Letter to Kreidbergs 11-28-07
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WIIW.ci ,chanhassen, mn .us
November 28, 2007
Gilbert and Jillene Kreidberg
205 Nunan Street
Jacksonville, OR 97530
Re: Lot 1, Block 1, Pleasant Hills 2nd Addition
Dear Gilbert and Jillene Kreidberg:
As an original condition of the purchase of the above-referenced property from
the City, you were to record a restrictive covenant prohibiting the construction of
a building on the northerly 90 feet of Lot 1, Block 1, Pleasant Hills 2nd Addition.
In reviewing the proposed subdivision of the property, we discovered that the
covenant was not recorded.
In order to avoid problems in the future and to fulfill your obligation under the
purchase agreement, the City has drafted a restrictive covenant for your signature.
Please sign the document and have your signatures notarized. Return the signed
document in the enclosed envelope for the City's signature and recording. A copy
of the executed agreement will be returned to you for your records.
If you have any questions or need additional information, please contact me at
(952) 227-1131 or bgenerous@ci.chanhassen.mn.us.
Robert Generous, AICP
Senior Planner
Enclosures
ec:
Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
g:\plan\2007 planning cases\07.26 pleasant hills 2nd addition metes & bounds subdivision\letter to kreidberg restrictive covenant.doc
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play,
DECLARA TION OF RESTRICTIVE COVENANT
THIS DE CLARA TION OF RESTRICTIVE COVENANTS (the
"Declaration"), effective the _ day of , 2007, by the CITY OF
CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"),
and consented to by GILBERT KREIDBERG and JILLENE KREIDBERG, husband
and wife, hereinafter jointly referred to as ("Declarants").
RECITALS
A. Declarants are the fee owners of certain real property located in the City of
Chanhassen, Carver County, Minnesota, legally described as Lot 1, Block 1, Pleasant
Hills 2nd Addition, according to the recorded plat thereof;
B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1, Pleasant
Hills 2nd Addition ("Restricted Land") under a purchase agreement between the City and
Declarants dated October 30, 1989 ("Purchase Agreement");
C. Under the Purchase Agreement, the City's sale of the Restricted Land to
Declarants required a covenant to run with the land prohibiting construction of a building
on the Restricted Land. The terms of the Purchase Agreement specifically provided that
the terms of the Purchase Agreement would survive the closing.
D. Declarants and the City desire to memorialize the covenant required under
the terms of the Purchase Agreement.
NOW, THEREFORE, in consideration of the covenants and conditions
contained herein, including the Purchase Agreement and foregoing recitals which are
incorporated into this Declaration and made a part hereof, Declarants do hereby impose,
create and establish the following covenants, conditions and restrictions upon the
Restricted Land:
1. PROHIBITION ON CONSTRUCTION. No building may be
constructed on the Restricted Land, except for a City-owned building. A "building" shall
mean any structure used or intended for supporting or sheltering any use or occupancy.
A fence may be constructed on the property consistent with City ordinances.
2. RUN WITH THE LAND. The covenants and restrictions set forth in this
Declaration shall run with the Restricted Land, shall be recorded with Carver County
against the title to the Restricted Land, and shall be binding upon and inure to the benefit
of the City and Declarants named herein, their successors, heirs, and assigns, and any
other person or entity at any time hereafter who shall become the owner of the Restricted
Land.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the
Declarants have executed this Declaration.
CITY OF CHANHASSEN
(CITY SEAL)
By:
Thomas A. Furlong, Mayor
By:
Todd Gerhardt, Clerk/Manager
Gilbert Kreidberg
Jillene Kreidberg
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
,2007, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor
and Clerk/Manager of the City of Chanhassen, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
135492.02
2
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
,2007, by Gilbert Kreidberg and Jillene Kreidberg, husband and wife.
Notary Public
THIS INSTRUMENT DRAFTED By:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
AMP/cjh
135492.02
3
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PURCHASE AGREEMENT
AGREEMENT made this 30~ day of OcAO~
, 1989, between
THE CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter
"City"), and GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife
(hereinafter "Buyer").
RECITALS
A. city is the owner of certain real property in the City of
Chanhassen, Carver County, State of Minnesota, (hereinafter "subject
property"), legally described as follows:
The southerly 90 feet of Lot 31, MURRAY HILL ADDITION, lying
east of a line described as follows: Starting at the south-
east corner of Lot 31, MURRAY HILL ADDITION, thence west along
the south lot line of Lot 31, 210.00 feet to the point of
beginning, thence north on a line parallel to the easterly
boundary of said Lot 31.
B. Buyer desires to purchase the subject property, and city is
willing to sell the same to Buyer, subject to the terms hereinafter set
forth.
IN CONSIDERATION OF THE FOREGOING, AND IN CONSIDERATION OF THE
MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:
1. Sale of Subject Property. City agrees to sell and convey to
Buyer by general warranty deed, and Buyer agrees to purchase the subject
property, subject to the following encumbrances:
a) Building, zoning, and subdivision ordinances, and state
and federal regulations;
b) Reservations of minerals or mineral rights to the State
of Minnesota;
c) Public roads, highways, utilities or rights-of-way;
d) Real estate taxes payable in the year of closing and
subsequent years, together with all installments of special
assessments payable therewith and thereafter, whether heretofore
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or hereafter levied or assessed, subject to the provisions of
paragraph 5 herein;
e) A covenant to run with the land that no building may be
constructed on the subject property.
2. Payment of Purchase Price. Buyer shall pay to city as
consideration for the purchase of the subject property the sum of Thirty
Thousand and 00/100 Dollars ($30,000.00), payable as follows:
a) Three Thousand and 00/100 Dollars ($3,000.00) earnest
money in cash, receipt of which is hereby acknowledged by City;
b) Twenty-seven Thousand and 00/100 Dollars ($27,000.00)
in cash, which is the balance of the purchase price, payable on
the date of closing.
3. Title and Examination. City shall, within a reasonable time
after acceptance of this Agreement, furnish an Abstract of Title or a
Registered Property Abstract, certified to date to include proper
searches covering bankruptcies, state and federal judgments and liens.
Buyer shall be allowed twenty (20) business days after receipt for
examination of title and making any objections, which shall be made in
writing or deemed waived. If any objection is so made, city shall be
allowed 120 days to make title marketable. Pending correction of title,
payments hereunder required shall be postponed, but upon correction of
title and within ten (10) days after written notice to Buyer, the parties
shall perform this Agreement according to its terms. If title is not
corrected within 120 days from the date of written objection, this
Agreement shall be null and void, at option of Buyer, neither party shall
be liable for damages hereunder to the other, and any monies paid shall
be refunded to Buyer.
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4. closing. The closing of this transaction shall take place
on or before November 1, 1989, at such location and at such time as may
be mutually agreed upon by the parties.
5. Real Estate Taxes. Buyer agrees to pay all real estate
taxes and special assessments due and payable in the year 1989 and
thereafter. city makes no representation concerning the amount of future
real estate taxes.
6. contingencies. This Agreement is subject to the
following:
a) The City intends to construct a 10-foot wide
driveway/trail access within the city's20-foot wide parcel
which currently abuts the northerly portion of the subject
property, which will in all likelihood require the removal of
one of the mature pine trees.
b) The city intends to construct a controlled access gate
to prohibit unauthorized vehicular access, but which can be
unlocked by the City for routine servicing of the water tower
site.
c) Buyer agrees to promptly clean the subject property of
debris and to build a fence complying with city ordinances along
the westerly and northerly boundary of the subject property.
d) Buyer will be allowed to remove the existing split rail
fence on City property located east of the water tower.
e) The city and Buyer agree to split the subdivision cost
required for this transaction which is in addition to the ~,_
purchase price stated above. XT t ~ F(.4.tt..1\t~ (,t )JD~-;7tlOD +/.l'r1tU P.,<<.: ~,O~
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f) Buyer certifies that they have reviewed this lot split
with the residents of the Pleasant Hill Subdivision and have
obtained their concurrence with the City's proposal to eliminate
one tree and construct the controlled access driveway/trail for
routine use by the City for maintaining the Murray Hill water
tower and appurtenances. The trail is to be for the enjoyment of
the public.
7. Default. If Buyer defaults in any of the agreements herein,
city may terminate this Agreement, and on such termination all payments
made hereunder shall be retained by Buyer as liquidated damages, time
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being of the essence hereof. This provision shall not deprive either
party of the right of enforcing the specific performance of this
Agreement, provided this Agreement is not terminated and action to
enforce specific performance is commenced within six (6) months after
such right of action arises. In the event Buyer defaults in his
performance of the terms of this Agreement, and notice of cancellation is
served upon Buyer pursuant to M.S.A. 559.21, the termination period shall
be thirty (30) days as permitted by Subdivision 4 of M.S.A. 559.21.
8. Notices. Any and all notices required by this Agreement
shall be made in writing and delivered personally or by prepaid,
certified mail to the parties as follows:
As to Sellers: City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
Attention: Don Ashworth
As to Buyer: Gilbert and Jillene Kreidberg
6444 Murray Hill Road
Excelsior, Minnesota 55331
9. Miscellaneous. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns, and the provisions of
this Agreement shall survive the closing.
IN WITNESS WHEREOF, the parties hereto have set their hands the
day and year first above written.
BY.
Don Ashworth, City Manager
AND
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