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EDA 1 1 V1*6 REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 1-12-04 EDA Item No. By: Kirk McDonald, Director of CD & Ken Doresky, CD Specialist By: vk, 5 I RESOLUTION APPROVING PURCHASE AGREEMENT AND RELOCATION BENEFITS 7605 BASS LAKE ROAD (IMPROVEMENT PROJECT FILE 758) REQUESTED ACTION Staff recommends EDA approval of a resolution prepared by the city attorney approving the purchase of property located at 7605 Bass Lake Road for it's appraised value of $158,000 and forthcoming relocation estimate (underway). The purchase agreement is expected to be executed by the property owner by the time of tonight's meeting. Krass Monroe, the city financial/redevelopment consultant recommends that the EDA now consider acquisitions of this type, instead of the City Council. As directed by the Council at the November 3, 2003, Work Session, staff will coordinate with Evergreen Land Services, the city's relocation consultant for payment of relocation benefits to all remaining sellers in the East Winnetka Livable Communities Area. The city's purchase offer will now consist of the appraised value and a relocation payment determined by the city's relocation consultant. The relocation estimate for this property is underway. The relocation payment for this property will consist only of moving expenses and closing costs for their new property. No differential payment will be awarded due to the fact that the owners purchased a property for less than the city's purchase price for the subject property. Staff informed the owners of the circumstance, but they wished to proceed with the acquisition as outlined. POLICY/PAST PRACTICE City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within the city. The City Council has been addressing the residential portion of this goal through the city's many housing activities, including acquiring property in areas designated for redevelopment in the Comprehensive Plan. BACKGROUND At the November 3, 2003 Work Session, the Council directed staff to obtain appraisals of the remaining properties located in the East Winnetka Livable Communities area and to make offers including relocation benefits to the owners. In December 2003, the owners of the subject property agreed to have an appraisal completed of their property. On December 30, staff, the city attorney and the city's relocation consultant met with the owners. The owners accepted the city's offer. The property is located within the Livable Communities East Winnetka Study Area and in Planning District 6. MOTION BY SECOND BY TO: Iq /6 "1 1:\RFA\PLANNING\Housin2\7605\Q — 7605 Purchase A2reement.doc Request for Action Page 2 1 -12 -04 Staff recommends approval of the attached resolution. FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds would be used for property acquisition, relocation and associated holding costs. During the 2003 State Legislative Special Session, the city's TIF special legislation was passed. In December 2003, the district was approved by the City Council. ATTACHMENTS • Resolution • City Attorney Correspondence, 1 -5 -04 • Purchase Agreement • Appraisal • Location Map • Hennepin County Parcel Data 7) Miller /Davis Co., St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT I PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT ® Copyright 1996, 1997, 2002 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. 1 1. PARTIES. This Purchase Agreement is made on 2004 by and between 2 Matthias Man and Myma C Hilg rs husband an�. joint tenants 3 of [seller's address] 7605 Bass Take Road New Hone Minnesota 55428 SELLER, and 4 the City of New Hope a Minnesota municipal corporation =MOXW AX n 5 [buyer's address) 4404 Xylon Avenue North New Hope Minnesota 55428 BUYER. 6 7 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: 8 Tracts A and B Registered Tand Survey No. 849 Files of Regidtrar of Titles, rou Hennepin Certificate of Title inn 406625 9 10 11 [Property Tax Identification Number or Tax Parcel Number _ 05- 118 -21 -11 -0088 ) 12 13 located at 7605 Bass I ake Road , City of New Hone , 14 County of H�nin , State ofMinnesota, Zip Code 5542R 15 16 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other 17 party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on [date] 2004 18 and in such event all earnest money shall be refunded to Buyer. 19 20 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller 21 and currently located on the real property are included in this sale [Strike out items not included].- garden bulbs, plants, shrubs, trees, storm 22 windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain - traverse - drapery rods, attached lighting fixtures with 23 bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built -in 24 humidifiers, built -in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, 25 water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, 26 installed carpeting, work benches, security systems, and also the following property: 27 28 29 Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the following 30 provision applies to this Purchase Agreement:J Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 31 32 S. PRICE AND TERMS. The price for the real and personal property included in this sale is One Hundred Fifty-Fight Thousand and 00 /100 33 34 Dollars (S 000.00 ), which Buyer shall pay as follows: 35 36 Earnest money of S 0.00 by VCXXX ICKK)K, XXXE - state which] payable to 37 [select one:] 38 Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, 39 Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, 40 Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, 41 H Other [describe how the earnest money will be held) 42 43 receipt of which is hereby acknowledged and $ 158-000 00 cash, on the DATE OF CLOSING, and 44 the balance of $ 0.00 by financing as shown on the attached Financing Addendum. 45 46 6. DEEDIMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined 47 in by spouse, if any, conveying marketable title of record, subject to: 48 A.Building and zoning laws, ordinances, state and federal regulations; 49 B. Restrictions relating to use or improvement of the real property without effective forfeiture provisions; 50 C. Reservation of any mineral rights by the State of Minnesota; 51 D. Utility and drainage easements which do not interfere with existing improvements; 52 E. Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer 53 in this Purchase Agreement [must be specified in writing].' 54 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro - 55 rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. 56 If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be_% of the prior year's taxes, 57 and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER I X*MXX MXJl?AKXK0V*X * 58 T] iKXIK)L- VXXXXJ6XXTE]IIDEXXXPDW000MXXXK (in which case the party entitled to a credit as a result of the adjustment shall receive 59 the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and 60 payable in the year(s) 2004 will be FULL,RXKr,RMN - homestead classification, unless Buyer changes the tax classification for taxes 61 payable in the year following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration 62 within the time required by law. If the taxes due and payable in the year of closing are PART or NON - homestead classification, Seller shall 63 pay to Buyer at closing $ , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year 64 following closing are PART or NON - homestead classification and the closing takes place after the date by which Buyer must take possession 65 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at 66 closing S as Seller's share of such taxes. 67 68 [Strike one:) KMKXKMXMXMXSHCKXIU (MKXK)OXXKIKKXDOOE70 NNXKX / SELLER SHALL PAY ON DATE OF CLOSING 69 all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 70 [Strike one:) XK3G0G10Ul1KJ0G= / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 71 date of this Purchase Agreement. 72 [Strike one:] Y X / SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of 73 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 74 provision for payment shall be by payment into escrow of 1 -112 times the estimated amount of the assessments.) As of the date of this 75 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any 76 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes 77 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 78 A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or, 79 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commen- 80 surate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; 81 C. or Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. Miller /Davis Co„ St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 2 82 [Strike one.] / SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green 83 Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a xesult of the closing of this sale. 84 Buyer shall pay real estate taxes due and payable in the year following closing,and thereafter and any unpaid special assessments payable 85 therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of 86 future real estate taxes or of future special assessments. 87 88 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate 89 and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, 90 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 91 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 92 93 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the 94 boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there 95 has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any 96 restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 97 98 10. CONDITION OF PROPERTY. 99 100 A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, 101 and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall 102 remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no 103 knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. 104 105 B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by 106 any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except 107 as follows: 108 109 110 111 112 C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. Any 113 action based upon these warranties and representations must be commenced within two years after the date on which the buyer 114 closed on the purchase of the real property. 115 116 D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending 117 regulations, Seller does not plan to have the property inspected. 118 119 E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a 120 written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive the 121 written disclosure requirements [see (3) below]. 122 123 Minnesota Statutes Section 513.57, Subd. 2. HABILITY. A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was 124 aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and 125 recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years 126 after the date on which the prospective buyer closed the purchase or transfer of the real property. 127 128 [Select only one of these three: 129 ❑ (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct in 130 writing any inaccuracies in the disclosure as soon as reasonably possible before closing. 131 132 Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. 133 Subdivision 1. CONTENTS. 134 (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The 135 disclosure must include all material facts pertaining to adverse physical conditions in the property of whtich the seller is aware that could adversely 136 and significantly affect: 137 (1) an ordinary buyer's use and enjoyment of the property; or, 138 (2) any intended use of the property of which the seller is aware. 139 (b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure. 140 141 Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. 142 Subdivision 1. NOTICE. A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the th 143 seller learns at the seller's disclosure required by section 513.55 was inaccurate. 144 Subdivision 2. FAILURE TO NOTIFY; LIABILITY. A seller who fails to notify the prospective buyer of any amendments to the initial disclosure 145 required under subdivision 1 is liable to the prospective buyer as provided in section 513.57. 146 147 (2) Inspection Report. Buyer has received an inspection report by a qualified third -party. If a copy of the inspection report is provided to 148 Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. 149 150 Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. 151 (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real ro 152 report that discloses the information has been prepared by a qualified third a P Pent' if a written 153 paragraph, "qualified third party and provided to the prospective buyer. For purposes of this 154 party" means afederal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or invest gation that has been 155 conducted by the third party in order to prepare the written report. 156 (b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under 157 paragraph (a) if a copy of the report is provided to the seller. 156 159 (3) Waiver of Disclosure. 160 161 Minnesota Statutes Section 513.60. WAIVER. The written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the 162 prospective buyer agree in writing. Waiver of the disclosure required under sections 513.52 to 513.60 does not waive, l nit, or abridge any obligation 163 for seller disclosure created by any other law. 164 165 Seller and Buyer waive the written disclosure required under sections 513.52 to 513.60. 166 167 168 SELLER rt 1� BUYER 169 Matthias Hilgers W. Peter E ck, Ma or, City f New Hope 170 171 172 SELLER _L/)/Yt -�- L. IhL���RJt/.LJ BUYER: 173 Myrna Q. Hilgers anie] 7. Don ue, City Manager, City of New Hope Miller /Davis Co., St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 3 174 Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied 175 representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. 176 (This paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 177 178 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or 179 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any 180 person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, 181 condemnation, special taxing district, or rezoning proceedings. 182 183 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the 164 municipality in which the real property is located. 185 186 13. POSSESSION. Seller shall deliver possession of the property not later than rhf date s of closing. All interest, fuel oil, liquid petroleum 188 gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of the date of closing 189 190 hase 191 `far tcies 192 rcXx tt 0n 193 '>ZX loess 194 \YKh 195 have 196 7==========XXX utory 197 XKn0Qa3QWGM. *SEE ADDITIONAL TERMS title 198 199 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's wrilimi title objections to make title 200 marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notif. Bever of Seller's intention to make 201 title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be 04 used by payment or escrow from 202 proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, dilige7 and prompt. Pending correction of 203 title, all payments required herein and the closing shall be postponed. - 205 A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lew w of documentation establishing 206 that title has been made marketable, and if not objected to in the same time and manner as the origa, it title objections, the closing shall 207 take place within ten (10) business days or on the scheduled closing date, whichever is later. 208 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day pew expires without title being made 209 marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall j .. Guble for damages hereunder to 210 the other, and earnest money shall be refunded to Buyer. 211 C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 drw period expires without title being 212 made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 213 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 214 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) she be 215 limited to the cost of curing objections to title, and consequential damages are excluded); or 216 (b) Undertake proceedings to correct the objections to title; 217 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and 218 all earnest money paid shall be refunded to Buyer; 219 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 220 4. Specific performance within six months after such right of action arises. 221 D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect 222 either of the following options, as permitted by law: 223 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention 224 that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 225 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted bylaw. 226 E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 227 1. Seek damages from Seiler including costs and reasonable lawyer's fees; 228 2. Seek specific performance within six months after such right of action arises. 229 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 230 above and, if mailed, are effective as of the date of mailing. 231 232 17. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision 233 expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has 234 been or will be approved for recording as of the Date of Closing. 235 236 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 237 238 19. WELL DISCLOSURE. !Check one of the following:] 238 Seller certifies that Seller does not know of any wells on the real property. 240 Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 241 242 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 243 lCheck either A or B:] 244 A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency 245 (for example, a city or municipal sewer system!. 246 B. Seiler certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control 247 Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 248 [Check either C or D.] 249 _NL C. Seller does not know if there is an abandoned individual sewage treatment system on the property. 250 _ D. Seller knows that there [strike one.-] are / are no abandoned individual sewage treatment systems on the property If Seller 251 discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires 252 that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System 253 with map completed] 254 21. LEAD PAINT DISCLOSURE. !Check one of the following:-] 255 Seller represents that the dwelling was constructed on the real property in 1978 or later. 256 IZ Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real prop - 257 erty, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 256 259 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if 260 any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these 261 concerns, Buyer might want to include Seller's disclosures regarding these concerns. [Check the box if the following provision ADDENDUM applies to this Purchase Agreement:] El 262 TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997), is 263 included as an addendum to this Purchase Agreement. 264 265 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing 266 and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 -M, or 1 18 -M] Affidavit of Seller. 267 Miller /Davis Co., St. Paul, MN- -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S. B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT J PAGE 4 268 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 (State otherlocationll New Hone City Hall 4401 Xylon Av n�rrh New Hope Minnesota 5 4 R At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: 14. EXAMINA110N OF TTTT F Buyer shall obtain at C Il r c pence a Commt m nt for an Owner's Policy of Titte Inctrance on a rrr n AI TA form issued by an insurer linensad to writ, r tt Mmnesntn Seller ehvtl h. .«..,,.....au,. a._ ___ r__ _r .. inSilranm-_ in 26. ADDENDA. Attached are —_ addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed [number] 4 originals of this Purchase Agreement. 297 298 299 300 THIS IS A LEGALLY BINDING CONTRACT, BEFORE SIGNING CONSULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendation or representation may be made by any real estate broker or sales agent as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. I agree to purchase the property for the price and terms and conditions set firth above. BUYER: 'k W. Peter Enck, Mayor {date) City of A pe c BUYER Daniel ue, ' Manager j /date) City of New Hope Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesota 55428 Telephone: (763) 424 -8811 Facsimile: (763) 493 -5193 This Purchase Agreement was prepared by: Lawyer For Buyer Steven A. Sondrall Jensen & Sondrall, P.A. 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 103391 N/A are: Selling Agent and Broker for this transaction are: N/A Telephone: (763) 424 -8811 Telephone: Facsimile: (763) 493 -5193 Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 5 Buyer's or Lender's Title Insurer. Telephone: Facsimile: Old Republic National Title Insurance Company (612) 371 -1111 400 Second Avenue South Minneapolis, Minnesota 55401 Miller /Davis Co. 0 St. Paul, MN 651.642 -1988 �foOCS Form 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS°, which disclaims any liability arising out of use or misuse of this form. ® 2000, Minnesota Association of REALTORS-, Edina, MN Date Page Addendum to Purchase Agreement between parties dated 00^_ pertaining to the purchase and sale of the property at 1505 Bass New Hope Minnesota 55428 Section 1: Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978, is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. 7&e seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and /or lead -based paint hazards (check one below): n Known lead -based paint and /or lead -based paint hazards are present in the housing (explain). S6 Seller has no knowledge of le based+paint and/or lead -based paint hazards in the ou ing. (b) Records an repo a ailable to the (check one below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. I Purchaser's Acknowledgment (initial) e, (c) Purchaser has received copies of all information listed under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Horne. (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards (If checked, see Section II below); or Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead/based paint hazards. Real Estate Licensee's Acknowledgment (initial) N/A (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. c f �L�fI�. net tT, ( �i�✓ ( /f 04 Matthias Hilgers W. Peter Enck, Mayor, City of New Hope Seller Date Purchaser Date Myrna C. Hil Daniel J. nahue, City Manager, City of New Hope dale_ Seller Date Purchaser Date Real Estate Licensee Date Real Estate Licensee Date ction Il: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is c is contract is contingent upon a risk assessment or an inspection of the property for the presence of ed paint and/or lea - atnt hazards to be conducted at the purchaser's expense. The assessment or inspe all be completed within ten (10 }/ _ms days after acceptance of the Purchase Agreement. This Conti shall be deemed removed, and the (strike out one) - the Purchase Agreement shall be in and effect, unless porch real estate licensee assisting or acting on behalf of purchaser delivers to seller or real estate livens ing o on behalf of seller within three (3) calendar days after the assessment or inspection is timely completed a wri specific deficiencies and the corrections required, together with a copy of any risk assessment or ins eport. If the Belle rchaser have not agreed in writing within three (3) calendar days after delivery of the i list of required corrections that: ( r all of the required corrections will be made; or (B) the purchas es the deficiencies; or (C) an adjustment to the purc a will be made, the Purchase Agreement shall cally be deemed null and void, and all earnest money shall be re fun to purchaser. It is underst a purchaser may unilaterally waive deficiencies or defects, or remove this contingency, p that the er or the real estate licensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee ass or acsng on behalf of seller of the waiver or removal in writing within the time specified. ALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. O St. Paul, MN 651- 642 -1988 jWOCS�Form 1519WD (Rev. 10/03) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. ® 2003, Minnesota Association of REALTORS©, Edina, MN 1. Date 2. Page 1 of 2 Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec, 1031.235 requires that before signing an agreement to sell or transfer real property, 5. Seller must disclose information in writing to the Buyer about the status and location of all known wells on the 6. property. This requirement is satisfied by delivering to the Buyer either a statement by the Seller that the Seller 7. does not know of any wells on the property, or a disclosure statement indicating the legal description and 8. county, and a map showing the location of each well. In the disclosure statement the Seller must indicate, for 9. each well, whether the well is in use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails 11. to disclose the existence or known status of a well at the time of sale and knew or had reason to know of the 12. existence or known status of the well, is liable to the Buyer for costs relating to sealing of the well and 13. reasonable attorney fees for collection of costs from the Seller, if the action is commenced within six years 14. after the date the Buyer closed the purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact 16. the local unit(s) of government, state agency, or qualified professional which regulates wells for further 17. information about these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address _ 1605 Base T ake Road, New Hoe 55429 Hennep 21. LEGAL DESCRIPTION: City zip County 22. 23. Tracts A and R Registered Land Survey No 848, Ftil_ es of Registrar of Title -, Ca rn c r 24. - 25. WELL DISCLOSURE STATEMENT 26. (Check the appropriate box.) 27. ❑ The Seller certifies that the Seller does not know of any wells on the above described real property. 28. (if this option is checked, then skip to the last line and sign and date this statement.) 29. ❑ The Seller certifies that the following wells are located on the above described property 30. MN Unique Well Year of 31. Well No. Depth Const. 32. Well 1 33. Well 2 34. Well 3 Well IN USE Type IN NOT IN SEALED USE ❑ ❑ ❑ ❑ ❑ ❑ 35. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 83 -92. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. if a well is operable and properly maintained, a maintenance permit is not required. 39. OTHER WELL INFORMATION 40. Date well water last tested for contaminants: Test results attached? Yes= No= 41. Comments: 42. Contaminated Well: Is there a well on or serving the property containing contaminated water? Yes= No= 43. SEALED WELL INFORMATION 44. For each well designated as sealed above, complete this section. 45. When was the well sealed? 46. Who sealed the well? 47. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes= No 48. MAP 49. Complete the attached MAP showing the location of each well on the real property. 50. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any 51. party /ies in this transaction, and is not a substitute for any inspections or warranties the party /ies may wish to obtain. 52. 53. CERTIFICATION BY SELLER Matthias lagers Myrna GlHilgers v (Seller or Designated Representative) (Date) (Seller or Designated Representative) (Date) 55. BUYER'S A F Kh ENT / 56. A hahue, W. Peter Enck, Mayor, City of New Hope Daniel J. y Manager, City of New Hope (Buyer) (Date) (Buyer) (Date) 57. MN - WDS - (10103) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. WELL DISCLOSURE STATEMENT 58. Page 2 of Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60. DEFINITION 61. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise 62. constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. 64. MINNESOTA UNIQUE WELL NUMBER 65. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well 66. number by the person constructing the well. If the well was constructed after this date you should have the 67, unique well number in your property records. If you are unable to locate your unique well number and the well 68. was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, 69. please indicate the depth and year of construction for each well. 70. WELL TYPE Use one of the following terms to describe the well type. 71. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. 72. Examples of water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73, 74. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 75, diameter wells connected to a large pressure distribution system. 76. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is 77. typically used to access groundwater for the extraction of samples. 78. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for 79. construction or use of underground spaces. 80. INDUSTRIAL /COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat 81. WIEMpW$E STATUS 82, Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 83. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use 84. includes a well that operates for the purpose of irrigation, fire protection, or emergency pumping. 85. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not 86. been sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 88. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has 89, a metal or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry 90. into the well. A "capped" well is not a "sealed" well. 91. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 92. contractor, check the well status as not in use. 93. if you have any questions, please contact the Minnesota Department of Health, Well Management Section 94, at (651) 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). 95. ORIGINAL COPY TO LISTING BROKER COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co. C St. Paul, MN 651 - 642.1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORS °, which disclaims any liability arising out of use or misuse of this form. 2002, Minnesota Association of REALTORS", Edina, MN 1. Date 2. Page 1 of _ 2 Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 7(,0 Bacc ak Rnad 5. in the City of New Hope County of Hennepin State of Minnesota , legally described as follows or 6. attached sheet (the "Property ") Tracts A and R, Registered Land S rry y No 848, Bles of Registrar of Titles, Coounty ref 7. Hennepin - Certificate of Title No 406695 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9• transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 10. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS 11. OF THE SEWER SYSTEM AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN 12. BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTION /DEFECTS. 13. SELLER'S INFORMATION: The following Seiler disclosure satisfies MN. Statutes Chapter 115.55. The Seller discloses the 14 . following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this 15. information in deciding whether and on what terms to purchase the Property. The Seller(s) authorizes any Agent(sy 16. representing any party(s) in this transaction to provide a copy of this statement to any person or entity in connection with 17. any actual or anticipated sale of the Property. 18. Unless the Buyer and Seller agree to the contrary in writing before the closing of the sale, a Seller who fails to disclose the 19. existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to 20. know of the existence or known status of the system, is liable to the Buyer for costs relating to bringing the system into 21. compliance with individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the 22. Seller. An action under this subdivision must be commenced within two years after the date on which the Buyer closed the 23. purchase of the real property where the system is located. 24. Legal requirements exist relating to various aspects of location and status of individual sewage treatment systems. Buyer is 25, advised to contact the local unit(s) of government, state agency or qualified professional which regulates individual sewage 26. treatment systems for further information about these issues. 27. The following are representations made by the Seller(s) to the extent of the Seller(s) actual knowledge. This information is a 28• disclosure and is not intended to be part of any contract between the Buyer and Seller. 29• PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX.) 30. ❑✓ The Seller certifies that the Seller does not know of any private sewer system on or serving the above described real 31. property. (If this option Is checked, then skip to the last line and sign and date this statement.) 32. ❑ The Seller certifies that the following private sewer system is on or serving the above described real property. 33. TYPE (Check appropriate box(es) and indicate location on attached MAP) 34. Septic Tank: ❑ with drain field ❑ with mound system ❑ seepage tank ❑ with open end 35. Sealed System (holding tank) 36. Other (Describe): 37. Is the sewer systems) currently in use? Yes_ No 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer comply 39. with applicable sewage treatment laws and rules. 40. Is the sewer system(s) in compliance with applicable sewage treatment system laws and rules? Yes No_ 41. When was the sewer system installed? Installer Name /Phone: 42. 43. Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? 47 • Describe work performed to the system since you have owned the Property: 48. 49 . Date work performed /by whom: 50. Is sewer system entirely within Property boundary lines, including set back requirements? 51. Is the system shared? How many units on system Annual fee? 52. Comments: 53. On this Property: 54. Approximate number of: people using the sewer system - showers /baths taken per week wash loads per week _ 55. Distance between well and sewer system: 56. Have you received any notices from any government agencies relating to the sewer system? Yes No I/ 57. If "Yes", see attached notice. MN -PSSD (8/02) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Form 1519SS (Rev. 8i02) 59. 60. 61. 62. Are there any known defects in the sewer system? If yes, please explain PRIVATE SEWER SYSTEM DISCLOSURE 68. Page 2 Yes No _ 63. SELLER'S STATEMENT: (To be signed at time of listing) 64. I / We, Sellers) of the Property acknowledge the above Private Sewer System Disclosure and MAP and authorize Listing Broker to disclose 65. this information to prospective Buyers. 66. (seller) Matthias Hilgers (Date) (seller) Myrna C. Hilgers (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. [[We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no 69. representation regarding the condition of the Private Sewer System have been made, other than those made above. LISTING 70. BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN 71. THE PRIVATE SEW S (sayer) W. Peter nck, Ma or (Date) user atuel J. hue, City Manager ./ (Date) City of New Hope City of New Hope 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 74. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, I /We, the Seller(s) of the above Property, agree 75, that the condition of the private sewer system is the same as noted above, including changes indicated above which have 76. been initialed and daateed.'!�f 77. r (seaer)Matthtas Ht gers (Date) (Seller) Myrrq C. Hilgers cDate) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co, 0 St, Paul, MN 651 - 642 -1988 jWOC$— Form 1519 MAP (Rev. 7/94) PRIVATE SEWER SYSTEM AND /OR WELL LOCATION MAP This form approved by the Minnesota Association of REALTORS°, which disclaims any liability arising out of use or misuse of this form. Date _ Page 1 of Pages 2. Please use the space below to sketch the real property being sold and the location of each _ SEWER SYSTEM _ WELL on the Property. (check all that apply) 3. Include approximate distances from fixed reference points such as streets, buildings and landmarks. 4. Property located at: 1005 Bass T ake Road New Hope MOMS, t? 55428 5. ATTACH ADD ETS AS NEEDED 6. Seller and Buyer Initial: Seller(s) / Buyer(s) (7 7. MN -PSSWM (7/94) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLs WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. RESIDENTIAL MOVING COSTS CLAIM F Advance Claim Name (Payee) Schroeder Movi Dist. N/A Artemis S.P. N/A I C.S. N/A Parcel N/A C.ID. N/A Fed. No. N/A County Hen Prop. Owner Matthias & Myrna Hilgers Prop. Address 7605 Bass Lake Road City /State /Zip New Ho )e / MN / 55428 — Type of Acquisition: x Direct Purchase M& FOR OFFICIAL USE ONLY ❑ Tenant FX ] Owner 0 Receipted BillsEl Room Basis Type of Unit If Room Basis ❑ Apartment Total Rooms 0 House Basement Count El Other Garage Count Miscellaneous Count Grand Total Furnished Unfurnished Partial Claim Approved Amount $995.98 Approved By Final Claim Approved By Scott Means Relocation Consultant Date Application Approved Mail Check to: Name Schroeder Moving Systems Address 3020 Niagara La / MN / 55447 FOR OFFICIAL USE ONLY VENDOR NUMBER: Address 6244 Magda Drive Unit D City /State /Zip Maple G rove / MN / 55369 Name of Mover Schroeder Moving Systems Date of Move 2 -2 -04 / 2 -4 -04 Address 3020 Niagara Lane City Plymouth, MN 55447 Residency Certification: I attest, under penalty of perjury, that myself and my family, are lawful citizens of the United States, or aliens lawfully admitted for residence in the United States. I, the undersigned, do hereby certify that the above information is correct, and that any movers' receipts or statements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will result in its denial. f MAIL CLAIM TO: Date Name (print) 6 Signature' Telephone %� Please consult your Relocation Counselor for help in preparing and submitting this claim. Instructions for submitting your claim for residential moving expenses. The State will allow residential moving expenses to a displaced individual or family based on a fixed room schedule or reimbursement for actual costs incurred. Asa displacee you will be asked to select the method most suitable to your needs. Fixed Payments Payment is computed on the number of rooms contained in your residence exclusive of typical closets, porches, pantries, bathrooms, hallways, entrances or any unfurnished rooms. A basement may be considered as one room unless it has been separated into livable rooms such as: bedrooms or recreation rooms. Outbuildings actually in use for storage purposes maybe counted as one room. Actual Costs Under this method the State may allow reimbursement for reasonable and necessary (as determinedby the agency) expenses incurred in moving your personal property for a distance not to exceed 50 miles This is not an adjustment for inconveniences which have occurred or for time lost at your regular occupation. Said moving expenses will be paid upon compliance with the following instructions. When you are moved by a professional moving company, pay the charges and obtain a receipted bill. This statement must contain the rate per hour charged, number of hours worked and number of men and van(s) employed. The receipt must be marked "Paid in Full" and signed by a representative of the company. Consult your relocation advisor for help and assistance prior to moving toensure reimbursement is allowed. 2. If your personal property is moved by someone other than a professional moving company, you must submit an itemized statement showing the number of people hired, the rates per hour paid, date, and the total number of hours worked for each individual and the equipment used. An affidavit will then be prepared for your signature. Again, please consult your relocation advisor prior to moving by this method. You must complete the bottom portion of the Claim Form in ink, making sure that your signature and current telephone number are included. Attach to the original copy of claim form all required information pertaining to your move and mail to the address shown on the lower left corner. 4. In the event you are financially unable to pay the moving company, special arrangements may be made with the relocation office to allow direct payment or an advance payment claim. Thimust be done well in advance of the moving date. The State cannot reimburse you for any alteratmn which may constitute a home improvement. Overtime charges by moving companies will not be considered except in emergency situations as determinedbeforehand by the State of Minnesota. 1111,111111 111 ilill 11111 1 , I ' ll I NINE IN= III I certify that all items of personalty(to the best of my knowledge) have been removed from the subject property, including all hazardous and environmentally sensitive materials such as batteries, tires, paints, solvents, insecticides, fertilizers, fluorescent lights, etc. Person submitting claim -- Date " Relocation Counselor - mm Date Release of Move February 19, 2004 As a owner of the property located at 7605 Bass Lake Rd, New Hope, MN 55428, I certify our move was completed by Schroeder Moving Systems and the move was completed to our satisfaction, Myrna Date Moving from: Shipper: MATT & MYRNA HILGERS Address: 7605 BASS LAKE RD City,St: NEW HOPE, MN 55428 Packing Date: Load Period: Containers Description Agt# Qty Rate Total Agt# Qty 3.0 Ctn 5 4.45 22.25 5 Wardrobe 2 10.00 20.00 Mirror 4 10.45 41.80 4 Sub Totals 84.05 Moving to: Consignee: SAME Address: 6244 MAGDA DRIVE UNIT D City St: MAPLE GROVE, MN 55369 Deli«ery Period: Packing (D) Unpacking (D) Rate Total Agt# Qty Rate Total 5.35 26.75 5 1.20 6.00 9.50 38.00 4 2.00 8.00 64.75 14.00 *• &* ** * * * * *: <: * * * ** * * * ** ** * * * 15: * ** z 1 1 ** Al -k # fir * **+ *4r k * ** k"k :k * * *-k* * k * Tariff : 400M /ATVL Net Wt 100 * Effective: 01/28/2000 Trans Wt 100 xi * Section : 3 Miles 25 * Origin ST: (24) CNTY:(27) Destination ST: (24) CNTY:(2) *' * Origin Service Area:416 Destination Ser7,ice Area:416 * J >l k * * * * * k * * * *- k * * -,r * * ar * * * * * k * * * * * * * ,k * * * * * * * * * * * * * * * * * * * k 4. ,1 ` * -k * * * Description Weight Quantity Rate Charges Transportation Chg 5.75 X 138 /HR 793.50 Containers,Packing & Unpacking (see itemized list) 162.80 Fuel Surcharge 50 39.68 Grand Total Prepared By: 995.93 CITY OF NEW HOPE SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECT NOS. 758 and 760 (Sewer and Water Disconnect at 7605 Bass Lake Road and 5400 Winnetka) For valuable consideration as set forth below, this Contract dated the 20 day of February 2004, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Gene's Water and Sewer, Inc., a Minnesota corporation (hereinafter "Contractor "). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the Request For Proposal including the Description of Work for the sewer and water disconnect at 7605 Bass Lake Road and 5400 Winnetka Avenue North (attached hereto as Exhibit A) prepared by the City of New Hope, all of which are incorporated hereby by this reference. This Contract and the Request For Proposal shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. The work to be performed by Contractor under this Contract (hereinafter the "Work "), shall include the entire completed construction or the various separately identifiable parts thereof required to be furnished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. 3. CONTRACT PRICE The City agrees to pay Contractor Two Thousand and Three hundred fifty and No /100ths Dollars ($2,350.00), payable upon the City's acceptance of Contractor's performance under this Contract. The disconnect at each property is $1,175.00 per property. 4. COMPLETION DATE /LIQUIDATED DAMAGES Contractor shall complete his performance under this Contract by the 12 day of March, 2004 (hereinafter "Completion Date "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the Completion Date for each property: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for each property, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day per property as liquidated damages. —1— 5. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall obtain the following insurance coverage listing the City as a loss payee under the policies: a. General Contractor Liability: it 111 11 b. Automobile Liability for all automobiles: $500,000.00 C. Workman's Compensation: Statutory Amounts The Contractor acknowledges and agrees it will not start work on this project unless and until these insurance coverage's are in place. Contractor further warrants the City shall be a loss payee on said coverage's. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE —2— The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW MOPE By: cam' Its Mayor h r , By: Its City MaitCger STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day o 200_, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, orb behalf of said municipal corporation. d Notary Public VALEIEJ.1_EONE NOTARY PUBLIC - MINNESOTA fly COIT Missi% Expires Jan, 31, 2005 —3— GENE'S WATER AND SEWER, INC. By: Its: Its: STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this, :,' , 20 , L ) , the respectively of by /1 pL ,e - -�, L 7Aj 7 a Minnesota on behalf of said Notary Public REQUEST FOR QUOTE (RFQ) SEWER AND WATER DISCONNECTION NEW HOPE, MINNESOTA City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, MN 55428 Dear Council Members: RFQ Due 2/13/04, Noon The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to furnish everything necessary to complete the project in accordance with the attached description of work. Sewer and Water Disconnection Quote 7605 Bass Lake Road & CIO 5400 Winnetka Avenue North ley Total Lump Sum Quote 4Y _-2367 O In submitting this quote proposal it is understood that the owner retains the right to reject any and all quotes and to award the quote in the best interests of the owner. It is also understood that quotes may not be withdrawn for a period of 30 days after the deadline date on this request for proposal quote form. Respectfully submitted, 14- Firm Agent Address Ar cfl City, State & Zip Code go Printed Ntgrne- Agent Telephone No. 1;L - / /- 0 Date 11 DESCRIPTION OF WORK 1. PROJECT DESCRIPTION: The city is requesting quotes from professional firms to disconnect and cap sewer and water service at the following city -owned properties: • 7605 Bass Lake Road -- Single Family Home. 5400 Winnetka Avenue North — Single Family Home. • Obtain Sewer and Water permit prior to demolition from the city of New Hope Community Development Department, New Hope City Hall, 4401 Xylon Avenue North. Gopher State One Call must be notified two working days in advance. • Public Works will turn off the stop box for each building. • Public Works will locate and mark the sewer services for each building based on best information available. o Sewer services will be cut and sealed with concrete at the property line. • Water services will be cut approximately 12 " -15" from the stop box and bent over to prevent a leak should the stop box leak. • Call Public Works at 763 - 592 -6762 to schedule inspections of each service disconnection at least two hours in advance. Backfilling will not be allowed until inspections are completed. Any disturbed areas must be filled in and graded properly. Seeding the areas will not be necessary. The contractor will be responsible for any damage to the property or city -owned facilities (sidewalk, curb, etc.). 2. RFQ SUBMISSION MATERIALS: All quotes are to be received at city offices in sealed envelopes by the submission deadline and should include the following information: Completed RFQ Proposal Cover Sheet, RFQ Deadline 2/13/04,12:00 PM; 3. COMPLETION DATE: The selected firm shall complete work by Friday, February 27, 2004. The quote will be awarded on Tuesday, February 17, 2003 or shortly thereafter. 4. CITY CONTACT: Questions may be directed toward Ken Doresky, community development specialist at 763- 531 -5137. 5. CONTRACT: A standard city contract will be required for execution prior to . disconnection activities. ____ _ 6.--- A.T_T_ACH • 7605 Bass Lake Road — Location Map. • 5400 Winnetka Avenue North — Location Map. 2 54" 7800 ale M731 6� 7W 7600 5 —7332 7610 750C= 7901 I imp N 00 111 55W 5559 5548 . ...... 7615 • 5537 55M 5w 5539 : " 7301 , a 5532 5531 5530 7621 $ it 7601 520 5 5524 5519 ST. 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Z!� 5224 5237 3230 5231 5251 �_j 5218 5231 5224 5225 CLOSING STATEMENT (99.11299) DATE: January 29, 2004 PROPERTY ADDRESS: 7605 Bass Lake Road New Hope, Minnesota 55428 SELLER: Matthias Hirers Myrna PURCHASER: The Economic Development Authority in and for the City of New Hope TIN: 41 - 6008870 TERMS: Total Purchase Price: $158,000.00 Earnest Money: $0.00 Cash at Closing: $158,000.00 $158,000.00 $158,000.00 SELLER'S COSTS: Abstracting and Searches: $650.00 State Deed Tax: $537.20 *Real Estate Tax Adjustment: $86.49 Recording Fee for Well Disclosure Certificate: $30.00 Escrow Deposit — Access Agreement: $1,000.00 $2,303.69 PURCHASER'S COSTS: Conservation Fee: $5.00 Recording Fee for Warranty Deed: $20.00 Certificate of Title: $15.00 *Real Estate Tax Adjustment: (86.49) Real Estate Tax Adjustment (Estimated) for 2004: Seller's Obligation: 29/366ths Base Tax: $86.4 Purchaser's Obligation: 337/366' Base Tax: $1,004.91 $1,091.40 $(46.49) CASH RECEIVED: Cash at Closing: Purchaser's Costs: $158,000.00 $(46.49) $157,953.51 DISBURSEMENTS: Old Republic National Title Insurance Co.: Hennepin County Treasurer (Deed Tax): Hennepin County Registrar of Titles: Matthias Hil ers and Myrna C. Hil ers: Esc D eposit — Access Agreement. $650.00 $537.20 $70.00 $155,696.31 $1,000.00 $15 953 51 Real Estate Tax Adjustment (Estimated) for 2004: Seller's Obligation: 29/366ths Base Tax: $86.4 Purchaser's Obligation: 337/366' Base Tax: $1,004.91 $1,091.40 SELLERS: Mathias Hirers l Y i Myrna ,C. Hirers PURCHASER: THE ECONOMIC DEVELOPMENT AUTHORIT�' IN AND FOR THE CITY OF NEW HOPE By: ' I '- - --_ Its: P �AttorneyJMI- Client Folders',CNH \CNH99.11299- 003 - Closing Stmt- D4.doc Miller /Davis Co., St. Paul, MN MINNESOTA DEPARTMENT OF HEALTH Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164 -0975 (651) 215 -0819 or 1-800-383-9808 WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Person filing deed must attach $30 fee payable to the county recorder. MDH USE ONLY A. PROPERTY DESCRIPTION Attach a legal description of the property. COUNTY LOT NUMBER BLOCK NUMBER ADDITION NAME Hennepin Tracts A and B, RLS No. 848 STREET ADDRESS 7605 Bass Lake Road CITY STATE ZIP CODE P.I.N. (OPTIONAL) New Hope MN 55428 05- 118 -21 -33 -0088 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST MIDDLE LAST COMPANY NAME (IF APPLICABLE) The Economic Development Authority in and for the City of New Hope ADDRESS 4401 Xylon Avenue North ADDRESS CITY STATE ZIP TELEPHONE New Hope MN 55428 763 -531 -5100 C. CERTIFICATION BY SELLER I certify that the information provided on this certificate is accurate and complete to the best of my knowledge. Name of Seller (Please Print) Signature of Seller or Designated RepresentnOve of Seller Date D. CERTIFICATION BY BUYER The buyer or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all deeds given in fulfillment of a contract for deed if there is a well on the property. In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No signature is required by the buyer if the seller has signed above. Based on disclosure information provided to me by the seller or other available information, I certify that the information on this certificate is accurate and complete to the best of my knowledge. Signature of Buyer or Designated Representative of Buyer Date IMPORTANT NOTE: The Minnesota Department of Health (MDH) will follow -up with the property buyer regarding any wells disclosed as not in use. If a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from the MDH for $125. A copy of this well disclosure certificate should be provided to the property buyer. 7/02 MINNESOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Fill out a separate well information page if more than three wells are located on the property. WELL #1 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBE TOWNSHIP NUMBER RANGE NUMBER Hennepin SW 1/4 of SW 1/4 5 118 21 WELL STATUS (Check n) one box) YEAR WELL WAS SEALED OR WELL IS:❑ IN USE (1) KNOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3 SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL CONTRACTOR If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. WELL #2 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER Hennepin WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) ❑ NOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3 , SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. CONTRACTOR WELL #3 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBE TOWNSHIP NUMBER RANGE NUMBER Hennepin WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) ❑ NOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3 SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. CONTRACTOR SKETCH MAP • Sketch the location of the well(s) and include estimated distances from roads, streets and buildings. IF MORE THAN ONE WELL ON PROPERTY, USE THE WELL LOCATION NUMBER ABOVE TO IDENTIFY EACH WELL. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such ,as a licensed contractor. information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format call (651) 215 -0811 or TDD (651) 215 -0707 or greater Minnesota through Minnesota Relay Service at 1- 800 - 627 -3529 and ask for (651) 215 -0811. Visit our web site at: www.health.state,.,mn.us/div/eh/wells/disclosures/ HE- 01387 -09 IC #140 -0385 7/02 ACCESS AGREEEMENT FOR 7605 Bass Lake Road This Access Agreement (the "Agreement ") is dated effective the 29`' day of January, 2004, and is entered into by and between Matthias Hilgers and Myrna C. Hilgers, husband and wife ( "Sellers ") and the Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation ( "EDA ") contemporaneously with the closing of the sale of property located at 7605 Bass Lake Road, New Hope, MN from Sellers to EDA on January 29, 2004 ( "Closing Date "). WHEREAS, Sellers have not been able to fully remove their personal effects from the Property and have requested permission from the EDA for an additional eleven (11) days after the Closing Date to remove their personal effects from the Property; and WHEREAS, as of the Closing Date, title to the Property transferred to the EDA, which includes the right of possession; and WHEREAS, EDA is willing to permit Sellers access to the Property following the Closing Date for a period of eleven (11) days for the limited purpose of Sellers removing their personal property from the Property according to the terms and conditions contained herein; and NOW, THEREFORE, as an accommodation to Sellers, the EDA is willing to grant a limited right of access to the property at 7605 Bass Lake Road as specified herein: 1. EDA agrees to allow Sellers limited access to the Property following the Closing Date on January 29, 2004 for a period of eleven (11) days, terminating at 11:59 p.m. on February 9, 2004 for the limited purpose of Sellers' removal of personal property from the Property. The personal property that Sellers are entitled to remove does not include any fixtures or appliances, which shall not be removed by Sellers. 2. Sellers have retained a key to the Property and are authorized to utilize the key for a period terminating at 11:59 p.m. on February 9, 2004 for the limited purpose of accessing and removing Sellers' personal effects. 3. EDA will withhold from Sellers One Thousand and 00 /100ths Dollars ($1,000.00) of the purchase price in consideration of granting permission to Seller to access the Property according to the terms contained herein (the "Withheld Funds "). 4. Any personal property remaining on the Property after 11:59 p.m. on February 9, 2004 will be considered abandoned by Sellers and become the property of EDA or the City of New Hope and any costs incurred by the EDA or the City of New Hope to remove and dispose of the personal property will be deducted from the Withheld Funds. 5. The Withheld Funds will be returned to Sellers on or before February 23, 2004, after any costs to remove and dispose of Sellers' abandoned personal property is determined by the EDA or City and paid from the Withheld Funds. 6. This Agreement grants a contractual right of entry to Sellers and is not to be deemed in any way to create a leasehold estate. 7. Sellers shall enter upon the Property with reasonable care and without damage to the Property. S. EDA waives all claims for trespass arising from Sellers' entry on the Property for the limited purpose of removal of personal property. 9. Any entry by Sellers for any reason other than for the limited purpose of removing personal property shall be deemed a trespass. 10. EDA or the City of New Hope will not be liable to Sellers, or Sellers' family, agents, invitees, contractors, employees or servants, for any damages or losses to person or property incurred during Sellers' entrance onto the Property to remove personal property, unless caused by the willful misconduct of the EDA or the City of New Hope. 11. Seller agrees to waive and release the EDA and City of New Hope and their employees, officials, agents and representatives of and from any and all right of recovery, claim, action or causes of action, for any loss or damage that may occur to Sellers' personal property, by reason of any and all risk and /or perils, regardless of cause or origin. 12. Sellers agrees to indemnify, defend, and hold the EDA and City of New Hope harmless from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees for bodily injury or death or for injury to or destruction of personal property arising of and from any negligent act or omission of Sellers, or anyone directly or indirectly employed by Sellers in connection with Sellers' entry on the Property for the limited purpose of removing personal property. SELLER: _ 7 0-1 Matthias Hilgers Myrna C. Hilger kJ- ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: r - STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Its: The foregoing instrument was acknowledged before me this day of January 29, 2004, by Matthias Hilgers and Myrna C. Hilgers, husband and fe. (Notary Public Seal -, ��� fib -�"'�� STEVEN A. SONDRALL Notary Public A y 0QMMMVkWJan.31,2005 NOTARY PUBLIC - MINNESOTA A S ■ 0AAAAAMAAAMAMMAMP • STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this day of January 29, 2004, by LP? � v - t , the of the Economic Development Authority in and for the City of Nepe, a Minnesota municipal corporation, on behalf of said municipal corporation. N 1' STEVEN A . SONDRALL 5 y NOTARYPUBUC MINNESO ,. �• MAI/ 0Q= p#rea Jan. 37 , 20C ■ Notary Public Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attorney\SAS\2 City of New Hope \99 -11299 \Access Agreement after closing -7605 Bass Lake Road.doc 3 (Above Reserved For Recording Data) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) AFFIDAVIT REGARDING SELLERS Matthias Hilgers and Myrna C. Hilgers, husband and wife, being first duly sworn, on oath say that: 1. 2. They are the persons named as Grantors in the document dated January _, 2004, and filed for record , 2004, as Document No. in the office of the Registrar of Titles of Hennepin County, Minnesota. Said persons are of legal age and under no legal disability with places of business, respectively, at: Matthias Hilgers - Photo Control Corp., 4800 Quebec Avenue North, New Hope, Minnesota 55428; Myrna C. Hilgers - Northland Inn, 7025 Northland Drive, Brooklyn Park, Minnesota 55428; 3. and for the last ten (10) years have resided at: 7605 Bass Lake Road, New Hope, Minnesota 55428. The social security numbers of said persons are: Matthias Hilgers Myrna C. Hilgers - 4. There have been no: 5. 6. 7. 8. a. Bankruptcy, divorce or dissolution proceedings involving said persons during the time period in which said persons have had any interest in the premises described in the above document ( "Premises "). b. Unsatisfied judgments of record against said persons, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said persons. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names, during the time period in which the above -named persons have had any interest in the Premises, are not against the above -named persons. Any judgments or tax liens of record against parties with the same or similar names are not against the above -named persons. There has been no labor or materials furnished to the Premises for which payment has not been made. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises. 9. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document. 10. There are no encroachments or boundary line questions affecting the Premises of which Affiants have knowledge. 11. This Affidavit is made as respects the following described property: Tracts A and B, Registered Land Survey No. 848, files of Registrar of Titles, Hennepin County, Minnesota. Affiants know the matters herein stated are true and make this Affidavit for the purpose of inducing the passing of title to the Premises. Matthias Hilgers Myrn• C. Hilgers n Subscribed and sworn to before me this day N of January, 2 STEVEN A SONDRALL NOTARY PUBLIC- MINNESOT ;, IN Cams E*dM$ Jan. 31 2005 Notary Public Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAtt0mey\1LB\1 -Cfi=t Folders \CNH \CNH99.11299- M- Aff'idavit.dw JS Form No. 3 -M - WARRANTY DEED Individual(s) to Corporation STATE DEED TAX DUE HEREON: $537.20 Date: January _, 2004. FOR VALUABLE CONSIDERATION, Matthias Hilgers and Myrna C. Hilgers, husband and wife, Grantors, hereby convey and warrant to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: Tracts A and B, Registered Land Survey No. 848, files of Registrar of Titles, County of Hennepin; Subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto. Check box if applicable: ❑ The seller certifies that the seller does not know of any wells on the described real property. ® A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Matthias Hilgers Myrn C. Hilgers STATE OF MINNESOTA COUNTY OF HENNEPIN Ss. The foregoing instrument was acknowledged before me this 2 day of January, 2004, by Matthias Hilgers and Myrna C. Hilgers, husband and wife, Grantors. (Notarial Stamp or Seal) ® STEVEN A SONDRALL f_ -�2 NOTARY PtML1C— MINNESOTA -- MY C=_ E*_ Notary Public e ■ Check here if part or all of the land is Registered (Torrens) THIS INSTRUMENT DRAFTED BY: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \A.—y\H.B\1 -CliM Fo1ders \CNH\CNH99.11299 -0O1- Warran1y Deed(D2).d. Tax Statements for the real property described in this instrument should be sent to: The Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 2 MINNESOTA Departm of Revenue Auditor use only Certificate of Real Estate Value PE-2 Buyers' last nome(s), first, middle initial Address Daytime phone _ _ Economic Development Authority in and 4401 Xylon Avenue North for the City of New Hope New Hope, MN 55428 (7631 531 -5100 Sellers' lost nome(s), first, middle initial New address Daytime phone Hilgers, Matthias 6244 Magda Drive Hilgers, Myrna C. Maple Grove, MN 55369 Street address or rural route of property purchased City or township Count' 7605 Bass Lake Road New Hope Hennepin ". Date of deed or contract Legal description of property purchased (lot, block and plat, or attach 3 copies of the legal description) Tracts A and B, Registered Land Survey No. 848, 1/29/2004 files of Registrar of Titles Financial arrangements Was personal property such as furniture, inventory or equipment included in the purchase price? below list replacement) value. (Use the back of this page it needed.) I yes % no If yes, describe and current (not Total purchase price $158,000.00 $ $ Down payment $158,000.00 $ $ -- I Total personal property i current value: 44 Points or prepaid interest paid by seller 4 Type of acquisition (check all that apply) ED Buyer and seller are relatives or related businesses E, Properly is a gift or inheritance `7 Type of property tr `i Land only Transaction involved the trade of property Buyer is a religious or charitable organization ansferred (check all that ap E Land and buildings Buyer is a unit of government Condemnation or foreclosure transaction Payoff or resole of contract ply) Construction of a new buildinc after January 1 of year of sale Name added to or co-owner's name removed from deed (not a sole) Buyer purchased partial interest only Purchase ag reement signed over two !. years ago. Year signed: 8 Planned use of property (check one) IX Residential, single family If you check one of the four boxes below, you must complete schedule PE -20A and attach it to this certificate. j 1 Agricultural � Commercial - industrial Residental duplex, triplex (number of acres): — (type of business): 0 Ca6in or recreational Apartment building �'i (noncommercial) (number of units): 11 Other (describe): SA Will this property be the buyer's principal residence? F� yes Eno Method of financing (complete only if seller - financed, including a contract for deed or assumed mortgage) Check: Mortgage or co ssum ntract for Monthly payment for Interest rate Total number Date of any lump sum Aed Contract deed amount at purchase principol and interest now in effect of payments (balloon) payments Mortgage for Deed 9 10 L L - - - -- I declare that the information on this form is true, co nd c to to the best of my knowledge and belief. Up,,, (� ^ t or type) / Sig ture f Daytime phone Date C IYr BIt'SD IYr T i Acres Tillable — lCER !CRP RIM :Use 1 Deed IYr 1 � I _ I Good for study `I yes U no IF no, give reason /code X FiC ST 1 Adlc i Adje I iGA .0 !1 ;MV Co i CT ( PT I Dale Stack No. 6000400 (Rev. 6/961 t 41- 6008870 2 3 714 1 1 .4 1 / 4 Primary property idenrFcmion # i Tot Secondary parcel identification # b EMV !Apt 'FM MV ID d M : S Are there are parcels2 yes no Put extra identificonon numbers on back of this form. DEPARTMENT OF REVENUE COPY 816697 _ I Matthias Hilgers malom 2 Myrna C. Hilgers Stock No. 6000400 (Rev. 6/96) 3 816697 DEPARTMENT OF REVENUE COPY '✓ X ` c r t� a n re