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HomeMy WebLinkAbout1998-07-15 PACKET 04.B.REQUEST OF G17Y COUNCIL �CTION COUNGIL AGEhlDA MEETlNG ITENi # DATE 7/15/98 , PF2�PARED �Y: Community [3�velcspme�t Kirn Lindquist ORIGINATING DEPARTPv1ENT STAFF AUTHOR ♦ d A A R R& R R R 4 R R& R 4 i �R R R Q¢ X B Yt t& fr R A C Yt W 4 O R R* f A R& k 0 Qr * 4 R COUIVCBL,4CTION REQUEST: Approve the purchase agreement between the City and Gerald and Plancy Heinn for the acquisition of right-of-way in fee simple absolute and permanent drainage and utility/ponding easements over certain reai property for the extension of tiardwood Avenue and the instaliation of West Draw trunk utilities. ; � . , �- I:1�I�Zel���r7��ri1�IPi� ADVISORY COMPv11SSION ACTION ■' ■ " ; " � : •- ■ '•' � � - • ■ • " ■ • � � * •- ■ ..t. r� �� REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ACTUAlAMOUNT APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ �1 • ' - . . • � - • • ; ■ +`r ,;". ■ - • • �• �; ■ • �� • Burbank dated 7l7/98 ►1� - • _ -_.-_ _ _ .�__ .. � .. * c n � �,, /O _1 <i _ CiYy Admiraistrator �ats ���«��.a�:.���.««�R&��������R��.���.s�$�a...�«�� cou�ciL �c��a� - r�,K��: � �,���o�r�� ❑ r���i�� ❑ �r��� F:1GR�UP5�PI.A(VhkiPdG1999�\GITYCOU&dWar heinnpurchaseCOVer.doc 11 � i ' � l l TO: Honorable Mayor and City Council Members Ryan Schroeder, City Administrator FROM: John M. Burbank, Associate Planner DATE: July 7,1998 RE: Ffrst Hardwood Corridor right-of-wayleasement acquisition. BACKGROUND The West Draw Infrastructure improvement plans require that right-of-way and ease- ment acquisition is necessary in the Hardwood Corridor. As per eariier direction by Council, Staff and Evergreen Land Services have been diligently working with the property owners in the affected corridor. The goal of this process was to attain City acquisition prior to the quick take hearing. DISCUSSION As a result of this process, the first successful right-of-way/easement acquisition ne- gotiation was signed on June 23 by Gerald and Nancy Heinn, 7520 Harkness Avenue. A copy of the purchase agreement for the affected portion of the Heinn's property has been completed and is being presented for Council approval. The purchase price for the easement and right-of-way is $37,500. The attached map detaiis the affected property and the acquisition area. • �� •� Staff recommends the City Council approve the attached purchase agreement and authorize the execution of said document by the City Administrator. F:IGROUPS�PLANNINGWARDWOOD CORRIDORWein pwchase approvalAAEM.DOC � � +-r � z — O � �--� � It � W r J U � X a w o ; __ _. _._ . � -- . � r ��6�8 ,�,s :�.'. �,. . . gZ „�. � %w o s�� ✓ ~ � v . . . � � �p � �.�. .�, 3 _- &. .�, � . �.. y . , • � ``\ . �' � . . `. - �� �. j 1 ^`� �_�� �� ,O 1 1 . �. !� � � y � l / � � L. ,� 1-r ...., ,, � e � o �i o tll � � � �� h � ��/} o ry � h � � 9 _ Z z � W _ (� U Q Q A .{„r -H �t M � �' �t CD o U ° o Z '` � M Z 11 If � N � � c� � °� i L. o � aQ 0 0 � �j�' o � � � 3 A A �O � ,a a -� o , , a �'% Q' � �o � e W .� � � �1 i � i � 00 ~ C � i •'1 � 3� OQ `�.� � '. p � �.. 5 ,�.�,,� � ��� � � \ �, • , Y •. <� � o '\ . •���. . . [ � . . . . O �i . �,� �.� , � � � • � , • • � � '. ,� ' � , - `< �e,�o 'gS , .�'''�� �,.a�, ,;� . . � � . . � , . K , . � . �. . .�1� ' . . ,. � � � � `�"'" '-� .� , .. . ' . , o . ;"'nk «. � � �� �. . , .. •` ��� „ . . ��. . . _�� . f���.. . `' ���,�, ,. � ,� , , , .��;�«f' : z � °•� � �"° ' � %� �;r� , C � . ,. . .�:� v, r-'.'� , # ,,'+�t.o,:i1�� re� � y+A:r :�" Y::{�. r' -'1'. PURCHASE AGREEMENT ! i. PARTIES. This Purchase Agreement is made this 3R� day of SvN�- , i 1998 by and between Gerald W. Heinn and Nancy D. Heinn, Husband and Wife ("Owner") and the CITY OF COTTAGE GROVE ("Buyer"). �I 2. SUBJECT PROPERTY. Owner is the owner of that certain real estate located at 7520 Harkness Avenue South, Cottage Grove, Minnesota, Washington County, legally described on the attached Exhibit A. ; 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein, Buyer offers and agrees to purchase and Owner agrees to sell and convey to Buyer the property and or � easement(s) described on the attached Eachibit A. ; 4. CONTINGENCY/ACCEPTANCE DEADLINE. This Purchase Agreement is contingent upon approval of the Cottage Grove City Counci( within 30 days of the date of this purchase agreement. If the City Council does not approve this Purchase Agreement within that I period, this Purchase Agreement sha(I be null and void. ' S. CONVEYANCE INSTRUMENT. Owner agrees to execute, before a notary public, an ' instrument conveying the property and or easement(s) to the Buyer. The Owner also agrees to �� execute IRS Form W-9 and any other title instruments necessary to ctose this transaction. If the contingency deadline in paragraph 4 is not satisfied, the conveyance documents will be returned to the Owner. If the contingency deadline is satisfied and the Purchase Agreement is approved by the City CounciUCity Administrator, the conveyance documents shall become operative and shall operate as a right of entry to pernilt the Buyer to enter the Property for purposes of doing the I work contemplated by the conveyance document. 6. PURCHASE PRICE: The Purchase Price for the property and or easement to be acquired shall be $37,500.00. Within 30 days after (i} the conveyance document is delivered to Buyer with the signatures of all fee owners and contract for deed purchasers and (ii) signed consents or releases from al! mortgagees and lienholders, where required, are delivered to Buyer, Buyer shall pay the Purchase Price to Owner by a check made payable jointly to Owner and any other person or entity which has one of the following interests in the Property: fee title, contract for deed purchase interest, mortgage or any lien that could result in forfeiture of title. Buyer and Owner will assist and cooperate with each other in obtaining mortgage and lienholder consents or releases, where required. 7. MAI2KETABTLITY OF TITLE. Owner represents and warrants that the following persons or entities are the only persons or entities with ownership interests in the Property: a. The iee owner of the Property is: Gerald W. Heinn and Nancy D. Heinn, Husband and Wife. l� The Property is encumbered by the foliowing mortgages, ta�c liens, or judgment liens: Mortgage with Hiway Credit Union 8. RECORDING COSTS. The Buyer will pay the fees for preparing and recording the conveyance document. The Owner is responsible for fees necessary to establish or clear Owner's title to the Property (e.g., deeds, contracts for deed, or satisfactions of mortgages). 9. GONDITION OF SUBSOIL AND GROUND WATER Owner represents and wanants to Buyer that during the time the Owner has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the ciosing of this transaction. IN WITNESS WI-IEREOF, the parties have executed this agreement as of the date written above. OWNER � //, / / j (/ /�/ / ' I %/f /�/ � ���X�G L.(�' (/_ "4 �/ " _ / �� ✓(%� /V � ���/�/G�i^J�i � � Gerald W. Heinn Nanc . Heinn � I: ' CITY OF COTTAGE GROVE Approved by City Council on , 1998. By Its City Administrator cot grov pa heinn EXHIBIT "A" Fee simpie absolute in that part of the following described property: The North 300.00 feet of the East 726.00 feet of the Northwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota; Which lies westerly of a line paraliel with and 60 feet to the left of the following ' described line: Commencing at the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section S; thence on an assumed bearing of South 00 degrees 17 minutes 47 seconds West along the east line of the West Half of the Northwest Quarter of said Section 8 a distance of 1415.00 feet to the point of beginning of the line to be described; thence southwesteriy 429.00 feet along a tangential curve concave to the northwest having a central angle of 42 degrees 48 minutes 43 seconds and a radius of 574.14 feet; thence southwesterly 255.67 feet along a reverse curve having a centrai angle of 25 degrees 30 minutes 52 seconds and a radius of 574.14 feet; thence South 17 degrees 35 minutes 38 secands West tangent to said reverse curve a distance of 837.71 feet; thence southwesteriy 102.53 feet along a tangentiai curve concave to the southeast naving a central angle of 8 degrees 57 minutes 09 seconds and a radius of 656.16 feet; thence South 8 degrees 38 minutes 28 seconds West tangent to last described curve a distance of 654.38 feet and said line there terminating. , Together with a perpetual easement for pubiic ponding, drainage and utility purposes over, under and across the above described property. Said perpetual easement lying easterly of a line parallel with and 60 feet to the left of the above described line and lying westerly of the foliowing described line: Commencing at the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 8; thence on an assumed bearing of South 00 degrees 17 minutes 47 seconds West along the east line of the West Haif of the Northwest Quarter of said Section 8 a distance of 4517.00 feet to the point of beginning of the line to be described; thence South 21 degrees 46 minutes 08 seconds West 209.97 feet; thence South 2 degrees 48 minutes 00 seconds East 161.00 feet; thence South 12 degrees 27 minutes 00 secands West 106.00 feet; thence South 21 degrees 23 minutes 00 seconds West 437.00 feet; thence South 31 degrees 31 minutes 00 seconds West 131.00 feet; thence South 22 degrees 30 minutes 00 seconds West 159.26 feet; thence South 44 degrees 06 minutes 00 seconds West 30.53 feet; thence South 17 degrees 49 minutes 00 seconds West 130.00 feet; thence South 13 degrees 20 minutes 00 seconds East 58.00 feet; thence South 18 degrees 51 minutes 46 seconds West 68.00 feet; thence South 29 degrees 11 minutes 00 seconds West 258.00 feet and said line there ferminating.