D.R. HORTON, lNC.-M1NNESOTA, a DeLaware corporation ("Horton");
PETERSON-JACQUES FARM LAND COMPANY, LLC, a Minnesota limited liability
company ("Peterson") and CARVER COUNTY ABSTRACT ("Escrow Agent").
WIT N E SSE T H:
WHEREAS, Horton and Peterson entered into an Option Agreement covering a portion
of the property owned by Peterson and located in Carver County, Minnesota, and being part of
the property legally described on Exhibit A attached hereto ("Property"); and
WHEREAS, Horton, under the terms of the Option Agreement, proceeded to obtain from
the City of Chanhassen ("City") preliminary plat approval of Pioneer Pass for its proposed
development; and
WHEREAS, Horton, in connection with the obtaining of such approvals. retained
consultants, planners, surveyors, and engineers (hereinafter "Consultants'') and incurred
expenses with the City in obtaining preliminary plat approval; and
. .
WHEREAS, the Consultants have prepared surveys, reports, studies and other work
("Consultant Work") in obtaining the preliminary plat approval; and
WHEREAS, the City Planning Commission. granted preliminary plat approval subject to
numerous conditions as set forth in the Staff Report dated March 21, 2006; and
WHEREAS, Horton has elected not to proceed with the project and has not exercised its
option to purchase the Property; and
WHEREAS, Horton has agreed to sell and transfer and Peterson has agreed to purchase
from Horton the Consultant Work on the tenns and conditions hereinafter provided;
NOW, THEREFORE, in consideration of the premises' and mutual covenants hereinafter
contained, it is hereby agreed by and among the parties as follQws:
1. Horton hereby authorizes and consents to Peterson and/or its purchaser'or assigns
to employ the Consultants listed on the attacbed Exhibit B to work on the development and final
plat approval of Pioneer Pass. The authorization and consent includes, but is not limited to, the
,use of all work perfonned by Horton or the Consultants in connection with the Property and the
application for approval of Pioneer Pass. The authorization includes the making of any changes
or modification to such work.
2. Horton has incurred with the Consultants and City those expenses in the amount
set opposite their names on Exhibit B totaling $68,048.72. Horton represents that such expenses
have been paid in full.
Doc# 2156666\1
Jul 13 2006 5:51PM
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1-866-734-3621
p.2
3. Peterson and/or its purchaser or assigns proposes, subject to certain conditions, to
proceed to obtain final plat approval of Pioneer Pass. Peterson agrees, upon obtaining of final
plat approval of Pioneer Pass and the closing of the sale of the Property, to reimburse Horton for
the Consultants' and City's expenses in an amount not exceed $68.048.72. The amount of
reimbursement shall be conditioned upon the extent of the use of the Consultant Work in
obtaining final plat approval. If modifications are made so that some or all of the Consultant
Work cannot be used, then an appropriate adjustment in the reimbursement due Horton shall be
made. .
4. Horton has delivered to Escrow Agent executed letters to each Consultant in the
form attached hereto as Exhibit C. Escrow Agent is directed to mail the letters to each
Consultant . upon payment from the closing proceeds of the sale of the Property the
reimbursement amount as certified by Peterson. Petersen shall, prior to or at closing, certify to
the Escrow Agent and Horton the amount to be reimbursed Horton based on the use of the
Consultant Wark as provided above. Horton also has deposited with Escrow Agent a bill of sale
for such Consultant Work and City deposits in the form attached hereto as Exhibit D. The bill of
sale shall be delivered by Escrow Agent to Peterson at closing.
5. Any notice or other communication in connection with this Escrow Agreement
will be in writing and will be sent by United States certified mail, return receipt requested,
postage prepaid, by a nationally-recognized overnight courier guaranteed next day delivery, or
by personal delivery, properly addressed as follows:
If to Horton: D.R Horton, Inc.-Minnesota
20860 Kenbridge Court, Suite 100
Lakeville MN 55044
Attn: Neil G. Hansen
If to Peterson: Severin H. Peterson, Jr.
Peterson-Jacques Fann Land Company, LLC
15900 Flying Cloud Drive
Eden Prairie MN 55347
With a Copy to: John Chadwick
11430 Zion Circle
Bloomington MN 55437
lfto Escrow Agent: Carver County Abstract
411 Chestnut Street North
Chaska MN 55318
Attn:
6. This Agreement will be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
7. This docwnent may be executed in separate counterparts, each of which and all
together will constitute this document in its entirety.
2
Doc# 2156666\1
Jul 13 2006 5:51PM
Chadw i ok Group, I no
1-866-734-3621
1'.3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year frrst above written.
D.R. HORTON, INC.-MINNESOTA
By:
Its:
PETERSON-JACQUES FARM LAND COtvrP ANY, LLC
By:
Its:
ESCROW AGENT:
CARVER COUNTY ABSTRACT
By:
Its:
3
Doc# 2156666\1
Jul 13 2006 5:51PM
Chadwick Group, Inc
1-866-734-3621
EXHIBIT A
The Southwest Quarter of the Northwest Quarter of Section 26, TO'W"IlShip 116 ~orth, Range 23
West; and the East Half of the Northeast Quarter of Section 27, Township 116 North, Range 23
West, Carver County, Minn~ota.
4
Doc# 2156666\1
p.4
Jul 13 2006 5:51PM
Chadwick Group, Inc
EXHIBIT B
American Engineering Testing, Inc.
(Invoice #31704)
City of Cbanhassen
Development ApplicationslEscrows
Property Owner Labels Invoice
Statement dated 3/20/06
James R. mn, Inc.
(Invoice #31900 - provides total project on
page 2 of 2)
Graham Environmental Senices, Inc.
Invoice #2601201
Invoice #2513304
Invoice #2601202
Carver Soil and Water Conservation District
TOTAL:
5
Doc# 2156666\1
1-866-734-3621
$ 5,575.00
$ 4,180.00
$ 36.00
$ 165.00
$54,672.95
$ 2,092.50
$ 141.71
$ 1,185.56
$
0,00
$68,048.72
p.5
Jul 13 2006 5:51PM
Chadwick Group, Inc
1-866-734-3621
p.s
EXHIBlTC
Re: Preliminary Plat of Pioneer Pass
Gentlemen:
You have performed services on behalf of D.R. Horton, Inc. - Minnesota in connection
with the approval of the preliminary plat of Pioneer Pass, Carver County, Minnesota. We have
paid you in full for your services and have advised you that we have elected not to exercise our
option to purchase the Pioneer Pass property and will not proceed with the development.
Please be advised that we have transferred to the owner of the land, Peterson-Jacques
Farm Land Company, LLC, or its assigns (including but not limited to any purchaser of the
property) ("Ovlner''), all of our right, title and interest in your reports, drawings or other work on
this project. This will also confirm that we previously advised you that you can continue to \york
on further reports, drawings and the like, in connection with obtaining fmal plat approval on
behalf of the Owner making such changes or modifications to the work you perfonned on our
behalf as are requested by the Owner, All such work requested by the Owner shall be at the sole
cost and expense of Owner, and n.R. Horton, Inc. - Minnesota shall not be responsible for any
additional cost or expenses whatsoever.
Thank you for your cooperation in this matter.
Very truly yours,
D,R. HORTON, INC,-MINNESOTA
By;
Its:
6
Do;# 21 56666\1
Jul 13 2006 5:51PM
Chadwick G~oup, Inc
1-866-734-3621
p.?
EXInBIT D
STATE OF MINNESOTA )
) 55.
COUNTY OF )
BILL OF SALE
D.R. HORTON, INC.-MINNESOTA, a Delaware corporation ("Seller''), in
consideration of One Dollar ($1.00) and other good and valuable consideration, to it in hand paid
by ("Buyer"), the receipt and sufficiency of
which are hereby acknowledged, does hereby convey and transfer unto Buyer, its successors and
assigns, the personal property described as follows:
[Fill in Description of Consultant Work]
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the
,2006.
day
of
D.R. HORTON, INC.-MINl"\TESOTA
By:
Its:
STATE OF MINNESOTA)
) 55.
COUNTY OF )
On , 2006, before me, a notary public, personally appeared
, the of
, a
on behalf of
Notary Public
7
Doc# 2156666\1
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SECOND AMENDMENT TO PURCHASE AGREEMENT
2-oft..
ptIS SECOND AMENDMENT, made and entered into this () day of
yl \ , 2006, by and between PETERSON-JACQUES FARM LAND COMPANY, LLC
("Seller") and JOHN C. KNOBLAUCH or permitted assigns ("Buyer").
WIT N E SSE T H:
WHEREAS, Seller and Buyer entered into a Purchase Agreement dated May 18, 2006, as
amended July 18,2006 ("Purchase Agreement") regarding the sale of certain single family lots
and outlots as described in the Purchase Agreement covering property in Carver County,
. Minnesota ("Property"); and
WHEREAS, Seller had agreed, pursuant to Paragraph7B of the Purchase Agreement, to
deliver to the Title Company an executed Escrow Agreement and related letters to consultants;
and
WHEREAS, Seller has negotiated with D.R. Horton, Inc.-Minnesota for a
Reimbursement Agreement in lieu of the Escrow Agreement, and Buyer is agreeable to such
substitution; and
WHEREAS, Seller and Buyer wish to amend the Purchase Agreement on the terms and
conditions hereinafter provided;
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, it is hereby agreed by and between the parties as follows:
1. Paragraph 7B and Exhibit C shall be deleted from the Purchase Agreement.
2. The following shall be substituted in lieu of Paragraph 7B:
"7B Seller has delivered to Buyer a fully-executed Reimbursement Agreement
between Seller and D.R. Horton, a copy of which is attached to this Second Amendment
as Exhibit 1. This contingency shall be deemed to have been satisfied. Seller agrees, at
Closing, or within thirty (30) days of Buyer obtaining final plat approval of Pioneer Pass
(provided that the Closing has not occurred through the default of Buyer) to pay D.R.
Horton, pursuant to the terms of the Reimbursement Agreement, the sum of Sixty-eight
Thousand Forty-eight and 721100 Dollars ($68,048.72). Seller further agrees, at Closing,
to transfer all right, title and interest in and to the Consultant's Work, as defined in the
Reimbursement Agreement, to Buyer.
3. This Second Amendment will be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
4. Except as amended or modified herein, the Purchase Agreement is in full force
and effect and is hereby ratified and confirmed.
Doc# 2167144\1
5. This document may be executed in separate counterparts, each of which and all
together will constitute this document in its entirety.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day and year first above written.
SELLER:
PETERSON-JACQUES FARM LAND COMPANY, LLC
~tkJily
BUYER:
~ ~ kt&~7/Zf>!O~
John Uoblauch /
2
Doc# 2167144\1
SEP-19-2006
16:24
CONSULTING MGMT CONST
7635099154
P.01/02
"'1114,101", co.. St. .....,. MIl a61...MS88
Form 1e1SA 1&%
PURCHASE AGREEMENT
Thl. fo,m OllprDVId by rh. MfnMaot. A..oaialion of
ilEAL TORS", whk:h dloclofma a"y Uab.llv
,rilina CKIC of VII 01 mil"'l. of thia fom,.
· 2004, MIM..OI. AhOCiallon 01 REALTORS", Edlll.. MN
1. Ollt. .l!.!n~...._n......l.Q.Q.L_____
2. P'OI 1 ot ...:...._............._.___.._.._.. Pill"
3. RfiCEIVED Oil John C Knoblaueh f -Buver" J
4.
5: ,h. .um ot .QIU Hundred Thousand and 00/1 OO---.~.n__ -......---;-- ----......-- Doll.,. I $ lOO. 000.00---- I
6. . by @ CHI!eK 0 CASH d NOT!! .. ..<non mo....,. '0 bo dopa.llod UP'" __ 01 ""'_ All_mane by d putl... o. or
- fc:Nct on'l - ,
7. tr..ote th. third buatn... d.1V aHIt' .~tanot. In the tN.t aooo'*rtt at H"dng: btolr... but 10 0. r.tul"n'td to Suyer If !'urchiN AorwmMt l.s
a. nat AQOtIp1,d by S.J1.... S..id ..rn.lf money I, pan P41YMt1nt (01 the PUIf:h... 01 tM pto~nv loe.ted at:
9. SU"' Add'e.l;' _..______ ~
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'2. pla~ of pioneer Pass attached to the ^ddendum ("Property",
1.3.
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garden o\Jlbl: plapts.; Ihn~bl Ind tr"'i Ilorm laaRj storm doctSl lerrl"$.net awnings: window Ihld'lj bUn .
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bltih..cn ~vrn~dlfl., IMJ d.humldlll.r~ lIC1uld toll u,nk , {If tho prop.rty o' Salkuh .aump pUJnp: attKt\ed t.I.~..r:~J antenna:
cabl. TV Jackt and wiring: DUlL T-; we.ha..: ".,.b.g. fI..po.....: Ulah compact!).I: ovan'i COOk-lOO .,ov..; trdC;.lOW.VIf OVlIIn.;
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wh~ch Buv.' BGl"fUI:S I() ~V i4"l tha fOllowing maMe(IQ~lr1 ~ A~.~~ lJ.. ~ J~ 91\ a' 1h .all j . 1 Ai.... il MwJ... IN.
money. anc;t UnanCiing. tht 'a,aI .mount seCUled" a;.m'l mi. DrQptltv to 'und 1hl ..~tlCaM (%J oJ IhO' Jill. priCI.
Such lin.nolng w~1 b. (ch.d ."" ,...,. Qt ~cl: or 0 0 flru m.rtgaga wit/> wbotOl,"" f1..nclng, ..
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-ecMGIL "11..5-
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ow ....~ h.'.ll filar 11 ~ ( J..J t.. ~,....l
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joto.d in bv 1001.1'.. if anv, conlfeying market.blt: U,II. IU-b).un IQ: raa.ok DA.'
fA) tJu.ki"Q ,1\0 JO~n9 Caw.. ord\n.~cu. 11'" and lilldl(lW I.QUI.do,..,. tal 'GllrictlOM H1k1dng to uae or [mprcwC""r'l1 of th, Ptoptl1y without
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If I OI~~"IM"~ ba ~poO~~~;ld"lll: O~~~: matters not obieeted to Qy Buver ___..__.______
o B~.I!R SII ~L P. V ~.~... ... a.'. .. ....1.. .. . J.fa...w_
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......""'n.. pavm..' .f wflloh II IIqulrod .. . ,".. .f ,h. ololing 011111. ul..
o WVl!ll AND S!LUllIiKALL I'IIOAATi AS OFTHI OATI O'OLOSING 0 StLL~ SHALL.P
of specl,l "'aUfIlG'UI 4.nUted '01 Plvm.~1 witn Ih. t..ttt';~~t'?:~.1i In'd ri thl V'" ot dOlin~.
o 6VVI!Il SHALL ASSUME n SELLER SHALL PAY on d...., cia. o,h., ap..lal .........nU I.yj.11 .. 01'11. dlIca O"hl. Agr"/Il.nl.
(Chlleli QA'~
Cj BUYER liHA~L -"SUME 0 Si~LER SHALl. FOA PAVM~NT OF _.r.l ...........n.. DOMino .. 0' ,~. dAta of .1lI.
''''.ok o...J .
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-lcMl:k 0"..-
57. P1oie:c;:t from any IIIUIf.ng: autJlOrltlOl. ,hi C:O.l. o. wtlich P'OI-':1 mlY be """ad Ig.ini1 the pt'OOd,tv. Anv .such notEc:a tocewld bv S.Ut{
~e. 4het lhet date of (hi, Purd'l.ult Agroement ."d beto,. ciOlino shall bca pr'CMdod co Buy"lmmo016"Jv.,
59 I~' F'1.IrchiIJU AQlGftmel'l'f Ind on or boiorCII Ih. dtnt 01 dosing. ttwln the 9'lIni.ot rnoy 8.grO'o in wflti/'l9. on 0 ,1011"0. to plly.
&0. provide jo, 11111 PQyme.,c or. 01' 'Mumd rhe S~'II alllJlme,ul. In 1"'1 IbI ..men.. lither Piny tnf!'( docl.... thl. Putch...
151 A<",umlfll Clncelted bV w(h"n l"'IOdco to It'll! 0 h NCf. roprudntlnQ 01 luJS.'l'\Q en. oCher potty. jn wNd'l C111. thll Pu(ChIA
62. Ao".",e"t i", c.nc.1 clll" ,hi. PurcblH Agl..mcmf t:Gl1l:..Jhrd. BuyOl .nd S.t., JnaH irnmldillel" sign. Cancollltion of
63. Il!IC mol'l.V paid ....r4',.~.A 1A e~ .!.I~ 4.!l.J iJ. 9_._.
MN,PA'H810.)
SEP-19-2006 16:25
CONSULTING MGMT CONST
7635099154 P.02/02
AMENDMENT TO PURCHASE AGREEMENT
. ~ .
THIS AMENDMENT, made and entered into this li day of July, 2006, by and
between Peterson-Jacques Farm Land Company, LLC ("Seiter") and John C. Knoblauch or
Permitted Assigns ("Buyer").
WIT N E SSE T H:
WHEREAS, Seller and Buyer entered into a Purchase Agreement ("Purchase
Agreement") dated May 18, 2006, regarding the sale of certain single family lots and outlots as
shown on the preliminary plat of Pioneer Pass, Carver County, Minnesota ("Property"); and
WHEREAS, Seller and Buyer desire to void a prior Addendum and an Amendment to the
Purchase Agreement and replace said Addendum and Amendment with this Amendment;
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, it is hereby agreed by and between SelIl(r and Buyer that the Purchase Agreement be
amended as follows:
1. The prior Addendum and Amendment to the Purchase Agreement shall be null
and void and replaced with this Amendment.
2. The Purchase Price on Page 1 of the Purchase Agreement shall be changed from
Nine Million and 001100 DOI($9.000.0~0.OO) to Six Million Nine Hundred Thousand and
00/100 Dollars ($6,900,000.00). .
3. Purchase Price. Seller has agreed to sell to Buyer and Buyer has agreed to
purchase from Seller the Property for the sum of Six Million Nine Hundred Thousand and
00/100 Dollars ($6,900,000.00), which Buyer agrees to pay in the following manner: An initial
One Hundred Thousand and 00/100 Dollars ($100,000.00) as earnest money ("Initial Earnest
Money"), which Seller acknowledges receiving upon execution of the Purchase Agreement on
May 18,2006; an additional earnest money payment ("Additional Earnest Money Payment") of
One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) to be deposited with Carver
County Abstract ("Title Company") within three (3) days of all parties executing this
Amendment; and an additional Four Million Nine Hundred Thirty-five Thousand Two Hundred
and 00/100 Dollars ($4,935,200.00) on the closing of Phase I. The remaining Purchase Price of
One Million Seven Hundred Fourteen Thousand Eight Hundred and 00/100 Dollars
($1,714,800.00) shall be paid on the closing of Phase II. The Additional Earnest Money
Payment and the Initial Earnest Money shall become non-refundable and shall be paid by Title
Company to Seller upon satisfaction of the contingencies in Paragraph 7 of this Purchase
Agreement. The Purchase Price contemplates that Phase I will contain fifty-three (53) single
family lots, two (2) outlots and a to-be-created outlot of approximately 27,000 square feet and
Phase II twenty-eight (28) single family lots, as shown on the preliminary plat of Pioneer Pass,
attached hereto as Exhibit A Attached as Exhibit A-l is a listing of the lots in each Phase. The
division of the plat into phases shall be subject to the approval of the City ofChanhassen. If the
City approval results in a different number of lots in the first phase the allocation of the number
of lots in each phase shall be adjusted accordingly. If the number of lots is changed by the City,
Ooc# 216332712
--
TOTAL P.02
Message
Page 1 of 2
Hoffman, Todd
From: Generous, Bob
Sent: Friday, September 29,200610:21 AM
To: Hoffman, Todd
Cc: Fauske, Alyson
Subject: RE: Pioneer Pass, Carver County, Minnesota
Todd:
The park is designated as Outlot D on the plat. We will need to modify the condition of the DC, condition 8. E. 1.,
to mirror this.
1. The developer shall designate a 4.72 acre neighborhood park site, Outlot D. This property
shall be transferred to the city by warranty deed with 3.79 acres of the site being dedicated by
the applicant/owner and the remaining 0.93 acres being purchased by the City of
Chanhassen. The city shall compensate the current fee owner $169,986.76 in total
compensation for said 0.93 acres. The transfer of the above property shall satisfy all park
dedication requirements for Phase 1 and Phase 2 of the development, and no additional park
fees will be required at time of building permit.
Bob
From: Hoffman, Todd
Sent: Friday, September 29, 2006 8:31 AM
T : Aanenson, Kate; Generous, Bob; Gerhardt, Todd; Fauske, Alyson; Sticha, Greg
Subject: FW: Pioneer Pass, Carver County, Minnesota
Good morning
Prior to calling Andrea can you please double check the information in the letter from the Peterson-Jacques
attorney. The purchase price is correct - is Outlot D the correct designation? Any issues with wiring the money?
Anything else?
Thanks
Todd H
From: Andrea McDowell Poehler [mailto:AMcDoweIlPoehler@ck-law.com]
Sent: Thursday, September 28, 2006 4:48 PM
To: Hoffman, Todd
Subject: FW: Pioneer Pass, Carver County, Minnesota
Todd:
Please review email from attorney re: Pioneer Pass deed and easement and call me to discuss.
Andrea
-m-Original Message-----
From: Deborah L. Stowe [mailto:dstowe@lindquist.com]
Sent: Thursday, September 28, 2006 4:21 PM
To: Andrea McDowell Poehler
11/27/2006
Message
Page 2 of 2
Subject: Pioneer Pass, Carver County, Minnesota
The attached document is being sent on behalf of Bruce G. Odlaug.
Andrea,
Attached for your review is a proposed letter regarding Outlot 0 (Park). I will send you a
copy of the proposed deed as soon as completed. Any comments please let me know.
I will also send you a proposed conservation easement for Outlot E. Do you have any
problem with my adding a provision that the easement does not grant any rights to the public
on the subject property. Thanks.
IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you
that, except to the extent expressly provided to the contrary, any federal tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein. For more information about
this notice, see http://www.lindquist.com
11/27/2006
· LINDQUIST & VENNUM P.L.L.P.
'. 4200 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402-2274
TELEPHONE: 612-371-3211
FAX: 612-371-3207
IN DENVER:
600 17TH STREET, SUITE 1800 SOUTH
DENVER, CO 80202-5441
TELEPHONE: 303-573-5900
FAX: 303-573-1956
ATTORNEYS AT LAW
BRUCE G, ODLAUG
(612) 371-5792
bodlaug@lindquistcom
www.lindquistcom
September 29,2006
Carver County Abstract and Title Co., Inc.
411 Chestnut Street North
Chaska, MN 55318
Re: Pioneer Pass, Carver County Minnesota
Dear Ladies and Gentlemen:
We are the attorneys for Peterson-Jacques Farm Land Company, LLC. Our client is in
the process of selling to Pioneer Pass, LLC certain property in Carver County, Minnesota that is
being platted as Pioneer Pass.
The City of Chanhassen ("City") is requiring, as park dedication in connection with plat
approval, the transfer to the City by Warranty Deed of a 3.79-acre site. In addition, the City is
purchasing from our client an additional 0.93 acres adjacent to the 3.79 acres being dedicated for
park purposes. The City is paying as the purchase price for the 0.93 acres the sum of
$169,986.76.
The 3.79 acre and 0.93 acre parcels are being platted as Outlot D, Pioneer Pass. Enclosed
is a fully executed Warranty Deed from our client to the City covering Outlot D. This Deed is
delivered to you in trust pending your receipt from the City of the purchase price of $169,986.76.
State deed tax in the sum of $561.00 should be deducted from the purchase price and the balance
of $169,425.76 wired to our client per wiring instructions previously delivered to you. The cost
of recording the Deed should be the obligation of the City.
If this transaction has not been completed by October 31, 2006, the Deed should be
returned to the undersigned. If you have any questions please call.
Very truly yours,
LINDQUIST & VENNUM P.L.L.P.
Bruce G. Odlaug
BGO/dls
Enclosures
Doc# 2186989\1
Message
(""
I] /' rrv prC~ 0' Page I o~~
/ \}J I tJ Dr/)
Hoffman, Todd rllJ ( ~ /;.,f,/ c
~~~"~~~~~"'~"""~m'" "..~~. . ......... ......~... .."..~l;;l,. ~~..4...~.~." q"':::.L. t-
From: Hoffman, Todd /' J 18 ') ~f ;VJl)!
Sent: Thursday, September 21, 2006 1 :45 PM l' . /f;~ ~ I
To: 'Andrea McDowell Poehler' / I If .; ~
Subject: RE: Pioneer Park Acquisition f: q
~~:~~~:r is dedicating 3.79 acres in lieu of paying park dedication charges. The remain~g Ilr ~ei~~ 13
\,~~~ased by the City althe cost of $218,550. No donation is being made. ~ U vJ I U /'?( fY1
Fr~m: Andre'a McDowell poehle~'[mailt;;~MCDOW~IIPoe,~Ck-I~W'';''-';;] --- -e~ q (1 ~ rtf - ~ -
Sent: Thursday, September 21, 2006 12:30 PM ~'" y I) V
To: Hoffman, Todd .
Subject: RE: Pioneer Park Acquisition \.'
. .
;
::d::ahave a valuation of the property? form:or d?tatid ,r
-----Original Message-----
From: Hoffman, Todd [mailto:thoffman@ci.chanhassen.mn.us] (
To: Andrea McDowell Poehler
Cc: Gerhardt, Todd; Sticha, Greg
Subject: RE: Pioneer Park Acquisition r
Hi Andrea U
Let's go with the title insurance. You can contact Greg Sticha, our Finance Director, to have a check Icut \r-
rfi#flllf
.~
From: Andrea McDowell Poehler [mailto:AMcDoweIlPoehler@ck-law.com]
Sent: Wednesday, September 20, 2006 3:31 PM
To: Hoffman, Todd
Subject: FW: Pioneer Park Acquisition
Todd:
--:::--....
I will be handling the acquisition. ouple of items: 1) Does the City intend to purchase ti
the property (I recommend it); 2) I wil s as I recieve it with the
dollars to be paid by the City and charges in connection with the closing, is there a deadline by which the
City needs the final amoutn in order to cut the check (sometimes, the settlement statement is being
changed right up to the day of closing)? 3) Who do I make the request for funds for the closing to?
Andrea
9/2512006
rS 7- J78r. 1~
SV~ \{~
-,...."'"'..~-'
Andrea McDowell Poehlet
CAMPBELL KNUTSON, P.A.
Suite 317
Eagandale Office Centet
(~l
Message
Page 2 of 2
f'
.-
;.
1380 Corporate Center Curve
Eagan, MN 55121
(651) 234-6224
~);!oehlewck-law.co_m
CONFIDENTIALITY NOTICE:
Ifxou h,IVC rcceived thi,; uansmi88ion in euor, ple:18e iml11cdhte{v notify tl1C' Sender ,wd destroy the Oligi1wl
u,1118mis"ion :uuf it" attach111cl1ts without l'cading or saving in any.manncr. Thank YOlt.
Di8c1aitncr Reg:lrding lJnifiJ1Tll Electronic Transactions Aet (J}linn. St,'ll. :fJ325L.OJ-J9) (UUETA''): [(this
COl.IUllll11ication concerns nc.gotiiltion of a contmct or agreelllcnt, lJE'TA does not ilpply to this
communication. COJ1tr,lCt formation in this matter shall occur onlX with m,wuallx-affixed origimd signatures
on original documents.
This email i..not.11or shall it be deem cd to be, legal advice or counsel, unless therecipicm :l/rcady has an
attorncy-client relationship with thc firm or me. This e-mail docs not create an attorne,.v-clicnt relationship.
-----Original Message-----
From: Roger Knutson
Sent: Wednesday, September 20,20063:19 PM
T : Andrea McDowell Poehler
Subject: FW: Pioneer Park Acquisition
Can you take care of this please?
-----Original Message-----
From: Hoffman, Todd [mailto:thoffman@ci.chanhassen.mn.us]
Sent: Wednesday, September 20,2006 1:41 PM
T : Roger Knutson
Cc: Gerhardt, Todd; Aanenson, Kate; Sticha, Greg; Oehme, Paul
Subject: Pioneer Park Acquisition
Hi Roger
I forwarded a voice mail toyoufromJohnChadwick.Mr. Chadwick works for Sever Peterson and is
assisting him in he sale of his property in Chanhassen. The voice mail contains the name and contact
information for Sever's attorney. In a separate voicemail Mr. Chadwick informed me that the transfer of the
parkland to the City will be from the Peterson/Jacques LLC. He also said that the title work is with Carver
County Abstract and that their closing with the development LLC is scheduled for next Thursday. Please
take the necessary steps to ensure that the City receives title to the 4.72 acre park site as a part of these
transactions. Listed below is the condition in the DC related to this transfer. Let me know what you need
from us.
The following is the condition regarding the park in the development contract: The developer shall
designate a 4.72 acre neighborhood park site, Outlot D. This property shall be transferred to the
city by warranty deed with 3.79 acres of the site being dedicated by the applicant/owner and the
remaining 0.93 acres being purchased by the City of Chanhassen. The city shall compensate the
owner/applicant $218,550 in total compensation for said 0.93 acres
Thanks Roger.
Todd H
9/25/2006
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