HomeMy WebLinkAbout#03 & 04 - RLS.Minor Sub 10920 32nd StBUSINESS ITEM 6A
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CITY COUNCIL
DATE: MAY 4, 2021 AGENDA ITEM: CONSENT #3 & 4
TO: Mayor and City Council
ITEM: Registered Land Survey (RLS) and Property Purchase Agreement –
10920 32nd Street North
SUBMITTED BY: Ken Roberts, Planning Director REVIEWED BY: Ben Prchal, City Planner Sarah Sonsalla, City Attorney
SUMMARY AND ACTION REQUESTED:
The City Council is being asked to review and approve a registered land survey (RLS) proposed by the City of Lake Elmo and the property owner, Joseph Wallace. This RLS would subdivide the property located at 10920 32nd Street North in to two separate parcels thus creating two lots for tax and identification purposes. City staff also is asking the City Council to approve a purchase agreement for Tract B of the RLS. This agreement will allow the City to take ownership of the tract of land that now has a public street (33rd Street Lane N.).
GENERAL INFORMATION
Applicants: The City of Lake Elmo and Joseph Wallace, 10920 32nd Street North, Lake Elmo Location: 10920 32nd Street North, PID# 14-029-21-44-0019 Requests: Approval of Registered Land Survey to split said property into two separate parcels
and for a purchase agreement for Tract B of the RLS. Existing Single-family home and public street
Land Use: Existing Zoning: RS – Rural Single-family Residential
History: The southern part of the site (Tract A) has been used as a single-family dwelling with a detached accessory building. The northern part of the site (Tract B) has been used as right-of-way for 33rd Street Lane N. Deadline Application Complete – 03/31/2021
for Action: 60 Day Deadline – 05/30/2021 Applicable Chapter 153 – Subdivision Regulations
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REQUEST DETAILS
Registered Land Survey. The City of Lake Elmo Engineering staff, in conjunction with the property owner, Mr. Wallace, are requesting City approval of an RLS to split the property with the address of 10920 32nd Street North in to two separate parcels. The proposed subdivision will result in the creation of
one 0.33-acre (14,371 square-foot) parcel (Tract A) on which the existing house (10920 32nd Street North) is located and second 0.26 (11,489 square-foot) parcel (Tract B) which includes parts of Upper 33rd Street Lane right-of-way. This request would not create any additional building sites. City approval
of an RLS is required in this case because the property in question is Torrens property (not Abstract).
City staff is making this request to allow the City to purchase proposed Tract B from Mr. Wallace as it includes parts of Upper 33rd Street Lane North. This proposal was prompted by the City Council’s recent approval of the Old Village Phase 5 and 6 Public Improvement Project for this part of Lake Elmo.
REVIEW AND ANALYSIS
Property Ownership: There are two different ways of owning and indexing real property in Minnesota:
Abstract and Torrens (Registered). With Torrens property, the owner is issued a Certificate of Title, which forgoes the need for a chain of title (an abstract). A person who owns Torrens Property is assured that no one else has a claim to the property. Each time an owner voluntarily transfers property, a new Certificate of Title is created and only information that is currently relevant to title is shown on the Certificate (similar to a Certificate of Title for a vehicle). This process keeps the title of a Torrens property up to date. Once a property’s title is registered and becomes Torrens, no one can gain adverse possession rights against the title, including any prescriptive easement or statutory user rights.
There is currently no record of an easement for Upper 33rd Street Lane North on Mr. Wallace’s Certificate of Title for the property. Furthermore, even though the City has maintained a right-of-way over Parcel B throughout the course of many years, there is no way for it to assert that it has a prescriptive easement or statutory user rights over Parcel B because the property is Torrens. Therefore, the City must acquire an
easement for the right-of-way for Upper 33rd Street Lane or fee title to the property. Since Tract B is physically separated from Tract A and does not contain anything but right-of-way, the City and Mr. Wallace agreed that it made the most sense for Mr. Wallace to convey Tract B to the City instead of granting the City an easement. For Mr. Wallace to be able to convey Tract B to the City, the property needs to be subdivided into two parcels as even though it currently appears to be two separate parcels, it is legally only one parcel right now.
Registered Land Survey (RLS): An RLS is a means of subdividing a Torrens parcel into separate tracts of land. Minnesota Statutes Section 508.47 outlines the standards and requirements for conveying Torrens property in Minnesota. The statute notes that “[t]he County Registrar of Title may require the owner of a registered parcel who wishes to convey any part of the Parcel to prepare a drawing known as a registered land survey.” Additionally, the statute states that an RLS must be approved by the City in the manner required for approval of subdivision plats, which approval shall endorsed on it or attached to it.
Lake Elmo Subdivision Ordinance: The Lake Elmo Subdivision Ordinance includes the following section:
§ 153.04 REGISTERED LAND SURVEY.
No registered land survey of lands in the City shall be recorded with the Registrar of Titles until the registered land survey has been approved by the City. The approval shall be indicated by resolution endorsed on or attached to the registered land survey signed by the Mayor and City Clerk. No registered land survey shall be approved by the City or signed by the officers if the
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recording of the registered land survey will result in a subdivision in violation of any provision,
regulation, or requirement of this chapter.
Review of Registered Land Survey. The City needs to review the proposed RLS in context with City
Code Section 153.04 Registered Land Survey (above) and City Code Section 153.07 Minor Subdivisions. The City may review the proposed RLS as a minor subdivision, as the proposed subdivision (RLS) is a division of land that results in no more than four parcels. The City may consider and review an RLS with
one set of actions. This review process is the equivalent to the City reviewing a preliminary and a final plat simultaneously.
Planning Staff Comments: Since the proposed RLS would allow for the public ownership of property that is now used for a City street and no new building sites are proposed, City Planning staff supports City approval of the proposed RLS and the Purchase Agreement.
DRAFT FINDINGS
Staff is recommending that the City Council consider the following findings with regards to the proposed registered land survey (RLS):
1. That the Registered Land Survey (RLS) is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2. That the RLS meets the requirements of the City’s Subdivision Ordinance and specifically the requirements for an RLS and for minor subdivisions. 3. That the RLS is necessary for the City to take ownership of proposed Tract B of the proposed RLS for a part of Upper 33rd Street Lane that is currently privately owned and not subject to an easement.
4. That the proposed Registered Land Survey subdivides the one property that now has total of 0.59 acres into two lots or Tracts as follows: Tract A – 0.33 acres and Tract B - 0.26 acres.
PURCHASE AGREEMENT
City staff is proposing that the City purchase Tract B of RLS No. 131 from Mr. Wallace. Tract B as shown on the RLS includes parts of Upper 33rd Street Lane. As noted above, the City does not have an easement for this street nor does the City currently own the property. Mr. Wallace has indicated to staff a willingness to sell Tract B to the City. The City Attorney has prepared a purchase agreement for Tract B that would transfer the ownership of the tract from Mr. Wallace to the City. The amount of the purchase price is $24,438.00. Mr. Wallace has also agreed to grant the City a temporary construction easement over the property that he is retaining (Tract A) which is a requirement of the Purchase Agreement.
This transfer also will benefit Mr. Wallace as it will clean-up and update his property record (his
property’s Certificate of Title) to show what exactly he owns and what the City will own going forward.
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RECCOMENDATIONS:
City Staff is recommending approval of the Purchase Agreement for Tract B of Registered Land Survey
No. 131.
“Move to adopt Resolution 2021 – 049 approving the purchase agreement for Tract B of proposed Registered Land Survey No. 131 with Mr. Joseph Wallace.”
Staff and the Planning Commission are recommending approval of Registered Land Survey (RLS) No. 131 as proposed by the City of Lake Elmo to split the property at 10920 32nd Street North into two separate parcels.
“Move to adopt Resolution 2021 – 050 approving proposed Registered Land Survey No. 131 for the
property located at 10920 32nd Street North.”
ATTACHMENTS:
1. Location Map 2. Property Line Map 3. Proposed RLS No. 131 4. Proposed RLS No. 131 (Enlarged)
5. Proposed Purchase Agreement 6. Resolution 2021 – 049 (Purchase Agreement) 7. Resolution 2021 – 050 (Approving RLS)
32ND ST N33ND ST NS 87°03'59" W 125.03N 00°09'59" W 110.29N 89°50'01" E 124.89S 00°09'59" E8.25N 86°34'38" E10.00S 00°09'59" E 96.00S 86°34'38" W10.00S 89°50'01" W 124.89N 00°09'59" W40.04N 89°50'01" E 104.88N 00°09'59" W 319.92S 00°09'59" E 366.20S 72°30'35" W20.966
( 1
: EAST LINE OF LOT 4 BLOCK 3 NORTH LINE OF LOT 4 BLOCK 3SOUTH LINE OF LOT 4 BLOCK 3WEST LINE OF LOT 4 BLOCK 3
TRACT ATRACT B11,469 sqft.FOUND3/4 REBAR(NOT HELD)FOUND1/2 IN OPEN IP(HELD AS PART OF BEST FITFOR NORTHERLY LINE)FOUND1/2 IN OPEN IP(HELD AS PART OF BEST FITFOR NORTHERLY LINE)14,371 sqft.130.82133.11551.24 (547.87)591.43 (580.64)263.93113.11502.99 (495)100.00104.88 (105)(*125)(*125)187.21 (186.92)32ND ST N33ND ST NEAST LINE OF LOT 4 BLOCK 3 NORTH LINE OF LOT 4 BLOCK 3SOUTH LINE OF LOT 4 BLOCK 3FOUND CIMEAST LINE OFSE QUARTER OFSEC.14, TWP. 29 N., RNG. 21 W.TRACT ATRACT BWEST LINE OFFIRSTREARRANGEMENTOF LOT 3 BLOCK 3LAKE ELMO PARK EAST LINE OFFIRST REARRANGEMENT OFLOT 3 BLOCK 3 LAKE ELMO PARKFOUND 1/2 INOPEN IP (NOT HELD)FOUND 1/2 INOPEN IPFOUND 1/2 INOPEN IPFOUND 1/2 INOPEN IPSave: 1/25/2021 1:26 PM tsbrown Plot: 1/25/2021 1:26 PM S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1402921440019-RLS.dwg
SHEET 1 OF 10feetscale40804020REGISTERED LAND SURVEY NO. 131PROJ # 151537ORIENTATION OF THIS BEARINGSYSTEM IS BASED ON THEWASHINGTON COUNTYCOORDINATESYSTEM, NAD83 (1986 ADJ)AND WAS SURVEYED USINGNAD83 (2011 ADJ) SHIFTED TO SAIDCOUNTY COORDINATE SYSTEMORIENTATION OF THIS BEARINGSYSTEM IS BASED ON THEWASHINGTON COUNTYCOORDINATESYSTEM, NAD83 (1986 ADJ)AND WAS SURVEYED USINGNAD83 (2011 ADJ) SHIFTED TO SAIDCOUNTY COORDINATE SYSTEM0feetscale10020010050I, Theodore S. Brown, do hereby certify that, in accordance with the provisions of Minnesota Statutes Section 508.47, and I have surveyed and divided the the following described property situatedin the County of Washington, State of Minnesota to wit:(Torrens - Certificate of Title No. 74738)Lot Number Four (4), in Block Number Three (3), of LAKE ELMO PARK, according to the plat thereof on file and of record in the Office of the Register of Deeds of Washington County, Minnesota.EXCEPTING THEREFROM all that part of Lot Four (4), Block Three (3), LAKE ELMO PARK described as follows, to-wit: BEGINNING at an iron monument set at a point on the northerly linethereof, said point being One hundred thirty and eighty-two one-hundredths (130.82) feet southwesterly from the northeast corner thereof, said one hundred thirty and eighty-two one-hundredths( 130.82) feet being measured along the northerly line thereof, and running thence southwesterly along said northerly line thereof One hundred thirty-three and eleven one-hundredths (133.11)feet to an iron monument set on said northerly line thereof, thence south on a line parallel to the east line thereof Five hundred forty-seven and eighty- seven one-hundredths (547.87) feet, moreor less, to its intersection with the south line thereof; thence east along said south line to its intersection with a line drawn from the point of beginning to the south line thereof, said line beingparallel to said east line thereof, thence north on said parallel line Five hundred eighty and sixty-four one-hundredths (580.64) feet, more or less to the point of beginning, and containing 1.64acres more or less.EXCEPTING ALSO: That part of Lot Four (4), Block Three (3), LAKE ELMO PARK, described as follows, to- wit: BEGINNING at an iron pipe monument set on the northerly line thereof at a pointTwo hundred sixty-three and ninety-three hundredths (263.93) feet southwesterly from the northeast corner thereof, said Two hundred sixty-three and ninety-three hundredths (263.93) feetbeing measured along the northerly line thereof; and running thence south on a line drawn parallel to the east line thereof Five hundred forty-seven and eighty-seven hundredths (547.87) feet,more or less to its intersection with the south line thereof; thence west and northwest along said southerly line thereof to the southwest corner thereof; thence north along the west line thereofFour hundred ninety-five (495) feet to the northwest corner thereof; thence northeasterly along the northerly line thereof One hundred thirteen and eleven hundredths (113.11) feet to the point ofbeginning, and containing 1.36 acres more or less.EXCEPTING ALSO: All that part of Lot Four (4), Block Three (3) of LAKE ELMO PARK, in the Village of Lake Elmo, Minnesota, legally described as follows: Commencing at the NE corner of Lot 4,Block 3, of LAKE ELMO PARK as now of record and on file in the office of the Register of Deeds in and for the County of Washington and State of Minnesota; thence southwesterly along thenorth line of said Lot 4 for 20.96 feet to the point of beginning of this description, thence south and parallel with east line of said Lot 4, for 219.92 feet; thence west at right angles for 105 feet;thence north at right angle and parallel with said East line of Lot 4 for 186.92 feet to its intersection with the north line of said Lot 4; thence east at right angles 109.86 feet to the point ofbeginning.EXCEPTING ALSO: All that part of Lot 4, Block 3, of LAKE ELMO PARK, in the Village of Lake Elmo, Minnesota, described as follows: Commence at the northeast corner of Lot 4, Block 3, of LAKEELMO PARK as now of record and on file in the office of the Register of Deeds in and for the County of Washington, State of Minnesota; thence southwesterly along the north line of said Lot 4for 20.96 feet; thence south and parallel with the east line of said Lot 4 for 219.92 feet to the point of beginning of this description; thence continuing south along said parallel line with east line ofLot 4 for 100 feet; thence west at right angle for 105 feet; thence north at right angle for 100 feet; thence east at right angle for 105 feet to the point of beginning.Also an easement for ingress and egress over and across a 20 foot strip, the east line of which is described as beginning at the NE corner of Lot 4, Block 3, LAKE ELMO PARK and runningsoutherly to a point due east of the southeast corner of the above described tract.EXCEPTING ALSO: All that part of Lot 4, Block 3 of LAKE ELMO PARK, in the Village of Lake Elmo, Minnesota, described as follows: Commence at the northeast corner of Lot 4, of Block 3 ofLAKE ELMO PARK as now of record and on file in the Office of the Register of Deeds, in and for the County of Washington, State of Minnesota; thence south along the east line of said Lot 4 for366.2 feet to the point of beginning of this description: thence continuing on said east line of Lot 4 for 153.9 feet; thence west at right angle for 125 feet; thence north at right angle for 153.9 feet;thence east at right angle for 125 feet to the point of beginning.Also an easement for ingress and egress over and across a 20 foot strip, the east line of which is described as beginning at the northeast corner of Lot 4, Block 3, LAKE ELMO PARK, and runningsoutherly to the northeast corner of the above described tract.All that part of Lot Number Six (6), of FIRST REARRANGEMENT OF Lot 3, OF BLOCK 3, OF LAKE ELMO PARK, as surveyed and platted and now on file in the office of the Registrar of Titles inand for said Washington County and State of Minnesota, described as follows, viz: BEGINNING at the southwest corner of said lot, and running thence north along the west line of said lot,Ninety-six (96) feet to a point; thence east on a line parallel with the south line of said lot, Ten (10) feet to a point; thence south on a line parallel with the west line of said lot to the south linethereof; thence west along the south line of said lot, Ten (10) feet to the place of beginning.I hereby certify that this Registered Land Survey was prepared by me or under my direct supervision, that I am a duly Licensed Land Surveyor in the State of Minnesota, and that this RegisteredLand Survey is a correct representation of said parcel of land. Dated this ____ day of ______________________, 20____.______________________________________________Theodore S. Brown, Licensed Land Surveyor, Minnesota License No. 51678STATE OF MINNESOTACOUNTY OF WASHINGTONThis instrument was acknowledged before me this ____ day of ______________, 20___, by Theodore S. Brown, Licensed Land Surveyor.______________________________________________Notary Public, _______________________ County, Minnesota My Commission Expires _______________W.R.W.R.T.N.N.T.14292921211413
CITY OF LAKE ELMOThis Registered Land Survey is hereby accepted by the City Council of Lake Elmo, WashingtonCounty, Minnesota, this ____ day of ___________________, 20___.Signed_____________________________Signed_____________________________MayorClerkCOUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and Minnesota Statues Sections 389.09,Subd. 1, this Registered Land Survey is hereby accepted this ____ day of___________________, 20___.Signed_____________________________Signed_____________________________Washington County SurveyorByCOUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 508.47, taxes payable in the year 20___ on the landherein described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there areno delinquent taxes and transfer has been entered on this ____ day of _________________,20___.Signed_____________________________Signed_____________________________Washington County Auditor / TreasurerDeputyCOUNTY REGISTRAR OF TITLESDocument Number ____________I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record onthis ____ day of _____________________, 20____, at ____ o'clock __.m. and was dulyrecorded in Washington County Records.Signed_____________________________Signed_____________________________Washington County Registrar of TitlesDeputySET 1/2 INCH BY 18 INCH IRON PIPE MARKED "TSBROWN 51678"FOUND PROPERTY MARKER, DENOTED BY TYPE AND RELEVANCE ON SURVEYFOUND CAST IRON MONUMENTPHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.comMEASURED LENGTH (DEED LENGTH PER EXCEPTION)MEASURED LENGTH (*DEED LENGTH WITH DEED OVERLAP)LEGENDS 00°09'24" E759.37S 72°30'35" W376.54S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1402921440019-RLS.dwg, 1/25/2021 1:26:49 PM, ANSI full bleed D (22.00 x 34.00 Inches), 1:1
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PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this “Agreement”) is made this ____ day of May, 2021 (the “Effective Date”), by and between Joseph Wallace, a single person (“Seller”) and the
City of Lake Elmo, a Minnesota municipal corporation (“Buyer”).
2. SALE OF PROPERTY AND CONVEYANCE OF TEMPORARY CONSTRUCTION EASEMENT. Seller is the owner of that certain real estate in the City of Lake Elmo, County of Washington, and State of Minnesota, legally described on the attached Exhibit A (the “Property”). Seller desires to sell a portion of the Property that is labeled as “Tract
B” on the proposed Registered Land Survey No. 131 that is attached as Exhibit A (the “Sale Parcel”). Seller shall also grant Buyer a temporary construction easement over Tract A of the Registered Land Survey in the form set forth in the attached Exhibit B (the “Temporary Easement”).
3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase, and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Sale Parcel and any improvements thereon and the Temporary Easement.
4. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE:
The purchase price of the Sale Parcel and the Temporary Easement shall be
$24,438.00. Seller has requested that the purchase price be credited against the special assessments that are due with respect to Tract A, which is the portion of the Property that Seller is retaining. The preliminary street special assessment for Tract A is $13,700 and the preliminary sanitary sewer special assessment is $12,500. Said
final assessment is subject to change once the final project costs are known. Upon
the levying of the special assessments by Buyer on Tract A, Buyer will apply a credit of an amount of $24,438.00 against the special assessments. Any remaining amount of the special assessments will be certified against Tract A of the Property for collection with the property taxes. This paragraph shall survive closing.
B. TERMS: (1): DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable title
to the Sale Parcel to Buyer, subject only to the following exceptions:
a. Building and zoning laws, ordinances, and state and federal regulations;
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b. Reservation of minerals or mineral rights to the State of Minnesota,
if any; c. Public utility, drainage and road easements of record which will not interfere with Buyer’s intended use of the Sale Parcel; and
d. Lien of current taxes not yet due and payable. 5. DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 4.B.1 above, Seller shall deliver to Buyer:
A. Standard form Affidavit of Seller. B. A “bring-down” certificate, certifying that all of the warranties made by Seller in this Agreement remain true as of the date of closing.
C. Certificate that Seller is not a foreign person or entity. D. Well disclosure certificate, if required, or, if there is no well on the Sale Parcel, the Warranty Deed given pursuant to subparagraph (4) above must include the
following statement:
“The Seller certifies that the Seller does not know of any wells on the described real property.”
E. Individual sewage treatment system disclosure statements prepared on forms
provided for that purpose as required by applicable statutes, if required. F. Methamphetamine Disclosure form required by applicable statutes. G. An executed Temporary Easement in the form set forth on the attached Exhibit B.
H. Such other documents as may be reasonably required by Buyer’s title examiner or title insurance company. 6. CONTINGENCIES. A. Buyer’s obligation to buy is contingent upon the following: (1): Buyer’s determination of marketable title pursuant to paragraph 12 of this
Agreement;
(2): Approval of this Agreement by Buyer’s governing body; and
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(3): Buyer obtaining approval from the City to subdivide the Property using the
Registered Land Survey that is attached as Exhibit A to create the Sale Parcel. Upon the approval of Buyer’s governing body, Buyer shall provide written notice to Seller that the
contingency set forth at 6.A.2 above is satisfied. Buyer shall have until the Date of Closing to
remove the remaining contingencies set forth above in this paragraph 6. The contingencies are solely for the benefit of Buyer and may be waived by Buyer. If the contingencies are duly satisfied or waived, then Buyer and Seller shall proceed to close the transaction as contemplated herein. If, however, one or more contingencies is not satisfied, or is not satisfied on time, and is not waived,
this Agreement shall thereupon be void, at the option of Buyer. If this Agreement is voided by
Buyer, Buyer and Seller shall execute and deliver to each other the termination of this Agreement. As a contingent purchase agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et seq.
B. Seller’s obligation to sell the Sale Parcel is contingent upon the following:
(1): None. 7. OPERATION OF SALE PARCEL PRIOR TO CLOSING. Prior to the Closing Date:
A. Seller shall not cause any new mortgages, liens, leases, contracts, or encumbrances to be created by Seller against the Sale Parcel. 8. CLOSING DATE. The closing of the sale of the Sale Parcel shall take place within 30
calendar days of the Registered Land Survey being recorded with Washington County, however,
in no event shall the closing occur later than June 30, 2021. The closing shall take place at Buyer’s location or as mutually agreed upon by the parties. 9. INSPECTION AND REPRESENTATIONS. Seller hereby warrants to Buyer that to the
best of the Seller’s knowledge that during the time Seller has owned the Property, there have been
no acts or occurrences upon the Sale Parcel that have caused or could cause contamination or hazardous substances in the subsoil or ground water of the Sale Parcel. This warranty shall survive the closing of this transaction.
10. REAL ESTATE TAXES. A. Seller shall be responsible for all real estate taxes, including any deferred real estate taxes, penalties, or interest, for the years prior to the year which closing occurs. Buyer and Seller shall prorate as of the date of closing the real estate taxes for the
Sale Parcel due and payable in the year of closing. Since the Sale Parcel is part of
a larger tax parcel, the taxes attributable to the Sale Parcel shall be apportioned based on the ratio of square feet of the Sale Parcel to the total square feet of the tax parcel of which the Sale Parcel is a part; the parties shall prorate the taxes attributable to the Sale Parcel, and the Seller shall pay the taxes attributable to the
remainder of the larger tax parcel.
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B. Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees prior to the date of this Agreement, or other current services provided to the Sale Parcel by the assessing authority while Seller is in possession of the Sale Parcel.
11. MARKETABILITY OF TITLE; EXAMINATION OF TITLE. Upon execution of this Agreement, Buyer may order a commitment for title insurance (“Commitment”) for the Sale Parcel. Buyer shall have 15 days from the date of its receipt of the Commitment to review the state of title to the Sale Parcel and to provide Seller with a list of written objections to such
title. Upon receipt of Buyer’s list of written objections, Seller shall proceed in good faith and with
all due diligence to attempt to cure the objections made by Buyer. In the event that Seller has failed to cure objections within 20 days after his receipt of Buyer’s list of such objections, Buyer may (i) by the giving of written notice to Seller to terminate this Agreement and this Agreement shall be null and void and neither party shall have any liability hereunder, or (ii) waive such
objections and proceed pursuant to this Agreement. Buyer shall have the right, but not the
obligation, to purchase title insurance at Buyer’s sole cost. 12. CLOSING COSTS AND RELATED ITEMS. Buyer will pay: (a) the premium for title insurance policy, if any, obtained by Buyer and the cost of any endorsements desired by Buyer;
(b) recording fees required to enable Buyer to record its deed from Seller under this Agreement,
including any recording or review fees charged by Washington County for the review and recording of the Registered Land Survey; (c) any survey, inspection, and investigation fees, including the cost of the Registered Land Survey; (d) its own attorneys’ fees; (e) the cost of the title commitment and any title search and examination fees; and (f) the application costs associated
with the City’s review and approval of the Registered Land Survey.
Seller will pay: (a) any transfer taxes required to record the deed from Seller under this Agreement; (b) all liens, encumbrances, or mortgages, if any, in order to make title marketable; (c) any other recording fees that may be required in order to give Buyer good marketable title to the Sale Parcel;
and (d) his own attorneys’ fees.
Buyer and Seller shall split any closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement.
14. POSSESSION. A. Possession. Seller shall transfer possession of the Sale Parcel to Buyer on the date of closing.
B. Removal of personal property. Seller agrees to remove from the Sale Parcel any
items of Seller’s personal property not included in this sale no later than date of closing. Items not removed by that date will be disposed of by Buyer, and the cost of disposal will be at Seller’s expense.
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C. Utilities. Seller is unaware of any utilities serving the Sale Parcel that would need
to be paid at closing. 15. REMOVAL OF HAZARDOUS MATERIALS. Seller, prior to vacating of the Sale Parcel, shall remove any substances known by Seller to exist on the Sale Parcel which, under state
or federal law, must be disposed of at an approved disposal facility.
16. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that to the best of his knowledge that there is not an individual sewage treatment on or serving the Sale Parcel.
17. WELL DISCLOSURE. Seller discloses that to the best of his knowledge there is not a well on or serving the Sale Parcel. 18. SELLER’S WARRANTIES. Seller warrants that to the best of his knowledge there are
no above ground storage tanks or underground storage tanks on the Sale Parcel. Seller warrants
that there has been no labor or materials furnished to the Sale Parcel for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Sale Parcel. Seller warrants that there are no tenants or third parties in possession of the Sale Parcel. Seller warrants that he has not filed, voluntarily or involuntarily for
bankruptcy relief within the last year under the United States Bankruptcy Code. These warranties
shall survive the closing of this transaction. 19. NO MERGER OF REPRESENTATIONS, WARRANTIES. The representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance
delivered at Closing, but instead shall survive closing, and the parties shall be bound accordingly.
20. RELOCATION BENEFITS. Seller acknowledges that he is being displaced from the Sale Parcel as a result of the transaction contemplated by this Agreement and that he may be eligible for relocation assistance and benefits and that the Purchase Price includes compensation
for any and all relocation assistance and benefits for which Seller may be eligible and Seller agrees
to waive any and all further relocation assistance benefits existing at this time as a result of Buyer’s acquisition of the Sale Parcel. The provisions of this Paragraph shall survive closing of the transaction contemplated by this Agreement.
21. BROKER. Seller and Buyer hereby represent and warrant to the other party that, in
connection with this transaction, no third-party broker or finder has been engaged or consulted by them or through such party’s actions (or claiming through such party) and is entitled to compensation as a consequence of this transaction. Seller and Buyer agree to indemnify, defend, and hold the other party harmless against any and all claims of brokers, finders, or the like, and
against the claims of all third parties, claiming any right to commission or compensation by or
through acts of the indemnifying party or its partners, agents, or affiliates in connection with this Agreement. The indemnifying party’s indemnity obligations shall include all damages, losses, costs, liabilities, and expenses, including reasonable attorneys’ fees and litigation costs, which may be incurred by the other party.
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22. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
agreement between the parties and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns.
23. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller.
24. NOTICE. Any notice, demand, request, or other communication which may or shall be
given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid or hand delivered and addressed as follows:
SELLER: Joseph Wallace
10920 32nd Street North Lake Elmo, MN 55042 BUYER: City of Lake Elmo Attn: City Administrator
3880 Laverne Avenue North, Suite 100 Lake Elmo, MN 55042 ATTORNEY FOR Kennedy & Graven, Chartered BUYER: Attn: Sarah J. Sonsalla
150 South Fifth Street, Suite 700 Minneapolis, MN 55402-1299 25. DEFAULT. In the event of a default by Seller hereunder, Buyer may terminate this Agreement, or, if said action is brought within 60 days after said default, bring an action to compel
the specific performance of this Agreement in a court of law or equity. In the event of a default by Buyer hereunder, Seller may terminate this Agreement or, if said action is brought within 60 days after said default, bring an action to compel the specific performance of this Agreement in a court of law or equity. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will, for all purposes, be deemed to be an original, and all of which are identical. This Agreement may further be evidenced by facsimile or electronic signature pages.
27. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the state where the Sale Parcel is located. 28. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall
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be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
29. WAIVER. The waiver by any party of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or another provision of this Agreement.
30. GOVERNMENT APPROVALS AND PERMITS; SUBDIVISION. The Sale Parcel is currently part of a larger parcel. Buyer shall be responsible for obtaining all government approvals and permits deemed necessary by Buyer for its intended use of the Sale Parcel, including subdivision of the Property, at its expense. Seller shall cooperate with Buyer with respect to Buyer
obtaining these approvals and permits and join in any applications, if required.
[The rest of this page left intentionally blank.]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SELLER: By: ___________________________________
Joseph Wallace
BUYER: CITY OF LAKE ELMO By: Charles Cadenhead
Its: Mayor
By: Julie Johnson
Its: City Clerk
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EXHIBIT A Proposed Registered Land Survey Showing the Legal Description of the Property and the Proposed Subdivision into Tracts A and B
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EXHIBIT B Form of Temporary Construction Easement TEMPORARY CONSTRUCTION EASEMENT THIS INSTRUMENT is made by Joseph Wallace, a single person, Grantor, in favor of the City of Lake Elmo, Minnesota, a municipal corporation under the laws of the State of Minnesota, Grantee (the “City”).
Recitals A. Grantor is the fee owner of the property located in Washington County, Minnesota (the
“Property”) and legally described on Exhibit A attached hereto.
B. Grantor desires to grant to the City a temporary construction easement (the “Easement”) according to the terms and conditions contained herein. Terms of Temporary Construction Easement
1. Grant of Temporary Construction Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the City the following Easement which is legally described on Exhibit B (the “Easement Area”) and depicted on Exhibit C attached hereto.
2. Scope of Easement. The above-described Easement includes the rights of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purposes of constructing roadway, grading, and drainage and utility improvements on the Property.
The temporary easement granted herein also includes the right to cut, trim, or remove any landscaping, trees, shrubs, improvements, or vegetation within the Easement Area that in the City’s judgement unreasonably interferes with the roadway, drainage, grading and utility work. The City will restore the Property affected by the work to the general condition that it was prior to the work
being performed. Restoration will be completed no later than the expiration date of this easement.
Grantor will not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Easement Area during the term of this Easement, either above or below the surface or change the grade thereof without the express written permission of the City.
3. Warranty of Title. The Grantor warrants that he is the owner of the Property and has the right, title, and capacity to convey to the City the easement herein. 4. Environmental Matters. The City shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses
LA515-91-716572.v1 1
resulting from any claims, actions, suits, or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the Grantor, his heirs, successors, and assigns.
6. Term. The easement granted herein shall expire on _______________. STATE DEED TAX DUE HEREON: NONE
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Dated this ____ day of ______________, 2021.
GRANTOR
By: Joseph Wallace
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _________,
2021 by Joseph Wallace, a single person, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS)
150 South 5th Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300
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EXHIBIT A TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Property
Lot Number Four (4), in Block Number Three (3), of LAKE ELMO PARK, according to the plat thereof on file and of record in the Office of the Register of Deeds of Washington County, Minnesota, southerly and easterly of line described as follows: commencing at the northeast corner
of Lot 4, of Block 3 of LAKE ELMO PARK as now of record and on file in the Office of the
Register of Deeds, in and for the County of Washington, State of Minnesota; thence south along the east line of said Lot 4 for 520.10 feet to the point of beginning; thence west at right angle for 125 feet; thence south at right angle for 110.30 feet more or less to the southerly line of said Lot 4 and there terminating.
TOGETHER WITH: All that part of Lot Number Six (6), of FIRST REARRANGEMENT OF LOT 3, OF BLOCK 3, OF LAKE ELMO PARK, as surveyed and platted and now on file in the office of the Registrar of Titles in and for said Washington County and State of Minnesota,
described as follows: viz: BEGINNING at the southwest corner of said lot, and running thence
north along the west line of said lot, Ninety-six (96) feet to a point; thence east on a line parallel with the south line of said lot, Ten (10) feet to point; thence south on a line parallel with the west line of said lot to the south line thereof; thence west along the south line of said lot, Ten (10) feet to the place of beginning.
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EXHIBIT B TO TEMPORARY CONSTRUCTION EASEMENT Legal Description of the Easement Area A temporary construction easement over, under, across, and through the southerly 9 feet of the
following described property: Lot Number Four (4), in Block Number Three (3), of LAKE ELMO PARK, according to the plat
thereof on file and of record in the Office of the Register of Deeds of Washington County,
Minnesota, southerly and easterly of line described as follows: commencing at the northeast corner of Lot 4, of Block 3 of LAKE ELMO PARK as now of record and on file in the Office of the Register of Deeds, in and for the County of Washington, State of Minnesota; thence south along the east line of said Lot 4 for 520.10 feet to the point of beginning; thence west at right angle for
125 feet; thence south at right angle for 110.30 feet more or less to the southerly line of said Lot 4
and there terminating. TOGETHER WITH: All that part of Lot Number Six (6), of FIRST REARRANGEMENT OF
LOT 3, OF BLOCK 3, OF LAKE ELMO PARK, as surveyed and platted and now on file in the
office of the Registrar of Titles in and for said Washington County and State of Minnesota, described as follows: viz: BEGINNING at the southwest corner of said lot, and running thence north along the west line of said lot, Ninety-six (96) feet to a point; thence east on a line parallel with the south line of said lot, Ten (10) feet to point; thence south on a line parallel with the west
line of said lot to the south line thereof; thence west along the south line of said lot, Ten (10) feet
to the place of beginning.
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EXHIBIT C TO TEMPORARY CONSTRUCTION EASEMENT
Depiction of the Easement Area
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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2021-049 A RESOLUTION APPROVING A PURCHASE AGREEMENT FOR THE PURCHASE OF RIGHT-OF-WAY DESCRIBED AS TRACT B OF 10920 32ND LANE N.
WHEREAS, Joseph Wallace (“Mr. Wallace”) is the owner of property located at 10920 32nd Lane N., in the City of Lake Elmo, as shown as Tracts A and B on the Registered Land Survey that is attached as Exhibit A; and
WHEREAS, Tract B contains improved right-of-way for 33rd Street Lane N.; and WHEREAS, the City of Lake Elmo desires to make improvements to the 33rd Street Lane N. right-of-way and desires to purchase said property from Mr. Wallace; and
WHEREAS, the City and Mr. Wallace desire to enter into a purchase agreement, pursuant to which Mr. Wallace will convey Tract B to the City; and NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council hereby approves the Purchase Agreement in substantially the form presented to the City Council, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Clerk, provided that execution of the Purchase Agreement by those officials shall be conclusive evidence of their approval.
2. City officials, staff, and consultants are authorized to take all actions necessary to perform the City’s obligations under the Purchase Agreement as a whole, including without limitation, execution of any documents to which the City is a party referenced in or attached to the Purchase Agreement, and of any deed or other documents
necessary for Tract B to be conveyed by Mr. Wallace to the City, all as described in the Purchase Agreement; ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF MAY, 2021. CITY OF LAKE ELMO By: __________________________
Charles Cadenhead (Seal) Mayor ATTEST: ________________________________
Julie Johnson City Clerk
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EXHIBIT A Registered Land Survey Showing Tracts A and B
CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2021 - 050 A RESOLUTION APPROVING A REGISTERED LAND SURVEY (RLS) FOR THE PROPERTY LOCATED AT 10920 32ND STREET NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, The City of Lake Elmo Engineering staff, in conjunction with the property owner, Mr. Wallace, are requesting City approval of Registered Land Survey (RLS) No. 131 to split the property with the address of 10920 32nd Street North in to two separate parcels as shown on RLS No. 131 as prepared by Short-Elliot-Hendrickson and signed by Theodore S. Brown, L..L.S., License No. 51678, a copy of which is on file in the City of Lake Elmo Planning
Department; and WHEREAS, the Lake Elmo Planning Department has reviewed the proposed Registered Land Survey for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Registered Land Survey at a meeting held on April 26, 2021; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the proposed Registered Land Survey as part of a memorandum to the City Council for the May 4, 2021 City Council Meeting; and WHEREAS, the City Council reviewed the proposed Registered Land Survey at a meeting held on May 4, 2021.
NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1. That the Registered Land Survey (RLS) is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2. That the RLS meets the requirements of the City’s Subdivision Ordinance and
specifically the requirements for an RLS and for minor subdivisions.
3. That the RLS is necessary for the City to take ownership of proposed Tract B of the
proposed RLS for a part of Upper 33rd Street Lane that is currently privately owned and not subject to an easement. 4. That the proposed Registered Land Survey subdivides the one property that now has total
of 0.59 acres into two lots or Tracts as follows: Tract A – 0.33 acres and Tract B - 0.26
acres. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby approves proposed Registered Land Survey No. 131 as proposed by the City of Lake Elmo.
Passed and duly adopted this 4th day of May, 2021 by the City Council of the City of Lake Elmo,
Minnesota.
__________________________________
Charles Cadenhead, Mayor ATTEST:
________________________________
Julie Johnson, City Clerk