HomeMy WebLinkAboutItem 06.qNovember 10, 2015 Item No.
Property Purchase Agreement Amendment
Proposed Action
Staff recommends adoption of the following motion: Move to approve a purchase agreement
amendment with George Warweg for 5.99 acres.
Passage of this motion will result in the City agreeing to an amended purchase agreement with a
closing date of no later than January 29, 2016.
Overview
City Council approved a purchase agreement with Mr. Warweg in March of 2015 for the purchase of
5.99 acres of land for the future expansion of Antlers Park. The purchase agreement included a closing
date of November 30, 2015, conditioned on Mr. Warweg replatting the remainder of his property into
outlots. This condition was included to insure the land being retained by Mr. Warweg was replatted to
eliminate areas of unused right-of-way and public easements and to insure new right-of-way was
dedicated that accurately reflected potential future road connections.
Much of Mr. Warweg's property to be replatted included out of date easements, right-of-way
dedications and very old inaccurate metes and bounds platting information. Due to the dated survey
information and the nature of the plated property, extra time was needed by Mr. Warweg's surveyor to
complete the needed research and prepare the required plans and materials for platting the area into
outlots.
The preliminary and final plat and updated survey information to plat the property into outlots have
been submitted to the City for Planning Commission and City Council consideration in November and
December. Therefore, the purchase agreement amendment includes a revised closing date of no later
than January 29, 2016.
Primary Issues to Consider
Are there any other revisions to the purchase agreement?
• The amendments also include revisions to the list of PID numbers eliminating two parcels from
the list that were mistakenly included, and eliminates the reference to the leasing of the second
home within the purchase area due to the current renter passing away and Mr. Warweg's desire
not to offer the home for rent again.
Supporting Information
• Purchase Agreement Amendment
7
/AAllynKuennen, Assistant City Administrator
Financial Impact: $ Budgeted: Y/N —Source:
Related Documents (CIP, ERP, etc.):
Notes:
AMENDMENT TO VACANT LAND
PURCHASE AGREEMENT
THIS AMENDMENT TO PURCHASE AGREEMENT ("Amendment") is dated as of
, 2015, between CITY OF LAKEVILLE, a Minnesota municipal corporation
("City"), and GEORGE W. WARWEG, a single person ("Seller").
IN CONSIDERATION of the mutual covenants and agreements herein, the Purchase
Agreement between the City and Seller effective March 2, 2015 ("Agreement"), is hereby
amended as follows:
1. Amendment to Paragraph 3. Paragraph 3E of the Agreement is hereby deleted.
2. Amendment to Paragraph 4. Paragraph 4(D) of the Agreement is hereby amended
to read as follows:
D. Certified Special Assessments. All installments of special assessments certified for
payment with the real estate taxes payable in the year of Closing shall be paid by
City at Closing. City will also pay all sealcoat assessments, City Assessment No.
1054 for the Property, Remainder Parcels and the following tax parcels:
22-02900-35-010
22-44900-07-010
22-44900-06-010
22-44900-29-070
22-44900-29-120
22-44900-08-042
3. Amendment to Paragraph 7. Paragraph 7 of the Agreement is hereby amended to
read as follows:
7. POSSESSION. Seller shall deliver possession of the Property not later than the
actual Date of Closing, subject to Seller's right to enter that portion of the Property
identified as Tax Parcel 22-44900-28-043 to remove personal property from the barn
located on the parcel for up to nine (9) months after the Date of Closing. All interest, fuel
oil, liquid petroleum gas, and all charges for city water, city sewer, electricity, and natural
gas shall be prorated between the parties as of Date of Closing.
4. Amendment to Paragraph 8. Paragraph 8 of the Agreement is hereby amended to
read as follows:
A. Insures that at Closing Purchaser shall have marketable and insurable title of record
to the Property, free and clear of all liens, encumbrances, leases, claims and
charges, all material easements, rights-of-way, covenants, conditions and
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restrictions and any other matters affecting title, and deleting all exceptions, except
for such other matters as are approved by Purchaser in writing.
5. Amendment to Paragraph 17. Paragraph 17(A)(1) of the Agreement is hereby
amended to read as follows:
Except as otherwise provided under this Agreement, Seller has or as of the Date of
Closing will have marketable and insurable title to the Property of record, free and
clear of all liens, encumbrances, leases, claims and charges, all material easements,
rights-of-way, covenants, conditions and restrictions and any other matters affecting
the title, except for Permitted Exceptions. Seller currently leases a portion of the
Property to Brian Murphy on an oral lease for the 2015 farming season ("Farm
Lease").
6. Amendment to Paragraph 19. Paragraph 19 of the Agreement is hereby amended to
read as follows:
19. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by
this Agreement shall occur on or before January 29, 2016 and simultaneously with the delivery of
the fully executed Warweg Plat at a location designated by City at a mutually agreeable time
("Closing Date"). At Closing, Seller and City shall disclose their Social Security Numbers or
Federal Tax Identification Numbers for the purposes of completing state and federal tax forms.
7. Amendment to Paragraph 20(A). Subsection (12) of Paragraph 20A is hereby
deleted.
8. Amendment to Paragraph 22(A) Paragraph 22A is amended to read as follows:
A. The plats shall consist solely of outlots and shall include Sellers property depicted
on the map attached hereto as Exhibit F, consisting of the Remainder Parcels and
the following tax parcels owned by Seller:
PID NOs
22-02900-35-010
22-44900-07-010
22-44900-08-110
22-44900-08-120
22-44900-08-360
22-44900-08-050
22-44900-08-042
22-44900-09-070
22-44900-09-081
22-44900-09-270
22-44900-09-090
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hereto.
22-44900-00-074
22-44900-00-012
22-44900-04-120
22-44900-04-070
22-11500-04-080
22-44900-03-240
9. Amendment to Paragraph 24.A. Subsection (5) of Paragraph 24A is hereby deleted.
10. Exhibit B. Exhibit B to the Purchase Agreement is amended to read as attached
11. Exhibit E. Exhibit E to the Purchase Agreement is hereby deleted.
12. Counterparts. This Amendment may be executed in any number of counterparts or
by facsimile, each of which will be deemed to be an original, but all of which, when taken
together, constitute the same instrument.
13. Effect of Purchase Agreement. Except as provided herein, all terms and provisions
of the Purchase Agreement shall remain in full force and effect.
Seller and City have executed this Amendment as of the date first written above.
[signature pages to follow]
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Cllr
CITY OF LAIKENTHJL E
By -
Matt Little, Mayor
And:
Char Friedges, City Clerk
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Dated: 2015
SELLER:
By: . e GJ Gri'
George W. Warweg
18388M
Dated: d 044WI� S , 2015
EXHIBIT B
TO PURCHASE AGREEMENT
LEGAL DESCRIPTION OF PROPERTY:
Parcel 1
That part of the following described property:
Lots Three (3) to Six (6) inclusive, and all of Lots One (1) and Two (2) except that part thereof
included within the parcel of land described as: Commencing at a point 601.4 feet west and 25 feet
north of the Northeast corner of Section 30, Township 114, Range 20, thence South 180 feet,
thence southeasterly 376 feet to the west line of the railroad right of way (as it formerly existed),
thence Northwesterly along said right of way 229 feet to the intersection of the southwesterly right
of way of the main line of the Minneapolis, Northfield and Southern Railroad, thence North 50°
43' west along said right of way line 277 feet to point of beginning.
ALSO excepting that part of Lot Two (2) and Summit Avenue as vacated, described as follows:
Beginning at the intersection of the East right of way of Dakota Boulevard and the Southerly right-
of-way of the Minneapolis, Northfield and Southern Railroad; thence Southeasterly along said
Southerly right-of-way a distance of 277.0 feet; thence deflecting 87° 32'40" to the right a distance
of 119.4 feet; thence deflecting 80° 25' to the right a distance of 200.0 feet to the said East right-of-
way of Dakota Boulevard; thence Northeasterly along said East right-of-way a distance of 183.1
feet to the point of beginning, all in Block Six (6), Lenihan's Lots, Antlers Park.
Which lies westerly of a line drawn parallel with and 40.00 feet westerly of the centerline
described in Document Number 198968, hereinafter referred to as Line A, and southerly of a line
drawn parallel with and 30.00 feet southerly of the centerline described in Document Number
196968, hereinafter referred to as Line B. Said Lines A and B are described as follows:
Line A: Beginning at the Northeast corner of section 30, Township 114, Range 20, Dakota
County, Minnesota, thence on an assumed bearing of South 00 degrees 21 minutes 24 seconds
West along the East line of the Northeast Quarter of said Section 30 a distance of 1322.54 feet to
the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 30, thence
South 86 degrees 32 minutes 56 seconds West a distance of 582.57 feet to the point of beginning
of the centerline to be described; thence North 01 degree 55 minutes 41 seconds West a distance of
530.0 feet; thence on a tangential curve to the left, the radius of which is 350.00 feet, the central
angle of which is 25 degrees 00 minutes 00 seconds a distance of 152.72 feet; thence North 26
degrees 55 minutes 41 seconds West a distance of 257.68 feet; thence on a tangential curve to the
right, the radius of which is 350.00 feet, the central angle of which is 66 degrees 07 minutes 00
seconds, a distance of 403.88 feet; thence North 39 degrees 11 minutes 19 seconds East a distance
of 150.11 feet to the southwesterly right-of-way line of the Minneapolis Northern & Southern R.R.
and there terminating.
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Line B: Beginning at the Northeast corner of Section 30, Township 114, Range 20, Dakota
County, Minnesota, thence on an assumed bearing of South 00 degrees 21 minutes 24 seconds
West along the East line of the Northeast Quarter of the Northeast Quarter a distance of 1322.54
feet to the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 30;
thence South 86 degrees 32 minutes 56 seconds West a distance of 582.57 feet; thence North 01
degree 55 minutes 41 seconds West a distance of 530.0 feet; thence on a tangential curve to the
left, the radius of which is 350.00 feet, the central angle of which is 25 degrees 00 minutes 00
seconds a distance of 152.72 feet; thence North 26 degrees 55 minutes 41 seconds West and
tangent to said last described curve a distance of 220.00 feet to the actual point of beginning of the
centerline to be described; thence South 63 degrees 04 minutes 19 seconds West a distance of
118.01 feet; thence on a tangential curve to the right, the radius of which is 300.00 feet, the central
angle of which is 26 degrees 22 minutes 38 seconds a distance of 138.11 feet; thence Westerly
tangent to said last described curve a distance of 65.36 feet and there terminating.
And;
That part of the following described property:
Lots One (1) to Twelve (12), inclusive, being all of Block Twenty-nine (29), Lenihan's Lots,
Antlers Park; EXCEPT the West 83 feet of the South 136 feet of Lot Seven (7) in said Block
Twenty-nine (29);
All of Lot or Block S, Lenihan's Lots, Antlers Park.
All that area formerly occupied by railroad east of Block Six (6) and north and west of Block S
including area enclosed within the and all adjacent streets and alleys.
Subject also to the railroad right of way of the Minneapolis, Northfield, and Southern Railway,
being 66 feet in width and 33 feet on each side of the centerline of the railroad tract of said railroad
as now constructed and used over, across and through parts of Lenihan's Lots, Antlers Park and
Antlers Park.
Which lies westerly of a line drawn parallel with and 40.00 feet westerly of the centerline
described in Document Number 198968. Said centerline is described as follows:
Beginning at the Northeast corner of section 30, Township 114, Range 20, Dakota County,
Minnesota, thence on an assumed bearing of South 00 degrees 21 minutes 24 seconds West along
the East line of the Northeast Quarter of said Section 30 a distance of 1322.54 feet to the Southeast
corner of the Northeast Quarter of the Northeast Quarter of said Section 30, thence South 86
degrees 32 minutes 56 seconds West a distance of 582.57 feet to the point of beginning of the
centerline to be described; thence North 01 degree 55 minutes 41 seconds West a distance of 530.0
feet; thence on a tangential curve to the left, the radius of which is 350.00 feet, the central angle of
which is 25 degrees 00 minutes 00 seconds a distance of 152.72 feet; thence North 26 degrees 55
minutes 41 seconds West a distance of 257.68 feet; thence on a tangential curve to the right, the
radius of which is 350.00 feet, the central angle of which is 66 degrees 07 minutes 00 seconds, a
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distance of 403.88 feet; thence North 39 degrees 11 minutes 19 seconds East a distance of 150.11
feet to the southwesterly right-of-way line of the Minneapolis Northern & Southern R.R. and there
terminating.
And;
Parcel 2
P.I.D. 22-44900-28-043
All that part of Lots One (1), Two (2), Three (3) and Four (4), Block Twenty eight (28), Lenihan's
Lots, Antlers Park, lying north and east of a line from a point 126 feet north of the southeast corner
of said Lot Four (4); thence West 42 feet; thence North 16 feet, thence West 20 feet, thence North
125 feet; thence west 108 feet; thence North 34 feet, thence west 28.6 feet, thence North 336 feet,
more or less, to the southeasterly line of Dakota Boulevard.
And;
Parcel 3
P.I.D. 22-44900-28-041
The South 126 Feet of the East 147.6 feet of Lot 4, Block 28, Lenihan's Lots, Antlers Park.
Parcel 4
P.I.D. 22-44900-29-071
The West 83 feet of the South 136 feet of Lot Seven (7) in Block Twenty-nine (29), Lenihan's
Lots, Antlers Park.
Parcels 1 - 4 to be platted at Closing as Outlot D, Warweg Addition, Dakota County, Minnesota,
according to the recorded plat thereof.
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