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HomeMy WebLinkAboutItem 06.iOctober 16, 2014 Item No. RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 19740 KENWOOD TRAIL October 20, 2014 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to adopt a Resolution Approving Acquisition of Certain Real Property. Adoption of this resolution will result in the acquisition of the property located at 19740 Kenwood Trail. Overview The City Council has approved a Joint Powers Agreement with Dakota County to complete early opportunity acquisitions of properties along Dodd Blvd and Co. Rd. 50 / Kenwood Trail. The agreement calls for these acquisitions to be completed by the City with the County reimbursing the City within 45 days of the date of closing with their 55% cost share. The single family home located at 19740 Kenwood Trail has been identified to be acquired for the Co. Rd. 50 Improvement Project. A Realtor representing the owner of this property recently contacted the City and indicated that the present owners were interested in selling the property. The City and County authorized an appraisal of the property. The appraised value of the property is $255,000. City staff has negotiated a purchase price of $260,000 which has been accepted by the current owners. This negotiated price is less than the County's 2014 estimated market value of $271,200. This property is currently vacant and was offered for sale by the owner and thus the City is not required to provide relocation assistance. City and County staff recommend approval of this acquisition as it would likely be more expensive to acquire the property through eminent domain in the future and would also likely involve relocation costs. Additional opportunity acquisitions along Kenwood Trail such as this were discussed by the City Council at the August 25, 2014 Work Session. Primaa Issues to Consider • What is the proposed funding source for this acquisition? The project as identified in the adopted 2014-2018 Capital Improvement Plan is proposed to be financed from the Municipal State Aid Street funds. Supporting Information • Resolution approving the purchase of property at 19740 Kenwood Trail • ne_d4Whase Agre David L. Olson, Community and Economic Dev opment Director c: Zach Johnson, City Engineer, Brian Sorenson, Asst. County Engineer Financial Impact: $ 260.000 Budgeted: Y/N Y Source: MSA and County Funds CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE ACQUISITION OF REAL PROPERTY AND DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF DISPOSAL OF PROPERTY WHEREAS, the City is proposing to acquire certain property ("Property") legally described in the purchase agreement attached as Exhibit "A," under the terms of the proposed purchase agreement between Roger L. Martin and Rebekah A. Martin ("Sellers") and the City of Lakeville ("Purchase Agreement"), and; WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisitions and dispositions of property, and; WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning Commission review requirement upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition or disposal of the property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. The City Council finds that the acquisition of the Property under the Purchase Agreement has no relationship to the comprehensive municipal plan. 2. Review by the Planning Commission of the acquisition of the Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Clerk are authorized and directed to execute all documents, and take all appropriate measures to convey the Property under the terms of the Purchase Agreement. ADOPTED this day of , 2014, by a 2/3 vote of the City Council of the City of Lakeville. CITY OF LAKEVILLE ILb.", ATTEST: Charlene Friedges, City Clerk 175847v1 Matt Little, Mayor 19740 Kenwood Trail July 10, 2014 1:5,162 0 0.0425 0.085 0.17 mi 0 0.05 0.1 0.2 km nkrinimer Mao and parcel data are believed to be accuratebut accuracv is not ouarenteed. This is not a legal document and should not be substituted for a title search, appraisal, survey or for zoning verification. EXHIBIT A REA-4-MC PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS°, ADVANTAGE PLUS which disclaims any liability arising out of use or misuse of this form. ® 2014 Minnesota Association of REALTORS', Edina, MN 1. Date 9/5/2014 2. Page 1 of 3. BUYER (S): City of Lakeville 4. 5. Buyer's earnest money in the amount of 6. one Thousand Dollars ($ 1.000.00 ) 7. shall be delivered to listing broker no later than two (2) Business Days after Final Acceptance Date of this Purchase 8. Agreement. Buyer and Seller agree that listing broker shall deposit any earnest money in the listing broker's trust 9. account within three (3) Business Days of receipt of the earnest money or Final Acceptance Date of this Purchase 10. Agreement, whichever is later. 11. Said earnest money is part payment for the purchase of the property located at 12. Street Address: 19740 Kenwood Trl 13. City of Lakeville , County of Dakota 14. State of Minnesota, legally described as 15. Legal description to conform with above address. 16. 17. Said purchase shall Include all improvements, fixtures, and appurtenances on the property, if any, including but not 18. limited to, the following (collectively the "Property'): garden bulbs, plants, shrubs, trees, and lawn watering system; 19. stied; storm sash, storm doors, screens and awnings; window shades, blinds; traverse, curtain, and drapery 20. rods, valances, drapes, curtains, window coverings and treatments; towel rods; attached lighting and bulbs; fan fixtures; 21. plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems; 22. air exchange system; radon mitigation system; sump pump; TV antennatcable TV jacks and wiringtTV wall mounts; 23. walUcefling-mounted speakers and mounts; carpeting; mirrors; garage door openers and all controls; smoke detectors; 24. fireplace screens, door and heatilators; BUILT-INS: dishwashers; refrigerators; wine/beverage refrigerators; trash 25. compactors; ovens; cook -top stoves; warming drawers; microwave ovens; hood fans; shelving; work benches; Intercoms; 26. speakers; air conditioning equipment; electronic air fitter; humidifier/dehumidifier; liquid fuel tanks (and controls); 27. pool/spa equipment; propane tank (and controls); security system equipment; TV satellite dish; AND the following 28. personal property shall be transferred with no additional monetary value, and free and dear of all liens and encumbrances: 29. 30. 31. Notwithstanding the foregoing, leased fixtures are not included. 32. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 33. 34. 35. Seller has agreed to sell the Property to Buyer for the sum of ($ - - 260, 000.00 ) 36. Two Hundred Sixty Thousand Dollars, 37. which Buyer agrees to pay in the following manner: 38. 1. CASH of 100 percent (%) of the sale price, or more in Buyer's sole discretion, which includes the earnest 39. money; PLUS 40. 2. FINANCING of percent (%) of the sale price, which will be the total amount secured against this 41. Property to fund this purchase. 42. Such financing shall be (check one) ❑ a first mortgage; ❑ a contract for deed; or ❑ a first mortgage with 43. subordinate financing, as described in the attached Addendum: 44. ❑ Conventional ❑ FHA ❑ DVA ❑ Assumption ❑ Contract for Deed ❑ Other: 45. The The date of closing shall be 11/14 2014 �� dr be_ t, r-.e- MN:PA-1 (6/14) RV.A4W.V ADVANTAGE PLUS PURCHASE AGREEMENT 46. Page 2 Date 9/5/2014 47. Property located at 19740 8enwood Tzl Lakeville 10 55044 48, This Purchase Agreement ❑ IS g] IS NOT subject to an Addendum to Purchase Agreement. Sale of Buyer's Property _(Check one.) - 49. Contingency for sale of Buyer's property. (if answer is IS, see attached Addendum.) 50. (if answer is IS NOT, the closing of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing 51. is applicable.) 52. This Purchase Agreement ❑ IS Q IS NOT subject to cancellation of a previously written purchase agreement ..-«-(Che& 53. dated , 20 . (if answer is IS, said cancellation shall be obtained no later than 54. , 20 . if said cancellation is not obtained by said date, this Purchase Agreement 55, is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreementconfirming said cancellation 56. and directing all earnest money paid hereunder to be refunded to Buyer.) 57. Buyer has been made aware of the availability of Property inspections. Buyer ❑ Elects FX� Declines to have a 58. Property inspection performed at Buyer's expense.(�� 59. This Purchase Agreement IS Q iS NOT subject to an Addendum to Purchase Agreement: inspection Contingency. 60. (if (if answer is IS, see attached Addendum.) 61. DEED/MARKETABLE TiTLE: Upon performance by Buyer, Seller shall deliver a (check on®): 62.] Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, or 63. ❑ Other: Deed joined in by spouse, if any, conveying marketable title, subject to 64. (a) building and zoning laws, ordinances, and state and federal regulations; 65. (b) restrictions relating to use or Improvement of the Property without effective forfeiture provisions; 66. (c) reservation of any mineral rights by the State of Minnesota; 67. (d) utility and drainage easements which do not interfere with existing improvements; 68. (e) rights of tenants as follows (unless specified, not subject to tenancies): 69. ;and 70. (f) others (must be specified in writing): 71. 72. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 73. including all penalties and interest. 74. Buyer shall pay ❑K PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due .._...._ ._ - ----^---------(Check one.}---- 75. and payable In the year 20 14 76. Seller shall pay® PRORATEDTO DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due and 77. payable in the year 20 14 If the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted 78, to the new closing date. If the Property tax status is a part- or non -homestead classification in the year of closing, Seller 79. ® SHALL ❑ SHALL NOT pay the difference between the homestead and non -homestead. .....,_{Check one.}- _ . _ - 80. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which 81. Is not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes. 82. DEFERRED TAXES/SPECIAL ASSESSMENTS: 83. ❑ BUYER SHALL PAY Q SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g.. Green .-.-----_(Check orw.}-- 84. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 85. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ❑ SELLER SHALL PAY ON 86. DATE OF CLOSING all Installments of special assessments certified for payment, with the real estate taxes due and 87. payable in the year of closing. MN;PA 2 (8/14) lm W,A4�X. 0 ADVANTAGE PLUS PURCHASE AGREEMENT Be. Page 3 Date 9/5/2014 89. Property located at 19740 Kenwood Trl Lakeville UK 55044 90. Q BUYER SHALL ASSUME ❑ SELLER SHALL PAY on date of closing all other special assessments levied as JrAft* ow 91, of the date of this Purchase Agreement. 92. © BUYER SHALL ASSUME 0 SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as (cned 93. of the dale of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 94. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments 95. or less, as required by Buyer's lender.) 96. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 97. which is not otherwise herein provided. 98. As of the date of this Purchase Agreement, Seller represents that Seller ❑ HAS QQ HAS NOT received a notice -----(Gtxvk orw.------- 99. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 100. against the Property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 101. shall be provided to Buyer immediately. if such notice is issued after the date of this Purchase Agreement and on 102. or before the date of closing, then the parties may agree In writing, on or before the date of dosing, to pay, provide 103. for the payment of or assume the special assessments. In the absence of such agreement, either party may declare 104. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 105. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 106. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 107. directing all earnest money paid hereunder to be refunded to Buyer. 108. POSSESSION: Seller shall deliver possession of the Property no later than after dosing. 109. Seiler agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the Property 110. by possession date. 111. PRORATIONS: All Interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity and 112. natural gas shall be prorated between the .parties as of date of closing. Buyer shall pay Seller for remaining gallons of 113. fuel oil or liquid petroleum gas on the Clay of dosing, at the rate of'the last fill by Seller. 114. TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance Date of this Purchase Agreement: 115. (a) Seller shall surrender any abstract of title and a copy of any owner's title Insurance policy for the Property, if 116. in Seller's possession or control, to Buyer or Buyer's designated We service provider; and 117. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender, including 118. but not limited to title searches, title examinations, abstracting, a title insurance commitment or an attorney's 119. title opinion at Buyer's selection and cost and provide a copy to Seller. 120. Seiler shall use Seller's best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs 121, and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 122. following: 123, In the event Seiler has not provided marketable title by the date of closing, Seller shall have an additional 30 days to 124. make title marketable, or in the alternative, Buyer may waive title defects by written notice to Seller. In addition to 125. the 30 -day extension, Buyer and Seller may, by mutual agreement, further extend the closing date. Lacking such 126. extension, either party may declare this Purchase Agreement canceled by written notice to the other party, or 127. licensee representing or assisting the other party, In which case this Purchase Agreement Is canceled. If either 128, party declares this Purchase Agreement canceled, Buyer and Seller shall Immediately sign a Cancellation of 129. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded 130. to Buyer. 131. SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: if this sale constitutes or requires a subdivision of land 132. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller 133. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording as 134. of the date of dosing. Seller warrants that the buildings are or shall be constructed entirely within the boundary lines 135. of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. 136. MECHANIC'S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, 137. machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with 138. construction, alteration or repair of any structure on, or improvement to, the Property. MN:PA-3 (8/14) "" RFWA4W. PURCHASE AGREEMENT ADVANTAGE PLUS 139. Page 4 Date 9/5/2014 140. Property located at 19740 Kenwood Trl Lakeville MN 55044 141, NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 142. proceedings, or violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Seiler -143. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 144. such notices received by Seller shall be provided to Buyer immediately. 145. DIMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or improvements provided 146. by Seller, third party, or broker representing or assisting Seiler are approximate. Buyer shall verify the accuracy of 147. information to Buyer's satisfaction, If material, at Buyer's sole cost and expense. 148. ACCESS AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 149. inspections agreed to herein. 150. RISK OF LOSS: If there is any loss or damage to the Property between the date hereof and the date of closing for any 151. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. it the Property 152, is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 153. by written notice to Seller or licensee representing or assisting Seller. if Buyer cancels this Purchase Agreement, 154. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 155. directing all earnest money paid hereunder to be refunded to Buyer. 156. TIME OF ESSENCE: Time is of the essence In this Purchase Agreement, 157, CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) 158. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) 159. ending at 11:59 i?M. on the last day. 160. BUSINESS DAYS: 'Business Days" are days which are not Saturdays, Sundays or state or federal holidays unless 161. stated elsewhere by the parties in writing. 162. RELEASE OF EARNEST MONEY: Buyer and Seller agree that the listing broker shall release earnest money from the 163. fisting broker's trust account: 1) at or upon the successful closing. of the Property; 2) pursuant to written agreement 164. between the parties, which may be reflected in a Cancellation of Purchase Agreement executed by both Bayer and 165. Seller; 3) upon receipt of an affidavit of a cancellation under MN Statute 559.217; or 4) upon receipt of a court order. 166. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may cancel this Purchase Agreement, and any 167. payments made hereunder, including earnest money, shall be retained by Seiler as liquidated damages and Buyer 168. and Seller shall affirm the same by a written cancellation agreement. 169. If Buyer defaults in any of the agreements hereunder, Seiler may terminate this Purchase Agreement under the 170. provisions of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. It either Buyer or Seller defaults 171. in any of the agreements hereunder or there exists an unfulfilled condition after the date specified for fulfillment, either 172. party may cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided herein that 173. this Purchase Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation 174. under MN Statute 559.217, Subd. 4. 175. if this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Setter may seek actual 176. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 177. specific performance, such action must be commenced within six (6) months after such right of action arises. 178. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 179. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 180. THIS PURCHASE AGREEMENT. 181. BUYER HAS RECEIVED A (check any that apply). ❑ DISCLOSURE STATEMENT: SELLER'S PROPERTY OR A 182. iD DISCLOSURE STATEMENT.• SELLER'S DISCLOSURE ALTERNATIVES FORM. 183, DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Seller's Property or Disclosure Statement: 184. Seller's Disclosure Alternatives for description of disclosure responsibilities and limitations, 9 any. 185. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 186. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY 187. AND ITS CONTENTS. MN:PA-4 (8114) 19g RV,A1W. e) PURCHASE AGREEMENT ADVANTAGE PLUS 188. Page 5 Date 9/5/2014 189. Property located at _ 19740 Kenwood Trl Lakeville tut 55044 190. (Check appropriate boxes.) 191. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 192. CITY SEWER (@YES ❑ NO / CITY WATER ©YES ❑ NO 193. SUBSURFACE SEW EIRE 1TMENI SYSTEM 194. SELLER ❑ DOES ® DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR 195. SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure 196. Statement. Subsurface Sewage Treatment System.) 197. PRIVATE WEAL 198. SELLER ® DOES ❑ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. 199. Of (If answer is DOES and well is located on the Property, see Disclosure Statement: Weil.) 200. THIS PURCHASE AGREEMENT ❑ IS Q IS NOT SUBJECT TO AN ADDENDUM TO PURCHASEAGREEMENT.• (Check one.). ----.- 201. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 202. (if answer Is IS, see attached Addendum.) 203. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 204. RECEIVED A DISCLOSURE STATEMENT. WELL AND/OR A DISCLOSrJRESTATEMEIVT SUBSURFACE SEWAGE 205. TREATMENT SYSTEM. 206. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 207. registry and persons registered with the predatory offender registry under MN Statute 243.966 maybe obtained 208. by contacting the local law enforcement offices in the community where the Property Is located or the Minnesota 209. Department of Corrections at (661) 361-7200, or from the Department of Corrections web site at 210. www.corr.state.mmus. 211. HOME PROTECTION/WARRANTY PLAN: Buyer and Seller are advised to investigate the various home protection/ 212. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 213. exclusions, limitations and service fees. Most plans exclude pre-existing conditions. (Check one.) 214, ❑ A Home Protection/Warranty Plan will be obtained and paid by[] BUYER ❑ SELLER to be issued by ------{cheek 215. at at a cost not to exceed $ 216. ❑Q No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 217. to purchase a Home Protection/Warranty Plan. 218. 219, Matt Schafer (Licensee) P20. RE/MAX Advantage Plus (Real Estate Company Name) 221. 222. (LiMuse) (Real Estate Company Name) NOTICE is ❑ Seller's Agent ❑ Buyer's Agent ❑ Dual Agent ❑ Facilitator. --Mheok is ❑ Seller's Agent ❑ Buyer's Agent ❑ Dual Agent [] Facilitator. 223. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-5 (8114) R F11A 0 W. PURCHASE AGREEMENT ADVANTAGE PLUS 224. Page 6 Date - 9/5/2014 225. Property located at 19740 Kenwood 2r1 Lakeville Xr 55044 226. DUAL_ AGENCY REPRESENTATION 227. PLEASE CHECK{ ONE OF THE FOLLOWING SELECTIONS: 228. FRI Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 229-245. 229. M Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 230-245. 230. Broker represents both the Seller(s) and the Buyer(s) of the Property involved in this transaction, which creates a 231. dual agency.This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 232. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 233. either party. Broker cannot act as a dual agent In this transaction without the consent of both Seller(s) and Buyer(s). 234. Seller(s) and Buyer(s) acknowledge that 235. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will 236. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other 237. Information will be shared; 238. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 239. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 240. the sale. 241. With the knowledge and understanding of the explanation above, Seiler(s) and Buyer(s) authorize and instruct Broker 242. and Its salesperson to act as dual agents in this transaction. 243. Seller Buyer 244. Seller Buyer 245. Date Date 246. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 247. cash outlay at dosing or reduce the proceeds from the sale. 248. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall 249, constitute the entire agreement between Buyer and Seller. Any other written or ora( communication between Buyer and 250. Seller, including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 251. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Seller and 252. Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 253. Agreement. 254. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 255. transaction constitute valid, binding signatures. 256. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 257. must be delivered, 258. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 259. for deed. 260. OTHER: 261. Offer is subject to City Council approval 262. 263. 264. 265. 266. 267. MN:PA-6 (8114) RF/,MW. PURCHASE AGREEMENT ADVANTAGE PLUS 268. Page 7 Date 9/5/2014 269. Property located at 19940 Kenwood Trl Lakeville NN 55044 270. ADDENDA AND PAGE NUMBERING: Attached addenda are a part of this Purchase Agreement. 271. Enter total number of pages of this Purchase Agreement, including addenda, on line two (2) of page one (1). 272. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement and should 273. not be part of the page numbering. 274. 1, the owner of the Property, accept this Purchase i agree to purchase the Property for the price and on 275. Agreement and authorize the llsting broker to withdraw the terms and conditions set forth above 276. said Property from the market, unless instructed I have reviewed all pages of this Purchase 277. otherwise in writing. Agreement. 278. 1 have reviewed all pages of this Purchase Agreement. 279. ❑ If checked, this Purchase Agreement is subject to 280. attached Addendum to Purchase Agreement: 281. Counteroffer. 282. x N -Cv x (Seders Signature) (Date) (Stew. s Signature) (Date) 283. X Roger L Martin (Senses Pr:Med Name) 284. X Mazr3Led (Martial Status) 285. X (senees signature) (Date) 286. X Rebekah A Martin (Sormes Printed Name) X (Buyer's Printed Name) X (Manta► status) X (Buyers Signature) (Date) X gkiyaes Printed Name) 287. X {^11a..5�� '�' X (Marital Status) (Marital Status) 288. FINAL ACCEPTANCE DATE: The Final Acceptance Date 289. is the date on which the fully executed Purchase Agreement is delivered. 290. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 291. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 292. 1 ACKNOWLEDGETHATI HAVE RECEIVED AND HAVE HADTHE OPPORTUNITYTO REVIEWTHE DISCLOSURE 293. STATEMENT ARBITRATION DISCLOSUREAND RESIDENTIAL REAL PROPERTYARBITRATIONAGREEMENT, 294. WHICH IS AN OPTIONAL, VOL TARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT 295. SELLER(S)�• BUYER(S) Rogerrl�t n 296. SELLER(S) BUYER(S) Rebakah A t n MN:PA-7 (8114) fJ& Authentisign ID: 25E7FDC2-03994E5E-8F89-3B91 E9B265A3 ® AMENDMENTTO PURCHASE AGREEMENT R VA1PjX This form approves by, Minnesota ota Association of REALTORS°, which disclattns a liabilityarising out of use or misuse of this form. ADVANTAGE PLUS ® 2006 Minnesota Association of REALTORS", Edina, MN 1. Date 2. The undersigned parties to a Purchase Agreement, dated September 5, 2014 , pertaining to 3. the purchase and sale of the property at 19.7.40 Kenwood Trail, Lakeville, MN_ 55044 4. 5. hereby mutually agree to amend said Purchase Agreement as follows: 6. Seller shall, within a reasonable time after acceptance of this Agreement, 7.. furnish a title insurance ca miitment certified to date to include proper searches 8. cover; ng han_kn pt-r,i Pa, Gt-ai-P and ferlera1 11kiQments and 1 i ens ., and 1 evierl and 9. pending special assessments... Buyer agrees to accept an owner's title Policy -in 10. lien of an abstract of title- Col 1 or sbal 1 pay all costs associated with the 11. issuance r),f c 1ch i tman _ Buyer shall pay the prmii3m fo h . owner's policy 12, of title insurance. 13. 14, The commitment for title insurance shall be issued in the full amount of the 15. Purchase Price by a title insurance company reasonably satisfactory to Buyer 16 ("title insurer") by which said company commits to issue its policy of title 17. insurance that:, 18. (a) Insures that at Closing Buyer shall have good, marketable, insurable 19. title of record to the Property, free and clear of all liens, encumbrances, leases, 20, dlaims and charces, all material easements, riqhts-of-way, covenants, conditions P1. and restrictions and any other matters affecting title, except for such matters 22. as are approved by Buyer in writing. 23, (b) Waives or insures against rights -and claims of parties in possession. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. All other terms and conditions of the Purchase Agreement to remain the same. 02F184Ft�B8B F.,�� 91912014 2:49:41 PM (saner) ' .rtin� (Date) (Buyer) BnLM -E '60 PM (saner) ]{c -d1 A. Martin (Date) (Buyer) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IFYOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -AMD (8/06) , (Date) (Date) RVA4W. ADVANTAGE PLUS 5. Property located at 19740 Kenwood Trl DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES This form approved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of this form, ® 2014 Minnesota Association of REALTORS'^. Edina, MN 1. Date (o 2. Page 1 of pages: RECORDS AND 3. REPORTS, IF ANY, ARE ATTACHED HERETO AND 4. MADE A PART HEREOF 6. City of Lakeville , County of Dakota , State of Minnesota. 7. NOTICE: Sellers of residential property, with limited exceptions, are obligated to satisfy the requirements of MN Statutes 8. 513.52 through 513.60. To comply with the statute, Seller must provide either a written disclosure to the 9. prospective Buyer (see Disclosure Statement: Seller's Property Disclosure Statement) or satisfy one of the 10. following two options. Disclosures made herein, if any, are not a warranty or guarantee of any kind by Seller or 11. ficensee(s) representing or assisting any party in this transaction and are not a substitute for any inspections or 12. warranties the party(les) may wish to obtain. 13. (Select one option only.) 14. 1) ❑ QUALIFIED THIRD -PARTY INSPECTION: Seller shall provide to prospective Buyer a written report that 15. discloses material information relating to the real property that has been prepared by a qualified third party_ 16. "Qualified third party" means a federal, state or local governmental agency, or any person whom Seiler or 17. prospective Buyer reasonably believes has the expertise necessary to meet the industry standards of practice 18. for the type of inspection or investigation that has been conducted by the third party in order to prepare the 19. written report. 20. Seller shall disclose to prospective Buyer material facts known by Seiler that contradict any information 21. that is Included in a written report, or material facts known by Seller that are not included in the 22. report. 23. The Inspection report was prepared by 24. 25. and dated 26. Seller discloses to Buyer the following material facts known by Seller that contradict any information included 27. in the above referenced inspection report. 28. 29. 3o. 31. Seiler discloses to Buyer the following material facts known by Seller that are not included in the above 32. referenced inspection report. 33. 34, 35, 36. 2) WAIVER: The written disclosure required maybe waived If Seller and prospective Buyer agree in writing. Seller 37. and Buyer hereby waive the written disclosure required under MN Statutes 513.52 through 513.60. 38. NOTE: If both Seiler and prospective Buyer agree, in writing, to waive the written disclosure required under 39. MN Statutes 513.52 through 513.60, Seller is not obligated to disclose ANY material facts of which Seller 40. is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property or any 41. intended use of the property, other than those disclosure requirements created by any other law. Seller is 42. not obligated to update Buyer on any changes made to material facts of which Seller is aware that could 43. adversely and significantly affect the Buyer's use or enjoyment of the property or any intended use of the 44. property that occur, other than those disclosure requirements created by any other law. 45. Waiver of the disclosure required under MN Statutes 513.52 through 513.60 does not waive, limit or 46. abridge any obligation for Seller disclosure created by any other law. MN:DS:SDA-1 (8114) R W ADVA14TAGE PLUS DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 47. Page 2 48. Property located at 19740 Kenwood Trl Lakeville HN 55094 49. OTHER REQUIRED DISCLOSURES: 50. NOTE: In addition to electing one of the above alternatives to the material fact disclosure, Minnesota law also 51. requires sellers to provide other disclosures to prospective buyers, such as those disclosures listed below. 52. Additionally, there may be other required disclosures by federal, state, local or other governmental entities 53. that are not listed below. 54. A. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 55. disclosure is required by MN Statute 11 5. (Check appropriate box.) 56. Seller certifies that Seller ❑ DOES OES NOT know of a subsurface sewage treatment system on or serving 67. the above-described real property. (If answer is DOES, and the system does not require a state permit, see 58. Disclosure Statement. Subsurface Sewage Treatment System.) 59. ❑ There is a subsurface sewage treatment system on or serving the above-described real property. 60. (See Disclosure Statement: Subsurface Sewage Treatment System.) 61. ❑ There Is an abandoned subsurface sewage treatment system on the above-described real property. 62. (See Disclosure Statement: Subsurface Sewage 71�eatment System.) 63. B. PRIVATE WELL DISCLOSURE: (A well disclosure and Certificate are required by MN Statute 1031.235.) 64. (Check appropriate box.) 65.❑?elver certifies that Seller does not know of any wells on the above-described real property. 66. tn��/Seller certifies there are one or more wells locatp. d on the above-described real property. 67. (See Disclosure Statement: Wef .)-TOmie d 0e_'C> y10�--- u:>C>C V- --C 14�_ I 68. Are there any wells serving the above-described property that are not located on the property? ❑Yes A No 69. To your knowledge, is the property in a Special Well Construction Area? ❑Yes KNo 70. Comments: 71. 72, 73. C. VALUATION EXCL ON DISCLOSURE: (Required by MN Statute 273.11, Subd. 16) 74. There p IS NOT an exclusion from market value for home Improvements on this property. Any valuation onej----- 75. exclusion shall terminate upon sale of the property, and the property's estimated market value for property tax purposes 76, shall increase. If a valuation exclusion exists, Buyers are encouraged to look Into the resulting tax 77. consequences. 78. Additional comments: 78. 80. 81. D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 82. (Ame phetamine production disclosure is required by MN Statute 152.0275, Subd. 2 (m).) 83. eller is not aware of any methamphetamine production that has occurred on the property. 84. ❑ Seller is aware that methamphetamine production has occurred on the property. 85. (See Disclosure Statement: Methamphetamine Production.) MN:DS:SDA-2 (8/14) ADVANTAGE PLUS DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 86. Page 3 87. Property located at 19740 Kenwood Trl Lakeville Bar 55044 88_ E. RADON DISCLOSURE: 89. (The following Seller disclosure satisfies MN Statute 144.496.) 90. RADON WARNING STATEMENT: The Minnesota Department of Health strongly recommends that ALL 91. homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having 92. the radon levels mitigated If elevated radon concentrations are found. Elevated radon concentrations can easily 93. be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. 94. Every buyer of any interest in residential real property is notified that the property may present exposure to 95. dangerous levels of indoor radon gas that may place occupants at risk of developing radon -induced lung cancer. 96. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading 97. cause overall. The seller of any interest in residential real property is required to provide the buyer with any 98. information on radon test results of the dwelling. 99. RADON IN REAL ESTATE: By signing this Statement, Buyer hereby acknowledges receipt of the Minnesota 100. Department of Health's publication entitled Radon In Real Estate Transactions, which can be found at 101, www.health.state.mn.ustdivs/ehtindoorair/radon/mrealestateweb.pdf. 102. A seller who falls to disclose the information required under MN Statute 144.496, and Is aware of material facts 103. pertaining to radon concentrations in the property, is liable to the Buyer. A buyer who is injured by a violation of MN 104, Statute 144.496 may bring a civil action and recover damages and receive other equitable relief as determined by 105. the court. Any such action must be commenced within two years after the date on which the buyer closed the 106, purchase or transfer of the real property. 107, SELLER'S REPRESENTATIONS: The following are representations made by Seller to the extent of Seder's actual 108. knowledge. 109. (a) Radon test(s) ❑ HAV�HAVE NOT occurred on the property. 110. (b) Describe any known radon concentrations, mitigation, or remediation. NOTE: Sellershall attach the most i 11. current records and reports pertaining to radon concentration within the dwelling: 112. 113. 114. 115. (c) There ❑ IS P16NOT a radon mitigation system currently installed on the property. 116. If "IS,° Seller shall disclose, if known, information regarding the radon mitigation system, including system 117. description and documentation. 118. 119. 120. 121. F NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property maybe in or near an airport safety zone 122. with Zoning regulations adopted by the governing body that may affect the property. Such zoning regulations are 123. filed with the county recorder in each county where the zoned area is located, if you would tike to determine If such 124. zoning regulations affect the property, you should contact the county recorder where the zoned area Is located. 125. G. NOTICE REGARDING CARSON MONOXIDE DETECTORS: 126. MN Statute 29917.51 requires Carbon Monoxide Detectors to be located within ten (10) feet from all sleeping 127. rooms. Carbon Monoxide Detectors may or may not be personal property and may or may not be included in the 128. sale of the home. WDSMA-3 (8/14) RVMIK DISCLOSURE STATEMENT: ADVANTAGE PLUS SELLER'S DISCLOSURE ALTERNATIVES 129. Page 4 130. Property located at 19740 Kenwood Trl Lakeville MN 35044 131. H. WATER INTRUSION AND MOLD GROWTH: Recent studies have shown that various forms of water intrusion 132, affect many homes. Water intrusion may occur from exterior moisture entering the home and/or interior moisture 133. leaving the home. 134. Examples of exterior moisture sources may be 135. • Improper flashing around windows and doors, 136. * improper grading, 137. • flooding, 138. • root leaks. 139. Examples of interior moisture sources may be 140. • plumbing leaks, 141. a condensation (caused by indoor humidity that is too high or surfaces that are too cold), 142. • overflow from tubs, sinks or toilets, 143. • firewood stored indoors, 144. • humidifier use, 145. • inadequate venting of kitchen and bath humidity, 146. • improper venting of clothes dryer exhaust outdoors (including electrical dryers), 147. • line-drying laundry indoors, 148. • houseplants--watering them can generate large amounts of moisture. 149. In addition to the possible structural damage water intrusion may do to the property, water intrusion may also result 150. in the growth of mold, mildew and other fungi. Mold growth may also cause structural damage to the property. 151. Therefore, it is very important to detect and remediate water intrusion problems. 152. Fungi are present everywhere in our environment, both indoors and outdoors. Many molds are beneficial to humans. 153. However, molds have the ability to produce mycotoxins that may have a potential to cause serious health problems, 154. particularly In some immunocompromised individuals and people who have asthma or allergies to mold. 155. To complicate matters, mold growth is often difficult to detect, as it frequently grows within the wall structure. If you 156. have a concern about water intrusion or the resulting moldlmildew/fungi growth, you may want to consider having 157. the property Inspected for moisture problems before entering into a purchase agreement or as a condition of your 158. purchase agreement. Such an analysis is particularly advisable it you observe staining or any musty odors on the 159. property. 160, For additional information about water intrusion, indoor air quality, moisture or mold issues, please view the 161. Minnesota Association of REALTORSe Desktop Reference Guide at www.mnrealtor.com. 162. 1. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: information regarding the predatory 163. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 164. may be obtained by contacting the local law enforcement offices In the community where the property Is 165. located or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections 166. web site at www.corr.state.mn.us. WDSMA-4 (8114) 'MIKI, DISCLOSURE STATEMENT: ADVAi+f'Y'AGE PLUS SELLER'S DISCLOSURE ALTERNATIVES 167. Page 5 168. Property located at 19740 Kenwood Trl Lakeville W 55049 169. J. SELLER'S STATEMENT: 170. (To be signed at time of listing.) 171. Seller(s) hereby authorizes any licensee(s) representing or assisting any party(iss) in this transaction to provide 172. a copy of this Disclosure Statement to any person or entity in connection with any actual or anticipated sale of the 173. property. A seller may provide this Disclosure Statement to a real estate licensee representing or assisting a 174. prospective buyer. The Disclosure Statement provided to the real estate licensee representing or assisting a 175. prospective buyer is considered to have been provided to the prospective buyer. If this Disclosure Statement Is 176. provided to the real estate licensee representing or assisting the prospective buyer, the real estate licensee must 177. provide a copy to the prospective buyer. 176. QUALIFIED THIRD -PARTY INSPECTION: If Seller has made a disclosure under the Qualified Third -Party 179. inspection, Seller is obligated to disclose to Buyer in writing of any new or changed facts of which Seller is aware 180. that could adversely and significantly affect the Buyer's use or enjoyment of the property or any Intended use of 181. the property that occur up to the time of closing. To disclose new or changed facts, please use the Amendment to 182. Disclosure Statement form. 183. WAIVER: If Seller and Buyer agree to waive the seller disclosure requirement, Seller is NOT obligated to disclose 184. and will NOT disclose any new or changed information regarding facts. 185. OTHER REQUIRED DISCLOSURES (Sections A-E): Whether Seller has elected a Qualified -Third Party Inspection 186. or Waiver, Seller Is obligated to notify Buyer, in writing, of any new or changed facts regarding Other Required 167. Disclosures up to the time of dosing. To disclose new or changed facts, please use the Amendment to Seller's 188. Disclosure form. 189, (Sell } (Date) (Sailer) (Date) 190. K. BUYER'S ACKNOWLEDGEMENT: 191. (To be signed at time of purchase agreement.) 192. IlWe, the Buyer(s) of the property, acknowledge receipt of this Seller's Disclosure Alternatives form and agree to 193. the seller's disclosure option selected in this form. IIWe further agree that no representations regarding facts have 194. been made, other than those made in this form. 195. (Buyer) (Date) (Buyer) (Date) 196. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS HEREIN AND ARE 197. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERTY. WDS:SOA-5 (8114) DISCLOSURE STATEMENT: WELL This form approved by the Minnesota Association of REALTORS",VAINC which disclaims any liability arising out of use or misuse of this form. ADVANTAGE PLUS ® 2014 Minnes to ation of REALTORS', Edina, MN 1. Date 1$ 2. Pagel of pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF. 4. Minnesota Statute 1031.235 requires that, before signing an agreement to sell or transfer real property, Seiler must S. disclose information in writing to Buyer about the status and location of all known wells on the property.This requirement 6. is satisfied by delivering to Buyer either a statement by Seller that Seller does not know of any wells on the property, 7. or a disclosure statement indicating the legal description And county, and a map showing the location of each well. in 8. the disclosure statement Seller must indicate, for each well, whether the well is in use, not in use or sealed. 9. Unless Buyer and Seller agree to the contrary in writing, before the closing of the sale, a Seller who fails to disclose 10. the existence or known status of a well at the time of sale, and knew or had reason to know of the existence or known 11. status of the well, Is liable to Buyer for costs relating to sealing of the well and reasonable attorneys' fees for collection 12. of costs from Seller, if the action is commenced within six years after the date Buyer dosed the purchase of the real 13, property where the well Is located. 14. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact the 15. focal unit(s) of government, state agency or qualified professional which regulates wells for further information about 16. these Issues. 17. Instructions for completion of this form are on page three (3). 18. PROPERTY DESCRIPTION: Street Address: 19740 xeuwood Tri 19. Lakeville 55044 Dakota (CRY) (ZIp) (Cowey) 20. LEGAL DESCRIPTION: 19 134 20 PT OV NWl/4 OF SB1/4 CON 82 COR W ON S LINE 270FT TO BSG CONT W 433.92FT TO C/L STSfl50 N51D15?t W 21. ON C/L 56.12PT N 30D481075 R 416.12FT S 61045N319 S 300 PT 8 OD02M388 E 241.58FT TO BEG Still To NEWT ALSO BSG MOST W'LY COR ABOVE DBSC TRACT NB ON W LINE 160 FT SW TO PT 40 BT NW OF BSG 81 To BEG 22. 23. WELL DISCLOSURE STATEMENT: (Check appropriate boxes.) ❑ ❑ 24. Seller certifies that the following wells are located on the above described real property. 25. MN Unique well Year of Well IN USE NOT IN 26. Well No. Depth Const. Type USE 27. Well 1y� k►r,.0 � �+.. U(�� ❑ 2- 28. Well ❑ ❑ 29. 30. 31. 32. Well 3 ❑ ❑ Is this property served by a well not located on the property? If "Yes," please explain: SHARED SEALED 33. NOTE: See definition of terms "IN USE, "`NOT IN USE," and "SEALED" on lines 102-113. If a well is not in use, it 34. must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from 35. the Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 36. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 37. If the well is, "Shared": $8. (1) How many properties or residences does the shared well serve? 39. (2) Is there a maintenance agreement for the shared well? 40. If "Yes," what is the annual maintenance fee? $ MN-Ds:w-1 (8114) Elves [ NO 1 ❑ ❑ []Yes No 33. NOTE: See definition of terms "IN USE, "`NOT IN USE," and "SEALED" on lines 102-113. If a well is not in use, it 34. must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from 35. the Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 36. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 37. If the well is, "Shared": $8. (1) How many properties or residences does the shared well serve? 39. (2) Is there a maintenance agreement for the shared well? 40. If "Yes," what is the annual maintenance fee? $ MN-Ds:w-1 (8114) Elves [ NO 1 F/,M DISCLOSURE STATEMENT: WELL ADVANTAGE PLUS 41. Page 2 42. Property located at 19740 Kenwood Tsl Lakeville M 55044 43. OTHER WELL INFORMATION: 44. Date well water last tested for contaminants: Test results attached? ❑ Yes rgNo 45. Contaminated Well: Is there a well on the property containing contaminated water? Dyes (KNo 46. Comments: 47. 48. 49, 50. 61. 52. 53. SEALED WELL INFORMATION: For each well designated as sealed above, complete this section. 54. When was the well sealed? 55. Who sealed the well? 56. Was a Sealed Well Deport filed with the Minnesota Department of Health? Dyes ❑ No 57. MAP: Complete the attached Location Map showing the location of each well on the real property. 58. This disclosure is not a warranty of any kind by Seller(s) or any licensee(s) representing or assisting any part(fies) in 59. this transaction and is not a substitute for any inspections or warranties the party(ies) may wish to obtain. 60. SELLER'S STATEMENT: (To be signed at time of )!sting.) 61. Seller(s) hereby states that the facts as stated above are true and accurate and authorizes any licensee(s) representing 62. or assisting any party(les) in this transaction to provide a copy of this Disclosure Statement to any person or entity 63. in connection with any actual or anticipated sale of the property. A seller may provide this Disclosure Statement to 64. a real estate licensee representing or assisting a prospective buyer. The Disclosure Statement provided to the real 65. estate licensee representing or assisting a prospective buyer is considered to have been provided to the prospective 66. buyer. if this Disclosure Statement is provided to the real estate licensee representing or assisting the prospective 67. buyer, the real estate licensee must provide a copy to the prospective buyer. 68. Seller is obligated to continue to notify Buyer In writing of any facts that differ from the facts disclosed herein 69. (new or changed) of which Seller is aware that could adversely and significantly affect the Buyer's use or 70. enjoyment of the property or any Intended use of the property that occur up to the time of closing. To disclose 71. new or changed fag1s, please use the Amendment to Disclosure Statement for . 72. -6 q-40 Iq (seller 7 (Date) (Seger) (Date) 73. BUYER'S ACKNOWLEDGEMENT: (To be signed at time of purchase agreement.) 74. I/We, the Buyers) of the property, acknowledge receipt of this Disclosure Statement: Well and Location Map and 75. agree that no representations regarding facts have been made other than those made above. 76. (Buyer) (Datel (Buyer) (Date) 77. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS HEREIN AND ARE 78. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERTY. MN-DS:W2 (8/14) RVAINC DISCLOSURE STATEMENT: WELL ADVANTAGE PLUS 79. Page 3 80, INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 81. DEFINITION: A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, Jetted or otherwise 82. constructed if the excavation is intended for the location, diversion, artificial recharge or acquisition of groundwater. 83. MINNESOTA UNIQUE WELL NUMBER: All new wells constructed AFTER January 1, 1975, should have been 84, assigned a Minnesota unique well number by the person constructing the well, if the well was constructed after this 85, date, you should have the unique well number in your property records. If you are unable to locate your unique well 85. number and the well was constructed AFTER January 1, 1975, contact your well contractor. if no unique well number 87. is available, please indicate the depth and year of construction for each well. '88. WELL TYPE: Use one of the following terms to describe the well type. 89. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. Examples 90. of water wells are: domestic wells, drive -point wells, dug wells, remedial wells and municipal wells. 91. IRRIGATION WELL: An irrigation well Is a well used to irrigate agricultural lands. These are typically 92. large -diameter wells connected to a large pressure distribution system. 93. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is 94. typically used to access groundwater for the extraction of samples. 95. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction 96, or use of underground spaces. 97. INDUSTRIALJCOMMERCIAL WELL: An industrial/commerciai well is a nonpotable well used to extract 98. groundwater for any nonpotabte use, including groundwater thermal exchange wells (heat pumps and heat 99. loops). 100. WELL USE STATUS: Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 101. IN USE: A well Is "in use if the well is operated on a daily, regular or seasonal basis. A well in use includes 102. a well that operates for the purpose of Irrigation, fire protection or emergency pumping. 103. NOT IN USE: A well is "not in use" if the well does not meet the definition of in use" above and has not been 104. sealed by a licensed well contractor. 105. SEALED: A well is "sealed" ff a licensed contractor has completely filled a well by pumping grout material 106. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has 107. a metal or plastic cap or cover which is threaded, bolted or welded Into the top of the well to prevent entry 108. into the well. A "capped" well is not a "sealed" well. 109. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 110. contractor, check the well status as "not in use" 111. If you have any questions, please contact the Minnesota Department of Health, Well Management Section, 112. at (651) 201-4587 (metropolitan Minneapolis—St. Paul) or 1-800-383-9808 (greater Minnesota). MWDS_W-3 (8/14) 7iJl7lf5 a. S. 4. 3. 6. 7. S. R F/./M W ADVANTAGE PLUS Please use the space below to sketch the real property any of the following on the property. [—]SUBSURFACE SEWAGE TREATMENT SYSTEM ch Include approximate distances from fixe reference Property located at (q -1 y ( RAW On LOCATION MAP This form approved by the Minnesota Association of REALTORS', which disdaans any labiiify arising out of :use or misuse of this form. a 2009 Minnesota Association of REALTORS', Edina, MN 1. Page I of -- pages sold and, to Seller's knowledge, the approximate location of WELL E] METHAMPHETAMINE PRODUCTION AREA at apply. such as streets, buildings and landmarks. ATTACH ADDITIONAL, SHEETS AS NEEDED. 11. ORIGINAL COPYTO LISTING BROKER; COPIESTO SELLER, BUYER, SELLING BROKER MNAM (8/09) WEBF6rm5-Auq=9