Donations of Real Property - Certified Resolution to Neaton and Puklich CITY OF CHANHASSEN LETTER OF TRANSMITTAL
ENGINEERING DEPARTMENT
7700 Market Boulevard DATE JOB NO.
P.O. Box 147 1/2/20 PC 2013-13
CHANHASSEN, MN 55317 ATTENTION
(952) 227-1160 FAX (952) 227-1170 Patrick J. Neaton
RE:
Peterson-Jacques Farm Company (Camden
Ridge)
TO: Neaton & Puklich, PLLP
7975 Stone Creek Drive
Suite 120
Chanhassen, MN 55317
WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Pay Request ❑
COPIES DATE NO. DESCRIPTION
1 1/2/20 2019-18 Certified Resolution
1 Form 8283
THESE ARE TRANSMITTED as checked below:
❑ For approval ® Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS **PICKED UP BY STAFF FROM NEATON & PUKLICH PLLP**
Please contact Todd Gerhardt at 952-227-1119 or tgerhardt@ci.chanhassen.mn.us with any questions regarding the
attached. Thank you.
COPY TO:
SIGNED: �a'1�� _
� .
r Jean Steckling, (952) 227-1106
If enclosures are not as noted,kindly notify us at once.
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
I, Todd Gerhardt, duly appointed City Clerk for the City of Chanhassen, Minnesota,
do hereby certify that I have compared the foregoing copy of Resolution No.2019-18
"Accepting Donations of Real Property, Planning Case File No. 2013-13" adopted by
the Chanhassen City Council on April 8, 2019 with the original copy now on file in my
office and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 2nd day
of January, 2020.
Todd Gerhardt, City Clerk
4
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: April 8,2019 RESOLUTION NO: 2019-18
MOTION BY: Coleman SECONDED BY: Tiornhom
RESOLUTION ACCEPTING DONATIONS OF REAL PROPERTY
WHEREAS,B.Elmer Family Farms,LLC,a Minnesota limited liability company,is the fee
owner("Owner") of real property located within the City of Chanhassen("City") legally described
as follows:
Outlots B,C and D,Jeurissen Ridge,Carver County,Minnesota
(the"Elmer Farms Property");and
WHEREAS,Peterson-Jacques Farm Company,LLC,a Minnesota limited liability company,
is the fee owner("Owner")of real property located within the City of Chanhassen ("City") legally
described on the attached Exhibit"A"(the"Peterson-Jacques Property");
WHEREAS, Owners desire to donate the Elmer Farms Property and the Peterson-Jacques
Property to the City;and
WHEREAS,such donation will benefit the citizens of the City;and
WHEREAS, Owners have executed Warranty Deeds for the purpose of transferring their
ownership interest in the Elmer Farms Property and the Peterson-Jacques Property to the City, and
the Warranty Deeds will be recorded upon adoption of this Resolution at the sole expense of the City;
and
WHEREAS, the proposed acquisition of the Subject Properties has no relationship to the
City's Comprehensive Plan;and
WHEREAS, Minnesota Statutes Section 465.03 requires that donations of real property or
personal property be accepted by a resolution of the City Council adopted by a two-thirds majority of
its members.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CHANHASSEN,MINNESOTA:
1. The City Council hereby accepts the donations of the Elmer Farms Property and the
Peterson-Jacques Property by the Owners.
1
201480v2
2. Pursuant to Minn. Stat. §462.356, subdivision 2, the Council finds that the proposed
acquisition of the subject properties has no relationship to the City's comprehensive
municipal plan.
3. The Mayor and City Manager are authorized to execute any documents which,in the
opinion of the City Attorney, are necessary to effectuate this transaction. The City
Clerk is specifically designated as the person who can sign IRS Form 8283.
Passed and adopted by the Chanhassen City Council this 8th day of April,2019.
ATTEST:
1.,"/'
4-f
Todd Gerhardt, City Manager Elise Ryan,Mayor
YES NO ABSENT
Ryan Campion
Coleman
Tjornhom
McDonald
2
201480v2
EXHIBIT"A"
(Peterson-Jacques Farm Company,LLC Property)
That part of the Southwest Quarter of the Northwest Quarter of Section 26,Township 116,Range
23,Carver County,Minnesota described as follows: Commencing at the Northwest corner of said
Southwest Quarter, also being corner B9,Minnesota Department of Transportation Right of Way
Plat No. 10-43; thence on an assumed bearing of South 88 degrees 36 minutes 18 seconds East,
along the North line of said Southwest Quarter, a distance of 66.03 feet to corner B10, said Plat,
also being the point of beginning of the land to be described;thence South 00 degrees 26 minutes
09 seconds East a distance of 263.90 feet to corner B11, said Plat; thence South 80 degrees 01
minutes 31 seconds East a distance of 353.78 feet to corner B12,said Plat;thence North 68 degrees
45 minutes 53 seconds East a distance of 230.69 feet to corner B13, said Plat; thence North 38
degrees 08 minutes 51 seconds East a distance of 284.29 feet to said North line;thence North 88
degrees 36 minutes 18 seconds West, along said North line, a distance of 741.29 feet to the point
of beginning,Carver County,Minnesota.
AND
That part of the Southwest Quarter of the Northwest Quarter of Section 26,Township 116,Range
23, Carver County, Minnesota described as follows: Beginning at the Southeast corner of said
Southwest Quarter; thence on an assumed bearing of North 89 degrees 09 minutes 11 seconds
West, along the South line of said Southwest Quarter, a distance of 480.51 feet to corner B2042,
Minnesota Department of Transportation Right of Way Plat No. 10-43; thence North 51 degrees
30 minutes 35 seconds East a distance of 141.36 feet to corner B-41,said Plat;thence Northeasterly
a distance of 275.09 feet along a tangential curve concave to the Northwest having a radius of
400.00 feet and a central angle of 39 degrees 24 minutes 11 seconds to corner B-40, said Plat;
thence North 72 degrees 19 minutes 49 seconds East,not tangent to said curve,a distance of 40.07
feet to corner B39, said Plat; thence Easterly a distance of 192.03 feet along a tangential curve
concave to the South having a radius of 723.50 feet and a central angle of 15 degrees 12 minutes
26 seconds to the East line of said Southwest Quarter; thence South 00 degrees 08 minutes 59
seconds East,not tangent to the last described curve,and along said East line,a distance of 369.90
feet to the point of beginning,Carver County,Minnesota.
(abstract)
3
201480v2
Form 8283 Noncash Charitable Contributions OMB No.1545-0908
P. Attach to your tax return if you claimed a total deduction
(Rev.December 201a) Attachment
Department of the Treasury of over$500 for all contributed property. Sequence No.155
Internal Revenue Service ► Information about Form 8283 and its separate instructions is at www.irs.gov/form8283.
Name(s)shown on your income tax return Identifying number
Note.Figure the amount of your contribution deduction before completing this form.See your tax return instructions.
Section A. Donated Property of$5,000 or Less and Publicly Traded Securities—List in this section only items (or
groups of similar items) for which you claimed a deduction of $5,000 or less. Also list publicly traded
securities even if the deduction is more than$5,000(see instructions).
Part I Information on Donated Property—If you need more space,attach a statement.
(b)If donated property is a vehicle(see instructions), (c) Description of donated property
1 (a) Name and address of the check the box.Also enter the vehicle identification (For a vehicle,enter the year,make,model,and
donee organization number(unless Form 1098-C is attached). mileage.For securities,enter the company name and
the number of shares.)
A
I I 1 l l I I I I I l I I f I I I F_11L O c41Cci
B ❑
1111111111111111
c
1111111111111111
D
1111111111111111
E El
1111111111111111
Note.If the amount you claimed as a deduction for an item is$500 or less,you do not have to complete columns(e),(f),and(g).
(d) Date of the (e) Date acquired (f) How acquired (g) Donor's cost (h) Fair market value (1) Method used to determine
contribution by donor(mo.,yr.) by donor or adjusted basis (see instructions) the fair market value
A /..1 ►9 ceaa Afly(ai7�
C
D
E
Part II Partial Interests and Restricted Use Property—Complete lines 2a through 2e if you gave less than an
entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a
contribution listed in Part I;also attach the required statement(see instructions).
2a Enter the letter from Part I that identifies the property for which you gave less than an entire interest►
If Part II applies to more than one property,attach a separate statement.
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ►
(2) For any prior tax years ►
c Name and address of each organization to which any such contribution was made in a prior year(complete only if different
from the donee organization above):
Name of charitable organization(donee)
Address(number,street,and room or suite no.)
City or town,state,and ZIP code
d For tangible property,enter the place where the property is located or kept 110-
e
e Name of any person,other than the donee organization,having actual possession of the property P.
3a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No
property?
b Did you give to anyone (other than the donee organization or another organization participating with the donee
organization in cooperative fundraising)the right to the income from the donated property or to the possession of
the property,including the right to vote donated securities,to acquire the property by purchase or otherwise,or to
designate the person having such income,possession,or right to acquire'?
c Is there a restriction limiting the donated property for a particular use?
For Paperwork Reduction Act Notice,see separate instructions. Cat.No.62299J Form 8283(Rev.12-2014)
Folin 8283(Rev.12-2014) Page 2
Name(s)shown on your income tax return Identifying number
Section B.Donated Property Over$5,000(Except Publicly Traded Securities)—Complete this section for one item(or one group of
similar items)for which you claimed a deduction of more than$5,000 per item or group(except contributions of publicly
traded securities reported in Section A). Provide a separate form for each property donated unless it is part of a group of
similar items.An appraisal is generally required for property listed in Section B. See instructions.
Part I Information on Donated Property—To be completed by the taxpayer and/or the appraiser.
4 Check the box that describes the type of property donated:
a ❑ Art'(contribution of$20,000 or more) d ❑ Art'(contribution of less than$20,000) g ❑ Collectibles** j ❑ Other
b ❑ Qualified Conservation Contribution e g Other Real Estate h 0 Intellectual Property
c ❑ Equipment f ❑ Securities i ❑ Vehicles
'Art includes paintings,sculptures,watercolors,prints,drawings,ceramics,antiques,decorative arts,textiles,carpets,silver,rare manuscripts,historical memorabilia,and
other similar objects.
"Collectibles include coins,stamps,books,gems,jewelry,sports memorabilia,dolls,etc..but not art as defined above.
Note.In certain cases,you must attach a qualified appraisal of the property.See instructions.
5 (a) Description of donated property(if you need (b) If tangible property was donated,give a brief summary of the overall (c)Appraised fair
more space,attach a separate statement) physical condition of the property at the time of the gift market value
A
B
C
D
(d)Date acquired (e)How acquired by donor (f)Donor's cost or (g)For bargain sales,enter See instructions
by donor(mo.,yr.) adjusted basis amount received (h)Amodeductionunt claimed as a (7 Date of contribution
A
B
C
D
Part II Taxpayer(Donor)Statement—List each item included in Part I above that the appraisal identifies as having
a value of$500 or less.See instructions.
I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500
(per item).Enter identifying letter from Part I and describe the specific item.See instructions.P.
Signature of taxpayer(donor)► Date►
Part III Declaration of Appraiser
I declare that I am not the donor.the donee,a party to the transaction in which the donor acquired the property,employed by,or related to any of the foregoing persons,or
married to any person who is related to any of the foregoing persons.And,if regularly used by the donor,donee,or party to the transaction,I performed the majority of my
appraisals during my tax year for other persons.
Also,I declare that I perform appraisals on a regular basis;and that because of my qualifications as described in the appraisal,I am qualified to make appraisals of the type of property being
valued.I certify that the appraisal fees were not based on a percentage of the appraised property value.Furthermore,I understand that a false or fraudulent overstatement of the property
value as described in the qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a)(aiding and abetting the understatement of tax liability).In addition,I
understand that I may be subject to a penalty under section 6695A if I know,or reasonably should know,that my appraisal is to be used in connection with a return or claim for refund and a
substantial or gross valuation misstatement results from my appraisal.I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility.
Sign
Here signature* Title* Date*
Business address(including room or suite no.) Identifying number
13 Ch p ;nut' ,
City own,state,and ZIP code
a,,,kiX- 111 1,1 �5 .3
Part IV Donee Acknowledgment—To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c)and that it received the donated property as described
in Section B,Part I,above on the following date►
Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section B,Part I(or any
portion thereof)within 3 years after the date of receipt,it will file Form 8282, Donee Information Return,with the IRS and give the donor a copy of that
form.This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use? ► ❑Yes ❑No
Na a of charitable organizatio (donee) Employer identification number
n 4.,ha,55�
Addresss nuttier,st ,and oom or suite no.) Citipc town,state,and ZIP code
7100 � ivd . a.nt\a,S4.,t h Mid 6 531
Authorized signature _-- Tdle r Date
Jr, �_ 2_ Z U
JForm 8283(Rev.12-2014)
EXHIBIT"A"
That part of the Southwest Quarter of the Northwest Quarter of Section 26,Township 116,
Range 23, Carver County,Minnesota described as follows: Commencing at the Northwest corner
of said Southwest Quarter, also being corner B9,Minnesota Department of Transportation Right
of Way Plat No. 10-43;thence on an assumed bearing of South 88 degrees 36 minutes 18
seconds East,along the North line of said Southwest Quarter,a distance of 66.03 feet to corner
B 10, said Plat, also being the point of beginning of the land to be described; thence South 00
degrees 26 minutes 09 seconds East a distance of 263.90 feet to corner B11, said Plat;thence
South 80 degrees 01 minutes 31 seconds East a distance of 353.78 feet to corner B12, said Plat;
thence North 68 degrees 45 minutes 53 seconds East a distance of 230.69 feet to corner B13, said
Plat; thence North 38 degrees 08 minutes 51 seconds East a distance of 284.29 feet to said North
line; thence North 88 degrees 36 minutes 18 seconds West, along said North line,a distance of
741.29 feet to the point of beginning,Carver County, Minnesota.
AND
That part of the Southwest Quarter of the Northwest Quarter of Section 26,Township 116,
Range 23, Carver County,Minnesota described as follows: Beginning at the Southeast corner of
said Southwest Quarter;thence on an assumed bearing of North 89 degrees 09 minutes 11
seconds West,along the South line of said Southwest Quarter, a distance of 480.51 feet to corner
B2042,Minnesota Department of Transportation Right of Way Plat No. 10-43; thence North 51
degrees 30 minutes 35 seconds East a distance of 141.36 feet to corner B-41,said Plat;thence
Northeasterly a distance of 275.09 feet along a tangential curve concave to the Northwest having
a radius of 400.00 feet and a central angle of 39 degrees 24 minutes 11 seconds to corner B-40,
said Plat;thence North 72 degrees 19 minutes 49 seconds East, not tangent to said curve,a
distance of 40.07 feet to corner B39,said Plat; thence Easterly a distance of 192.03 feet along a
tangential curve concave to the South having a radius of 723.50 feet and a central angle of 15
degrees 12 minutes 26 seconds to the East line of said Southwest Quarter;thence South 00
degrees 08 minutes 59 seconds East, not tangent to the last described curve,and along said East
line, a distance of 369.90 feet to the point of beginning, Carver County,Minnesota.
(abstract)
3
201565v1
I bilAtTi
NEATON & PUKLICH, P. L. L.P.
LEGAL ASSISTANTS:
PATRICK J. NEATON December 30, 2019 LORI B. NOLAN
MICHAEL L. PUKLICHCOURTNEY M. OLSON
LIZ A. NEATON
HAND DELIVERY
Mr. Todd Gerhardt
City Manager
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
RE: Peterson-Jacques Farm Company, LLC Donation to City of Chanhassen
Dear Mr. Gerhardt:
In connection with the April 8, 2019 City of Chanhassen Resolution, the City accepted
the therein referenced real estate donation from the Peterson-Jacques Farm Company, LLC, and
resolved in paragraph 3 thereof, to have the City Clerk of Chanhassen sign the IRS Form 8283.
I have therefore prepared the attached Form 8283 on behalf of the Peterson-Jacques Farm
Company, LLC. I therefore request that the City of Chanhassen complete the Form (at the
bottom of page 2 thereof) with the authorized signature, title, date and employer identification
number. As soon as that has been accomplished, please have your staff call our office and
someone from our office will pick up the signed document.
Thank you for your attention to this matter.
Yours very truly,
Pa; '1 -aton
PJN:ln
Encl.
cc: Peterson-Jacques Farm Company, LLC
7975 STONE CREEK DRIVE, SUITE 120 I CHANHASSEN, MINNESOTA 55317 I PHONE 952.258.8444 I FAX 952.258.9988