HomeMy WebLinkAbout#04 - Ballfield Purchase Agreement AmendmentLA515\146\1012182.v1
STAFF REPORT
DATE: 3/4/25
Consent
TO: Mayor and City Council for Lake Elmo
FROM: Clark Schroeder Special Projects
AGENDA ITEM: Olson Property – First Amendment to Purchase Agreement
REVIEWED BY: Sarah Sonsalla, City Attorney
BACKGROUND:
On January 10, 2025, the City entered into a Purchase Agreement with Fonda Olson to purchase her
property in order for it to be part of a sports complex for the City. As you may recall, the City is only
purchasing a portion of the Olson property. The remainder of the property will be retained by Fonda
Olson and conveyed by her to her son, who owns the adjacent property. The property needed to be
surveyed so that the exact legal description of the property that the City is buying could be ascertained.
The survey has been completed. The Purchase Agreement is being amended in order to insert this legal
description into the Purchase Agreement.
ISSUE BEFORE COUNCIL:
Council needs to amend the Purchase Agreement to reflect the exact legal description of the property the
City will be buying before closing on the Olson property.
PROPOSAL DETAILS/ANALYSIS:
See the attached Resolution Approving the First Amendment to Purchase Agreement, the First Amendment
to Purchase Agreement, and the Purchase Agreement.
FISCAL IMPACT:
None beyond the Purchase Agreement which was already approved by the City Council.
OPTIONS:
Approve or deny the First Amendment to Purchase Agreement.
RECOMMENDATION:
If removed from the Consent Agenda:
Move to adopt Resolution Number 2025-020 approving the First Amendment to Purchase Agreement.
ATTACHMENTS:
Purchase Agreement
First Amendment to Purchase Agreement
Resolution Approving First Amendment to Purchase Agreement
LA515\146\1010524.v1
FIRST AMENDMENT TO PURCHASE AGREEMENT
This First Amendment to Purchase Agreement (this “First Amendment”) is executed
effective as of __________________ ___, 2025 (the “Effective Date”) by and between Fonda
Olson, a single person (“Seller”) and the City of Lake Elmo, a Minnesota municipal corporation
(“Buyer”).
RECITALS
WHEREAS, Seller is the fee owner of certain real property located in the City of Lake
Elmo which is legally described in Section 1 of the Purchase Agreement entered into between
Seller and Buyer on January 10, 2025 (the “Purchase Agreement”); and
WHEREAS, in the Purchase Agreement, Seller agreed to sell and Buyer agreed to
purchase a portion of the Property which is defined in the Purchase Agreement as the “Sale Parcel;”
and
WHEREAS, a survey of the Sale Parcel has been performed and the parties would like to
amend the Purchase Agreement to include an exact legal description of the Sale Parcel; and
NOW, THEREFORE, the parties hereto agree as follows:
1) Section 2 of the Purchase Agreement is amended to read as follows:
2. OFFER/ACCEPTANCE. Buyer desires to purchase a portion of the Property
which is defined herein as the “Sale Parcel.” In consideration of the mutual agreements
herein contained, Buyer offers and agrees to purchase the Sale Parcel, and Seller agrees to
sell and hereby grants to Buyer the exclusive right to purchase the Sale Parcel.
The Sale Parcel is legally described as follows:
That part of the west 1385.00 feet of the Southeast Quarter of Section 15, Township 29
North, Range 21 West, Washington County, Minnesota lying northerly of the north line of
the Chicago Northwestern Railroad Company, formerly known as the St. Paul, Stillwater
and Taylors Falls Railroad Company and lying easterly of the following described line:
Commencing at the northwest corner of said Southeast Quarter of Section 15;
thence westerly along the north line of said Southeast Quarter to the intersection
with the east line of the west 237.15 feet of said Southeast Quarter, being the point
of beginning of the line to be described; thence southerly along said east line to the
intersection with the south line of the north 537.57 feet of said Southeast Quarter;
thence easterly along said south line to the intersection with the east line of the west
455.00 feet of said Southeast quarter; thence southerly along said east line to the
intersection with said north line of the Chicago Northwestern Railroad Company,
LA515\146\1010524.v1
formerly known as the St. Paul, Stillwater and Taylors Falls Railroad Company,
and said described line there terminating.
The total area of this parcel is 32.00 acres, more or less.
Subject to Stillwater Boulevard North, also known as County Road 14, formerly known as
Trunk Highway 5 and 212 along the southerly line thereof as evidenced by the document
recorded in Book 246 of Deeds, page 592, on file and of record in the office of the County
Recorder, Washington County, Minnesota.
2) Exhibit A of the Purchase Agreement is hereby replaced with the new Exhibit A
attached to this First Amendment as Exhibit A.
3) Except as specifically provided in this First Amendment, the Purchase Agreement
remains unchanged and in full force and effect.
LA515\146\1010524.v1
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the
date written above.
SELLER
By: ________________________________
Fonda R. Olson
BUYER
CITY OF LAKE ELMO
By: ________________________________
Charles Cadenhead, Mayor
By: ________________________________
Julie Johnson, City Clerk
LA515\146\1010524.v1
EXHIBIT A
Depiction of the Sale Parcel (shown as “Parcel B” below)
LA515\146\1011672.v1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2025-020
A RESOLUTION APPROVING FIRST AMENDMENT TO PURCHASE AGREEMENT
FOR THE PROPERTY OWNED BY FONDA OLSON
WHEREAS, Fonda Olson (the “Seller”) is the fee owner of certain real property located
in the City of Lake Elmo which is legally described in Section 1 of the Purchase Agreement entered
into between Seller and the City of Lake Elmo on January 10, 2025 (the “Purchase Agreement”);
and
WHEREAS, in the Purchase Agreement, Seller agreed to sell and Buyer agreed to
purchase a portion of the Property which is defined in the Purchase Agreement as the “Sale Parcel;”
and
WHEREAS, a survey of the Sale Parcel has been performed and the parties would like to
amend the Purchase Agreement to include an exact legal description of the Sale Parcel; and
NOW, THEREFORE, BE IT RESOLVED,
1. That the City Council hereby approves the First Amendment to the Purchase
Agreement as presented to the City Council and attached to this Resolution as Exhibit
A.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE ________ DAY OF
_____________, 2025.
CITY OF LAKE ELMO
By: __________________________
Charles Cadenhead
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
LA515\146\1011672.v1
EXHIBIT A
Legal Description of the Property
First Amendment to Purchase Agreement
[to be attached]