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Certified Resolution for Real Property and Form 8283 to CK 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 El Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. 1 DESCRIPTION 1 1/2/20 2019-18 l 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 El 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: L-?.:_C-rN Jean Steckling. (952) 227-1106 If enclosures are not as noted, kindly notify us at once. 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, /17 Paek J .1. aton PJN:In 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 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 god day of January, 2020. ...,,-/A. _..1.6-1,\----- Todd Gerhardt, City Clerk s,.\177..1\\ lt t'`�i' ♦, ,•'v 1 , , , '. • `i s ' 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 Fames 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. 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 20148 0v2 Form 8283 Noncash Charitable Contributions OMB No.1545-C1908 (Rev.December 2014) ► Attach to your tax return if you claimed a total deduction of over$500 for all contributed property. AttachmentDepartment of the Treasury Sequence No.155 Internal Revenue Service O. Information about Form 8283 and its separate instructions is at www.irs.gov/forri8283. 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 (a) Name and address of the (For a vehicle.enter the year,make,model,and 1 donee organization check the box Also enter the vehicle identification mileage.For securities,enter the company name and m nuber(unless Form 1098-C is attached). the number of shares.) A , 1 1 1 1 1 1 111 l l 1 l l l l l e 11 I1111111111111J c ❑ 1111111111111111 D 0 1111111111111111 E 0 Iillllllllllll _II 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 el) Fair market value (i)Method used to determine contribution by donor(mo.,yr.) by donor or adjusted basis (see instructions) the far market value A i)'2 iq 1) ?an Afyra Sac, 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 ► e Name of any person,other than the donee organization,having actual possession of the property lir- 3a 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) Fc'ra,8283(Rev.12-2014) Nae(s)shown on your Income tax return Page 2 Name(s)s) 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) 9 ❑ Collectibles" j ❑ Other b❑ Qualified Conservation Contribution a at Other Real Estate h ❑ 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(rf you need (b) If tangible property was donated,give a brief summary of the overall (e)Appraised fair more space,attach a separate statement) physical condition of the property at the time of the get market value A B C D (d)Date acquired (e)How acquired by donor M Donors cost or (g)For bargain sales,enter See instructions l by donor(mo.,yr.) adjusted basis amount received (hi Arnourri claimed as a ii)Date of Dantrfbution 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.► Signature of taxpayer(donor)I. 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 Dy,or related to any of the foregoing persons,or married to any person who is related to arty of the foregoing persons.And,if regularly used by the donor,donee,or party to the transaction I appraisals during my tax year for other persons. performed the majority of my aso.I declare that I perform appraisals on a regular basis:and mat hp-amp 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 tate 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 Iiabity).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 correction with a return or claim for refund and a substantial or gross valuation misstatement results from my appraisal.I a ffrm that I have not been barred frau presenting evidence or testimony by the Office of Professional Responsibility. Sign Here Signature► Title► Date► Business address(including room or suite ) Identifying rranbcr �t13 Chet,, ' fir Cityawn,Iown,state,and ZIP code Donne 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? ► 0 Yes ❑No N of charitable organizati j�((doolnees)LQ.(,d L e Y Employer identification number Adireessnubar,str f,aridfoom or suite no�7 j' VVVVVV ) Citifio town,state,and ZIP code 770 blvd . T QJt171al .46,t.+� I 5531* Authorized signature Mri , �— -- Z 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 B10, said Nat, 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 8-40, 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