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Barkley Purchase - Council information
LAND EXCHANGE AGREEMENT This Purchase Agreement (the "Agreement") is made this r1' day of Jaw w , 201b by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"5 and JACOB J. BARKLEY and MAUREEN L. BARKLEY, husband and wife ("Barkleys"), RECITALS A. City is the fee owner of certain real property, situated in Hennepin County, Minnesota and described on "Exhibit A" hereto ("City Land"). B. The Barkleys are the fee owners of certain real property consisting of three parcels, situated in Hennepin County, Minnesota and described on "Exhibit B" hereto ("Barkley .and Parcel 1 is a residential parcel ("Residence Parcel") Parcel 2 is a dock parcel ("Dock Parcel") Parcel 3 is a remnant ("Remnant Parcel") C. Whereas the Barkleys desire to acquire the City Land for additional dock area; D. The Barkleys agree to convey the Remnant Parcel and other consideration to the City in exchange for the City Land. The City Land and Remnant Parcel are collectively referred to hereunder as "Properties." NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SALE AND PURCHASE OF REAL PROPERTY. In consideration of the agreements herein contained, the City agrees that it will convey the City Land to the Barkleys. Concurrently, the Barkleys agree that they will convey to City the Remnant Parcel. 2. PURCHASE PRICE. In addition to the conveyance of the Remnant Parcel, Barkleys will pay to the City for conveyance of the City Land Twenty -Five Thousand and no/100 Dollars ($25,000.00), which the Barkleys shall pay in cash on the Closing Date. 3. ENVIRONMENTAL ASSESSMENT. As soon as possible after the execution hereof, the City and the Barkleys shall have the right, if they desire, at their own expense to inspect the respective properties of the other party being exchanged for the purpose of determining whether or not there are any environmental conditions that affect the parcel to be acquired. If the environmental inspection reveals any environmental conditions that are unsatisfactory to the respective party, said party may elect either of the following options: (a) Terminate this Agreement as provided by statute; or 184949v4 (b) Proceed with the terms of this Agreement by waiving the contingency relating to the environmental condition. 4. PHYSICAL INSPECTION. The City and the Barkleys shall each have the right from time to time prior to the Closing, to enter upon the respective property being exchanged, to examine the same and the condition thereof and to conduct such surveys and to make such engineering and other inspections, tests and studies as they determine to be reasonably necessary for their use of the property. All physical inspections shall be at the sole cost and expense of the party making the same. The City and Barkleys will conduct all examinations and surveys of the respective properties in a manner that will not harm or damage the respective properties so that it cannot be restored to its prior condition or cause any claim adverse to either party, and will restore the respective properties to the condition they were in prior to any such examination, immediately after conducting said examination. The Barkleys and the City shall indemnify, defend, and hold harmless each other from any and all claims for injury or death to persons, damage to property or other losses or damages or claims, including, in each instance, reasonable attorneys' fees and litigation costs, arising out of the action of any person or firm entering upon the respective properties, which indemnity will survey the Closing and the termination of this Agreement without the Closing having occurred. 5. TITLE EXAMINATION. Title Examination will be conducted as follows: (a) Title Evidence. The City and the Barkleys will, as soon as possible after the date of this Agreement, furnish the following (collectively, "Title Evidence") to the other party for the property being transferred by them under this Agreement: (i) Title Commitment. A Commitment for Title Insurance for the respective properties including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. (ii) Title Objections. The City and the Barkleys shall have 10 business days after receipt of the Title Commitment from the other party to provide the other parry with a copy of the Commitment and written objections. The City and the Barkleys shall be deemed to have waived any title objections not made within the 10-day period above, except that this shall not operate as a waiver of either parry's covenant to deliver a Warranty Deed under this Agreement. (iii) Title Corrections and Title Remedies. The City and the Barkleys shall have 60 days from receipt of written title objections by the other party to make title marketable for their respective property. Upon receipt of title objections, each party shall, within ten (10) business days, to notify the other of their intention to make title marketable within the 60-day period. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by either party shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. 184949v4 2 (b) If notice is given and either party makes title marketable, then upon presentation to the other party of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. (c) If notice is given and either party proceeds in good faith to make title marketable but the 60 day period expires without title being made marketable, the other party may declare this Agreement void by notice, neither party shall be liable for damages hereunder to the other. (d) If either party does not give notice of intention to make title marketable, or if notice is given but the 60 day period expires without title being made marketable due to the other parry's failure to proceed in good faith, the exclusive remedy is rescission of this Agreement by notice as provided herein. (e) If title is marketable, or is made marketable as provided herein, and either party defaults in any of the agreements herein, the other party's exclusive remedy is to cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 6. CLOSING. Each transaction is contingent upon the successful closing of the other transaction. Unless terminated earlier or extended as provided herein, the date for closing the sale and purchase of the Properties (the "Closing") shall be on a date mutually agreed to by the parties but not later than March 31, 2016 (the "Closing Date"). The Closing shall take place at the offices of a title company mutually agreed upon by the parties (the "Title Company"), or such other location as mutually agreed upon by the parties and may be completed through escrow of closing documents and funds with the Title Company. 7. BARI2I.EYS' CLOSING OBLIGATIONS. On the Closing Date, the Barkleys shall execute and deliver to City: (a) The duly executed limited warranty deed to the Remnant Parcel conveying title to the City free and clear of all liens and encumbrances except the following items (allowable encumbrances): (i) Building and zoning laws, ordinances, state and federal statutes or other governmental regulations; (ii) Real estate taxes for which the City is responsible; (iii) Those items approved by the City pursuant to Section 5; and (iv) Reservation of any minerals or mineral rights in the State of Minnesota. 184949v4 3 (b) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against the Barkleys, and no labor or materials have been furnished to the Remnant Parcel for which payment has not been made, and that to the best of the Barkleys' knowledge there are no unrecorded interests relating to the Remnant Parcel. (c) Such other documents required under Section 12(a). (d) Such other documents as may be reasonably required by the Title Company. S. CITY'S CLOSING OBLIGATIONS. On the Closing Date, the City shall execute and deliver to the Barkleys: (a) The duly executed limited warranty deed to the City Land conveying title to the Barkleys free and clear of all liens and encumbrances except the following items (allowable encumbrances): (i) Building and zoning laws, ordinances, state and federal statutes or other governmental regulations; (ii) Real estate taxes for which the Barkleys are responsible; (iii) Those items approved by the Barkleys pursuant to Section S; and (iv) Reservation of any minerals or mineral rights in the State of Minnesota. (b) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against City, and no labor or materials have been furnished to the City Land for which payment has not been made, and that to the best of City's knowledge there are no unrecorded interests relating to the City Land. (c) Such other documents as may be reasonably required by the Title Company. 9. PROBATIONS. The City and the Barkleys agree to the following prorations and allocation of costs regarding this Agreement: (a) Title Commitment. Each party will be responsible for the costs associated with providing a title commitment for the parcel that the party is conveying. If a party desires a title policy for the parcel the party is acquiring, that cost shall be assigned to the party acquiring the property. (b) Deed Tax. Each party shall be responsible for payment of the deed tax for the property that the party is conveying. 184949v4 a (c) Real Estate Taxes and Special Assessments. (i) City Land. General real estate taxes payable in the years prior to the year of closing and installments of special assessments will be paid by the City. General real estate taxes payable in the year of closing, if any, shall be pro rated by the City and the Barkleys as of the Closing Date on a per diem basis based upon a calendar year. The City shall pay on or before the Closing Date all pending special assessments that are due prior to the Closing. The City shall pay at Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this Agreement. The Barkleys shall pay real estate taxes due and payable in the year following closing and thereafter. (ii) Remnant Parcel. General real estate taxes payable in the years prior to the year of closing and installments of special will be paid by the Barkleys. General real estate taxes payable in the year of closing, if any, shall be pro rated by the Barkleys and the City as of the Closing Date on a per diem basis based upon a calendar year. The Barkleys shall pay on or before the Closing Date all pending special assessments that are due prior to the Closing. Barkleys shall pay at Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this Agreement. The City shall pay real estate taxes due and payable in the year following closing and thereafter. (d) Recording Costs. Each party will pay the cost of recording all documents necessary to place record title to the property the party is conveying in the condition warranted by the parties in this Agreement. Each party will pay the cost of recording the deed for the property that that the party is acquiring. 10. CITY'S COVENANTS, REPRESENTATIONS AND WARRANTIES. The City hereby covenants, represents and warrants to the Barkleys, as of the date of this Agreement and as of the Closing Date, as follows: (a) No Breach. The consummation of the transactions contemplated by this Agreement will not constitute a default or result in the breach of any term or provision of any contract or agreement to which the City is a party so as to adversely affect the consummation of such transactions. (b) Authority. The execution, delivery and performance of this Agreement by the City has been authorized and approved by the City, and the person executing this Agreement on behalf of the City has full authority to bind the City to the terms hereof. (c) No Actions. There is no action, suit, legal proceeding, investigation, condemnation or other proceeding pending or threatened against the City which may adversely affect the consummation of the transactions contemplated by this Agreement or affecting any portion of the City Land, in any court, before any arbitrator of any kind or before or by any governmental body. 184949v4 5 (d) Liens. All work which has been performed in, on or about the City Land or materials furnished thereto by the City or the City's contractors which might, in any circumstances, give rise to a mechanic's or materialman's lien has been paid for or all necessary waivers of right to a mechanic's or materialman's lien have been obtained. (%W Wells. The City certifies that the City does not know of any "Wells" %J the described City Land within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This representation is intended to satisfy the requirements of that statute. (f) Title to City Land. The City owns the City Land, free and clear of all encumbrances. (g) Environmental Laws. To the best of the City's knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants (as defined in applicable federal or state laws or local ordinances) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the City Land, nor has any activity been undertaken on the City Land that would cause or contribute to (i) the City Land to become a treatment, storage or disposal facility as defined in any federal or state law or local ordinance, (ii) a release or threatened release of toxic or hazardous substances or wastes, pollutants or contaminants, from the City Land as prohibited by any federal or state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under any federal or state law or local ordinance. To the best of the City's knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants or other environmental conditions in or on the City Land that may support a claim or cause of action under federal or state law or local ordinances or other environmental regulatory requirements. To the best of the City's knowledge, no part of the City Land is a "Wetland", as defined by law. The City will disclose to the Barkleys all environmental reports and studies with respect to the City Land which are in the City's possession or control. (h) Storage Tanks. To the best of the City's knowledge, there are no above- ground or underground tanks in or about the City Land. To the extent such storage tanks exist, each will be duly registered with all appropriate regulatory and governmental bodies and will be removed or brought into compliance with applicable federal, state and local statutes, regulations, ordinances and other regulatory requirements at the City's expense. The City will indemnify the Barkleys, their heirs, successors and assigns, against, and will hold the Barkleys, their heirs, successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that the Barkleys incur because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by the Barkleys with knowledge of any such breach by the City will not constitute a waiver or release by the Barkleys of any claims due to such breach. Nevertheless, any claim that the City has breached a representation or warranty must be in writing and must be given by the Barkleys within two years of the Closing Date or be deemed waived. 184949v4 ll. THE BARKLEYS' COVENANTS, REPRESENTATIONS AND WARRANTIES. The Barkleys hereby covenant, represent and warrant to the City, as of the date of this Agreement and as of the Closing Date, as follows: (a) No Breach. The consummation of the transactions contemplated by this Agreement will not constitute a default or result in the breach of any term or provision of any contract or agreement to which the Barkleys are a party so as to adversely affect the consummation of such transactions. (b) No Actions. There is no action, suit, legal proceeding, investigation, condemnation or other proceeding pending or threatened against the Barkleys which may adversely affect the consummation of the transactions contemplated by this Agreement or affecting any portion of the Remnant Parcel, in any court, before any arbitrator of any kind or before or by any governmental body. (c) Liens. All work which has been performed in, on or about the Remnant Land or materials furnished thereto by the Barkleys or their contractors which might, in any circumstances, give rise to a mechanic's or materialman's lien has been paid for or all necessary waivers of right to a mechanic's or materialman's lien have been obtained. (d) Wells. The Barkleys certify that they do not know of any "Wells" on the described Remnant Parcel within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This representation is intended to satisfy the requirements of that statute. (e) Title to Remnant Parcel. The Barkleys own the Remnant Parcel, free and clear of alI encumbrances, excepting any mortgages, the lien of which will be removed from the Remnant Parcel on or before the Closing Date, and further excepting any public highway rights, if any. (f) Environmental Laws. To the best of the Barkleys' knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants (as defined in applicable federal or state laws or local ordinances) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Remnant Parcel, nor has any activity been undertaken on the Remnant Parcel that would cause or contribute to (i) the Remnant Parcel to become a treatment, storage or disposal facility as defined in any federal or state law or local ordinance, (ii) a release or threatened release of toxic or hazardous substances or wastes, pollutants or contaminants, from the Remnant Parcel as prohibited by any federal or state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under any federal or state law or local ordinance. To the best of the Barkleys' knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants or other environmental conditions in or on the Remnant Parcel that may support a claim or cause of action under federal or state law or local ordinances or other environmental regulatory requirements. To the best of the Barkleys' knowledge, no part of the Remnant Parcel is a "Wetland", as defined by law. The Barkleys will disclose to 184949v4 the City all environmental reports and studies with respect to the Remnant Parcel which are in the Barkleys' possession or control. (g) Storage Tanks. To the best of the Barkleys' knowledge, there are no above ground tanks in or about the Remnant Parcel. To the extent such storage tanks exist, each will be duly registered with all appropriate regulatory and governmental bodies and will be removed or brought into compliance with applicable federal, state and local statutes, regulations, ordinances and other regulatory requirements at the Barkleys' expense. To the best of the Barkleys' knowledge there are no underground storage tanks on the Remnant Parcel. The Barkleys will indemnify the City, the City's successors and assigns, against, and will hold the City, the City's successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that the City incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by the City with knowledge of any such breach by the Barkleys will not constitute a waiver or release by the City of any claims due to such breach. Nevertheless, any claim that the Barkleys have breached a representation or warranty must be in writing and must be given by the City within two years of the Closing Date or be deemed waived. 12. CONTINGENCIES. (a) City's Contingencies. The obligations of the City under this Agreement are expressly contingent upon each of the following (the "City's Contingencies"): (i) The City shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of any environmental/soil investigations and tests of the Remnant Parcel conducted by the City, the costs of which shall be the responsibility of the City. By executing this Agreement, the Barkleys hereby authorize the City, its contractors, and agents to enter upon the Remnant Parcel for purposes of conducting environmental, engineering and soil tests. (ii) The City shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the title to the Remnant Parcel. (iii) All of the covenants, representations, and warranties made by the Barkleys shall be true and correct as of the Closing Date. (iv) The Barkleys' submitting, on a form provided by the City, the necessary document for combining the City Land, Dock Parcel and Residence Parcel under a single tax parcel, to be submitted at closing. (v) The Barkleys granting an easement over the City Land and Dock Parcel in substantially the form attached hereto as "Exhibit C", to be recorded at closing ( 'Scenic Easement"). 184949v4 (vi) The Barkleys granting an appurtenant easement for the benefit of the property located at 3620 Eileen Street for access and a dock in substantially the form attached hereto as "Exhibit D", to be recorded at closing ("Dock Easement"). If the City's Contingencies have not been satisfied on or before the Closing Date, then the City may, at the City's option, terminate this Agreement by giving notice to the Barkleys on or before the Closing Date. The contingencies set forth in this section are for the sole and exclusive benefit of the City, and the City shall have the right to waive the contingencies by giving notice to the Barkleys. (b) The Barkleys' Contingencies. The obligations of the Barkleys under this Agreement are expressly contingent upon each of the following (the `Barkleys' Contingencies"): (i) The Barkleys shall have determined on or before the Closing Date, that they are satisfied, in their sole discretion, with the results of any environmental/soil investigations and tests of the City Land conducted by the Barkleys, the costs of which shall be the responsibility of the Barkleys. By executing this Agreement, the City hereby authorizes the Barkleys, their contractors, and agents to enter upon the City Land for purposes of conducting environmental, engineering and soil tests. (ii) The Barkleys shall have determined on or before the Closing Date, that they are satisfied, in their sole discretion, with the title to the City Land. (iii} All of the covenants, representations, and warranties made by the City shall be true and correct as of the Closing Date, If Barkleys' Contingencies have not been satisfied on or before the Closing Date, then the Barkleys may, at the Barkleys' option, terminate this Agreement by giving notice to the City on or before the Closing Date. The contingencies set forth in this section are for the sole and exclusive benefit of the Barkleys, and the Barkleys shall have the right to waive the contingencies by giving notice to the City. 13. MISCELLANEOUS. (a) No Partnership or Joint Venture. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture among the parties. (b) No Broker Commissions. Each party represents and warrants to the other parties that there is no broker involved in this transaction with whom the warranting party has negotiated or to whom the warranting party has agreed to pay a broker commission. Each party agrees to indemnify the other parties for any and all claims for brokerage commissions or finders' fees in connection with negotiations for the purchase and sale of 184949v4 9 the Properties arising out of any alleged agreement or commitment or negotiation by the indemnifying party. (c) No Merger. The provisions of this Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. (d) Entire Agreement; Amendments. This Agreement constitutes the entire agreement among 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 the parties or their respective successors or assigns. (e) 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. (f) 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; delivered by a nationally recognized overnight delivery company, or actually received by the recipient and addressed as follows: (i) If to City: (ii) If to the Barkleys: City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 3640 Bayside Road Long Lake, -m N 55356 (g) Headings. The headings of the sections and subsections of this Agreement are for convenience of reference only and does not forma part hereof, and in no way interpret or construe such sections and subsections. (h) Survival. of Covenants, Representations, Warranties and Agreements. All covenants, representations, warranties and agreements contained herein shall survive the closing. Nevertheless, any claim that either parry has breached a representation or warranty must be in writing and must be given by the non -breaching parry within two years of the Closing Date or be deemed waived. (i) Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. (j) Counterpart signatures. The parties agree that this Agreement may be executed in two or more counterparts, all of which when taken together shall comprise one and the same instrument. Each party agrees that the other party may rely upon facsimile copies 184949v4 I O of the signatures of such parry. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. 184949v4 [Signature Page for City] CITY OF ORONO Lili Tod McMillan, Mayor By: 184949v4 12 [Signature Page for the Barkleys] Jacob J. ,tla �7- G een L. Barkley 184949v4 13 ID►:iC11I1YII:1 Legal Description of the City and Lot 2, Block 3, Bay View Park, Hennepin County, Minnesota. 184949v4 Legal Description of Barkley all Parcel 1("Residence Parcel") Lot 1, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota. Parcel 2 ("Dock Parcel") Lot 1, Block 3, Bay View Park, Hennepin County, Minnesota, which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as "Line A", said "Line A" being described as follows; Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5t' Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "Line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. Parcel 3 ("Remnant Parcel") Lot 16, Block 1, Bay View Park, Hennepin County, Minnesota which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with aline hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. 184949v4 Hennepin County Auditor/Treasurer's Office A600 Hennepin County Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Re: Owners' Request to Combine Parcels Dear Sir or Madam: Jacob J. Barkley and Maureen L. Barkley, husband and wife, hereby request the Hennepin County Auditor/Treasurer's Office to combine Iegal descriptions of three contiguous parcels of land described on Exhibit A attached hereto pursuant to Minnesota Statutes Section 272.46. Dated this Pl� Very truly yours, Jacob J. Title Recording Services, Inc. 700911 79 Western Ave N St. Paul, MN 55102 MT159337 HENNEPIN T MINNETONKA BASIC IliIIIII IIII IIIII IIIII IINI IIIII IIIII IIIII IlIIIIII OTHER L. Barkley Parcel 1("Residence ParceP') Lot 1, Black 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota. AND Parcel 2 ("Dock Parcel") Lat 1, Black 3, Bay View Park, Hennepin County, Minnesota; which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as "Line A", said "Line A" being described as follows; Commencing at the Northeast comer of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5d'Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "Line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. AND Parcel 3 ("City Land"} Lot 2, Block 3, Bay View Park, Hennepin County, Minnesota. 172083v1 186049v1 79 Western Avenue N. Suite C St. Paul, MN 55102 Ph 651.225:9436 Fax 651.22549451 Recording Reject NOW Closer: Company: Closing Center: Jane Lynn Minnetonka Title, Inc. File Reference: MT159337 For Otflce Use Only County: Hennepin TRSI No: 700111 TRSI Rejec t NoII:172251 III�II) IIII ��lll (III l�'�� II'I�II") IIIII IIII I") Date: 3I30/2016 Documents Enclosed: Other Partial Release Quit Claim Deed Page 1 of 1 Reject Reason: The qcd has a small piece of the legal split out, therefor will need the entire years taxes paid before they will file the transfer. Also, please fill out the attached forms the county did not accept the request for combination as it was drafted. {correct forms attahced) first set of documents filed. Provided As A Courtesy By Title Recording Services, lnc. 13:26:50 Monday, March 28, 2016 PAYABLE 2016 PROPERTY TAX INFORMATION INQUIRY CODE 101 PROPERTY ID 05 117 23 21 0024 PSC C SCH DST 278 WTRSHD 3 SWR DST IFPROJ # MUNIC 38 PLAT 43172 PARCEL MTG LOAN # OWNER J M RYAN & R C RYAN JR MTG CO CODE R/S # D/S 0 PROP ADDR 3625 EILEEN ST CONDMN # TAXPAY N/A JAN MARIE RYAN 06/13/2014 ROBERT C RYAN JR 3625 EILEEN ST MAPLE PLAIN MN 55359 GROSS TAX 22,637.42 EST MV .00 TAXABLE MV NET TC FORM M-1PR LN 1 22,637.42 MKT VALUE TAX 3,508.53 STATE GEN TAX .00 IMPROV AMT 408,000 1,676,000 QUAL IMPROV HMSTD CD H AG P/S 1,676,000 OVER 10 ACRE 19,700 320 ACRE LIMIT NET TA_X 22,637.42 SOLID WASTE FEE .00 SPECIALS .00 TOTAL TAX 22,637.42 NET TAX PAID .00 LAST PMT DATE CJ F/L CJ/CONTRACT NO EARLIEST DELQ YR DIV PENDING TAX ADJ PEND SPEC ADJ PEND PFR PENDING PFR DATE PFR # DEF SPECIAL BANKRUPTCY TARGETED AREA FD AREA TC FD AREA TAX LOCAL TC LOCAL TX 00 00 00 19,128.89 Department Approval: Name Jeremy Barnhart REQUEST FOR COUNCIL ACTION Administrator Reviewed: Title Community Development Director DATE: 11 January, 2016 ITEM NO: 12 Agenda Section: Planning Department Report Item Description: Consider sale of City property PID 05-117-23-24-0118 List of Exhibits A. Land Exchange agreement Purpose. Formally accept the offer to purchase 615 square feet of city owned land, identified as PID 05-117- 23-24-0118. Background. The Council met in closed session on December 14th and agreed to Jacob Barkley's offer to purchase 615 square feet in exchange for the following: 1. Payment of $25,000 2. Provision of scenic and dock easements consistent with similar easements over the 617 sq ft parcel to the north 3. Combination of lots 05-117-23-24-0118, 05-117-23-24-0122, and 05-117-23-21-0011 as permitted by the County 4. Transfer of a 1 sq. ft. lot remnant 05-117-23-24-0023 to the city The attached exchange agreement, prepared by the City Attorney provides for those conditions and has been accepted by Mr. Barkley. Present land ownership, Barkley in Red, City in Yellow go ,;pp or ,A } •� y LF y w Ago v o— or we" NO So -ok VIP ve 3625 i3"0 ol IL wt r�,;t _. D 00 r # Hennepin County GIS - Printable Map Page 1 of 1 12 0f Vit ( / J00c. �a7 Bq ewrwti C7 h� R cede, 84: —s88;�--——————- 16 r , I 4g(t,6F513? eo >Oct �16�l7 3 ' (118) 3 41% Gil g t W e fit 4 ; 12 5 ' U VVV6 , 10 7 ' 9 ski8 1 11 { ) SClM�c PAS fcthl Die � If YVygy - - - - - - � - -SBT27'517°€; Map Scale: 1" = 100 ft. Print Date: 1/8/2016 � This map is a compilation of data from various sources and is furnished "AS IS"with no � representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT ©HENNEPIN COUNTY 2016 A Think Green! https://gis.hennepin.us/Property/printldefault.aspx?C=451407, 8340953 347,49803479134069... 1 /8/2016 1i44484 Form No. 31—M. W1ji5 Jttbeuture, Me da this.............;r11._., ............._.......day of. betwsaa .IIIto ..lRt",.Hn" nf; 11...ix. {;il'rertsrn, Arnold G. Cilbertncn and Ch"rler: H. S7ear xe., 3.�..,,, the lava of Ehe State of.....,..`.ii.t?.nA.9.R`•."•..............................,......,....,.., party of E1+e J1raE part, anti 0 a oorporatton under Wte lave of t1u State of.....,......r.�i;nnesotn................................._......,.,......,.....,..., party of tho aeoond part, VA,P. .4R�t r.. ntldm•.o.*.,1t r Y.."Al km+'?3Xt...q nIS, A %1140tw.'to1ret_-Nw,t7...1 �n .00r�uleraEion of_ tha25,b?/!/it��i to it in hand paid by the said party of the second part, the receipt whereof is hereby acknoWedged, done hereby Brant, Bargain, Quttolaim, arul Convey unto the sold party of the second part, its aueoasaors and aeallIna, Forever, all the :rest......... or parrosl...........of land lying and being In the County o}....................... .9.4?.I1.1.ttA..........old ..........................ancl State of dfinneaota, described as follows, tawit: PIhnt part of the follotain.^ described property: Lot 16, Block 1, r_nd Lot 1, Block 3, Any View Park, according to the recorded plat thereof, whi!sh lies �outh,erly of P line 33 feet Southerly of, mensured at ri;;ht angles to and onrsllel with, n linn hereinafter referred to nn ""In" i\", nail "Tine All baint; an folletrs: Commencing at the lforthenst ccrnar of the Northwest quarter of Spotion 5, Tovmnhip 117 North, Fame 23 'Nest, or the+ 5th P.inoipsl Lleridinn; thence South alon:; the )•lgst line of said Northwest aunrter n distance of 1400.28 feet; thence deflecting 1-eft f++ decrees 30 minutes a distan of 143.32 feet to the point of bpginninr; fo said "Leine A"; thence deflecting right IE30 deccrees along said "line A" a di.etnnee of 100 feet; thorn.^e alona a trm_rer.tiel t; curve to the left hnvinir a radius of 500 feet smd centrstl nngle of 2? de:;rees rt.30 minutes a dist^nrP of 19A.35 feetl thence Westerly tnneffnt to said curve to the West line of the lfortheast qunrtpr of the Southeast qualrter of said Northwest t�uarter, end thore ending. The nurpor:e of the within instrument is to hrant to the Second Psterty herein a SOM11C RASMIT over the above described premises. This SCF.'IZC FASE'rMiT limits the improvements on said premises to the erection of two small, inconspicuous, private (not multiple) docks tn he used for the nsnnl and normal fishing, swiming and•docking purroses and for the: exclusive benrfit of the oe•ncrs of Lots 1 and 4, Block 1, Riedel Company's Stubby gay Addition. No vehicular usirking shrill be allowed on said premises, no signs or billboards except small sums not exceeding in dimensions 2 feet by 3 feet indicating said docks and premises to be DrivatP pronerty. The erection of said docks to be subject to and in compliance with any requirements of the City of Orono. Real bstnte T^,x Sr,n:Prnen*s on the above premises rare to he sent to J, P, Riedel & Company, 5037 Richmond Dr. :Mina, Nn. 55A36 State Deed tax hereon is �2.2U �i0 �ijAbC AIID t0 �jOiD tiJC �AInC,lugathar with all the Iurediktmants and appurtenanocs tltera- :tnto belonging or in anywise appertaining, to the said party of the auond part, its succtaeora and assigns, Forever. Ira Presents o f �tt �CBttmonp 3:�16¢reaf, TIw a fir:.$arty hoe soused thus �?traidandnandriie_nne...n!:...itz_naxtrnrund strroorpmxtta:etabcto: >iariterattntoozfJ4xad the day and year first above written. Its...................................................... I+ umt Claim o.,e. Form No 31—. M uul,t.n..l, a,, Uinnnnoll., L11I . _Coryul,tlon to Comaration. • - ._. _,._ _ lTlnnrwuUnite toCuorar,unelne61,fn4,prilb jTWO lubtuture, dfade tltfa...........^, day oj.. Xy..'.. i between ... i.e.,.,. ie.. :;' .. ' a........., 0.., ., ..•.,.a.:.....:...2r.......•..^.r:Y,......._.1....';`.?. a..1.a.. .'..e...... ...� ,l.1 I .., ... .. u.'t.':... _;1J rt::n .r.•j...t'? n., r o t• r±., r,F r ,. a 6Wtlo)'ZUISii under the Iowa of the State of......: 3.G.12: m„.. r<... .. :::n.' s.......................................•......., party of the first part, and I It a corporation under tlu lava of t1u State of.........•...: ... *6 A#2'....................•............................,................. ..............................." party of the ecoonrt part, !, Wltumsetht :Chat the said party of the first part, in consideration of ilia sir t of t .....:p .t ,,1.:; }:1..:..{.l::' •s.'•.1.......la? 7..i �iT •op,:.±,?i,g?:-....r....- ....,.. - - - ISO' 1R 1 , Vita. ,. .......r.............». , to It in hand paid by the said party of the second part, t1u receipt whereof Is hereby acknotoledFed, „ does hereby Chant, Dargain, Quitolaim, and Convey unto the said party of the second part, its successors of and assigns, Forever, all the trwet...........or parcel........• of hand lytng and being to the County/ of.._ .................._ } '•••••••;;j•;;1;•1}g,;P4i.r;•••••••••, and Stats of Minnesota, described as follows, to -wit: !� "i:.. n,rt ".r. tolloyitt dc:,._•ilo%(A ,.a>p r{,:' lot 16, "'.ock 1, -:nd 1::-A+ 2, : k j Palo?ii.,.. ?•,.4„ 4rro4rt'i t , lu r:,norded n1 * •' „gaff tr; i .}, lqn,: .atr)•,,-s..e, tV n ;, line C r g7t is±tq- r1, of? ,to s r z lit 1 r +., t lr l t?', , 1 r h .. ^tn- ;t, t^,., ,..•., ,1:: 11.1 tt' ", :.air! °... ni> t, ..nit. d.,•t,.,. �) r. l]O.'. `:�ILm�1.C.inFrµk }, r. l:ttors t.,r.,,. a'.. - o" II*f_, `h4VLO!tt rt'.. o" !' at_ott ':1 'p;..;re,t.i1 117 ,!- +ti r,.,n.." yi o h 5t1) p ,p 1 iRi•:nt t 1(•;fh (a -?I tti t 1 of tnt� ii� �h rfl. bin•,r'e,, n di..r{,, e ldt)t,,on, !'r,ni; ± tt:, lertert nr'l ft r do ens ift al_nut,o n^ l.r .t: .'t AlVia", paint o^ 1`,-+ri nt:i:'a' rr n•,i^ °:.; ne ti'' tit±Nlr'? dni'1. r'. C �'.. .. r<,, 1°t� g, ^eecA•,10E �•;ia "l: ... •n .l,., t.; r•re Of M ftite't *a tan.,..p r,loif r ::,i�' a. r ,�. t 1t. tA. K vlrt :� r dl or r elf, !•,tut -nl C4n'`rsl? nn .e o' ;' le t,n ! ± d or It; 35 m^e tN3trarly rvn r nt to evict rat• , It the i 7n.st 1tr.,' or h;-•tgnn,a m, rt'=",r?f ,he Salt}hr±n::t gtt•rt. or ::rtirl liortrt..tsAV ot i %n±:trt••r, ^:¢? t.^,to on! III i' •,,1,•no . n' «hn ;v i *..; i.n last"nla^t, r. i:: t.a r• ^ ,nt t., th•: S t::end a"�<rrt hernia a. tv .. thr,' ^ha'e ritlescrit,ei ,,remi-)nr. :�l:i: .'`h:'?S^, r.....:! ~himi`:t t".e imrtrovements rrt sot•it! . r isc:i ;n khe: a^orti^r of t•s^ sr-t11, irc•ngni.ouous, private (ro'• multinl:l lrr•t; if tie no-t„d "^r tj,., „sa<tl and noalsomrl fitthin:•, awimim• Zna defookimto )+tr^or; ':ttd ^ '•,.: nYb'±r' ve tern r't o^ t?:-. o m•rs or L 1 rr7 q, 31r,nk 1, il??del tlmila.:v'� zl.,il±+,ir a.,,, :!rldi.io±:. ilia . t ic'ti Ir 4;±ns i^a••rinr vrna,�. nr h' il.borxr§s rexnen" r•'rrrll 'si;nts lt'stt ,evr,,,±din: rlir:±Ln:^.ans 2 ^,:et hg 3 for,' ir;dic:t':+tt- :tnid dneko 't±'d .rl±'`.^_:{Fail h„ }S c, :tr': V's.. t ,•art,•. '1 p t... 1.r i;? 1, 'as t:'- , 'to ^er:tion a• st•ti^ (In sv..•,.,ct and n-,t,li,;rnC: t;i+h film,,. ,:i^•rrn:� of t?.:, C; .. o! frond. a�tt? s•1•: .tQ 'n„% .`i`.a'.tn.:,ry!;A n:: ilia r.�n-•� r,.,,j;,,.r nr<. +,: ?+^ sont to t. �. iie:lnl .. ^Olaf. +!/, ei•, •,7 i(i.•111.11 �±;•j �),•. =:6itt r+., It, •i �itl i{; n .,`fie tTef-d }.'±.% }, n,t•nnn is o2.32?) �0 �jAUC AtIU (0 �rh0ia iUC �nnle, Together with azL the Aerealta>nants and appurtenances theca unto balarging or in an�vise appertaining, to Ehe aatd party of the second part, its suoeessars and assigns, Forever. �� �ri �etttitnonp 1@.I�ereof, Tlta aa�d flrat. party leas causal thus u r •rr tt•, �,� •± Yrsaidcnti'arcdr�ta..ttct,a...n ...i+M,. t.� t :ex rut iferrarpomiaxeakto: bs1mrisouteta-nfrsed the day and year first above written, hr I'reaence of 8......... ....�.....• fr eA ny?.......h...., ............ ._ .. d r.... S.A. .. nt K,^.r i) Its.. Pe*tngr...........�'6rit1� ...foot ..... . ........ 1, 441184 z a Mate atiztne�ota, County of....,..J,1zmnextin.«.....................................reasj/s. Onthta..»...............«..3xt.......,.,.......,.,.«...,..«...«.day of.....,1Jlne,......,,.........,,..,..............,..._«....,..,......, 18.104?5..., before me, a xfttttlxv...gtbl i ^......................,....«. «..._.....«...._.......wttl�in anti for said Comay, Peraonaliy appeared Piro .....$,«. area. ..a .. .�...... �.!.111t[Y......... «..........�•.«.. to ape Personally known, toowho, being envh by mo duly stuorn.....,kte.,........_......dtd say by f Grp»itapeotarrsiy foregoiaag inatniment, afi`st'fllddtt�tq'eb);,ls�%f,%�,f�,�� and OW raid instmmrnt was algned and seated in dBMjlOfdkipYur nartnerahip The e+ithin Ingrn;:nent wns drafted by Charles .•i, 8nekr, A,torney 5037 Richmond Drive F.dine 10 a 55+t36 behalf of raid ��ratsa�Crhli authority of itax8aaidc .e.9...i.�R...S,ne�.r.... n Hers � .,......« ........ �rYit aafd matnament to be the free aot awd deed of said ,hrotory Prtbiio............._.......:_..........,_......_._....................Countp, Afinn. Afycommiaaion erplreo...................grub .......« .........««., Is* ...,..,.......•., 18..,........ @ILEEN M. SPEAR Mr::NE%N eouNTV }. NOTANYFUBL1C'O'j BpfA !r GOrlrfi0B10N [illil4� MAN: Fall ✓.. 9 �s Z r. c a 0 c c z }y� abuse 4 W p Z Z N. W 'L N x i so k `114 rose Asia Pri u i6 aep O tyi'� .r3 IFEA o i t t MILE, of �iiYne�otri, Cooney of..I'll ..e.^..tiL;Y:.:1.t`1 ................................ real .......».�sP. Onthta.................»......;,fii?.......•1' aide ,,..,...........»....day Ulf like RA isis Wifitl0q.4....................to, . ..., IB...:..Ile ..., before mo, a ; .,...»... ..toithln and for said County, pereonal1v appeared to mo personally henown•, nthro, beta ermh l �x,.•. 1,n ; „ n . aou �.... _ .g _ by ma duly sworn......2R:...................dttt say th Z �4sake ctax�at foregolnp tnetrrFment,.aie<t'tl�'a'f�tf+a�s�.t.aI4.�iT�a�tfofo�izeT�(.f)�� 'r i iwar �im �o�9�e��.�i�1s��'corqtti(J�� anti That Paid instrument teas stgntd and Pealed in behalf of said anon bit authority of iter$oard: of......il.�.,�...:T..T..'.:1....tht.:»','.1^xt................and said....i . p��inTr;�p............... ri » » aoknou�ledi+sd said inOmment th to be e free not and deed of Paid ri n„ .i a A qr; ^7 ?; ^itmnnd !e .. JYotarl/ Ptcbllo........................................................................County, .�Ilnn. d!y oomrnisston a�•pirce................................................................... 18.,,.......... t[c"* t t:ILEEN M. SPSAR `-_�h;f COlr,n�lncr F1An. 4. t0e2 1159647I Form No. 7-fll. 5 `'? ' "' St}rlar.parra SA. ►uan.,/am, 111m Corporallen to hdialdul, a'lil&..d >�S•ti+-)T7 litlaarmta Unl eon Cenraf►ndna sranb 11111). 1154647 bt,q ftenture, Made thie.............'t.�'a...,...........__.............day aj..............October,...,......,.,........,., 19_ZS...., between J. P. Riedel and Company, a partnership consisting of John P. Riedel, 0. B. Gilbertson, Arnold G. Gilbertson and Charles M. Spear a 9V*U=Andcr the laws of tie State of.....,.,8tinnea o.ta,,,,,,,,,,,,,,,,,,,,..,,.Fill .,..,I.,..., party of the flrst part, and p .Vincent Ke Burnhart of the County of........................Hennepin.........,..,,.,,....,.....,.._..,...and State of..,.........htinnesata..........t................_. part...y....,_..,:.of the ascend part, M WiM90 1t), Thad the said party of the first part, ire conaidaraEton of the SUM or 0ae...duller..and..other..xalsable...cxtzlaidsrati�ct,,.-...-...OF IF... -,. Solo ._.-...so Solo....ANSI I to It in hand paid by the said part.7...:...........Of the Second part, the rtoeipt whereof is hereby acknowledged, 3 does hereby Grant, Bar4ain, Sell, and Convey unto the said part. y..,,._.......of the second parE,...•.,hie............. heirs and assigns, Forever, all the tnaat............or paroel......•.,..of land lying and being in the County of 4 • -.ltenne. in..,.... ,.....:.................. .and States of Minnesota, described as follows, tool gJ.:.3� .. p Lot 4, Block 1, Riedel Company Stubbs Bay Addition, according to the plat thereof on file V or of record In the office of the Registrar of Titlea in and for said Hennepin County, GV�n=4 ether with an easement for the exclusive benefit of the owners of aaid.Lot 4, Block bel Company Stu beBayAddition for ingress to and agrees from Stubbs Bay and the n and maintainenoe of one small,Qr vatsontl"overthe}oTlow`inA�esoiibed�nppyl - ...4.-, ...� The West 1/2 of Lot 10 Block 39 Bay View Park, according to the recorded plat thereof, which lies Southerly Sets a line 33 feet Southerly of,, measured at right angles to i 'parallel with, a line hereinafter referred to as "Line A", said "Line A" bet1mg described' ''as follows! Commencing at the Northeast corner of the Northwest quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian= thence South along the Eaet:line of eaid Northwest quarter a distance of•1400.28 Posts thence deflecting left 64 M %dpgrees 30 minutes a distance of 143.32 feet to the point of beginning of said "Line h A"i thence deflecting right 180 degrees along said "Line All a distance of 100 feet{ thence along a tangential curve to the left having a radius of 500 feet and central -angle of 22 degrees 30 minutes a distance of 196.35 feet, thence Westerly tangent to said curve to the West line of the Northeast quarter of the Southeast quarter of said Northwest quarter, and there ending. Subject to a SCENIC EASEMENT in favor of the City of Orono by Quit Claim Deed dat .:Tune 3, 1975 and filed July 2, 1975 as Doc. No. 11444640 Grantee agrees to pay 1/2 of the yearly real estate taxes on Lot 19 Block 31 Bay View Park. Subject to utility easement as shown on the Plat. ' Tea Iflable atlb to Wlb the 9pnine, Together with all the heroditaments and. apppurtenances theron.nto belonging, or in anylutae appertaining, to the said part..x............oj the second part,......h R..,..._.............heira and assigns, Forever. 2ndthe rc.RAAR.wily+,.B,,,R.tta<uar.AtliR...9p14ejsting.of,_John.,P. Riedel.,...0...,.B�...Gillaerxsan,...Arnold...li.....Gilbertaan..and Qbarlea..Jr1.._.Spaax...._..................................................... party of the first part, for itself and its successors, does covenant with the said part...Y.............of the second part,......,.h39...,........heirs and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and. form aforesaid, and that the same are free from all inoumbraneaa......except...as...ahaxe...staxad...................................................... _.....,........,.....,......., Tax Statements for Real Property described herein, Lot'4, Block 11 Riedel Company Stubbs Bay Addition,should be sent to Vincent K. Burnhart, 2022 Lake Rd, Wayzata, Mn. 55391 • State deed.tiul,due hereon $38.50 dlnd the about bargained and granted lands and premfSea, En the quiet arad peaceable poaaeeaion of the said par•E..,,y..........of the Second part,........h3.6.,..,.hatre and assigns, against all persona lawfully rlalming or to claim the whole or any part thereof, subfeot to lneambrancee, if any, hensinbeforo mentioned, tho said party of the first part will Warrant and Defend, 3111 >Etgtiutoltp Mi)tttct, Thepsaid„ �n JJ??arty Tole oatased these prrwanta to be ell In its Rtt`hte by3(t�...one ..p£... Is 115469"7 tAte ofiittite�ota, 1( County af....H dnXlltF� n.............................age .............a (aa. On Heir,. 'Frd..,.»,..,.,..».,.»,,,..day of,.».,...,�FPbgx................................»»,.,,,....,.......,, X8..7.�., before me, I'"..................SIR,tsry....�'e.�11149.,...._..,.,...........»............,.,...._..,.».,......,........within and for said County personally appeared .,..,.....Qklt rlo.a.,xs,..a`1,. va"I......,.......................................................»,..,.._,,,,..,,..»,»,..,,•,......»,,,,.......................................,.,».......,.,..»,:,.,.;;...,.,.,.. to Tne person ally knotun,. who, being uaoixby me duly s<aorn.......hs.............:..thd ady t oft 14 �c the oen 1!i ned an the foregoing instrument, and that tk n y txTi�A W said instrument was signed and sealed in behalf of raid $d lwriEy of W)ibmnd ayfcall...ot..,the...paxtners................._.and saki.,......,..,,.._...Cherlea..ld.:_Sgesr....,,,,,....,,,.....,,.......,............_.._....,....,.,......�mmd abbe .•„•.,,,,»»»,.....,.,...»..,.,......,..............._....................._aoknowiectged said tnrtrumen8 to be ttw free sot and deed of said ardWwwdim. Partnership. Notarp Public:..:,,....:.:.............»,,......:.....,.....,,.........,:.......:....County, dtinn. Myoolnm£sston expiree,,...».....................».,.,,.,.,.,,.,,,,.....»,..,,,,. ,,,.18,.».,,,.». This Instrument was drafted by Charles M. Spear, attorney at Law 5037 Richmond Dr. FAina, Mn. 55436 s 1 EtLEEN 1 &13EAti NENN/:PIN COUNTY NOTANY Hu®��C.MINN88gTA NY a0y MI0�lOM dp1At�' MAR. 4. 16�8 , ' Was iQ ag asMo seesaw ag— Sea LQ c tr fl lu C�ease 0 g' Z ti.:r f j WIL 4N o•.or U $Ai taboo ...:f 1,• p C it JMe so IV �s.c z Post se, as Ve 04 1a 1 ;^ q ages _ c i s j V .I N.v s s t W � 4 Pip 0 T to er Not %.� tl.o�.;174 ., W i w i*1 1�.N 8 V Werragtry Deed. _ ,,,_____,__ W :r Migrr•D4vh Cn•• Minne,aoli. 1�L55�08 Jlfade thin. hertson, Arnold G. Gilbertson and of rho Co:cnty of.......#tenAdAirl.................................•..,...._,.and State of......Mitlnea.Q.tg........,.....................,.......,....., part.Y......,. o} 110 first part, ant;-Joktn...G......'idgeRn..and...Maltti .ell...1!5,... ?41t;sop.,_.hue snd...and.w#1ge............. _....... ...................... PCs ................................................. poll .lot ........................... ad. ......................... *told ...................._.... Its* oil ... ... ...., of the County of .......... .Hennepin...................................and State o}......,........M7 Xuts6.G.ta...................._, , parties of the second part, Q211ItteSgelTJ, ?'hat tlw said art.Y..•••,•, f ilea first part, in owtaicicr¢tlon of tlw sum of......r.//r •Qna•,•dollar and other valuable oonsi�erat on - - - _ _ .... _ _ _ _ _ _ _ lbw ..................................................•...............................,,..,....,...,...,....,..,.............ov...................,.........,.•......,.............,......—......a ���i�, Eo.....•...., t.............I....tn hand paid by t)w said parties of the second part, the receipt whereof is horel+y aolonowl- cdecd, do.._8e.., hereby Grant, Bargain, Sell, and Convey unto the said parties of the second part as joint tonaatte and not as tenants in conunwn, their assigns, 17w survivor of said parties, and tho ]wire and . asatgne of the sutvtvor, Forever, all the tract...... or parcel....,• of land lying and beine in the County of •}tennep„ n„ • and State of Atinnesolog, descr•lbed as follows, to -wit: That part of the following described property+ Lot 160 Block 3, Bay View Park, according to the recorded plat thereof which lies Southerly of a line 33 feet Southerly of, measured at right tingles to and parallel with, a line hereinafter referred to as "Line A", said "Line A" being described as followat Commencing at the Northeest corner of the Northwest quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian, thence South along the East line of said Northwest quarter a distance of l400a28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "Line All; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet, thence Westerly tangent to said curve to the Weat line of the Northeast quarter of the Southeast quarter of said Northwest quarter, and there ending. Subject to a SCENIC EASDWNT in favor of the City of Orono by quit Claim Deed dated June 3t 1975 and filed in the office of the Registrar of Titles on July 2, 1975 as Doc. No. 11444e3 • � : 44 AS ,ral Reserving to the grantors herein, their heirs and assigns, easement for ingress to and a ese from_Sttmbba Bay andSo II the erection and maParinta enoe ofo•one small, private dock arz thef put 1�2,pf that..p�a�' t of Lot 16, Block 3, Ball ay View Paskt above described. This eaaeuiant erhall run with`' 4"S?ii n1`-'and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto and is for the exclusive benefit of the owners of Lot 3, Block 1, Riedel Company Stubbs Bay Addition. Tax Statements for Real Property property described herein Shall be sent to John G. Pidgeon, 10912 Glen Wilding Lane „Aloomington, 14n. 55431 go Jf)abe anb to fbslD tie dame, 2'ogstlew• with all the hereditantents and appwrtcnanaea t)wtro- twtto bctongiug a• in anywise appertaining, to t1w caul parties of tlw second part, their assigns, tlw eur- vlvor of said parties, and tlw heirs and assigns of the stmoutuor, forever, the said parties of tlw second part talking as joint tenants and not as tenants in common. ✓4nd tiw said..J.....P....Riedel...and...Company.,..e,.partnexahip.,.conainting...af...J.ohn...P.....Riada.l,r. 0. park!._...,., of the fir.4G part, toil. ..itselT,,,•.,its•.•eucccseora &ems, �SBbF,fa'i�s ZEiE2lyCiFi4Tdit�fiWbi4�ixs dose...... couenaat wilh rho said parlles o} tha second part, +leak• assigns, tha survivor of said parties, and the hairs and assigns of tlw stcruivor, Elcat........i e................iuell aeixd in fCb of Elw lands and premises aforeeaitl atul 7ta•8..._.... good right to sell anti convey the eanw in manner and form• aforesaid, and that tJw same art, f lea front all irrountbrerwes, except as above Stated. State deed tax due hereon 82.20 ✓]nd the aboua bm•gaiued and granted lauds and promises, to the quirt and peacaabio posresslon of the snit]. parties of the second part, ;heir assigns, the atcruivor of said pariiea, and the hairs a.otd assigns of tTw aurvlvor, against aIl. persons lawfully alntntircg or to olai�n the wTwlc or any part thereof, atcbjeot to lncumbrances, if any, hereinbafore montioncd, tlw Bald party......... of the first part will TV'arrant and 1)ofend. 3311 Ze9ti11ony Woereo#, T/w•said partyy...... of the first part hoe.•••.._ )terounto sct..i.ta..........._,....... haul...... the day and year fla•st abate written.IN'S to ..J......P,...Hi. e1.. Comps y..........•......................................... Chsrlse M:...B'pAar..._.. .4"CYieY..all ........._.................... a.a A4h n:, rjt i. 1 J 0) r) 0 awtate Ot Ittinut0ta t Coanty oj......states He?1?wpU}........................................et \ The jurcaoen.�r iNYtr76nuiitt was acknoralullgcd Lajure inu thh4....£our.tit .............................. dam oj.........October JA.. S.........By.....:} q;rAvR.,Ma.. SReare...one...of the....P.,artnexe...Rf .... J. P. Riedel and Company, the partnership named in the THIS INSTRUMENT WAS DRAFTED BY foregoing instrument. • dhan'�ae_.�4pgar� At,i•�t.na�n+ i.aq � .............................. ..... ................_.... ........................_ �if1�,1,r, Rinh_.on�3' (Nome) ,/.Q %*11 �r.S.f�',.za,rJ, �•'� ��F^.� / ........... ...... ............. ��IIAsa _55456 (Addmr) N }i%gvEILE¢EN MC . 8F'EAFt NENNCPINOUNTY NOTARY PUBLIC.MINNenoT ' ilY COMNIt010N L%►IAtt MA8.4. Ieea \q ^raw.•` N A � ? � � � � r � a 1i �tow S °s v� i!rti Ei IG ! o sea etno b1wE`1 i Department Approval: Name Jeremy Barnhart REQUEST FOR COUNCIL ACTION Administrator Reviewed: DATE: 23 November, 2015 ITEM NO: 11 Agenda Section: Planning Department Report Title Community Development Director Item Description: Consider disposal of Tax Forfeited Property (PID 05-117-23-24-0117 and 0118) List of Exhibits A. Aerial photo B. Letter of request C. Deed acquiring the land D. Comprehensive Plan Appendix 4&1 E. Analysis of the lake access, dated September 13, 2010 Purpose. Provide direction regarding the disposal of city property. LC 14L U/r �� r( I ( kq 14 '44M �,v1 �1 or ►S FIAA 7 Background. Jacob Barkley owns 3640 Bayside Road on the north side of Bayside Road as well as two small parcels south of Bayside, north of Stubbs Bay (the parcels in red in the attached aerial photo). The western most parcel includes easements that allow docks for the 4 lots within the Reidel Stubbs Bay addition, of which Mr. Barkley owns one lot. Owner PID Size (sgft) Barkley 05417-23-24-0023 1 Barkley 05-117-23-24-0122 617 City 05-117-23-24-0118 615 City 05-117-23-24-0117 31598 The city owns two parcels south of Bayside Road, outlined in yellow. These two parcels were acquired through the tax forfeiture process in April of 1979. Mr. Barkley has requested the city dispose of these parcels. Should he be successful in acquiring the property, ownership would be consolidated with his two parcels. Mr. Barkley is also expected to request a vacation of Park Street should the Council agree to dispose of the property. It appears the parcels were acquired in 1979 for park and recreation uses, primarily to maintain public access to the lake. The subject parcel is listed in the Comprehensive Plan as a Lake Minnetonka access point, not opened for public use. Public access in this area is provided through the southern extension of Stubbs Bay Road South, about 115 feet to the east. The Copmprehensive plan does not suggest further use for the Wwroo 4<tyarcels. "V4d4*4j Staff supports the disposal request as access is provided via Stubbs Bay Road, and the remaining benefit to the city is negligible. It seems as though the city would benefit more for the parcels being privately owned. The Council should direct staff to pursue disposal of the property if it finds that the parcels are not nor anticipated to be needed by the city. Formal disposal will require action by the City Council. COUNCIL ACTION REQUESTED: Staff requests direction as to whether or not to pursue disposal of two city owned parcels (05417-23-24- 0017 and 0118) in O k {)\� ` 1;7�0 vmam •�I �/ ���� . / V, .`f . / [ Melanie Thank you far your time on the phone this morning. As requested, please accept this email as a formal application to purchase two parcels of land that are owned by the city and are adjacent to two parcels of land that I currently own. Our residence is located at PIl7 OS-117-23-21-0011 I and the two parcels that I own are OS-1 I7- 23-24-0122 and 05417-23-24-0023. The two parcels that we would like to purchase from the city are 05417-23-24-0118 and 05-117-23-24-0117. Please see attached screen shots that identify the parcels with an aerial view and P1D #. We have researched the deed documents for 0118 {LOT 2 BLOCK 3 Bay View Park) and 0117 (LOT 15 BLOCK 1 Bay View Park) and the statute regarding re -sale of properties, and believe that it would be legal for the city to sell these parcels. Please see the deed and an image of an excerpt from the state statute attached. I believe that this purchase of these parcels would clear up some issues regarding lake usage and dock -age in regards to existing easements and historical usage. Also, of course we could continue to maintain the property that the former owner took care of for over 40 years. Please let me know if there is an application fee or escrow for the city's attorney to consider this matter and when we can look forward to a decision. We would like to be considered the only viable buyer for these two parcels since we are the only adjacent landowner. we would like to pursue this purchase as the only possible buyer for these parcels since we are looking to untangle an already complicated situation. If this is not going to be the case, please let me know so I can retract this request. If that is the case, I would like to pursue other avenues such as an easement to clarify the situation. Please let me know if I can be of further assistance. Jake Barkley 612.5984'V"o Council Exhibit C i 103 nnrE nF Nnu��snrA DEPAfMMIT OF REVENUE C09VEYANCE OF FORFEITED LNIUS tsa3 Issued pursuant to Kimresota Statutes. Section 282.01, Subdivision 1. IRIS IRDETiTDPE, trade this 13th day Of April, 197g, between the State Of Himbsota as party of the first part, and The City of Orono, a governmental Subdivision. as party of the second part, IMMSSETHt NNEREAS, the land hereinafter described %ins duly forfeited to thr 5t;te of tilmesnta for thn nonpayment of taxes, ard. HREREAS, Pursuant to Hinnesote Statutes, Section 202.01s Subdivision 1 the party of the second part has epplied to the Comissionar of Revenue for the Conveyance o lands bereinafte described to be used by it exclusively for park and recreation, and. RNEREAS the Board of County Cosnissioners Of the County of Hannepin■ State of Minnesota has reaoarrndad to the COlnetssioner of Revenue by resolution adopted on the 6th day of February, 1979, that such conveyance be i de, suMect to the conditions hereinafter cads, NOW THEREFORE, The State of Minnesota, pursuant to said laws and in consideration of the prenises, does hereby 'rant, bargain. sell and convey unsay the party of the second Dart, forever, all the tracts orpe reels of land tying and being in the County of Hererepin, State 0 € Minnesota.•described as follows, t"ite Block 4 Let 4, Block 7 Baldur Park Crystal ggeayy Vim i 36-4186D-58D0 384216D41150ro? licTT Lottt 1lto 15 IWO` Lot it Block 7 Crystal Bay View i Bey Viou Part: 38-4211104900 ►�� 38-41920-LOD to 1507 " `Lot 3, Block 5 , BLoltskl2 0 15 Incl. Forest Lake Park B1l ` Park Bay Vim Park ....,. _ 38-41920-1700 to 3100 Lot 4, Block 5 Forest Lake park, Lots 2 to 15 Incl. 3E-42?E0-5040 Block 3 Say View Perk Lot S. Block 5 38-419204M to 4600 Forest Lake Park 384226065209 i ` Lots I to 1S incl. Block 1: Let 67 Bay View Park Highuo0d, Lake Minnetonka d 30-41920-4800 to 62M 38-42300mWOO 1 Lots 3 to 13 incl. Block 5 Bay View Park 38.41920-6500 to 7S00 LOUk16to 16 Intl. Bay View Park 38 4192D-7n00 to 930D TO H.'1VE AND TO HOLD THE SAME, togothor with all the hereditanients sad appurtanances thoreunto belonging or in anywtse eppertainin0, to the said party of the second part so long as it shell continue to use said land for the purposes aforesaid, and upon cnnditioa that it such use shalt tease said land shall revert to the party of the first part as providod by law. NO Dead Tax will be payahle on this tonvonnce. 103 % F ttl TESTT:�ifr u�ReroF, rhr. Stake o Qee[! M executed in ?ts rum {n tba and year fist above writtor:. STATE 9F P1[HRESOTA) ss. County of Ramsey day f !'frm.s lts, party of the firg; ,P.,rZ, gas causer! t!tt� C{tv Of St. Paul, Ramsey COII)t!'. !'ina"srYa, tho day STATE 9F FIt9HES�TA CLr M E. ALLEH, JR* folmnissioner of Revenue FIN On this 13th of April t979. before me personally appeared OEIEitS J. ERrio. Assistant commiOil ianar of Raceme o� the State of ttimesota, to ae knUM to be the persoe Who executed the forMing MVRYance in behalf of the State of litonesota, and acknowledged that he executed the same as the free act and deed of said state punuw to the statutes in such ease wade and provided. tNIS IN9TRU:1EIiY 1,AS ORAFTGO BY THE CCMMISSIONCR OF REVHNUE STATE OF WNNCWIA DEPARTMENT OF RGVENUE ST. PAULI MINNESOTA 55145 I spa s 7uuaWaaNtM' -., MfAiGNt[NRIS lblur KSkc. LYaf ol, .,mu. �/ ean.oc�ul+l{.iM.M 1A�tRflitrWrtr.NNi 0 l� d �IMNb alfall be ar ele7tt io: A STATE 9F FIt9HES�TA CLr M E. ALLEH, JR* folmnissioner of Revenue FIN On this 13th of April t979. before me personally appeared OEIEitS J. ERrio. Assistant commiOil ianar of Raceme o� the State of ttimesota, to ae knUM to be the persoe Who executed the forMing MVRYance in behalf of the State of litonesota, and acknowledged that he executed the same as the free act and deed of said state punuw to the statutes in such ease wade and provided. tNIS IN9TRU:1EIiY 1,AS ORAFTGO BY THE CCMMISSIONCR OF REVHNUE STATE OF WNNCWIA DEPARTMENT OF RGVENUE ST. PAULI MINNESOTA 55145 I spa s 7uuaWaaNtM' -., MfAiGNt[NRIS lblur KSkc. LYaf ol, .,mu. �/ ean.oc�ul+l{.iM.M 1A�tRflitrWrtr.NNi 0 l� d �IMNb alfall be ar ele7tt io: A a Tumsg� uEac. 44 3 3 1,56 53 Tax itlyencros N'.4 o:,f foal : � ... /Y �nnc+l;' d•�:r,r.i� 'n tea:. ,' �er�/�� ��d �{fNhtll7 8:4 ;:t'9 �l: �•_n; ' The Mr/ of 6rane ll��� .•t? 13 4 33 C%Nwlrato Mum, AM VAT" p4lott ISMUK 25 AN at a3 REC FEE. COPY FEE� �i N N N r-• N o w �D �+ oo r+ .1 � 0� w v� � �I O w .A r+ w ►+ N � �-� r+ d � 1p �,. cr rA to 0 cje oA oA oo � fn w 7 Z Z Z Z Z CAcn W rA �... bi .-.-. w 0* �; c a `' v % 00 to o c o r e° la AWo A �E .i Inc LA o o A S CNT W �D rA oo w W �W v i► ,A �o OD �o W �s yn v �Ca� w t--1 Q a: an cis 33O wMA yr° .O ' vi a ✓ FA qq cr 0 0 j0,110 W a Cr < m .d � ,°° a A s. m .� c p r WO $, ~ � � � to •�.1 %L � � Yn �► � �- � ` j cr �,• A C ... ' C �p W R i "d p' Pa FA '. o c �k o � ° •, � eo 0 a c o . � to gr o P ok I a o. v A O y Wo p p p D � Council Exhibit To: Street Files: 3620 Eileen Street (Lot 4, Bl. 1, Reidel Stubbs Bay Addition) 3625 Eileen Street (Lot 2, Bl. 1, Reidel Stubbs Bay Addition) 3630 Eileen Street (Lot 3, Bl. 1, Reidel Stubbs Bay Addition) 3640 Bayside Road (Lot 1, Bl. 1, Reidel Stubbs Bay Addition) From: Mike Gaffron, Asst. City Administrator Date, September 13, 2010 Subject: Status of Lake Access for the Above Properties A number of questions have been raised recently regarding the status of lake access and the ability to construct individual docks to serve the above four properties. These questions initially surfaced with regards to the Pidgeon property at 3625 Eileen Street, and have risen again regarding the potential sale of 3620 Eileen Street. Four building lots were created with the Reidel Stubbs Bay Addition in 1975. None of those Lots abut the lakeshore - they are entirely north of Bayside Road. The subdivider also owned some small strips of land abutting the lakeshore on the south side of Bayside Road. The subdivider gained City approval in 1975 to allow each of the 4 building lots to have a small individual dock on four defined portions of the lakeshore strips, subject to granting a Scenic Easement to the City over those strips (Doc. #s 1144483 and 1144484) that "limits the improvements on said premises to the erection of two small, inconspicuous, private (not multiple) docks to be used for the usual d normal fishing, swimming(sic) anand docking purposes and for the exclusive benefit of the owners of Lots (1-2-34) Block 1, Riedel Company's Stubbs Bay Addition. No vehicular parking shall be allowed on said premises, no signs or billboards except small signs not exceeding in dimensions 2 feet by 3 feet indicating said docks and premises to be private property. The erection of said docks to be subject to and in compliance with any requirements of the City of Orono." (Text is from #1144484; text of #1144483 is assumed to be similar or identical) The Lakeshore strip in question contains the portions of Lot 16, Block 1, Bayview Park and Lots 1 and 16, Block 3, Bayview Park, that are south of the Hennepin County plat of Bayside Road. Lot 16 Bl. 1 (05-117-23 24 0023) and Lot 1 Bl. 3 (05417=23 24 0122) are owned by Jane Olson of 3640 Bayside Road. Lot 16, Bl. 3 (05417-23 24 0123) is owned by Magdalen M. Pidgeon Trustee of 3625 Eileen Street. Doc, 41154647 grants an easement in favor of 3620 Eileen Street (Lot 4, Riedel Addition) over the west lr'2 of Lot 1, Block 3, Bayview Park, for "ingress to and egress from Stubbs Bay and the erection and maintenance of one small, private dock". It also states that grantee agrees to pay 1/2 of the yearly real estate taxes on said Lot 1, Block 3. Doc. #1155208 grants an identical easement in favor of 3634 Eileen Street {Lot 3, Riedel Addition} over the west 1/2 of Lot 16, $lack 3,13ayv0 ew Park; but does not address who pays the taxes. Based on the above, it would be reasonable to conclude that at least from the City of Orono perspective, each of the four homestead lots within the Riedel Addition has the right to have a small dock extending from their defined portions of the lakeshore south of Bayside Road. However, these dock rights are also subject to compliance with Lake Minnetonka Conservation District (LMCD) rules and regulations, and if LMCD regulations do not allow docks, the LMCD regulations must be adhered to.