Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Imp. Proj. #488
Originating Department I' • • City Manager Kirk McDonald B y' Management Assistant Agenda Section Item No. 4 DISCUSSION REGARDING PURCHASE OF OUTLOT A, CUSTOM MOLD ADDITION, 5430 INTERNATIONAL PARKWAY E DA LM If 'a meeting can be arranged between the City and the owner of Custom Mold and Design prior to the November 12th Council meeting, and if agreement can be reached on all issues (per the attached memo) , staff requests to discuss the purchase of Outlot A, 5430 International Parkway, with the EDA. If the City and the owner of Custom Mold have not met prior to the meeting, staff recommends that both the discussion on the purchase of property and the approval of the final plat be tabled until November 25th. ;t MOTION BY 6w• a TO: Review: Administration: Finance: Approved for Agenda November 12, 1991 17 0�Iif EDA RESOLUTION NO. 91-3 RESOLUTION AUTHORIZING PURCHASE OF OUTLOT A, CUSTOM MOLD ADDITION BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope, Minnesota (hereinafter the Authority) as follows: WHEREAS a purchase agreement has been negotiated with the owners of the property to be platted as Custom Mold Addition for the purchase by the Authority of the land which will be platted as Dutlot A, Custom Mold Addition, and WHEREAS a copy of the purchase agreement for said 0utlot A, which agreement contains all of the terms and conditions for the purchase, is attached hereto as Exhibit A, and WHEREAS, the purchase of said Uutlut A is in the best interests of the City of New Hope and its people, and promotes the general plan of economic development of the City of New Hope. NOW, THEREFORE, BE IT RESOLVED: 1. The purchase of 0utlot A, Custom Mold Addition, including the terms and conditions as set forth in the purchase agreement attached as Exhibit A is hereby approved. 2. The officers and staff of the Authority are hereby directed to sign all appropriate documents in order to conclude this purchase. Dated the 12th day of November 1891. Attest: 4aniel J. rVonahue, Executive Director CITY OF NEW HOPE DATE: November 7, 1991 TO: Daniel J. Donahue, City Manager FROM: Kirk McDonald, Management Assistant SUBJECT: Discussion Regarding Purchase of Outlot A, Custom Mold Addition, 5430 International Parkway As you are aware, Custom Mold and Design, Inc., 5420 International Parkway, has received site /building plan review approval and preliminary plat approval from the Planning Commission and City Council to expand their existing facility to the north of their existing property. As part of this expansion project, Custom Mold is acquiring and platting the property at 5430 International Parkway, which contains 2 acres. The New Hope Public Works Garage is located directly north of the vacant property being acquired and platted by Custom Mold and Public Works has utilized a portion of the property in the past (and currently does so) for the storage of excess materials and as a staging area. Custom Mold has proposed to plat the vacant parcel so that 1.12 acres would be combined with their existing property and .88 acres would be platted as an Outlot, with an understanding that the City may have an interest in purchasing the property and combining it with the Public Works site for future expansion. The City would utilize the property as it has in the past, for the temporary storage of rock /sand /dirt /etc., and also may consider the construction of a salt storage building on the site. Duane Trieber, owner of Custom Mold, acquired the 2 acres of vacant property for $179,000, or $89,500 per acre. The Outlot contains .88 acres and the asking price is $78,760 (.88 x $89,500). Trieber indicated at the October 14th EDA Meeting that two other concerns he would like addressed included 1) the City developing a plan for the use of the property, and 2) an agreement regarding the excess fill material. The EDA authorized you to proceed to negotiate with Custom Mold on the purchase of the property and the purpose of this memo is to update you on several issues regardina that purchase. You will recall that we met with Trieber on October 16th and made a preliminary offer of $78,760 (with the understanding that we would be discussing this price with an appraiser), indicated that a plan would be developed for the use of the property, discussed excess fill, soil borings, purchase agreement and plat. - 1 - The Final Plat of Custom Mold Addition (Attachment A) has been submitted for approval by Custom Mold and Design and is included on the regular Council agenda. Approval of the Final Plat was waived by the Planning Commission so the plat proceeds directly to the Council. All necessary corrections have been made on the Final Plat and staff is recommending approval. The plat has been drafted to include the Outlot as a separate parcel with the specific understanding that the City is going to purchase the property. If the City approves the Final Plat in the submitted format, it is my understanding that the City is committing to purchase the Outlot. If the Council/EDA is not ready to commit to purchasing the Outlot, I would recommend that approval of the Final Plat be tabled. The Planning Commission specifically recommended that the City make a decision on the purchase of the property prior to the approval of the Final Plat and that if the Outlot was not purchased by the City, that the Outlot be abolished and incorporated into the Custom Mold property (so that a remnant parcel under 1 acre in size not be left standing on its' own). If the Council/EDA determines not to purchase the Outlot, the Final Plat should be revised. P V MM" It is assumed that if the City purchases the Outlot that sometime in the future the City would replat the Public Works Property to incorporate the Outlot. Note on the Final Plat that 10-foot wide drainage and utility easements have been provided on the east, south and west sides of Block 1, Custom Mold Addition, and that a 5-foot easement has been provided on the north boundary with the Outlot. Outlot A has 10-foot wide easements provided on the east and west, with a 5-foot easement provided on the south. No easement has been provided on the north side of the Outlot that abuts the Public Works site, due to the fact that it is anticipated to be added/replated into the Public Works property. If the Outlot is not purchased by the City, one of the revisions needed on the plat will be to eliminate the easement between the Outlot and Block 1 and to add an easement along the north property line. As you are aware, the City Engineer has developed a plan for the use of the Property in conjunction with the Director of Public Works (Attachment B). The plan shows the property either being used as the location of a future salt dome or as an expanded storage area, should the dome be located behind the Public Works Garage. The plan shows a 40-foot wide landscaped berm (6 feet in height)that would be constructed between the Custom Mold property and the Public Works site, with 20-feet being located on City property and 20-feet being located on Custom Mold property. The berm and landscaping should address Custom Molds' concern about a buffer between the properties. The plan also shows landscaping in - 2 - the front (west) and rear (east) of the property, with the existing fence surrounding the Public Works property being extended around the Outlot. The salt dome is shown to meet the required setbacks in either location that is chosen, and the elevation section shows the relationship of the salt dome (29 feet in height plus a 4 foot foundation) to the Public Works Garage and the landscaped berm. Mr. Trieber has not yet had an opportunity to review or comment on the plan due to the fact that he has been out of town. The concerns about the excess fill have been resolved Custom Mold will need to excavate about 4,000 cubic yards of dirt off of the site to accommodate their expansion and their original plan was to deposit the excess fill on the Outlot. The City Engineer had indicated that if the Outlot was to be combined with the Public Works site, that the excess material proposed to be placed on the Outlot would not benefit Public Works, as the present grade of the existing site is adequate for Public Works use. The engineer indicated that it would be more desirable from the Public Works standpoint for any excess material from grading to be removed from the site. In our discussions with Mr. Trieber since the last EDA meeting, he has agreed that each party should be responsible for the removal of any excess fill on their portion of the property and has agreed not to deposit his excess fill on the Outlot property if the City purchases the site. When we last met with Mr. Trieber he indicated that the previous owner of the property at 5430 International Parkway had conducted soil tests /borings some time ago on the site at a time when he was considering the construction of a building on the property. Trieber indicated that he had reviewed the data prior to his purchase, that he believed several borings had been taken on what is now the " Outlot area ", and that he would make that data available to the City for review. The City has not yet received the soil tests /boring information for review We have no reason to believe that there is any contamination on the site, but as a safeguard the City Attorney has covered this issue in the Addendum to the Purchase Agreement. The Addendum states that the buyer shall have the right to enter upon the property prior to closing to conduct soil borings /tests to reveal any condition of the soil, within a reasonable time, and at the buyer's expense. If the tests would not be to the buyer's satisfaction, the Purchase Agreement would be null and void. - 3 - I_ have discussed the proposed purchase price on this property with Brad Bjorkland of BCL Appraisals and it is his feeling that the price is a little high, but reasonable, taking into consideration the fact that the property is located adjacent to property already owned by the City The asking price is $78,760, which calculates out to (.88 acres = 38,332 square feet / $78,760 ) $2.05 per square foot. In 1990, BCL Appraisals conducted an appraisal of the vacant industrial property at 5501 Boone Avenue, just east of the Custom Mold site. Based on the Market Data Approach, comparing the cost of acquiring an equally desirable substitute property based on land sales, and based upon the assumption that the subsoils were stable and not contaminated, that property was appraised at $1.95 per square foot. Prices have dropped since that appraisal was completed and Bjorkland feels that $1.75 - $1.80 per square foot is a reasonable price for vacant industrial land in the current market (Bruce Paddock paid $1.90 per square foot for the Minnegasco site and Bjorkland felt that was too high). On the other hand, Bjorkland said that a smaller parcel, such as the one at 5430 International Parkway, could have a higher per square foot value. He also indicated that the value to the City could be as much as 50% greater than the market price (up to $3.00 per square foot) if the acquisition assisted the City with expansion or made the existing City parcel more "whole or complete ". The funds for the acquisition would be taken from Central Garage /Public Works as per discussions with yourself and the Director of Finance. The City Attorney has prepared the enclosed Purchase Agreement (Attachment C) for review/ approval. Mr. Trieber has not had an opportunity to review the agreement due to his absence. The agreement is fairly straight- forward, however their are two issues of which you should be aware: 1) taxes, and 2) special assessments. The agreement is written so that the real estate taxes on the property would be prorated on a calendar year basis to the actual date of closing. There are special assessments owing on the property for a 1984 street improvement project in the amount of $1353.36. This amount would have to paid off prior to November 14th of this year to be removed from the tax rolls. The Purchase Agreement is written so that the seller is responsible for paying off all special assessments at the closing. - 4 - As indicated, staff is trying to arrange a meeting with Mr. Treeber prior to the November 12th Council /EDA meetings to review the above information with him and to insure that he is in agreement with it. If a meeting can be scheduled and Treiber is in agreement, the City can proceed to act on both the Final Plat and the possible purchase of the property. If a meeting cannot be arranged, I would recommend tabling both issues to a later date. - 5 - ATTACHMENT A • • 1 2. B. OCK 3 ' 1 \ i � -NORTH LINE OF LC' 2, BLOCK 3, EXTENDED EAST I- NO200' W 69° �^ - 302,81 S89 °02'00 "E 34471 N �F N� 1 ID 0'i "i j.. 0 Z \ ` m J 10 T _ DRAINAGE 6 UTILITY EASEMENT _1 `I (-- - 299 B6 S 69 ° Et 59 E M °' 6v 1 �0 m 01 W 0 y \- -SOUTH LINE OF NORTH 29013 FT OF C N C ;� PART OF LOT 1, BLOCK 2, LYING SOUTH i i0 OF NORTH LINE OF LOT 2, BOCK 3, 5 Np- EXTENDED -- - — - - - -- — ! - 0_ L 0 r- �,. cZ � 10 CD W W 4 W l .+ Al 299.89 N89 °0200 "W - - 1 --� �- NORTH LINE OF SOUTH 200 FT Of LOT I. O S 1/4 COP 7 n6,P 2' 1r CI M FOvh 1� "1 0 SO 100 SCALE IN F[ET ty ATTACHMENT B fgstaofty n..nn w.t x 9 msiopu "" MOLLV= C1NQt1@ aftu 81" ou"°H = - VV 'U Bum C rvu I o$ w N K ATTACHMENT C N0 ':l - 0--9 1 W ED 9 : 1 S C0RR 2 C � S0NDRAL.t_ P 02 ....•�. ;1.- l PURCHASE M1110r-UAV1.1 0QA1f- OrM(( r012) JJ� -0144 MINNE OTT ST A NDARD RESIDENTIAL AGREEMENT ,; Copyright 1988, by Hennepin County Bar Association, Minneapolis, Minnesota, BEFORE YOU USE OR SIGN THiS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS, Hennepin County Bar Association disclaims any liability arising out of use of this form, 1 1. PARTIES. This Purchase Agreement is made on November . 1 , 19 by and between (Name) Cu Stom M old & Design, Inc. � of 3 5420 International Parkway, Hope, MN 55428 (marital status) (Address} SELLER, AND ) Economic Develo A uthor it y in and for the Ci of N @w HO }¢g joint tenants istrlko "Joint lanants•' {Ncrmo Y nnoy 1n corn is in !cndod OF (Address) 4401 &Lion Avenue No rth, New Hope, MN 55428 , BUYER, F, 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Salter agrees to sell real property legally described as 7 Outlet A, Preliminary Plat of Custom ,Mold Addition dated 915/91, containing .88 acre e 4 located a treo ddrass) 5430 International. Parkwa _ t U City of 1�Rw r Op Count of Fib CAZZl - - --'- "- - County „ State of Minnesota 11 3, ACCq ANC DEA I offer to purchase, unless accepted sooner, shall be null and void at 11:59 PM. 1 2. (date) and in such event all earnest money shall be refunded to Buyer, 13 d. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE.+ 4XStilt ?g7d11K9t74Gt157247pM�}6,pr; 4 ��> �pa�c��tx; �x�3r�a��scr�ata��xc��cpCxic�a��xca +�c .�t��>����w,�� NK 17 I{ )V70 }Ott?'b{t s7"11QW.4�yQ]�Q7dt?` CMG' G�1klt% f}{ i7Ct�LX1PC} 5? tUC7t0�G�tiX�Qti4K741 }(Q➢4741?C:('�42�£i]C 19 7�li�M►.3o]ct�GkxR • s¢4t.�e 2U. 21 s 2 5, PRIC AND TERMS. Thp ric f r th real and personal property included in this sale is Seventy -Eight Thousand Seven n fiundred�ix ,ty__and.l�l'o�1a4Q.t - _�__�_�--------------- --- �_� ___ ( 6 Dollar 24, which Buyer shall pay as follows, Earnest money of S zero b r;, nn(1h c „ „arc, sr. ;rc. w,r ,r "+ 25 receipt of which Is hereby ac posited the next busines des after acce nce, st account of listing broker, unless 26, specified in writing) and $ • 1 c? cash on �►1Der ��, J ��� s the DATE OF CLOSING, Ai 6. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a General Warranty 29 Deed, joined in by spouse. If any, conveying marketable title, subject to; 30 (A) Building and zoning laws, ordinances, state and federal regulations; 31 (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; 3h. (C) Reservation of any mineral rights by the State of Minnesota; 33. (D) Utility and drainage easements which do not Interfere with existing Improvements; 34 (E) Exceptions to title which constitute encumbrances, restrictions, or easQMonts which have been disclosed to Buyer and accepted 35. by Buyer In this Purchase Agreement; (Must be specified in writing,) None 36. 37. 38 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro•aied 39. between Sclior and Buyer on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement, 40 [ RfrrAn not c1nrl ELLER SHALL PAY on Date of Closing all ins'a' r-ents 41 of special assessments certified for pay ment with the real estate taxes due and payable in the year of closing, 42. ( ,41r,k, , otrt One] 1 JMN /SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date o+ this 43. agreement, 44• nut c�rrrtJ1�AR.�Xgjc�SLISFi SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this 45. agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's provision for payment 46. shall be by payment into escrow of 1 times the estimated amount of the assessments,) As of the date of this Agreement, Seller represents that Sclier 47. has not received a Notice of Hearing of a new public Improvement project from any governmental assessing authority, the costs of which project may 48 be assessed against the property. tl a special assessment becomes pending after the date of this Agreement and before the dale of closing. Buyer 49, may, at Buyer's option; 50. A. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the property; or, 51. B, Require Seer to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a comm ens- 52. urate increase in the purchase price of the property, which increase shall be the same as the estimated amount of the assessment; or, 53 C. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 54 [ r:rrrhr' nr,f gnr•j SEfit 6C Xk ySCrtpOt�Et LER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes or special assessments 55. payment of which Is required as a result of the closing of this sale, 58 Buyer shall pay real estate taxes due and payable In the year following closing and thereafter and any unpaid special assess m�a t payable,th r 57. and thoreafter, t)to Payment of which Is not otherwise provided heroin, Seller warrants that taxos duo and Payable in tho yoar(sj 1 �rlt! q�_ 59 or of future sp ecia l I,n will bn [ � , sp cial l a a ,U, „J ,o ,.,,,• ssessments. .�,,,, „) homostood classification. Boller makes no representation concerning the amount of future real ostato taxes a r.n f?. DAMAGES TO RFAL PROPERTY it thr,� rn- 11MnArt1i (Cal *Cf -0, 1u„ .1,... ».. A -.1.._ _. GO. e. DAMAGES TO REAL PROPERTY. If the real property Is substantially damaged prior to closing, this Agreement shall terminate and the earnest- 61. money shall be refunded to Buyer, It the real property Is damaged materially but less than substantlalty prior to closing, 8uyor may roselnd this fat Agreement by notice to Seller within twenty-one (21) days after SaHor notifies Buyer of such damage, during which 21 -day period Buyer may Inspect 63, the rear property, and In the event of such rescission, the earnest money shall be refunded to Buyer. r 64 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARF}ANTIES. 65, So #ter warrants that there is a right of access to the real property from a public right of way, Seller warrants that G6. there has boon na Iabar or material furnished to the property for which payment has not been made, Seller warrants that there are no present 67 violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for 68 deed. f,1 10. CO NDITION OF PROPERTY .�?U tare t2�X�7 iA4�Xa�d�} 5' r{ �C7{ DG�?C�{ t}( �t�itQ�G7{ �u�StL�GXSG >~CCd�}ta(Qd��tlZ�� ik�CK�1 �r" A, " 3C} C � : I Q t' �' q. T�? Qs) C �G? tX' �i���` �KK�I. XDd+ lit} C tQC. KXXXY, 7Q: KC�iRKf># p�` i' t�? C} �'} C17Qt' C. XIQI (t}tl'QS4lQ7t�Jsit'�]C&?t04.}C' K}CIK.k?430TC#J�t'��C "' t XA' td�K�' G2�74," �7�Xtht�tt) tI1�pG�5�fJ{. XXXXX. 7C�JIt% t�Cfi, �il�t' �t:} �7t�d` 4Xi14�t' i�t: �. tki3tD41tiGJi15t�jX1{ tptX3{ 7d; Kt7t�Xri4dk. X�. �4Dfi�tt��G }{}�},�0{1�j;,'�t3QH�i �lCSoltor shall remove ell debrle And all por,onal property not Encluded )n this gale from the property before possession %'� date, Sailor has not rec ©iva a naticca pi ny gpvernmenta uth rIi s # the oxis once of ony dutch e m d'sease, oak will, or olht?r dl'ease of 1 arry tre4S on the property. ate 7r', Setlore warranties and representations contained in #his paragraph 10 shalt survive tha delivery of the Deed or Opntract for Dood, p Ira rovided that Any notice of a detect or claim pl breacrt of warranty must ba in writing and given by Buyer to Seller within one 77 year of the date of closing or be deemed waived, 78 Buyer shall have the right to have Inspections of the property conducted prior to closing, Unless required by local ordinance or lending regulations, 79 Seiler does not plan to have the property inspected. Other than the representations made In this paragraph 10, the property Is being sold "AS IS" with 80 no express or Implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any 8 particular purpose. (This paragraph Is not intended to waive or modify anv provisions of MINN, STAT. Chnntar S27A t NOV— G-9 WED 9 : 20 CORR I CK & SON DRALL P . 03 Form,Nd. 1519.2 t0c1, 801 nnnloi•Onvta topnl FarrnO (412) 392 Si 44 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT /PAGE 2 82. 11, DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any taw, ordinance or reguta- 83 lion. If the property Is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants, 84 12, TRUTH -IN- HOUSING. Sayer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report If required by the munic- 85, ipality in which the property is located, 86. 13, POSSESSION. Seller shat deliver possession of the property not later than—day s>f fig. 87 closing, All interest, fuel oil li uid petroleum gas, and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the !tit pnrtios as of._.,.F 89. 14, EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Setter shall furnish Buyer with an Abstract of Title or a 90, Registered Property Abstract certified to date Including proper searches covering bankruptcies and State and Federal judgments, liens, and levied 91 and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either 92 to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to mako an application for a Title 93 Insurance policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to 94 provide Seiler with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the 95 applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless 90 a Warranty Deed is not specified above. 97 15, TITLE CORRECTIONS AND FIEMEDIES, Seiler shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon 98, receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 99 day period, Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not dolay the 100. closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the 101 closing shall be postponed. 102. A. if notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that 103 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 104 within ten (10) business days or on the scheduled closing date, whichever is later. 105 B. It notice Is given and Seiler proceeds In good faith to make title marketable but the 120 day period expires without title being made marketable, 106 Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and 107, earnest money shall be refunded to Buyer. 108 C. If Seller does not give notice of intention to make title marketable, or if notice Is given but the 120 day period expires without title being made 109 marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following; 110 1. Proceed to closing without waiver or merger in the doed of the objections to title and without waiver of any remedies, and may: i t i (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall 112 be limited to the cost of curing objections to title, and consequential damages are excluded); or, 113 (b) Undertake proceedings to correct the objections to title; 114 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void 115. and all earnest money paid hereunder shall be refunded to Buyer; 116, 3, Damages from Seller Including costs and reasonable attorney's foes, as permitted by law; 117, 4. Specific performance within six months after such right of action arises, t18, D, It title Is marketable, or is made marketable as provided herein, and Buyer defaults In any of the agreements herein, Seller may elect either of 119 the following options, as permitted by law, 120 1, Cancel this contract as provided by statute and retain all poymonts made hereunder as liquidated damages, The parties acknowledge 121. their Intention that any note given pursuant to this contract Is a down payment note, and may be presented for payment notwithstanding 122. cancellation; 123. 2, Seek specific performance within six months after such right of action arises, Including costs and reasonable attornoy's foes, as 124, permitted by law. 125. E, it title is marketable, or is made marketable as provided herein, and Seller defaults In any of the agreements herein, Buyer may, as permitted by 1213, law; 127, 1. Seek damages from Seller Including costs and reasonable attorney's fees; 128, 2. Seek specific performance within six months after such right of action arises. 129, TIME IS of THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT, 130. 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1., above and 131, if mailed, are effective as of the date of mailing. 132. 17. AGENCY DISCLOSURE. (Name of soiling aunt or soiling broker) NO Agent DIS. 133. CLOSES HE OR SHE IS REPRESENTING THE (BUYER OR SELLER) IN THIS TRANSACTION. THE LISTING 134, AGENT OR BROKER DISCLOSES THAT HE OR SHE IS REPRESENTING THE SELLER IN THIS TRANSACTION. SELLER'S SELLER'S BUYER'S BUYER'S INITIALS INITIALS INITIALS INITIALS (0610) (Palo) (01110) (polo) 135. 18. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seiler shall pay all subdivision expenses and 136 obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be 137, approved for recording as of the date of closing, 138- 19. MINNESOTA LAW, This contract shall be governed by the taws of the State of Minnesota 13g, 20. ADDITIONAL TERMS. This Purchase reement is contingent upon approva by the g b oard o f B 141, + . 4 2, ;'3. 142. 143, 144 145, 146 21, ADDENDA, Attached are (number) one . addends which are made a part of this Agreement, 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 recommonda- tion or representation Is made by either the listing broker or selling broker as to the legal sufficiency, the legal effect, or the tax consequences of this contract, These are questions for your lawyer. I agree to sell the property for the price and terms and conditions set forth above, SELLER tb;i;T— SELLER (OC110) Closing shall be at tho office of: Ngm4? City of New Hope___ I agree to purchase the property for the price and terms and conditions set forth above, BUYER, Economic Development Authority in and for the -City Of- Now 140pe Woody'. Executive Director (0016) Address _,_46,01..Xylo.rL_Av_en1Ae_ -Nor NOV— i —S 1 W EI) 10 :48 iCOdRR I CK & SO W DRALL P. 02 ADDENDUM TO PURCHASE AGREEMENT This is an Addendum to a Purchase Agreement between the parties dated November 1, 1991 for property legally described as: Outlot A, Preliminary Plat of Custom Mold Addition dated 9/5/91, containing .88 acres, Hennepin County, Minnesota. If there is any conflict between the terms of this Addendum and the terms of the Purchase Agreement, the terms of this Addendum shall control. 1. From the date of this purchase Agreement until the closing, Seller shall not place any fill or other materials or other debris on the property, 2. The Buyer shall have the right to enter upon the property prior to closing to conduct soil borings or other soil tests designed to reveal any condition of the soil, including but not limited to, support for structural improvements to the property and the presence of hazardous wastes or contaminated soil. Any such tests shall be conducted at a reasonable time and with minimal disturbance to the property. Any such tests shall be done at Buyer's sole expense. If the results of any such tests are not to Buyer's complete satisfaction, at Buyer's option this Purchase Agreement shall be null and void. 3. The date of Closing may be postponed by written agreement of both parties, and shall be postponed until such time as the filing of the final plat Of Custom Mold Addition. 4. Seller represents that Seiler has no knowledge of the use or storage of any hazardous materials or wastes on the property. Dated this day of , 1991. CUSTOM MOLD & DESIGN, INC. 2Z Its ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By Its Executive Director SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 10/16/1991 PROPERTY ID LOT BLOCK ADDITION 06-118 -21 -34 -0002 001 002 62420 ADDITION NAME /LEGAL SCIENCE INDUSTRY CENTER N 290 13 &100 FT OF THAT PART OF LOT 1 LYING S OF THE N LINE OF LOT PROPERTY ADDRESS UNIT - - ----- SPECIAL FLAGS - - ----- 5430 INTERNATIONAL PKWY 1-- 2-- 3-- 4-- 5-- 6-- 7-- 8- -9 - -10 NEW HOPE MN 55428- Press ENTER; or F1, F4, F5, F7, F8 Main Prev 2 74 Next Summary Exit SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 10/16/1991 PROPERTY ID: 06-118-21-34 -0002 S /A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 008857 STREET IMP NO 375 1984 15 12.0000 2900.00 193.33 1353.36 002459 SAN SEWER MAIN 59 23 1961 30 6.0000 2591.11 0.00 0.00 CL - - -- -- SUMMARY OF LEVIED 2900.00 193.33 1353.36 * * * * ** 1991 P &I CERTIFIED 378.93 - - - --- SUMMARY OF PENDING 0.00 0.00 0.00 - - - - -- SUMMARY OF CLOSED 2591.11 - - -- -- SUMMARY OF HISTORY 0.00 L:j l Press ENTER; or F1, F4, F5, F7, F8 Main Prev 2 72 Next Go To Exit MINNESOTA STANDARD It. ROM PURCHASE AGREEMENT CCopyright 1988, by Hennepin County Bar Association, Minneapolis, Minnesota, BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Hennepin County Bar Association disclaims any liability arising out of use of this form. 1. 1. PARTIES. This Purchase Agreement is made on November 1 , 19 91 , by and between 2, (Name) Treiber Properties, a Minnesota Partnership ,of 3. (Address) 5420 International Parkwav New Hope MN 55428 (marital status) SELLER, AND Economic Devel Authority in and for the Ci of Ho p %, joint tenants Is "joint tenants" 4. (Name) Pm y y f N H � -in� common is intended) OF 5. (Address) 4401 Xylon Avenue North, New Hope, MN 55428 BUYER. 6, 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as 7 Outlot A, Preliminary Plat of Custom Mold Addition dated 9/5/91, containing .88 acre 9. located atLStree Address) 5430 Internation_a_l Parkway lo. City of 0 Ope , County of 1 i ennePIn , State of Minnesota 11, 3. ACCEee TANCEE,,D 12. (date) EAD (NE. Jl pffer to purchase, unless accepted sooner, shall be null and void at 11:59 P.M. lleCember �7 , 1`31 , and in such event all earnest money shall be refunded to Buyer. 13. 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. 4. 15. I & 17. ' 18. 19. Nnna `'0 21. 22. J P IC A ( r f� D TERMS. Tjle,pric�,fgf h real and personal property included in this sale is Seventy -Eight Th ousand Seve 23. ndT8� J�.�'ty anCl 1VOy lU�t S--------- ----- ----------- ----- - - - - -- Do ($ - � ) 24. which Buyer shall pay as follows: Earnest money of $ _zero b cn0 note orate "mien ) 25. receipt of which is hereby acN gwleclggdltsl be deposited the next businesfo after a cceptancei9,4ft account of listing broker, unless otherwise 26. specified in writing) and $ /tS /bll UU cash on 1leCemDer 51 Nyl the DATE OF CLOSING, 27. 28 6. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a General Warranty 29. Deed, joined in by spouse, if any, conveying marketable title, subject to: 30,. (A) Building and zoning laws, ordinances, state and federal regulations; 31. (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; 32, (C) Reservation of any mineral rights by the State of Minnesota; 33. (D) Utility and drainage easements which do not interfere with existing improvements; 34. (E) Exceptions to title which constitute encumbrances, restrictions, or ease�l which have been disclosed to Buyer and accepted 35, by Buyer in this Purchase Agreement; (Must be specified in writing.) 1V 36. 37. 38. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated 39. between Seller and Buyer on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement. 40. [ Strke our one] ELLER SHALL PAY on Date of Closing all installments 4.��1. of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 42. [ Strike out ore] F1058CSbIAd1DaG21nW SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date of this 43. agreement. 44. [ Strike out o:•te] SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this 45, agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's provision for payment 46. shall be by payment into escrow of 1 times the estimated amount of the assessments.) As of the date of this Agreement, Seller represents that Seller 47 has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may 48. be assessed against the property. If a special assessment becomes pending after the date of this Agreement and before the date of closing, Buyer 49. may, at Buyer's option: 50. A. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the property; or, 51. B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commens- 52, urate increase in the purchase price of the property, which increase shall be the same as the estimated amount of the assessment; or, 53. C. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 54. [ Strike out one] R1ZSMKKKXXKMW SHALL PAY ON DATE OF CLOSING any deferred real estate taxes or special assessments 55. payment of which is required as a result of the closing of this sale. 56. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments ayable therewi h 57. and thereafter, r payment of which is not otherwise provided herein. Seller warrants that taxes due and payable in the year(s) 191 and 19 2 58. will be ( FULL w NUWsrate when) homestead classification. Seller makes no representation concerning the amount of future real estate taxes 59. or of future special assessments. 60..8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Agreement shall terminate and the earnest 61. money shall be refunded to Buyer. it the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this 62.' Agreement by notice to Seller within twenty -one (21) days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect 63. the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 64. 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. 65. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that 66. there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present 67. violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for 68. deed. ;:9. 10. CONDITION OF PROPERTY. 70 71. Seller shall remove all debris and all personal property not included in this sale from the property before possession date. Seller has not received any notice from ny governmental uth ri s t rty A be` the exis ence of any dutch e m ore po ease, oak wilt, or other di ease of -. any trees on the property. Sell shah remove al ni Trom t�te propessession date, Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed, provided that 3, any notice of a defect or claim of breach of warranty must be in writing and given by Buyer to Seller within one year of the date of closing or be deemed 77, waived. 7 . Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, 79. Seller does not plan to have the property inspected. Other than the representations made in this paragraph 10, the property is being sold "AS IS" with SO no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any 81, particular purpose. (This paragraph is not intended to waive or modify any provisions of MINN. STAT., Chapter 327A.) MINNESOTA STANDARD ERM PURCHASE AGREEMENT /PAGE 2 62, 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regula 83. tion. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 84. 12. TRUTHAW HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the munic 85, ipality in which the property is located. 8 6. 13. POSSESSION. Seller shall deliver possession of the property not later than DAY OF CIOSTNG 87. closing. All interest, fuel oil, li uid petroleum gas, and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the 88, parties as of pnS.SFSST 89 14. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer with an Abstract of Title or a 90. Registered Property Abstract certified to date including proper searches covering bankruptcies and State and Federal judgments, liens, and levied 91 and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either 92. to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title 93. Insurance Policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to 94. provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the 95. applicable ten (10) day period for above, except that this shall not operate as a waiver of Sellers covenant to deliver a statutory Warranty Deed, unless 96. a Warranty Deed is not specified above. 97. 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyers written title objections to make title marketable. Upon 98, receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 99, day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the 100. closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the 101 closing shall be postponed. 102. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that 103. 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 104 within ten (10) business days or on the scheduled closing date, whichever is later. 105. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, 106 Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and 107. earnest money shall be refunded to Buyer. 108. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made 109, marketable due to Sellers failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: 110. 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: 111. (a) Seek damages, costs, and reasonable attorneys fees from Seller as permitted by law (damages under this subparagraph (a) shall 112. be limited to the cost of curing objections to title, and consequential damages are excluded); or, 113 (b) Undertake proceedings to correct.the objections to title; 114. 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void 115, and all earnest money paid hereunder shall be refunded to Buyer; 116. 3. Damages from Seller including costs and reasonable attorney's fees, as permitted by law; 117. 4. Specific performance within six months after such right of action arises. 118. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of 119, the following options, as permitted by law: 120. 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge 121 their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding 122. cancellation; 123. 2. Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as 124, permitted by law. 125. 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 126. law: 127. 1. Seek damages from Seller including costs and reasonable attorneys fees; 128. 2 Seek specific performance within six months after such right of action arises. 129. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 130, 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph f., above and 131 if mailed, are effective as of the date of mailing. 132. 17. AGENCY DISCLOSURE. (Name of selling agent or selling broker) No Agent DIS- 133. CLOSES HE OR SHE IS REPRESENTING THE (BUYER OR SELLER) IN THIS TRANSACTION. THE LISTING 134. AGENT OR BROKER DISCLOSES THAT HE OR SHE IS REPRESENTING THE SELLER IN THIS TRANSACTION. SELLER'S SELLER'S BUYER'S BUYER'S INITIALS INITIALS INITIALS INITIALS (Date) (Date) (Date) (Date) 135. 18. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and 136, obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be 137. approved for recording as of the date of closing. 138. 19, MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 139 20. ADDITIONAL TERMS. This Purchase Agreement is contingent upon approval by the governing too, board of Buyer. 141, 142. 143, 144. 145, 46. 21, ADDENDA. Attached are (number) One addenda which are made a part of this Agreement 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 recommenda- tion or representation is made by either the listing broker or selling broker as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. I agree to sell the property for the price and terms and conditions set forth above. SELLER Treiber Properties, a Minnesota rti (Date) s x `( Its General Partner (Date) Closing shall be at the office of: Name City of New Hope Company /Firm Name - I agree to purchase the property for the price and terms and conditions set forth above. BUYER Economic Development Authoritv in and for the Ci r o ew (Date) MMMX B : k/ r I ts'Executi v hector (Dare) Address 4401 Xylon Avenue City New Hope, MN _ Zip 55428 ADDENDUM TO PURCHASE AGREEMENT This is an Addendum to a Purchase Agreement between the parties dated November 1, 1991 for property legally described as: Outlot A, Preliminary Plat of Custom Mold Addition dated 9/5/91, containing .88 acres, Hennepin County, Minnesota. If there is any conflict between the terms of this Addendum and the terms of the Purchase Agreement, the terms of this Addendum shall control. 1. From the date of this Purchase Agreement until the closing, Seller shall not place any fill or other materials or other debris on the property. 2. The Buyer shall have the right to enter upon the property prior to closing to conduct soil borings or other soil tests designed to reveal any condition of the soil, including but not limited to, support for structural improvements to the property and the presence of hazardous wastes or contaminated soil. Any such tests shall be conducted at a reasonable time and with minimal disturbance to the property. Any such tests shall be done at Buyer's sole expense. If the results of any such tests are not to Buyer's complete satisfaction, at Buyer's option this Purchase Agreement shall be null and void. 3. The date of closing may be postponed by written agreement of both parties, and shall be postponed until such time as the filing of the final plat of Custom Mold Addition. 4. Seller represents that Seller has no knowledge of the use or storage of any hazardous materials or wastes on the property. 5. The Warranty Deed given by Seller to Buyer shall contain the following restriction: Grantee shall riot place any fill or other materials on the above-described real estate which exceed the following height above the existing grade elevation: 8'0" for the area within 150 feet of the easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the easterly boundary of the International Parkway roadway easement. 6. This paragraph contemplates Seller constructing an earthen berm centered upon, running the length of, and covering land 20' on either side of the common border between Outlot A and Lot 1, Block 1, all in Custom Mold. The berm shall reach a maximum height of 5'0" directly over the common border between said Outlot A and Lot 1, Block 1, and the height of the berm shall be sloped evenly and gradually downward until the height is zero feet above the existing grade along lines 20' north of and 20' south of said common border. Buyer grants Seller a temporary right of entry over the Southerly 20' of Outlot A, Custom Mold, to conduct an earthen berm as described above, said right of entry to terminate the _ day of 1992. Seller shall pay all costs of construction of the berm, except that when construction of the berm is completed, Buyer shall sod or seed at Buyer's own expense that portion of the berm located on Outlot A. Seller agrees to construct said berm in a good and workmanlike manner and to first secure all necessary permits and authorizations. Seller agrees to indemnify and hold Buyer, its agents and employees, harmless from all claims, damages and losses arising out of or resulting from the construction of the berm by Seller. All agreements, terms and conditions of this Addendum Paragraph 6 shall survive the closing of this sale /purchase, and shall not be merged with any deed given at said closing. Dated t h i s day of 1 991 . TREIBER PROPERTIES, A MINNESOTA PARTNE IP By: Its General Partner ECONOMIC DEVELOPMENT AUTHORITY IN AND fOR THE CITY OF W HOPE B , I is Exe t i v D i recto - J'd* * ' i IkQ4p de-t W 4 6 March 22, 1995 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Science Industry Center 3rd Addition Our File No: 99.15034 Dear Valerie: ft& ; 1,3 ,l` q Puj. L/& Enclosed for safekeeping please f i n d the following Certificates of Title. 1. CT 800709. This covers a portion of the public works property, and is issued in the name of the City of New Hope. 2. CT 800710. This involves the registered portion of the public works property that used to be Outlot A, Custom Mold. This was owned by the EDA. 3. CT 800711. This certificates covers the Doyle /Lee property involved in the condemnation. This property is owned by the EDA. The balance of the public works property not represented in Certificates 800709 and 800710 is abstract. These Owner's Duplicates should all be retained in the usual manner. Please contact me if you have any questions. Sincerely, &VWht'4'eA Martin P. Malecha s3w Enclosures cc: Kirk McDonald Steven A. Sondrail, Esq. CORRICK & SONDRALL, P.A. STEVEN A. SONDRALL ATTORNEYS AT LAW LEGAL ASSISTANTS MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza LAVONNE E. KESKE SHARON D. DERBY WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425 -5671 FAX (612) 425.5867 March 22, 1995 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Science Industry Center 3rd Addition Our File No: 99.15034 Dear Valerie: ft& ; 1,3 ,l` q Puj. L/& Enclosed for safekeeping please f i n d the following Certificates of Title. 1. CT 800709. This covers a portion of the public works property, and is issued in the name of the City of New Hope. 2. CT 800710. This involves the registered portion of the public works property that used to be Outlot A, Custom Mold. This was owned by the EDA. 3. CT 800711. This certificates covers the Doyle /Lee property involved in the condemnation. This property is owned by the EDA. The balance of the public works property not represented in Certificates 800709 and 800710 is abstract. These Owner's Duplicates should all be retained in the usual manner. Please contact me if you have any questions. Sincerely, &VWht'4'eA Martin P. Malecha s3w Enclosures cc: Kirk McDonald Steven A. Sondrail, Esq. - � �_ -le 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531 -5100 FAX (612) 531 -5174 April 28, 1993 Mr. Glen Busitzky Principal Appraiser A -2103 Government Center Minneapolis, MN 55487 Subject: 1993 PROPERTY TAX STATEMENT FOR OUTLOT A, CUSTOM MOLD ADDITION Dear Glen: Enclosed are documents pertaining to the above - referenced issue, which we discussed by phone several weeks ago. The City received a 1993 Property Tax Statement for the property in the amount of $2,290.50. The statement shows that the property is owned by the New Hope Economic Development Authority, however it does not show the property to be tax exempt. I have enclosed a copy of the deeds for your records. Two deeds were required because the property was both abstract and Torrens. As you can see, the closing took place on April 29, 1992, thus no taxes should be due and payable for 1993. The taxes were paid in full for 1992. The City is proposing to combine the outlot with the existing Public Works property at 5500 International Parkway and we are presently in the process of getting the property platted. The City intends to utilize the property for Public Works storage, etc. as we are proposing to erect a salt storage facility on the existing site. Please see enclosed preliminary plans. I trust that this information will answer any questions you had and that you can proceed to process this outlot to a tax- exempt status. Please contact me if you have any questions. Sincerely, Kirk McDonald Management Assistant /Community Development Coordinator KM /lb Enclosure: Copy of Tax Statement Deeds Plans cc: Dan Donahue, City Manager Larry Watts, Director of Finance /Administration Improvement Project File No. 488 Family Styled' City For Family Living HENNEPIN COUNTY REAL ESTATE 1993 VALUATION NOTICE FOR TAXES PAYABLE IN 1994 COUNTY ASSESSOR CITY OF NEW HOPE A2103 GOVERNMENT CENTER MINNEAPOLIS MN 55487 �r�s�rr�r��r�n( re�rfln�n����ln�rt�n�n��r� 'rnnr��r��rr) NEW HOPE ECONOMIC DEV AUTH 4401- XYLON ; AVE N NEW HOPE MN -55428 -4843 1993 CLASSIFICATION PROPERTY ID NO LAND- COMMERCIAL NONHOMESTEAD 06- 118 -21'34 -0017 1993 ESTIMATED MARKET VALUE 38,700 _Market value is defined as the mbst probable price that a well in'form'ed buyer would pay a well informed; seller for a property without - either party being unduly forced to buy or sell. The valuation of your property is based on reported and recorded market data collected; over the past year. The market data used for your valuation is from properties` similar to yours.- The classification of your property is controlled by state law and is ,based on the use of the property. If you have ;information that indicates your valuation or classification is incorrect, you may 'call 348 -3046 within the next 5 business days. You can then discuss this information with an appraiser. If after discussing your information with an appraiser, you feel you still have reason to appeal your valuation or classification, the methods of appeal are: THE LOCAL BOARD OF REVIEW THE BOARD IS SCHEDULED FOR - DATE APR 22 TIME 7:00 PM LOCATION NEW HOPE COUNCIL CHAMBERS THE HENNEPIN COUNTY BOARD OF EQUALIZATION The board will meet beginning on June 14, 1993. You gust have appealed to the Local Board of 'Review to be eligible to appeal to the - County < Board of Equalization. For an appointment to appeal to the County Board you must call - 348` - 5076 - -by JUNE 7. -1993 MINNESOTA TAX 'COURT State law also provides that a` property owner can appeal to the Minnesota Tax Court. For information on the Tax Court contact the Tax Court office 520 Lafayette Road, 2nd Floor,' St. Paul, MN 55155. Telephone No. 296 - 2806., HENNEPIN COUNTY I 1993 PROPERTY TAX STATEMENT DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS 1 1 1 � HENNEPIN COUNTY GOVERNMENT CENTER HC 1330 I�, CO 11 L � MINNEAPOLIS, MINNESOTA 55487 -0063 1 A U Use this copy to claim Property Tax Refunds. Office Hours - 8 to 5 - Monday - Friday Read back for information on eligibility and how Phone 612 - 348 -3011 to obtain forms. File by August 15th. Hearing Impaired with TDD Equipment 612 - 348 -3461 TAXPAYER OR AGENT TAXPAYER OR AGENT NEW HOPE ECONOMIC DEV AUTH NEW HOPE ECONOMIC DEV AUTH 4401 XYLON AVE N 4401 XYLON AVE N NEW HOPE MN 55428 I NEW HOPE MN 55428 OWNER NEW HOPE ECONOMIC DEV AUTH r wear a waaaxsgxx ..rwaes'* ,, •.. MUNIC 6� X4 -21 4 '' Ot 86 Jse these amounts when filling out Form M -1 PR to see if (ou are eligible for one or both of the refunds available. Line 1: i n 3 Property Class: OWNER NEW HOPE ECONOMIC DEV AUTH SCHOOL MUNIC DISTRICT 0,6 118 21 '1 86 281 PROPERTY ADDRESS 86 ADDRESS PENDING R ADDITION CUSTOM MOLD LOT BLOCK SHED R 0 OUTLOT A MTG CODE 8 comet'%mm"), I If this box is checked you owe delinquent taxes and F_ If this box is checked you owe delinquent taxes and may not apply for the Property Tax Refund until the m By not apply for the Property Tax Refund until the taxes are paid or a confession of judgement is en- taxes are paid or a confession of judgement is en. tered into. Contact our office for the amount due. I tered into. Contact our office for the amount due. Alow Imnrnv®mnnfc fnr Rir,. Im.,r .,.... -- +- 4— Taxes Payable 1992 N/A in 1993 Payable 1993 Payable 1992 VACANT LAND N/A LOAN NO. F- L B Z 4 1993 Property Class: SEWER DISTRICT 02 Payable 1993 VACANT LAND DETACH PAYMENT STUB MERE BEFORE MAILING - ...®.— - ------ .,..- - - - - -- 4 THIS STUB MUST ACCOMPANY FIRST HALF PAYMENT Pay on or before May 15, 1993 to avoid penalty. Please read reverse side for payment information. TAXPAYER OR AGENT NEW HOPE ECONOMIC DEV AUTH 4401 XYLON AVE N NEW HOPE MN 55428 If name and /Or address as shown above are Li not correct, check box and make correction an back of this form. ST HALF PAY S 1993 MUNIC MTG CODE LOAN NO. 86 844 PROPERTY ADDRESS 86 ADDRESS PENDING Kin 11' 1 ff FULL TAX FOR YEAR I RD 06 -1'i81 34 t'17 2,290.50 211180634001700022905000011452521118063400178 Pay this amount no later than May 15, 1993 ................ 1,145.25 Pay this amount no later than October 15, 1993 ............. 1,145.25 Make Check Payable to HENNEPIN COUNTY TREASURER DETACH PAYMENT STUB HERE BEFORE MAILING THIS STUB MUST ACCOMPANY SECOND HALF PAYMENT Pay on or before October 15, 1993 to avoid penalty. ND HALF Please read reverse side for payment information. 2PAY STUB TAXPAYER OR AGENT NEW HOPE ECONOMIC DEV AUTH 4401 XYLON AVE N NEW HOPE MN 55428 MUNIC MTG CODE LOAN NUMBER 86 844 PROPERTYADDRESS 86 ADDRESS PENDING 211180634001700000000000011452521118063400174 1993 PROPERTY TAX STATEMENT PLEASE READ RACK OF FORM FOR 7LAKI AVIER'S 00nV PENALTY,, PAYMEKIT AN ESCROW INFORMATION HC1330 (11/91) PID 06- 118 -21 34 0017 1992 1993 1. Use this amount on Form M -1 PR to see if you're eligible for a property tax refund . ...................... ............................... .00 2. Use this amount for the special property tax refund on schedule 1 of Form M -1 PR .............................. r Property Tax And How It Is Reduced tat 3. Property tax before reduction by state paid aids and credits ..... 3,443.32 4. Aid paid by the state of Minnesota to reduce your property tax ... 1,152.82 5. Credits paid by the state of Minnesota to reduce your property tax: a. Homestead and agricultural credit ...................... .00 b. Other credits ....... ............................... .00 6. Property tax after reduction by state paid aids and credits ...... i Pay this amount no later than May 15, 1993 ................ 1,145.25 Pay this amount no later than October 15, 1993 ............. 1,145.25 Make Check Payable to HENNEPIN COUNTY TREASURER DETACH PAYMENT STUB HERE BEFORE MAILING THIS STUB MUST ACCOMPANY SECOND HALF PAYMENT Pay on or before October 15, 1993 to avoid penalty. ND HALF Please read reverse side for payment information. 2PAY STUB TAXPAYER OR AGENT NEW HOPE ECONOMIC DEV AUTH 4401 XYLON AVE N NEW HOPE MN 55428 MUNIC MTG CODE LOAN NUMBER 86 844 PROPERTYADDRESS 86 ADDRESS PENDING 211180634001700000000000011452521118063400174 COFZMCK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS CORRICK LAW OFF CES, PA� TOORRICK LEGAL ASSISTANTS Edinburgh Executive Office Plaza WILLIAM STEVEN A. SONDRALL, P.A. 8525 Edinbrook Crossing LAVONNE E. KESKE STEVEN A.SONDRALL SHARON D. DERBY #203 MICHAEL R. LAFLEUR Suite MARTIN P. MALECHA Brooklyn Park, Minnesota 55443 WILLIAM C. STRAIT TELEPHONE (612) 425-5671 FAX (612) 425-5667 April 16, 1993 Mr. Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Purchase of Outlot A, Custom Mold Our File No: 99.11089 Dear Kirk: As you requested, enclosed please find copies of each of two deeds by which the EDA became owner of Outlot A, Custom Mold. Two deeds were required because the property was both abstract and Torrens. I included two sets of deeds, one for you and one to mail in to the County. If you need anything else, please let me know. Sincerely, Martin P. Malecha Asst. New Hope City Attorney I s3f Enclosures 5905838 ( y�'.i Form No. 9 -M -- Warranty Deed, Corporation or Partnership to Corporation or Partnership No delinquent taxes and nsff*r- e eyed; Certificate of Real Estate Value (��f `c� not required Certificate of Real Estate No. B ''' 1• ; ?ii':' �,;: : r., .?) r 1 ? County Auditor y n W2 Deputy STATE DEED TAX DUE HEREON: $ 130.35 Date: April 29 1992 OFFICE OF CO'i..';T Y'RECORDER HEL' C(L5TY, I ,!N ?IESOTA pi CE" 1: -!!-) ! FD „ND OR C.;:i:D 0. 92 APR 29 PH 12: 47 AS D0 CUM, -E:;T A 90'- Of ��*<°°�+ CO. RECOK By EPU (ietetved retarding data) FOR VALUABLE CONSIDERATION, Treiber Properties, a Iinnesota General Partnership Consisting of Duane G. Treiber and Jeffrey Treiber. Partners, a General Partnership under the laws of Minnesota , Grantor, hereby conveys and warrants to _ Economic Development Authority in and for the City of New Hope Grantee, a Municipal Corporation under the laws of Minnesota real property in Hennepin County, Minnesota, described as follows: Outlot A, Custom Mold, according to the plat thereof on file and of record in the office of the Hennepin County Recorder and in the office of the Hennepin County Registrar of Titles. Subject to restrictions, reservations, and easements of record, if any, and subject to the following restrictions: Grantee, its successors or assigns, shall not place any fill or other materials on the above described real estate which exceed the following height above the existing grade elevation: 8'0" for the area within 150 feet of the Easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the Easterly boundary of the International Parkway roadway easement. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: TREIBER PROPERTIES, a Minnesota General HENNEPIN COUNT Partnership, Consistin of Duane G. Treiber PROPERTY TA'X' DE° and effrey S. Treiber, Partners f*4 DEED TA;; FA ID 04/29/92 11 :3eAH PAID 3hy!1, /RRTN�if AFFIX DEED TAX STAMP HERE and Its By: ,Jim/ -�r Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on the 29th day of April 1992, by and �f E S GLf� the and L� of _,Treiber Properties a Minnesota General Partnership Consisting of Duane G. Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota on behalf of the Part ershi A NOT PAUL D Q�QVE 1 JB�I�EMfNNE50TA (OR TITb$NK0I y SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Mfr COmmIsabn Expires Dec. 28,1997 �(enire x Tax Statements for the real property described %n eon in this instrument should be sent to (Include THIS INSTRUMENT WAS DRAFTED BY name and address of Grantee): (NAME AND ADDRESS): ARNOLD & McDOWELL ECONOMIC DEVELOPMENT AUTHORITY 5881 Cedar Lake Road in and for the City of New Hope Minneapolis, Minnesota 55416 4401 Xylon Avenue No. (612) 545 -9000 New Hope, Minnesota ( AT 9, 0,;) Form No. 9 -M -- Warranty Deed, G poration or Partnership MAY 2 6 19921 � to Corporation or Partnership ! No delinquent taxes and,tranpfe htered; Certificate f R E oeal state Value (L) file,c� )not required U rn o Certificate of Real Est -t ltie No. ` 1� -g- PATRICK H. O'i3OPJ:WH e a rirt, } y Auditor � — 3 STATE DEED TAX DUE HEREON: $ - 130.35 I (reserved for recording data Date: April 29. 1992 FOR VALUABLE CONSIDERATION, Treiber Properties, a Minnesota General Partnership Consisting of Duane G. Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota , Grantor, hereby conveys and warrants to Economic Development Authority in and for the City of New Hope Grantee, a Municipal Corporation under the laws of Minnesota real 1 } property in Hennepin County, Minnesota, described-as follows: Outlot A, Custom Mold, according to the plat thereof on file and of record in the office of the Hennepin County Recorder and in the office of the Hennepin County Registrar of Titles. Subject to restrictions, reservations, and easements of record, if any, and subject to the following restrictions: Grantee, its successors or assigns, shall not place any fill or other materials on the above described real estate which exceed the following height above the existing grade elevation: I 1 8'0" for the area within 150 feet of the Easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the Easterly boundary of the. International Parkway roadway easement. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: TREIBER PROPERTIES, a Minnesota General HENNEPIN COUNTY Partnership, Consisting of Duane G. Treiber PR!0F'ERT1 TA;{ DEF d Jeffrey S. Treiber, Partners MN DEED TAY, PAID 04/29/92 11.:•3EAM F °AID $1.'0..35 By: Its /'Ail riVEA- AFFIX DEED TAR STAMP HERE and By: W S ' STATE OF MINNESOTA) Its ) SS, COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on the 29th day of A ril 1992, by 0c,49 -"e 6 7?F - /Qt 2 and the and PASS of Treiber Properties, a Minnesota General Partnership Consistin¢ of Duane G Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota on behalf of the Partnershi x , � as NOT 9f1�tYA=ESOTA (OR T4"Ef* Cb6W) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT 1M ErpkN Dec. 28,1907 ' " Tax Statements for the real property described in this instrument should be sent to (Include THIS INSTRUMENT WAS DRAFTED BY name and address of Grantee): (NAME AND ADDRESS): ARNOLD & McDOWELL ECONOMIC DEVELOPMENT AUTHORITY 5881 Cedar Lake Road in and for the City of New Hope Minneapolis, Minnesota 55416 4401 Xylon Avenue No, 5905838 0_ Form No. 9- M-- Warranty Deed, Corporation or Partnership to Corporation or Partnership No delinquent taxes and t ' eyed; Certificate of Real Estate Value ( fiE� a e not required Certificate of Real Estate , No. • *;s+�� aa. U� 1 . ,� ; B �i ^ RrnCunty Auditor y .__ o n 4? Deputy. STATE DEED TAX DUE HEREON: $ 130.35 Date: April 29. 1992 FOR VALUABLE CONSIDERATION, Treiber Properties. a 'Minnesota General Partnership Consisting of Duane_G. Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota , Grantor, hereby conveys and warrants to _Economic Development Authority in and for the City of New Hope Grantee, a - Municipal Corporation under the laws of Minnesota real property in Hennepin County, Minnesota, described as follows: Outlot A, Custom Mold, according to the plat thereof on file and of record in the office of the Hennepin County Recorder and in the office of the Hennepin County Registrar of Titles. Subject to restrictions, reservations, and easements of record, if any, and subject to the following restrictions: Grantee, its successors or assigns, shall not place any fill or other materials on the above described real estate which exceed the following height above the existing grade elevation: 8 1 0 " for the area within 150 feet of the Easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the Easterly boundary of the International Parkway roadway easement, THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: TREIBER PROPERTIES, a Minnesota General HENNEPIN COUNTY Partnership, Consisting of Duane G. Treiber PROPERTY TAX DEP and -Jeffrey S. Treiber, Partners M41 DEED TAX PAID 04/29/9 11 -3EAM F "AID Sj;yrl.' ' AFFIX DEED TAR STAMP HERE and Its /;f'frAr& By: wn/ -S % /n Its pwz STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on the 29th day of April 1992, by _ OuBNC` /drR and K S= CSf' the and of _Treiber Properties, a Minnesota General Partnership Consistine of Duane G Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota on behalf of the Part ershi NOT ftMr PAUL D. DOVE PhER (OR NIQ?�lt �y SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ubn Exp ires Dec. 28,1997 g t/ene . x n Tax Statements for the real property described j n Co�.� in this instrument should be sent to (Include THIS INSTRUMENT WAS DRAFTED BY name and address of Grantee): (NAME AND ADDRESS): ARNOLD & McDOWELL ECONOMIC DEVELOPMENT AUTHORITY 5881 Cedar Lake Road in and for the City of New Hope Minneapolis, Minnesota 55416 4401 Xylon Avenue No. (612) 545 -9000 New Hope, Minnesota 6A7 i,t, OFFICE OF 6U,A0 RECORDER HER"EHi C(':!!; i Y, tiW1 1 ESOT A 92 APR 29 PH 12: 47 AS DOCUIIE :;T n c T.f 19cI"19:. CO. Pam By - (reSErve - for'rtndiding data) FOR VALUABLE CONSIDERATION, Treiber Properties. a 'Minnesota General Partnership Consisting of Duane_G. Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota , Grantor, hereby conveys and warrants to _Economic Development Authority in and for the City of New Hope Grantee, a - Municipal Corporation under the laws of Minnesota real property in Hennepin County, Minnesota, described as follows: Outlot A, Custom Mold, according to the plat thereof on file and of record in the office of the Hennepin County Recorder and in the office of the Hennepin County Registrar of Titles. Subject to restrictions, reservations, and easements of record, if any, and subject to the following restrictions: Grantee, its successors or assigns, shall not place any fill or other materials on the above described real estate which exceed the following height above the existing grade elevation: 8 1 0 " for the area within 150 feet of the Easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the Easterly boundary of the International Parkway roadway easement, THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: TREIBER PROPERTIES, a Minnesota General HENNEPIN COUNTY Partnership, Consisting of Duane G. Treiber PROPERTY TAX DEP and -Jeffrey S. Treiber, Partners M41 DEED TAX PAID 04/29/9 11 -3EAM F "AID Sj;yrl.' ' AFFIX DEED TAR STAMP HERE and Its /;f'frAr& By: wn/ -S % /n Its pwz STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on the 29th day of April 1992, by _ OuBNC` /drR and K S= CSf' the and of _Treiber Properties, a Minnesota General Partnership Consistine of Duane G Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota on behalf of the Part ershi NOT ftMr PAUL D. DOVE PhER (OR NIQ?�lt �y SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ubn Exp ires Dec. 28,1997 g t/ene . x n Tax Statements for the real property described j n Co�.� in this instrument should be sent to (Include THIS INSTRUMENT WAS DRAFTED BY name and address of Grantee): (NAME AND ADDRESS): ARNOLD & McDOWELL ECONOMIC DEVELOPMENT AUTHORITY 5881 Cedar Lake Road in and for the City of New Hope Minneapolis, Minnesota 55416 4401 Xylon Avenue No. (612) 545 -9000 New Hope, Minnesota 6A7 i,t, Form No. 9 -M -- Warranty Deed, G - poration or Partnership MAY 2 6 199 21 � to Corporation or Partnership ! STATE DEED TAX DUE HEREON: $ 130.35 I (reserved for recording data Date: April 29. 1992 FOR VALUABLE CONSIDERATION, Treiber Properties a Minnesota General Partnership Consisting of Duane G._Treiber and Jeffrey S Treiber Partners a _ General Partnership under the laws of Minnesota Grantor, hereby conveys and warrants to Economic_ Development Authority in and for the City of New Hope Grantee, a Municipal Corporation under the laws of Minnesota real 1 property in _ Hennepin County, Minnesota, described.as follows: Outlot A, Custom Mold, according to the plat thereof on file and of record in the office of the Hennepin County Recorder and in the office of the Hennepin County Registrar of Titles. Subject to restrictions, reservations, and easements of record, if any, and subject to the following restrictions: Grantee, its successors or assigns, shall not place any fill or other materials on the above described real estate which exceed the following height above the existing grade elevation: J b i 1 8'0" for the area within 150 feet of the Easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the Easterly boundary of the International Parkway roadway easement. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT RNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: TREIBER PROPERTIES, a Minnesota General HENNEPIN COUHTY Partnership, Consisting of Duane G. Treiber PROPERT'J TA„ DEP d Jeffrey S. Treiber, Partners MN DEED TAX PAID 04/29/92 11 ?38AM F °AID 51..'..0.35 By: Its AFFIX DEED TAX STAMP HERE and Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on the 29th day of April 1992, by 0C,,6 -'E G 7 F /QC 2 and the and of _Treiber Properties, a Minnesota General Partnership Consisting of Duane G. Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota on behalf of the Partnershi M A NOT L (OR TI1&A A SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT My E:pkrs Tax Statements for the real property described in this instrument should be sent to (Include THIS INSTRUMENT WAS DRAFTED BY name and address of Grantee): (NAME AND ADDRESS): ARNOLD & McDOWELL ECONOMIC DEVELOPMENT AUTHORITY 5881 Cedar Lake Road in and for the City of New Hope Minneapolis, Minnesota 55416 4401 Xylon Avenue No, d No delinquent taxes and,transfe ntered; Certificate =- of Real Estate Value (L) fixed 'V not required Certificate of Real Estate' life No, 4 R L :1 7io ID n ;! PATRICK M. :M1s13? i:�a &m>�tt, Auditor By (S) a lJ 9 Deputy C: � N , _ STATE DEED TAX DUE HEREON: $ 130.35 I (reserved for recording data Date: April 29. 1992 FOR VALUABLE CONSIDERATION, Treiber Properties a Minnesota General Partnership Consisting of Duane G._Treiber and Jeffrey S Treiber Partners a _ General Partnership under the laws of Minnesota Grantor, hereby conveys and warrants to Economic_ Development Authority in and for the City of New Hope Grantee, a Municipal Corporation under the laws of Minnesota real 1 property in _ Hennepin County, Minnesota, described.as follows: Outlot A, Custom Mold, according to the plat thereof on file and of record in the office of the Hennepin County Recorder and in the office of the Hennepin County Registrar of Titles. Subject to restrictions, reservations, and easements of record, if any, and subject to the following restrictions: Grantee, its successors or assigns, shall not place any fill or other materials on the above described real estate which exceed the following height above the existing grade elevation: J b i 1 8'0" for the area within 150 feet of the Easterly boundary of the International Parkway roadway easement; 20'0" for the area more than 150 feet from the Easterly boundary of the International Parkway roadway easement. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT RNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: TREIBER PROPERTIES, a Minnesota General HENNEPIN COUHTY Partnership, Consisting of Duane G. Treiber PROPERT'J TA„ DEP d Jeffrey S. Treiber, Partners MN DEED TAX PAID 04/29/92 11 ?38AM F °AID 51..'..0.35 By: Its AFFIX DEED TAX STAMP HERE and Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on the 29th day of April 1992, by 0C,,6 -'E G 7 F /QC 2 and the and of _Treiber Properties, a Minnesota General Partnership Consisting of Duane G. Treiber and Jeffrey S Treiber Partners a General Partnership under the laws of Minnesota on behalf of the Partnershi M A NOT L (OR TI1&A A SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT My E:pkrs Tax Statements for the real property described in this instrument should be sent to (Include THIS INSTRUMENT WAS DRAFTED BY name and address of Grantee): (NAME AND ADDRESS): ARNOLD & McDOWELL ECONOMIC DEVELOPMENT AUTHORITY 5881 Cedar Lake Road in and for the City of New Hope Minneapolis, Minnesota 55416 4401 Xylon Avenue No, d 4401 Xy /on Avenue North New Hope, Minnesota 55428 Phone: 531 -5100 FAX (612) 531 -51 April 27, 1993 Mr. Gregory Prasch Lot Surveys Company 7601 73rd Avenue North Minneapolis, MN 55428 Subject: CITY OF NEW HOPE PLAT OF SENIOR OUTREACH SERVICES AND PUBLIC WORKS PROPERTY AT 5501 BOONE AVENUE AND 5500 INTERNATIONAL PARKWAY Dear Mr. Prasch: I am writing to inform you that at their April 26th Council meeting the New Hope City Council approved your quote of $1,550.00 for the platting of property at 5501 Boone Avenue and 5500 International Parkway. Per the enclosed map, the City understands that the plat will include 4 properties, as follows: -the vacant lot at 5501 Boone Avenue, -the north 75 feet of the property at 5425 Boone Avenue, -the existing Public Works Garage property at 5500 International Parkway, and -the northerly portion of 5430 International Parkway, which was acquired from Custom Mold and is to be combined with the Public Works site Please proceed with the plat. If you have any questions or would like to meet first to discuss the plat before the work proceeds, please contact Doug Sandstad, Building Official (531 - 5122), or myself (531- 5119). Thanks for your cooperation. Sincerely, Kirk McDonald Management Assistant /Community Development Coordinator KM /lb Enclosure: Address Map cc: Dan Donahue, City Manager Doug Sandstad, Building Official Mark Hanson, City Engineer Steve Sondrall, City Attorney Valerie Leone, City Clerk Improvement Project; yNy%l N For Family living CORRICK LAW OFFICES, PA WILLIAM J. CARRICK STEVEN A. SONDRALL, P.A. STEVEN A.SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT January 20, 1993 CORRICK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425.5671 FAX(612)425 -5867 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Custom Mold Acquisition Our File No: 99.11089 Dear Valerie: LEGAL A88ST.W TS LAVONNE E. KESKE SHARON D. DERBY Enclosed for EDA records please find Owner's Duplicate Certificate of Title No. 775194 covering that portion of Outlot A, Custom Mold, which is registered property. Your intention to place the Owner's Duplicate in the City's safety deposit box is a good idea. Please contact me if you have any questions. Sincerely, Martin P. Malecha s3w Enclosure