HomeMy WebLinkAbout1998-09-02 PACKET 04.E.&2EQUEST QF CITY COl1NCIL ACTlOid COUlVCIL AGEfVDP,
A�IEETING lTEIVI �6
DATE 9/2/�8 • � °
PREP.�RE[7 �Y: Community Development Kim Lindquist
ORIGINATING DEPARTMEtdT STAFF AUTHOF2
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Approve the purchase agreement for $28,000.00 betv✓een the Cify of Cottage Grove and
Curtis and Rita 7hompson for the acquisition of right-of-way in fee simple absolute over
certain real property for the extension of Hardwood Avenue and the installation of West Draw
trunk utilities and for a drainage, utility and ponding easement.
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REVIEWED
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28,000.00
ACTUALAMOUNT
DENIED
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SUPPORTING DOCUMENTS
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Af'PROVED
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City Admirristratar �at�
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PURCHASE AGREEMENT
l. PARTIES. This Purchase Agreement is made this c��'� day of ��,
1998 by and between Curtis L. Thompson and Rita M. Thompson, Husband�ife, ("Owner")
and the CITY OF COTTAGE GROVE ("Buyer").
2. SUBJECT PROPERT'1'. Owner is the owner of that certain real estate located at 7560
Harkness Avenue South, Cottage Grove, Minnesota, Washington County, legally described on
the attached E�chibit A.
3. OFF'ER/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 E�chibit A.
4. CONTINGENCY/ACCEPTANCE 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 null and void.
5. CONVEYANCE INSTRUMENT. Owner agrees to execute, before a notary puhlic, an
instrument conveying the property and or easement(s) to the Buyer. The Owner atso agrees ta
execute IRS Form W-9 and any other fitle instruments necessary to close this transaction. If the
contingency deadline in pazagraph 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 shal] become 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. PURCI3ASE PRICE: The Purchase Price for the property and or easement to be
acquired shall be $18,000.00. Within 30 days after (i) the conveyance document is delivered to
Buyer with the signatures of ali Fee owners and contract for deed purchasers and (ri) signed
consents or releases from ati 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 foliowing interests in the Property: fee title, contract
for deed purchase interest, mortgage or any lien that cou(d result in forfeiture of title. Buyer and
Owner will assist and cooperate with each other in obtaining mortgage and lienholder consents,
where required.
7. MARKETABILTI'Y OF TTTLE. Owner represents and warrants that the following
persons or entities aze the only persons or entities with ownership interests in the Properiy:
a.
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The fee owner of the Property is:
Curtis L. Thompson and Rita M. Thompson
The Property is encumbered by the following mortgages, tax liens, or judgment
Gens:
Hiway Federa} Credit Union Mortgage
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 WHEREOF, the parties have executed this agreement as of the date written
above.
OWNER
C ��� �� ���
Curtis L. Thompson Rita M. Thompson�
: �/ .
CITY OF COTTAGE GROVE
Approved by City Council
on . > 1998.
By
Its City Administrator
cot grov pa thom
EXHIBIT "A"
Fee simple absolute in that part of the following described property:
The East 726.00 feet of the North Half of the Northwest Quarter of the
Southwest Quarter of Section 8, Township 27, Range 21, Washington
County, Minnesota, except the North 300.00 feet thereof. Subject to an
easement for roadway purposes over and across the South 30 feet;
Which lies westeriy of a line paraliel with and 60 feet to the left 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
Soutn 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
1115.00 feet to the point of beginning of the line to be described; thence
southwesterty 429.00 feet along a tangentiai curve concave to the
northwest having a central angie of 42 degrees 48 minutes 43 seconds
and a tadius of 574.14 feet; thence southwesterly 255.67 feet a(ong 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 seconds West tangent to said reverse curve a distance of 837.71 feet;
thence southwesterly 102.53 feet a{ong a tangential curve concave to the
southeast having a central angie 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; 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 and said line there terminating.
Together with a perpetual easement for public 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 following 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 Half of the
Northwest Quarter of said Section 8 a distance of 1517.00 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 seconds 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; thence
South 4 degrees 26 minutes 00 seconds East 229.00 feet and said line there
terminating.
PUBLIC DRAINAGE, UTII,TTY
AND PONDING EASEMENT
THIS INDENTURE, made this � day of `VS 1998, by and
between, Curtis L. Thompson and Rita M. Thompson, Husband and Wife, (Crrantor}; and
the City of Cottage Crrove, Washington County, Minnesota, (Grantee).
WIT'NESSETH:
WHEREAS, Crrantor is the owner in fee simple of the real estate hereinafter
described.
That for and in consideration of the sum of Ten Thousand and no/100's Dollars
($10,000.00) and other good and valuable consideration, the receipt of wtuch is hereby
acknowledged, Grantor has this day bargained and sold, and by these presents does
bazgain, sell and transfer unto the City of Cottage Grove, its successors and assigns the
following:
A perpetual non-exclusive easement for public utility, storm water drainage and
ponding purposes with the right to enter upon the real estate hereinafter described at all
reasonable times for the purposes of locating, constructing, reconstructing, maintauung,
inspecting, altering and repairuig any storm water drainage facilities, equipment, materials,
or other items for public storm water drainage and ponding purposes, for the purpose of
maintaining, repairing or replacing the said public storm water drainage and ponding over,
across, through and under the lands hereinafter described, together with the right to
excavate and remove earthen materials, grade slopes, dredge materia(s and refill ditches
and/or trenches for the location of said public storm water drainage and ponding, and the
further right to remove trees, bushes, undergrowth, and other obstructions interfering in
the location, construction and maintenance of said public storm water drainage and
ponding.
That said public storm water drainage and ponding easement located in the County
of Washington, State of Miimesota, is described as follows, to-wit:
See Exhibit "A" attached hereto, and by this reference,
made a part thereo£
TO HAVE AND TO HOLD, said perpetual easement and rights-of-way unto the
City of Cottage Crrove, Washington County, Minnesota, its successors and assigns,
forever.
Grantor does hereby covenant with the City of Cottage Grove, that it is lawfully
seized and possessed of the real estate above described.
IN WITNESS WfIEREOF, the said parties have caused this instrument to be
executed the day and year first above written.
GRANTOR:
B y� �� BY� —�/�3<��'1��-�
Curtis L. Thompson Rita M. Thompson
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this � day of
AVIivS % , 1998, by Curtis L. Thompson and Rita M. Thompson, Husband and Wife.
111 inM 1 I./�RAh11/�.N1y. .
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b (� NOU[Y1U8uC MiNNES�;q
. MY COMMISSION F �„ES
�.a � " 1ANUARY 3l. 2000
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THIS INSTRLTMENT WAS DRAFTED BY:
Evergreen Land Services Company
6110 Blue Circle Drive, Suite #140
Minnetonka, MN 55343
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EXHIBIT "A"
Fee simple absolute in that part of the following described property:
The East 726.00 feet of the North Haif of the Northwest Quarter of the
Southwest Quarter of Section 8, Township 27, Range 21, Washington
County, Minnesota, except the North 300.00 feet thereof. Subject to an
easement for roadway purposes over and across the South 30 feet;
Which lies westerly of a line parallel with and 60 feet to the left of the foilowing
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
1115.00 feet to the point of beginning of the line to be described; thence
southwesterly 429.00 feet along a tangential curve concave to the
northwest having a central angle of 42 degrees 48 min�tes 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 seconds West tangent to said reverse curve a distance of 837.71 feet;
thence southwesterly 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
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 centra� angie of 20 degrees 52 minutes 33 seconds and a radius of
574.14 feet and said line there terminating.
Together with a perpetuai easement for public 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 following 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 a�ang the east line of the West Half of the
Northwest C2uarter of said Section 8 a distance of 1517.00 feet to the point of
beginning of the line to be described; thence South 21 degrees 46 minufes 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 seconds 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; thence
South 4 degrees 26 minutes 00 seconds East 229.00 feet and said line there
terminating.