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Home My WebLink About1998-07-15 PACKET 04.C.F2EQUE5T dF CITY COUNCIL AC710N COUNCIL AGEFIDA tv1EETING ITEM # � DATE 7/15/98 • , PREPAF?Eb ��: Gomm!.�r.�?y �e�e�opment 9Cim L�r.dquist ORIGINATING DEPARTMENT STAFF AUTHOR ..�a�.a�«.a��....«��«...�4m.�wda��..aq.�:A>«..4 COUNCIL ACTION REQUEST: Approve the purchase agreement between the City and Kevin and Julie Snow and Gerald and Susan Rehbein collectively owners for the acquisition of right-nf-way in fee simpie absolute and permanent drainage and utility/ponding easements over certain real property for the extension of Hardwood Avenue end the installation of West Draw trunk utilities. BUDGET IMPIiCATION ADVISORY COMMISSION ACTION ■ ,� '� '� ■ ■ ■ . . ; , . �. ... . � � .�.., � , .� . e • � � � •- DGETED AMOUNT ACTUA� AMOUNT � REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ,.�� , !1 • • _ . • . : •. .. -• •: ■' � , • ■ •`i ,. ■ ^ • � r� •` � . � �• � , � � • � .. . r-' .. �� •• i. � - z ,�el � � �,�- City �dministrakar C�at� ��.��.��.�.��e��k�.«��.�«��R�.�as�� u�cs�,ac�r'n� �r�K��: 0 a��ea��e� ❑ �� ❑ c��r��EC� €':\GRC�UPS�PI.ANNIPdG1193S\CIiYGOUNWar 5rrowpurctr�seCover.dx •'• � TO: Honorabie Mayor and City Council Members Ryan Schroeder, City Administrator FROM: John M. Burbank, Associate Planner DATE: July7,1998 RE: Second Hardwood Corridor right-of-way/easement acquisition, BACKGROUND The West Draw Infrastructure improvement plans require that right-of-way and easement acquisition is necessary in the Hardwood Corridor. As per earlier direction from the Council, Staff and Evergreen Land Services have been diligentiy working with the property owners in the affected corridor. The goa� of this process was to attain City acquisition prior to the quick take hearing. DtSCUSSION As a result of this process, the second successfui right-of-way/easement acquisition negotiation was signed on June 24 by Kevin and Julie Snow and Geraid and Susan Rehbein, owners of the vacant tract of land associated with 7862 Harkness Avenue. A copy of the purchase agreement for the affected portion of this property has been completed and is being presented for Councii approval. The purchase price for the easement and right-of-way is $31,500. The attached map details the affected property and the acquisition area. RECOMMENDATION Staff recommends the City Council approve the attached purchase agreement and authorize the execution of said document by the City Administrator. F:\GROUPSWLANNINGViARpWOOD CORRIDORISnow�purchaseapprovalMEM.DOC _� ,� / � �M-- ,- , � � `♦ A` � W M V � i � � Q! V , w- �- ' O O � a ` n� � - c o � ` o �, V C . ., II " Z >. V � 1 — Q � . � Z L � � W � Q i' � . � V �i � � 01 ..�. Q . � o --� a .- ._� � = o � � ca `- m r� C'') "� 3 () ';r � � d ' M flJ °� � � � O °� � W � t� Q �' D � ^ � Z � � �ti � ^ N a : � o � � v �� a ` _ . , Y �� Q ; . �r �r � ��,r,M. �.�,�,. � ' .. ; �,� ,,,""' � � � !^ ; : . � `� �� v, m � abt <L : _ : �03'#?'02'E , _ _.� . ~� , _I � �: , �+ � . '.r` . �w�rw�� - � , ,' , '. i ..ar+w+'r'�"' . • - I �'7�.� � �� /�. .Q• � , . i ' .. tA tQ ..� :t; ---. � _� f ; �� ,�� ' (� 1 1 � � �� r _ . �s '�C' .J � w a, ,� � 3 t � $ � z Q , w '°� - �' � ,- d.��d :; ,;i;. r, � q . � ,, . „ --. _ F„_ . � . ; � '. . �, � a P �� ; �a, �`' PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this day of 1998 by and between Kevin P. Snow and Julie B. Snow, Husband and Wife; and Gerald L. Rehbein and Susan M. Rehbein, Husband and Wife, collectively ("Owner") and the CITY OF COTTAGE GROVE ("Buyer"). 2. SUBJECT PROPERTY. Owner is the owner of that certain real estate located on vacant land located to the West of Harkness Avenue South, Cottage Crrove, Minnesota, Washington County, legaily 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 seli and convey to Buyer the property and or easement(s) described on the attached Exhibit A. 4. CONTINGENCYlACCEPTANCE DEADLINE. This Purchase Agreement is contingent upon approval of the Cottage Grove City Council within 30 days of the date of this purchase agreement. If the City Council does not approve this Purchase Agreement within that period, this Purchase Agreement shall be nuli and void. 5. 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 close 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 satisSed and the Purchase Agreement is approved by the City CounciUCity Administrator, the conveyance documents shall becorne operative and shall operate as a right of entry to pernut the Buyer to enter the Property for purposes of doing the work contemplated by the conveyance document. 6. PURCHASE PRICE: The Purchase Price for the property and or easement to be acquired shall be $31,500.00. Within 30 days after (i) the cor,veyance documenY is delivered to Buyer with the signatures of all fee owners and contract for deed purchasers and (ii) signed consents or releases from all mortgagees and lienholders, where rec�uired, are delivered to Buyer, Buyer shall pay the Purchase Price to Owner by a check made payab(e 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. MARKFTABILITY OF TITLE. Owr.er represents and wanants that the following persons or entities are the only persons or entities with ownership interests in the Praperty: a. L� The fee owner of the Property is: Kevin P. Snow, 7ulie B. Snow and Gerald Rehbein The Property is encumbered by the following mortgages, tax liens, or judgment liens: None 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. CONDTTION OF SUBSOIL AND GROUND WATER Owner represents and warrants 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 closing of this transaction. IN WITNESS WI�REOF, the parties have executed this agreement as of the date written above. OWNER �t.r'h �� _ �l% . .�uf�id� Kevin P. Snow Julie B. Snow : � Approved by City Council on __ , 1998. CITY OF COTTAGE GROVE By Its City Adrninistrator cot qrov pa snow � .�'Sfii�7 Gerald L. Rehbeih Susan M. Rehbein West tangent to last described curve a distance of 654.38 feet; thence southerly 209.19 feet along a tangential curve concave to the east having a centrai angle of 20 degrees 52 minutes 33 seconds and a radius of 574.14 feet; thence Sauth 12 degrees 14 minutes 04 seconds East tangent to last described curve a distance of 116.04 feet; thence southerly 108.33 feet along a tangentiai curve concave to the west having a central angle of 10 degrees 48 minutes 39 seconds and a radius of 574.14 feet; thence South 1 degree �5 minutes 25 seconds East 520.49 feet; thence southerly 23.65 feet along a tangential curve concave to the east having a central angie of 2 degrees 21 minutes 36 seconds and a radius of 574.14 feet; thence South 3 degrees 47 minutes 02 seconds East tangent to last described curve a distance of 673.13 feet to the northeriy line of Parcel 43H as shown on Mn/DOT Right of Way Piat No. 82-20 according to the recorded plat thereof and said line there terminating. � Together with a perpetual easement for public drainage and utility purposes over, under and across the above described property. Said perpetual easement is described as lying easterly of a line paraliel with and 60 feet to the left of the above described line and southwesterly of the foilowing described line: Beginning at a point on the north line of said Parcei 43H distant 84.67 feet westerly from the northeast corner thereof, said north line has an assumed bearing of South 89 degrees 47 minutes 52 seconds West; thence North 51 degrees 02 minutes 44 seconds West 133.97 feet; thence North 17 degrees 25 minutes 30 seconds West 91.57 feet to said parallel line and said line there terminating. EXHIBIT "A" That part of 4he Sc,uthwest QuarEer of tne Southwesf Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as foilows: Commencing at a point on the east {ine of the Southwest Quarter of the Southwest Quarter 445.50 feet north of the southeast corner; thence South 88 degrees 58 minutes 50 seconds West 165.00 feet to the point of beginning of this tract; thence North 32 degrees 17 minutes West 203.56 feet; thence South 88 degrees 58 minutes 50 seconds West parallel with the south line of Section 8 a distance of 405.62 feet; thence South 7 degrees 37 minutes 41 seconds East 117.68 feet; thence South 00 degrees 37 minutes 41 seconds East parallei with the west line of Section 8 a distance of 91.37 feet to the northerly right of way line as shown on Mn/DOT plat 82-20; thence South 65 degrees 04 minutes 11 seconds East along said Mn/DOT right of way line 94.20 feet; thence North 88 degrees 58 minutes 50 seconds East along the northerly right of way line of Mn/DOT piat 82-20 and its easterly extension 428.04 feet; thence North 00 degrees 34 minutes 14 seconds West paraliel with the east line of the Southwest Quarter of the Southwest Quarter 75.49 feet; tnence South 88 degrees 58 minutes 50 seconds West paraliel with the south line of Section 8 a distance of 15.00 feet to the point of beginning; Which lies westerly of a line parallel with and 60 feet to the left of the foilowing described line: Commencing at the northeast comer 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 ifVest Haif of the Northwest Ctuarter of said Section 8 a distance of 1115.00 feet to the point of beginning of the line to be described; thence southwesterly 429.00 feet along a tangentia� curve concave to the northwest having a central angie of 42 degrees 48 minutes 43 seconds and a radius of 574.14 feet; thence southwesterly 255.67 feet a�ong a reverse curve having a central angle of 25 degrees 30 minutes 52 seconds and a radius of 574.14 feet; thence South 17 degrees 35 minutes 38 seconds West tangent to said reverse curve a distance of 837.71 feet; thence southwesteriy 102.53 feet along a tangential curve concave to the southeast having 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