05-21-91 CCM - Laserfiche WebLink

Home Browse Search

Memo to City Council -two- March 15, 1976 and the City would bear any expense of the sale except those expenses normally paid by the seller such as abstract expenses. 4. The City would pay up to $750.00 for a Park ground survey to be prepared by registered land surveyor under the direction of the developer. Incidentally, although not related to the Park negotiations, the developers did decree that the conditions for approval of the preliminary plat as set forth in David Licht's memo of January 27, 1976, were appropriate and acceptable to the developer. on February 3, 1976, the City Council approved, in principal, the acquisition of the 23.3 acres for the Demontreville Park under the terms stated above, subject to approval of actual agreement at such time as it is reduced to writing and formally presented to the Council. On February 5, 1976, the developer presented to me a survey map prepared by C. R. Winden & Associates, Inc. dated February 4, 1976, describing the Park "A" which is exactly 15 acres in size representing part of the Park to be "purchased" by the City and Park "a" being 8.79 acres in size which represents part of the Demontreville Park to be dedicated by the developer in satisfaction of its obligation under the subdivision ordinance. The survey also describes an easement. The easement described is the wider corridor which the developer will be dedicating for the purpose of access to the lake on a temporary basis subject to the DNR acquisition. A permanent draining easement will be located within this corridor but its location cannot be defined with specificity until the water begins to flow in the Spring. In addition to the surveys, I have been provided with a registered property abstract in order to examine title to the land from which the park acquisition will be made. Attached to this memo for your examination you will find a copy of the said survey, my title opinion covering the land described in that survey and, finally, a combination purchase agreement and development contract between the City and the land owner. I call your attention first to the title opinion. Some of the matters set forth in that title opinion are important to an appreciation of the terms of the agreement. When you look at the purchase agreement/ development contract you will notice that its purpose is to formalize and make binding the tentative agreement reached by the developer and the City's representatives on January 31, 1976, and approved in principal by the City Council on February 3, 1976. I want to call the Council's attention to the contingency in this agreement as to the dedication of the 8.7 acre parcel referred to as Park "B". That is: Park "B" will only be dedicated to the City for park purposes at such time as the final