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2009-LAND SALE DOCS a CITY OF FRIDLEY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 CITY COUNCIL ACTION TAKEN NOTICE April 5, 1989 James P. Bowe 2546 - 3rd Street N.E. Minneapolis, MN 55418 Dear Mr. Bowe: On April 3 , 1989, the Fridley City Council officially approved your request for a special use permit, SP #89-02, to allow the construction of a single family dwelling in the Flood Fringe District on property located on Lots 13, 14 and 15, Block M, Riverview Heights, the same being 7919 Broad Avenue N.E. , with the following stipulations: 64 A grading and drainage plan shall be submitted and approved prior to any alteration of the land and the issuance of the building permit, and the grading and drainage plan shall 4/1 specifically address the effects on surrounding properties. The lowest floor elevation must be 823 .9 feet or higher and the elevation must be maintained for 15 feet around the structure. V The petitioner shall receive approval from the City Council to permit the deck to encroach into the City's easement. Prior to the issuance of the building permit, the property v owner shall sign a covenant to be recorded at the County, releasing the City from any liability fy issuance of this special use permit. The City Council also approved your bequest to encroach up to 12 feet into the City's flood easement subject to executing the enclosed agreement. Please sign and notarize the attached agreement and return it to my office. The City Attorney's office is currently preparing the agreement required by stipulation #4 . I will forward it to you for your signature as soon as possible. CERTIFICATE OF SURVEY FOR \L)\NE KURTH SURVEYING INC. I NENLNT CLNTlfI TNAT TNTC CUNVLT.PLAN.ON NCPONT MAL PNLPANLO 4002 JEFFERSON STREET N.E. -NY ME ON..OLA NT DINL,;T SUPENVISION AND T 1A A DULY COLUMBIA HEIGHTS MINNESOTA 00421 Mf GI1TL A D S NVE ON uN0�T IAMi9FTiI[ TATE Of MINNECOTA. C17-TNN-N1�N CATS �I-1-C ` .4 r'N7' RG�cI $-30 5 SCALE I MINNESOTA REGISTR TION NO. \(.,\\ O�IRON M� MONUMENT FJJNp •>s.Od.4.P K,t• t T - F..CNC.HTOP IVOT RYD _-"-_L`Y-•ST I�c.o•vz oaQ- \cam,u•I�CR-vA� 'bJ;4ALD ZCOAvgy-. Suva rIc N- e>10.0\ �®`=PR�Posrn CONTOui� �ou►.1D�T lOt�1 1--oL�T I O M � �l.0-1�AT 101 S SUNG ZCoI lgt3q N . i 1.. �l 7 J I Tor r;ocL,Gcl(. azz.3 JN 1, a 0 r > 7 O 1 ° r l Top SLM-t�CL.EV• ' N •a rn N \S SuFFAI D `�TRCCT e,e40.ox 1 ' 6 -oCK K ) YZ\\1 CRS!SEW �E-k v -T �Nor:A PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, April 28, 2008, at 7 :30 p.m. for the purpose of : Consideration of an ordinance declaring certain property to be surplus and authorize the sale thereof, legally described as Lots 4 through 8 , inclusive, of Block M, Riverview Heights, generally located on Springbrook Creek NE of the intersection of Broad Avenue and 79th Way. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Julie Jones, Planning Manager at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 25, 2008 . The TDD number is 763-572-3534 . SCOTT J. LUND MAYOR Publish: April 17, 2008 � S City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday,April 28,2008,at 7:30 p.m.for the purpose of: Consideration of an ordinance declaring certain property to be surplus and autho- rize the sale thereof, legally described as Lots 4 through 8, inclusive, of Block M, Riverview Heights, generally located on Springbrook Creek NE of the inter- section of Broad Avenue and 79th Way. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Julie Jones,Planning Manager at 763-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572- 3500 no later than April 25,2008. The TDD number is 763-572-3534. SCOTT J.LUND,MAYOR Published: April 17,2008 (Apr.17,2008)f2-PHN Sale-Broad&79TH CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE CITY COUNCIL TO: All property owners/residents within 350 feet of property, generally located at Springbrook Creek NE of intersection of Broad Avenue and 79th Way. APPLICANT: City of Fridley PURPOSE: Consideration of an ordinance declaring certain property to be sur lus and authorize the sale thereof. LOCATION OF Springbrook Creek NE of the intersection of Broad Avenue and 79 PROPERTYAND Way. LEGAL DESCRIPTION: Lots 4 through 8, inclusive, of Block M, Riverview Heights DATE AND TIME OF City Council Meeting: HEARING: Monday, May 5, 2008, 7:30 p.m. The City Council Meetings are televised live the night of the meeting on Channel 17. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers 6431 University Avenue N.E., Fridley, MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 30, 2008. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Julie Jones, Planning Manager, at 763-572-3599. Publish: April 17, 2008, (Meeting date was published for 4-28-08, but meeting was postponed to May 5, 2008). li• i:.yL CITY OF COMMUNITY DEVELOPMENT DEPARTMENT FRIDLEY PUBLIC HEARING NOTICE \ o `• 8061 , I ± • 1 ,y,,,. \ i r� I I \11 00 \ S90 \ -�' w�\ Nw `, "' I o Lrl i ; 8080 \ ON i 8051 1, \ d'o� ` \- . - ; --....__ �ti. \ 80� 361 7 , s N 440 i� co , ± 470 ` cP 540 _ ;i 3 t t 601 V• ff t =', \t � \t �� •t\ �'��.-.,,...--�`"� ' .,,.-•`" -� 'I O �/` til \_o \�\\\�`�� `� It on LQ o t 514 465 Q / 8000 �` \ t � tN • �i I .- \ L/ � 7 9 - 98 520 7981 450 w N P o 990 6,1 \ o I 1 t i ' I t � t t t , 7951 ' ' rn c�i� I w t o • t 6'0 �' I -r I cn ; -4 -4 -4 o tp _ _ ....... ........±. ............... _.. O ` t tt c90 `` - tc: - , 11 . �.'' 555 ' t 468 �.....,..,. w I o I. N o { o 541 }- Lj 600 t \ c9 I -4 t i __._....._.._.._.. ........._- t ._...__.-..............f........---........i.......-....._.........._-...................t......-- -._..... - — SOURCES N Fridley Engineering Consideration of an ordinance Fridley GIS Anoka County GIS declaring the property surplus and wE authorizing the sale of the property. Map Date:April 23, 2008 S Rini 81358140 8100 ai 14 CII �CI of Fridley 812 so �, w, A eoa its 120 ,� CivicSight Map Ink A w 8066 R r 26 7�7 777 Q SAO o r' a 8061 8020 MAP COMMENTS: w Nom, o 8080 8016 (X) rn '�' ZA Properties within 350 ft- vm > wcrl } 0 00 �% W _ '� � � X361 �8012 MAP LEGEND: 0000 0 s0 N�� 0 470 440 L 7J CITY LIMITS ` cS `P 8 540 0 360 $ppo ra ro ro ro ro ❑WATER 0 c5` O cT �w m m m �l rn m D rn S� � 1P. � 1 w o m oolvaty F1 PARKS O s w �, 350 8 g0 0 650 0 o j T� v�g'S� rn tir• El PARCELS " 3 c o N Q��'- !• "�% 465 . o m dD rn QD a �': cr • ► •• 305 w mmmmm m 8021 �', 641 8 ••y / ` 000 LIbfRTY ST ER so 94t . s cos �o o • Mai, 520 •.450"< a o 7990 300 mw owo o o a 1* ' cr Tg� r 'iV F 51 ti Aa"aa aaw 7969 wwraly rn D., Za o m CC5 10 3 79 i r, �i � -r Wim } 9 305 ' } mow N`*� 7941 0 �� x " LONGFELLOW ST LONGF a� :co 556 a•Sa. A A w 94 `00 290 w, 7921 =QiS� 468 "t � • 5#1 9 �g3g • 2\ c� .*" ••� ," ' �•� s 1 t7 I c�'a m `-' 321 ••+ s • 9TH WAY Y NZ, 7898 78 340 7897 7892 7892 7886 �V g ,� t0.Y 45 `.�� ►� 7868 4' b� 7860 �� 1� ,p ti Alb � i 1`8 Reference Map 4� 1 1\C1Map Scale:finch=422 feet Map Date:4/23/2008 ON— Data Date:February 13,2008 Sources:FRIDLEY GIS ANOKA COUNTY ASSESSOR'S OFFICE - I Disclaimer. Copyright 02006-River's Edge GIS,LLC. LUTZ GARY J &SUSAN M POMEROY FRANK& BERNADINE STIVERS JILL MARY 467 79TH WAY NE 455 79TH WAY NE 450 LONGFELLOW ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JAMES CLYDE N & SHARON E WELLMAN RUBY E HENNES ANGELA M &LUST S D 430 LONGFELLOW ST NE 467 LONGFELLOW ST NE 455 LONGFELLOW ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 US BANK NATIONAL ASSN TRUSTEE CURRENT OCCUPANT LINQUIST DOUGLAS A & KAREN 701 CORPORATE CENTER DR 447 LONGFELLOW ST NE 450 LIBERTY ST NE RALEIGH, NC 27607 FRIDLEY, MN 55432 FRIDLEY, MN 55432 GIMPL SANDRA E SWANN MONTGOMERY W& C J MACK JOEL W& DENNY DENISE L 500 DOVER ST NE 465 LIBERTY ST NE 470 ELY ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY CITY OF FRIDLEY CITY OF GEMMILL LUVERNE 6431 UNIV AVE NE 6431 UNIV AVE NE 468 LONGFELLOW ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MORGAN WILLIAM A& CYNTHIA M COPELAND DAVID DORMOH TANNEH 479 79TH WAY NE 7981 BROAD AVE NE 7995 BROAD AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SCHELLER ROBERTA FRIDLEY CITY OF LAGESSE GARLAND C JR & JANE 524 DOVER ST NE 6431 UNIVERSITY AVE NE 7951 BROAD AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55421 FRIDLEY, MN 55432 CARLSON JOANNE M SHOOP KRISTI MCCOY RENEE RUTH 7919 BROAD AVE NE 609 CHERYL ST NE 581 BUFFALO ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HRA CITY OF FRIDLEY CURRENT OCCUPANT GEMMILL LUVERNE 6431 UNIVERSITY AVE 611 BUFFALO ST NE 468 LONGFELLOW ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT OCCUPANT AMANAVICIUS EVALDAS HALDORSON VERN A & DIANNE 555 79TH WAY NE 501 79TH WAY NE 514 DOVER ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY CITY OF PEABODY TROY A &ANNA L CURRENT OCCUPANT 6431 UNIVERSITY AVE NE 608 CHERYL ST NE 608 CHERYL ST FRIDLEY, MN 55432 MPLS, MN 55432 FRIDLEY, MN 55432 NASON CLARK A & MARJORIE M LINDSTROM HARRIET FRIDLEY CITY OF 614 CHERYL ST NE 540 DOVER ST NE 6431 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT OCCUPANT HOLMAN KEVIN & PAULETTE FRIDLEY CITY OF 600 BUFFALO ST NE 571 79TH WAY NE 6431 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT OCCUPANT CHAPWESKE JUSTIN WRIGHT JOHN D JR & SUSAN A 541 79TH WAY NE 530 DOVER ST NE 520 DOVER ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 = AGENDA ITEM CITY COUNCIL MEETING OF APR. 28, 2008 CITY OF FRIDLEY Date: April 24, 2008 To: William Burns, City Manager A From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Subject: Ordinance Declaring Certain Property Surplus and Authorizing Sale Background About a year ago, Planning staff was approached by Justin Chapweske, who lives at 530 Dover Street NE in Fridley, regarding the possibility of purchasing vacant land south of his property. This property is actually five, narrow, land-locked lots owned by the City. Engineering staff was consulted and reported that the land was no longer needed by the City. The Chapweske's are interested in combining this property with their property at 530 Dover as it would give them access to Springbrook Creek and provide added feasibility to install a retaining wall to protect their back yard from erosion. Staff has worked with the City Attorney to develop a purchase agreement that establishes a selling price of the property of$12,435,which is $1/sq. ft.,the standard price the City has used for sale of non-buildable land. In the purchase agreement,the buyer is also obligated to pay the $1,500 cost of the public hearing process and all closing costs related to the sale. As required by statute, staff advertised a public hearing to consider the ordinance. After further thought, although it might not be required by statute, staff felt it best to also notify all property owners within 350' of the potential land sale. Since it is too late to meet the standard 10 day notification deadline, staff would like to postpone the public hearing until the next Council meeting. Recommendation Staff recommends that the City Council postpone the public hearing for the attached ordinance to the May 5 City Council meeting, allowing staff time to complete a mailing to all property owners within 350' of City owned property legally described as Lots 4 through 8, inclusive, of Block M, Riverview Heights, generally located on Springbrook Creek NE of the intersection of Broad Avenue and 79`h Way. 23 w 1 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lots 4 through 8, inclusive, of Block M, Riverview Heights, as recorded in the office of the Anoka County Recorder and subject to an easement of record SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer the property to Justin and Natalie Chapweske at 530 Dover Street NE, Fridley, MN for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,2008. SCOTT J. LUND—MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK Public Hearing: May 5, 2008 First Reading: May 5, 2008 Second Reading: Publication: 24 7; FEDERAL EMERGENCY MANAGEMENT AGENCY O.M-B.NO.3067-0147 FEMA USE ONLY ELEVATION INFORMATION ExpiresJuly31, 1997 PUBLIC BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average .63 hour per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing the form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden, to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, S.W., Washington, DC 20472; and to the Office of Management and Budget, Paperwork Reduction Project(3067- 0147),Washington, DC 20503. This form must be completed by a licensed land surveyor or registered professional engineer . These forms should not be used for requests involving Channelization, Bridges/Culverts, or Fill in the FEMA-Designated Floodway. Forms entitled Revisions to National Flood Insurance Program Maps(MT-2)should be used..The Elevtion Information Form must be included for all request, unless the request-is .for a.determination in which the FIRM already shows the property to be -CLEARLY outside the .SFHA. Cases in .which the determination for the property or structure is uncertain will require the .submittal-of elevation data to provide a definitive determination. If an elevation certificate has been completed for the subject property it maybe submitted in lieu of this form. (Seepage 7 ojinatruetions for details) 1.Community Name: A t,(Oy a. C00r{.Y- 2. Legal Description of Property:-LoT S k$ —Is �K�� t�(fR4.(lsuo �l:IC1M`CS 3.Flooding Source: ►SS i 5S 1 PF 1 I V G R DZ54. Based on the FIRM,this property is located in'Lone(s) I&,\?- 5. . Is any portion of this property located in the regulatory floodway? ❑ Yes ® No Are any structures(existing or proposed)located in the regulatory floodway? ❑ Yes Cg No 6. Is this area subject to land subsidence or uplift? ❑ Yes 10 No, If yes,what is the date of the current releveling? 7.What is the BFE for this property?(Provide elevation to nearest tenth of a foot and datum)* 3717-1°k Elevation N-0-q-S). 1129 Datum 8. 11 ow was the BFE determined? (attach a copy of the Flood Profile or table from the FIS report,if appropriate,or other necessary supporting information including Forms 3 and4 from forms entitled, "Revisions to National Flood Insurance Program Maps"(MT-2)). Logy OP C,lT'1 or f-z-k?LC-Y �.t.�,tyt. '. r-WOR J&DS A P," MA'? ca�lMdRtTy MN(l rto. 1.70003 00033 9. If a flood profile for the 500-year flood was provided in the FIS Report,what is the 500-year flood elevation for this property? Elevation Datum 10.If this request is to remove the SFHA designation from a parcel of land or lot(s),what is the existing or proposed_ elevation of the lowest grade;that is,the lowest ground on the property?(Provide elevation to nearest tenth of a foot and datum)* Elevation Datum FEMA Fotm 81-87A.OCT 94 Elevation Information form MT-1 Form 2 Paoe 1 of 2 i 11. If this request is to remove the SFHA designation from a structure(s),what is the elevation of the existing or proposed lowest adjacent grade;that is,the lowest ground touching the structure?(Provide elevation to nearest tenth of afoot and datum)* t6Z3.C\ 1y.(a.\[,1). , kq Z°t ElevationDatum 12.If fill has been/will be placed to elevate the structure(s)on this property,what is the existing or proposed elevation of the lowest floor,including basement and/or attached garage?(Provide elevation to nearest tenth.of a foot and datum)* 4iZ-t-g "Get syi•-6 t r+k) VL4.V:D', lq Zq ElevationDatum' 13. If any of the above elevations were.computed based on a datum different than the effective FIS,what is the . conversion factor?* PIS Datum= Local Datum Feet *For multiple lots/structures, complete the appropriate column(s) of the Summary of Elevations- Individual Lot.Breakdown form, identifying the.elevation for each lot/structure. To support items 9, 10, and 11, please note a map (certified by a licensed surveyor or registered professional engineer) may be requiredto relatethe ground elevations and locations ofstructures or lots.• The map should indicate whether it reflects"as-built"or"proposed"conditions. 14.All information submitted in support of this request is correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. Name: (please print or type) Title: l--P►nlQ �JJ t2-y y O (please print or type) Registration No. Expiration Date State M t K Kc-SaZ-N Telephone Number: blZ Is g7Gck REGISTERED LAND SURVEYOR Sig ature `fd I �pnt Q o Date Seal(Optional) Elevation Information Form MT-1 Form 2 Page 2 of 2 •_ FEDERAL EMERGENCY MANAGEMENT AGENCY FEMA USE ONLY O.M-B.Burden No.3067-0147 COMMUNITY ACKNOWLEDGMENT OF REQUESTS ExpiresJuly31, 1997 INVOLVING FILL PUBLIC BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average.88 hour per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing the form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden, to: Information Collections Management, Federal Emergency Management Agency, 500 C Street,S.W.,Washington, DC 20472; and to the Office of Management and Budget,Paperwork Reduction Project(3067- 0147),Washington,DC 20503. Community Name Property Name or Address We hereby acknowledge receipt and review of this Letter of Map Revision request and have found that the completed or proposed project meets or is designed to meet all of the community's applicable floodplain management regulations, including the requirement that no fill be placed in the adopted regulatory floodway. We understand that this request is being forwarded to FEMA for a possible map revision. For proposed projects,we understand that FEMA is being asked to provide comments on the potential effects of this project on the flood hazards of our community. Community comments on the proposed project: Community Official's Name: Mlaffr-- E (please print or Type) Address: 69+31 ()Mi VES-S1TY yE (please print or type) Daytime Telephone Number: Community Official's Signature Date C mmunityOfficial'sTitle FEMA Form 81-87C,OCT 94 Community Acknowledgement or Request Involving fill Focm MT-1 Form 4 CERTIFICATE OF SURVEY FOR =ir\ G&wM KURTH SURVEYING INC. ..A-1 ccw T+n i,,r TIUS SMkvci•PLAN....1P—T—A Ptt&—a;a 4002 JEFFERSON STHLET N.E. tli .Co...DL.Mi WML�T SMYL AWM.N J"AT t AlA DMtT COLUMMA HEIGHTS MIRNESOTA].1421 T f T MCc1allMLy�. O S v[Me Iw LATS V «[` MIC Mf aI1NrK SMiA. w3�i�Y-YlW OATS N' MINNESOTA REGISTRAITION NO.i,�� 1#10 1- �F-.D 5-��O'D`) 0- NUH MONUMENT ,�...+w.Ts HChcNtlA�l�- TO? ryuT KYD u 1 'Z tion '.cT lbJ'_FAt_D �3ca �� v•.:IUN-6_0.0\ i4i��_PtipPOSe D WnTpuiy Li J - CVT Df:.�11.1+.i.,L QSW f+LG O'N CDEIE DG.�YCWh�( pl(5 40 / / t , o IJ 1 • � N ' t , 1 I '1wJ l . vy , _ ,J � � ►r7kVX t- i 1. o 1 131 IV CGZ\1 1EV-4 �CkcgI_kT5 r\t'lo �v v>J`c�t ��1..1►�L`�O i A CERTIFICATE OF SURVEY FOR 2,2-WE KURTH SURVEYING INC. -L"COT CEwTfFT TWAT Tw14;fuNVEi,PLAN,ON REPORT t,AS PNEPANED 4002 JEFFERSON STREET H.E. =T rE ON UNOEN Ni DINE;T SuP A—WN ND THAT I A w w COLUMBIA HEIGHTS MINNESOTA 53421 NEGISTE A D S NVE ox uNO T LAN159fTNE FATE of MINNESOTA. Su-Twp-YTSY GATE �-I'I'S'3 z of MINNESOTA REGISTRaT10N NO, � h�kl D -3o'fs� O-MON SCALE (MONUMENT F"I o 40.1 SP SPIKZ 7 Z T µCNcHl1A�1 - TOP NUT KYD- a`1 •T H�6-5e-f UrFA1_D C-I�L,;"—f1,%I'I-&7,0,0\ =PR�Pos�n GOHTDA Foul.iD.c�T 1 qty �--oC1�T I�t-� £ ��AT tOl�l S �urtG ZCoI lgt3q B:7 N r_• Il 7 J CO V 1'' Toi et�t\6Lc�. tlZZ.3 J 7n r o TD7 bEDaa�G E,4 n 1� 3b,0- wetRDrt lt0 i 5 13, 1� 1 S, 5i-oc-K R 1�1 c R�(�EW KE1C�1�T5 �rtoKt" qtr JJ, _�,..J•'�."t• r t ¢ � yea. �4��t> 3�1'.��r`ii� 7 ■ rt`,7 LRrx�rJy, c�7 t i t �4 1 GyR �'fr+�E17�L�•>� x • � � ,�� J t�1 t a;�� y3, S ■ -hF�� .�rJ.4�yai•��r�r��✓ V, � MCM tlloel ew W T'rx-,., u� d r�{�'�' •qly;��'. • �n�`a�' {.!�K*r 9 rr'..'d Icy � '. •� � �� A� t lTTcpr •. �BM. as �I � , r i KEY TO MAP ER S.10•Vur Flood Sound,ry----- =y I I; I• RMW IOo.Ycar Flood Buundlfr _ FLOOOWAV FRINGE FLOOUNnV I)O.Year Flood BounJary� SOd•Vear Flood BounJary �• C I I 9lLLP..IR�• 0 7`� Approximate IOO•ytJt--J U wnv l� I I �Sl Flood Boundary I Cross Section Line \J �•� -- �t RN15+1 1 1 1 AAA it ' El—lion Reference\fart RN17x NATIONAL FL000 INSURANCE PROOR.1: Ft.."\file -M 1.5 `y. t VOTES TO USER 1'; rf 'Z< '1 I .� ., ` �9 I - c_�--x wn�- �A�j 9oundaries of the flood,"%were computed at crass sections and F L 00 D WA Y interpolated between cross sections.The flood.sys wet,based on 'I 1 � !` I y 't s P } I hydraulic considerations with regard to requirements of the L VFLOOD BOUNDARY AND federalinsurance Administration. _ ,a„�1 -� . �� FLOODWAY MAP chis map was preparedto facilitate flood plain management 1 I' 1 �1 ''1 -,,;Gr,� �• actirilils only;it may not show all special flood herald areas 1 1' , in the community or all ptanim<trlc features outside of the flood � � s t'.'.1 ': '�...� CITY OF plain. Refer to the latest official Flood Insurance Rate MAP I �� '+ � , w_ ; a.4F7 erg Q'y F R[D L E Y, for any additional areas of special flood hoard• I - .•e,;t.a MINNESOTA For adjoining map panels,we separately orinted Inde.to.Nap .� 9 A`OKA COUNTY PANEL 3 OF 4 1 45EE NAP INDEX POR PANELS!IOr PnIVTED) BANFILL r� ISLAND _ 1 COMMUNITY-PANEL NUMBER 210013 OIr93 B EFFECTIVE DATE: MARCH 2, 1981 v APPROXIMATE SCALE � federal emergency management agency SOO 0 600 FEET federal insurance administration' fj CITYOF HaDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432• (612) 571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 20, 1999 Michael & Claudia Geis 520 Dover Street Fridley, MN 55432 Dear Mr. & Ms. Geis: On October 11, 1999, the Fridley City Council officially approved your request for a Vacation, SAV#99-04, Resolution #77-1999, to vacate a portion of Cheryl Street between Lots 1-9, Block L, and Lots 25-32, Block M, Riverview Heights Addition, Anoka County, Minnesota, generally located at Cheryl Street. Approval of this Vacation Resolution #77-1999, is contingent upon the following stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. 2. Petitioner shall grant a drainage and utility easement across all land south and east of the 840' elevation line. 3. New home shall not be built on slopes exceeding a 12% grade change. 4. During construction of new home, silt fencing shall be used where applicable. 5. Petitioner to pay $750 park fees only for the new lot, prior to issuance of building permits. 6. Petitioner to pay all water and sewer connection fees. 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. Also, on October 11, 1999, the Fridley City Council officially approved your request for a Plat, PS #99-04, for a subdivision to replat property into 2 separate properties, legally described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 28 and 29, Block L, and Lots 1, 2, 3, 25, 26, 27, 28, 29, 30, 31, and 32, Block M, Riverview Heights, and that portion of vacated Cheryl Street lying easterly of the southerly extension of the westerly line of said Lot 9, and westerly of the southerly extension of the east line of Lot 1, Block L, all of Riverview Heights, Anoka County, Minnesota, generally located at 520 Dover Street. Approval of this Plat is contingent upon the following stipulations: I 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. 2. Petitioner shall grant a drainage and utility easement across all land south and east of the 840' elevation line. 3. New home shall not be built on slopes exceeding a 12% grade change. 4. During construction of new home, silt fencing shall be used where applicable. 5. Petitioner to pay $750 park fees, only for the new lot, prior to issuance of building permits. 6. Petitioner to pay all water and sewer connection fees. 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 8. Plat approval is subject to approval of SAV #99-04. If the street vacation request should fail to be approved, the preliminary plat would also be denied. If you have any questions regarding the above action, please call me at 612-572-3590. pcy, AICP Development Di or BD/jt cc: Roger Geis Address File Assessing Department GIS Dept. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 28, 1999. 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'ice."'"'"'• . •-� A/IY.INC�'' SURPA'YING dr ENGIW)BR/NC CO. , F£ D f �S Fo i FlA,e,,, CAL ?a ca g -�z L) 0 9L dr— cJ c� r 13 FRIDLEY CITY COUNCIL MEETING OF MAY 19,2008 PAGE 4 APPROVAL OF MINUTES: Board of A eal and Equalization Meeting of April 28, 2008. APPROVE City Council eeting of April 28, 2008 APPROVED. City Council eting of May 5, 2008 APPROVED. PUBLIC HEARING: 1. Consideration of an Ordinance under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79th Way (Continued May 5, 2008). MOTION by Councilmember Bolkcom to remove the item from the table. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AVE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Scott Hickok, Community Development Director, said there are five 25' wide lots owned by the City likely for drainage purposes. The location is near Dover and Broad in the Riverview Heights area. Springbrook Creek weaves through the five lots. The terrain is wooded on Springbrook Creek with steep grades. These are land-locked parcels. One PIN number would be used. The lots are in the shoreland overlay district and entirely in the flood fringe. Mr. Hickok said there are two people interested in purchasing this property. Justin Chapweske, 530 Dover, asked to purchase property from the City about a year ago. Staff discussed a purchase agreement with tentative terms of the buyer incurring all costs of land sale. A public hearing noticed was published. A second interested buyer came forward when notices were mailed to surrounding property owners. Garland Lagesse, 7951 Broad, has expressed interest in purchasing part of the five lots. Staff has been unable to coordinate a meeting with both parties interested. Mr. Hickok said the City Council must declare the property excess by ordinance and authorize a sale. There is an ongoing debate on who the City should sell the property to. Staff is working on a proposed sale transaction which is agreeable to both interested parties. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 3 said that the City is not trying to be unfair to Mr. Hughes. He can bring these issues to the assessment hearing when the final assessment is received. Tom Myhra, 6360 Able Street, said he had some'information on the Comprehensive Plan he wanted to discuss but would come back in August./ He distributed some information for Council to review. Patricia Shade, 7866 Alden Way, said she received a letter Saturday saying the tennis courts were being removed in her neighborhood because they are not being used. She came to state that the courts are used quite a bit. The current'condition is playable and a lot of young families are using the tennis courts. She has a petition that was signed by several neighbors that use the courts. She asked if they would reconsider removing the courts until they are not useful anymore. The nearest tennis courts that are available for use require people to cross a busy road and the next one is over a mile away. Councilmember Bolkcom asked who signed the letter. Ms. Shade answered Jack Kirk. Councilmember Barnette said this was brought up at the Park and Recreation meeting. They are looking at closing nine tennis courts. After the meeting tonight Council will look into this issue and get back to Ms. Shade. Councilmember Bolkcom said that this is not a decision made by the City Council. She asked Dr. Burns what it would cost to resurface the courts. William Burns, City Manager, said $18,000 to $20,000. Councilmember Bolkcom said that Mr. Kirk will have to see if the courts are safe and if it would be possible to keep the courts open. f ' Mayor Lund sa'd he agreed the surface is playable and not in A+ condition. The green seal court is peeling nd it is not pretty. Mr. Kirk and the Commission will have to revisit this issue. Councilmem er Bolkcom said the Park and Recreation Commission meet the first week in June. Mayor Lu d said there are 19 courts in the middle school and high school area. He realizes it is a safety i ue crossing the busy highway or driving nearly a mile to the next tennis court. He agreed t s is a valid argument and would ask Mr. Kirk to revisit removing the tennis court. Al Sta lberg, 8099 Riverview Trail, brought up a Star & Tribune article dated May 16, 2008, regard' g a rental license moratorium in Columbia Heights. Cou cilmember Bolkcom said she saw the article and agreed it would be a good idea to look at it. FRIDLEY CITY COUNCIL MEETING OF MAY 19,2008 PAGE 5 Mr. Hickok said the City could sell the property for $1 per square foot (each lot is approximately 2,750 square feet). The buyer would have to pay the $1,500 fee for the public hearing process and all closing costs related to the sale. Mr. Hickok said the vacant lots are not needed by City, and the City only has access. There are downed trees on these lots and adding lots to adjacent properties will increase private land values and therefore generate tax revenues. The owner of 530 Dover may need this property to stabilize a slope. Mr. Hickok said that the complication of a sale to two parties would include five lots that would fall under one PIN number. The lots can be sold separately, but only after a lot split process. Staff recommends that the public hearing be kept open because both interested buyers could not be present tonight. Staff will work towards agreeable terms of sale for the next Council meeting on June 9. Councilmember Bolkcom asked how long this item can go on as it has been going on for over a year. Mr. Hickok said that land negotiations can go on for a long time. Councilmember Bolkcom asked if this is part of the Six Cities Watershed District. Mr. Hickok answered yes. Councilmember Bolkcom asked if the interested parties could take down the trees. Mr. Hickok said that they could just remove the trees that were already down. There has been no discussion about taking down additional trees. Councilmember Bolkcom asked about the stream bank and if the homeowners would need flood insurance. Mr. Hickok said that he hesitated to answer that question and the homeowner should check with their insurance agent. Councilmember Bolkcom asked about cost of the lot split and who would be responsible for the fees. Mr. Hickok said all costs are taken care of by those who would benefit from the sale. There would be no cost to the City. Councilmember Bolkcom asked how the price of the lot would be decided. Fritz Knaak, City Attorney, said that the price of the lot split would be whatever the City considers to be reasonable and fair priced. The City is not required to take the highest bid if the City decides to sell the land. The City would just have to take the price that is most reasonable. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 6 Councilmember Bolkcom said that in the past the price was $1.00 per square foot but asked if the City would have to take that price. Attorney Knaak said that the City would not have to take that price. Garland Lagesse, 7951 Broad--vW, said he has lived on the property for 32 years. Mayor Lund asked if Mr. Lagesse has had a discussion with the other interested party. Mr. Lagesse said that they spoke briefly and the other party was interested in buying the land because he was concerned about erosion. Mr. Lagesse's main reason for wanting to buy the lots was to secure the privacy he currently has on his lot. He is looking forward to sitting down and talking with the other party. Mayor Lund asked if Mr. Lagesse preferred the City to retain ownership of the lots or make the split between the homeowners. Mr. Lagesse said that he would go for nothing to happen to his property but said he needs to discuss this issue with his neighbor in detail. Mayor Lund said if the two property owners cannot agree on the split, the City will continue to hold ownership. Councilmember Bolkcom suggested continuing this public hearing until the second meeting in June. Mr. Hickok said the other neighbor plans to make this issue a priority and work out the details and have decisions ready for the June 9 meeting. He said it would be okay to wait and the additional time may be good to work out the details. Mayor Lund asked if another 30 days would be sufficient time to work out the details. Mr. Lagesse said the extension would be a good idea. MOTION by Councilmember Bolkcom to continue the public hearing until June 23, 2008. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Consideration of Gardena Avenue Rehabilitation Project No. ST. 2008-02. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF MAY 19,2008 PAGE 7 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:35 P.M. James Kosluchar, Public Works Director stated that this is the third year under the City's assessment policy for major maintenance of streets that have concrete curb and gutter. This program will continue in future years to continue the necessary upkeep of our streets. This project has been initiated to rehabilitate the deteriorated asphalt surface and is an opportunity to replace the brittle water mains. Mr. Kosluchar said that a notice of this meeting was published in the last two editions of the Sun Focus and individual letters were mailed on May 9. It has been determined that simple pothole patching is no longer sufficient to maintain a safe travel surface in several areas of the City. The water main has broken several times between Central Avenue and Matterhorn Drive. The condition of the pipe is deteriorating due to the acid soils in this area. Mr. Kosluchar defined the project area as Gardena Avenue from Central Avenue to Stinson Boulevard. The project consists of removing the top 2" inches of the deteriorated asphalt, replacing 1,100' of water main, repaving 2" of asphalt, and repainting the pavement markings. The 1,100' of 8" water main from Central Avenue to 100' east of Matterhorn Drive will be replaced. The aggregate base and asphalt bituminous will be reconstructed and they will try to protect most of existing concrete curb. Please note that there is no assessment for water main related work. Mr. Kosluchar reviewed the project cost. The total cost is estimated at $351,000; with $145,000 for water main replacement and $206,000 for milling and overlay. The funding for the project will come from the following revenues: $ 88,000 from the State Aid account $118,000 assessed to adjacent properties $145,000 from the water fund Mr. Kosluchar stated that the non R1/R2 property assessment is measured on the assessable frontage which is measured adjacent to Gardena Avenue and set back 35' from the property line. The assessment is calculated by dividing total cost by length of roadway to determine the cost per foot. Then, each side of the street pays 50% of the cost per foot to resurface the street. The estimated cost per centerline foot is $54.20. Non R1/R2 properties adjacent to Gardena Avenue are assessed $27.10 per foot of frontage (50% of total per-foot construction cost). Mr. Kosluchar stated that the Rl/R2 properties' assessable frontage is measured adjacent to Gardena Avenue and set back 35' from the property line. The R1/R2 cost is the remaining balance of the mill and overlay cost less the non-Rl/R2 cost. The Rl/R2 cost is prorated for a 32' wide street rather than the existing 44' wide street (73%). The prorated R1/R2 cost is spread among the 5,097.74' of assessable frontage. Sixty-four Rl/R2 properties will be assessed $9.85 per lineal foot. This is an amount based on the equivalent costs for a standard 32' wide residential street. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 8 Mr. Kosluchar said that some of the properties will have unique property assessments. Al- Amal School is a "flag" lot which historically has been assessed the width of property, not the narrow portion at the curb. 5895 Central Avenue is a corner lot on a County road. The property has not paid a street rehabilitation assessment to the County or City, but receives benefit. This scenario has historically been assessed the lot width on the City street side. 1578 Gardena Avenue is a City Park. City park frontage has historically been shared by the project participants. Mr. Kosluchar reviewed the assessment options. Option 1 is a lump sum paid within 30 days of the final assessment hearing (after construction). Option 2 would be to add the amount to property taxes that are paid over 10 years with an interest rate to be determined (typically 6.5 to 7.0%). Option 3 is for senior citizens meeting certain criteria. They may request to have the assessment deferred until the future sale of the property. Interest accrues until the sale, per City Resolution No. 14-1995. Councilmember Saefke asked if the 1,100 feet of water main would be accessed to the property owners. Mr. Kosluchar said that the homeowners would not be assessed for the water main. Councilmember Bolkcom asked if this is any different than policies in the past. Mr. Kosluchar said that this is the same method as used in the past. Council could access a flat rate to each property, but it is difficult to equalize the assessment. Councilmember Bolkcom asked if the cost included sod. We have not done a lot of rehab projects and the homeowners are not sure they understand the assessment. Councilmember Saefke said that the assessment is typical of a 32 foot width street. The residents are getting a deal because they are only being assessed for '/2 of the street, and the width is 44' wide, a savings of 12'. Councilmember Varichak said that this is just an estimate and when the final project is done, a new assessment will be made. Mr. Kosluchar said that is correct. This is just to give the property owner an idea of what the cost might be. Councilmember Bolkcom said that the assessment could be more, this is just an estimate. Mr. Kosluchar said that this is based on the best information available. The estimate is a little conservative. If the actual cost comes out a lot higher than this estimate, it might be decided that the project is not feasible. Councilmember Bolkcom asked how a homeowner could find out what the cost may be. Usually the assessments would say it would not exceed a certain amount. FRIDLEY CITY COUNCIL MEETING OF MAY 19,2008 PAGE 9 Mr. Kosluchar said he could not guarantee what the bids will come in at. Councilmember Bolkcom said the homeowners should be reassured that the assessment would not go much over the estimate. If the actual cost came in at twice the estimate, the project would probably be cancelled. Richard Pribyl, Finance Director, said that in the past he thought the assessment would say it would not exceed a certain amount. The assessment is usually estimated at the high end so the actual figures may come in lower. Mayor Lund suggested that residents stay tuned at the close of the bidding process. Councilmember Bolkcom asked that if the figures come in a lot higher than the assessment, a letter be sent to the homeowners saying that the project would be cancelled. Mayor Lund said that sometimes projects come in much lower than projected. Currently construction business is down so bids are lower because contractors are looking for work. Bill Simm, 1494 Gardena Avenue, asked if this was tax deductible. Mr. Pribyl answered that the homeowners are receiving goods and services so it would not be tax deductible. Mr. Simm said that he is a senior and was interested in option three. He asked if interest was built in that loan. Mayor Lund answered yes, interest accumulates for the length of the time and this option is truly for those not able to pay on normal terms. Mr. Simm said that he was assessed for $1,700 and others use the road as much as he does and asked why he had to pay more. Mayor Lund said that there is no perfect way to assess properties. He said that the lot is measured 35 feet from the curb line so the estimate is a little less. Councilmember Bolkcom asked Mr. Kosluchar to look at Mr. Simms property to address his concern. Mr. Simm said he is in favor of the project but the roads take a beating from the school buses and garbage trucks. Mayor Lund said that because Fridley does not have a common garbage hauler, we do have a problem with multiple garbage trucks on the roads during the week. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 10 John Biner, 1499 Gardena, said he did not understand the process. He asked for clarification that this is just an estimate and what the next steps were with the project. Mr. Kosluchar said the complete design will be done in three to four weeks. Bids will come in p g from the end of July until the beginning of August. A contract will be awarded and the project will be completed by fall. A letter will be sent to homeowners in October for a final assessment. The final costs will be discussed and another public hearing will be held. Mr. Biner asked if the assessment would be due in 2008 or 2009. Mayor Lund said that when residents get the final assessment, they will have 30 days to pay the bill. If the bill is paid right away, the amount would be due November 30. If the homeowner chooses to put the assessment on their taxes, it would go on 2009 taxes. Councilmember Saefke said that after the project is finished, a public hearing will be held in October to set the final cost per property. Once the bill is received, the homeowner has 30 days to pay. Mayor Lund said that if bids are much higher than the estimate, the project may be cancelled. Currently the estimate is $9.85 and if the bid comes in too high, they will put it out for bid again or not do the project. Mr. Biner asked why just that section of the water main will be replaced. He said there are other areas that have had trouble with water main breaks. Mayor Lund said that they can do an inspection to make sure the City does not need to do more water main reconstruction. Charlie Coming, 1120 Gardena, said that water builds up at the intersection at Central and wanted the City to look at that intersection. Mr. Kosluchar said they could look at that corner. Councilmember Saefke asked if Central was a County road and if the County owns that storm water system. Mayor Lund said they can look at it and contact the County to make sure they are aware of the situation. Robert Burnham, 1100 Gardena, asked when they replace the water main, would the street be torn up or would they just install an in-line pipe. Mr. Kosluchar said they were still weighing out the options on that issue. Spencer Minear, 1291 Gardena, asked when the street was last done. ` ( R FRIDLEY CITY COUNCIL MEETING OF MAY 19 2008 PAGE 11 Mr. Kosluchar said that a seal coat was done in 1991. He wasn't sure if that amount was assessed to the homeowners. The base was installed in 1971. Mr. Minear asked about the water collection at the bottom of the hill. The last time there was a water main break, there was tension between where the County and City divide. The contractor did a bad job connecting Gardena to Highway 65. He asked if they could try to do a better job connecting the roads. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:15 P.M. NEW USINESS: 3. Reso tion Ordering Final Plans, Specifications and Calling for Bids: 2008 Gardena Avenu Rehabilitation Project No. ST. 2008-02. MOTIONb Councilmember Varichak to adopt Resolution No. 2008-22. Seconded by Councilmemb Barnette. UPON VOICE OTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAN OUSLY. 4. Resolution Aut orizing Final Changes in Appropriations for the General Fund, Special Revenue Funds," nd the Capital Improvement Fund for the Year Ended 2007. Richard Pribyl, Fin e Director, submitted the final .changes in appropriations for the year ended December 31, 20 7. These changes are the final budgetary adjustments similar to those of past years. The changes'\are in keeping with Chapter 7 of the City Code requiring total object categories to be within budget. The audit is coming to a close and these changes are also part of the requirements to submithe Comprehensive Annual Financial Report to the awards program of GFOA. Mr. Pribyl said that a few of t e more significant adjustments to the General Fund were due to a special election that was not anticipated in the budget, various departments where employees ended the year with higher leave balances than they started with or sold annual leave. We are required to fund any additional bal,4nces. Also Special Revenue Fund Adjustments due to their nature are unknown at the time the\budget is created. Capital Improvement Fund adjustments were made due to items budgeted th' t were actually coded to supplies and charges vs. capital outlay accounts. Staff recommends ap oval of the attached resolution. MOTION by Councilmember Saefke to adopt Resolution No. 2008-23. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2008 PAGE 12 UPON VOICE V�TE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Claims (136647— 136828). MOTION by Councilmember Bolkcom to approve the claims as submitted. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 6. Licenses. MOTION by Councilmember Bolkcom to approve the licenses as submitted and as on file. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Informal Status Reports. Councilmember Varichak said that she attende the Police Department open house and there were a lot of kids and people attending. It was a gr e t day and very good. Mayor Lund wanted to thank the Lions Club for the grilling and groceries supplied by Wal*Mart, Sam's Club, Holiday, Super Target and McD ald's. Scott Hickok, Community Development Director, said that ere will be a paper shredding event on Saturday, June 7. To date this event has shredded 10,70 ounds of paper. This is a great event and is free. He mentioned that there will be a drop-off rec cling event on June 14. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Counc' member Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLA D THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9: 5 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor Jones, Julie From: Justin Chapweske [Justin@chapweske.com] Sent: Wednesday, June 18, 2008 8:29 AM To: Jones, Julie; Gar Lagesse Subject: Land Purchase Hello guys , As I ' ve indicated, based on my discussions with the Lagesse ' s , I am willing to purchase the 3 sections immediately behind my lot instead of the 5 . If this is doable for the city, lets go forward with that . I am also willing to pay reasonable fees for splitting if necessary . If for some reason this is not doable for the city, I would be willing to purchase all 5 and give the Lagesse ' s an option to buy the 2 at cost +transaction overhead at some point in the future or upon the sale of my home . This latter option is likely less work for everyone in the short term - If this is chosen, the Lagesse ' s and I can quickly nail down the details . I would prefer the first option since I am effectively holding a loan in the second case . I am exhausted from travel and have to be fresh for meetings in the morning . I would suggest that you guys discuss these options today and if either works we should be good to go . Thanks , -Justin lO ! — t.4 O6 3� .go 30 8o d 1� 1w 3 P. c _ 9303 ` e 2 ° ZZ 23 G 14 24 r 30 3a 1S 13 .� 20 19 lE I� * n • Qin' 1 — C 1 r .>8 l � � 2 S � � ,��• 2 Q M r 0 30 37 / 2 v z 33 �., ; `j 5 3a ?Q z ` 3/0 3113 9 8 io // \�'9 go 9 z3 � � ° li �9 / I •� ,. 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ZF M �♦ o �p , ' ;�� b b \ A60 :1 V to1.9 y6 LS V 1 � V1 pq O opt $ ��6 cs+.►I : �� t ti W =o• , V BPR�NG Bp�K PL, 1 ti Page 1 of 1 Jones, Julie From: James H. Parker aim@advsur.com] Sent: Wednesday, June 25, 2008 1:12 PM To: Jones, Julie Subject: RE: survey quote Setting six additional corners to mark all lot corners would involve an additional $300 and preparing a drawing showing the lot boundaries and perhaps the creek, if it wanders across any of these lots, would involve an additional $350. From: Jones,Julie [mailto:JonesJ@ci.fridley.mn.us] Sent: Wednesday,June 25, 2008 11:54 AM To: James H. Parker Subject: RE: survey quote Sorry. After I talked to my boss this morning, he thinks we should have the corners of all five lots noted and also wants a drawing. Can you modify your quote to include this? )utteJoKes Julie Jones Planning Manager City of Fridley,MN 763-572-3599 jonesj�>,ci.fridley.mn.us From: James H. Parker[mailto:jim@advsur.com] Sent: Tuesday,June 24, 2008 4:10 PM To: Jones,Julie Subject: RE: survey quote We can set the six corners involved (or if there is already a monument there, verify that it is correct and flag in with a lath and flagging) for a lump sum fee of$950 (this is a steep wooded area and surveying may be a bit more difficult than in some areas). This fee would not include the preparation of a drawing. If you would like a proposal that includes a drawing or drawings, let me know. From: Jones, Julie [mailto:Jones3@ci.fridley.mn.us] Sent: Tuesday, June 24, 2008 11:38 AM To: James H. Parker Subject: survey quote The City owns 5 lots, legally described as lots 4 thru 8, including Block M, Riverview Heights, which are along Springbrook Creek. The two adjoining property owners intend to purchase this land from the City. Garland and Jane LaGesse, who own 7951 Broad Ave., plan to purchase lots 7 & 8. Justin and Natalie Chapweske, who own 530 Dover St., plan to purchase lots 4-6. We would like a cost estimate to have the boundaries of these two sections of this land area marked for the interested buyers, so they can distinguish the area they are adding to their existing property. )kUeJowes Julie Jones Planning Manager City of Fridley,MN 763-572-3599 ionesjCq),c ..fr..id,ley.mn..us 6/26/2008 Municipal Center 6431 University Avenue NE g , Fridley,MN 55432 CITY LEY (763)572-3599 FAX:(763)571-1287 E-mail:jonesj@ci.fridley.mn.us Fax To: James Parker From: Julie Jones, Planning Manager Fax: 952.401.1375 Pages: 4, including this page Phone: Date: July 11, 2008 Re: Maps for survey CC: ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 0 Comments: Attached are a couple of maps showing the seven points approved for surveying in this purchase order. The City is selling lots 7 & 8, Block M, Riverview Heights to one party and lots 4-6 to another party. This is the land we would like the drawing of. In addition to the six points necessary for the land sale, the buyers want the corner that 530 Dover, 540 Dover, and 7951 Broad share marked to aid in a debate over property lines. Feel free to call if questions arise. My mobile number is 763-274-4895. _ PURCHASE 6431 UNIVERSITY AVE.N.E. • FRIDLEY, MN 55432 ORDER NO. 08120 GTYOF (763)571-3450 FAX(763)571-1287 FRIDLEY www.ci.fridley.mn.us VENDOR: SHIP TO: v1/1, Iclit P.O.DATE CONTRACT N0. DEPARTMENT j / DATE REQUIRED REMARKS ACCOUNT NO. JOB NO. DESCRIPTION QTY. UNITPRICE AMOUNT° Ur ve IMPORTANT THE'«PURCHASE ORDER NUMBER MUST APPEAR ON INVOICES,PACKAGES, AMOUNT DUE PLEASE NOTE PACKING SLIPS AND ALL CORRESPONDENCE. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER APPROVED BY ��' v •- `F 514 p" c 0 46. UP LQ O LIBERTY S 6- > O �.3O O x, ' �°0 7981 520 0-) 1> c9 74 �O 7951 OF) c9 LONGFELLOW .� 555 -� 468 �vF 541 p - TMS 40 i „ r 6 38 39 3° 3° zs - • 3 S �� 9➢) � ddb � ' �° � � G 72 9 30 3 ► �1 �D i +1� + ., Z4 30 2 E ! 15 14 13 o l9 l * OT n +1 30 30 DO c - CG 2S ¢ P Z✓° 4; z 33 30 3! 3 99 9 ? ! _s>>•s/,�.. Jo j 29.7 30 8G ZS ,�° 3a LIBERTY zo° Y s l¢ 3c c 44 3 41 / qoj `S 3° 3D, Top9° t 2a / z za /,Z /8 ' 0 j° S �T z64 p R•43'" 3S ' � zs G�� LLOW ]fir S 6 !7 1 ,� „ Esc 7 /6 4- � 8 �o. o � � 3° Q 3e It Oo AI / .e 3 3° 9° •i.:G 0. 9V.S y u `� o r fi--fes 2 P � s 91 .sz� SOtisP -- c 4 � /7 �� r 9 I•/f/°-.W s-ski Ad.� /sd S4 16' 14 Abp /9 #� 32 // /T $ 21.0 FRIDLEY CITY COUNCIL MEETING OF JUNE 23,2008 PAGE 5 PUBLIC HEARING: 8. Consider an Ordinance under Section 12.06 of the City Chapter Declaring Certain Real Estate to be Surplus and Authorizing the Sale of Thereof, Generally Located on Springbrook Creek Near the intersection of Broad Avenue and 79th Way (Continued May 19,2008). MOTION by Councilmember Bolkcom to remove this item from the table and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPEN AT 8:05 P.M. Scott Hickok, Community Development Director, said Planning staff was contacted by Justin Chapweske, the owner of a single family home at 530 Dover Street, over a year ago. He indicated that he was interested in purchasing the land south of his property, which is owned by the City. He said he had concerns about erosion and wanted to have control of the land in case he needed to build a retaining wall in the future to protect his home. Legal counsel advised staff that the City Council would need to declare the property excess and authorize the land sale before Mr. Chapweske could sign the purchase agreement for the property. Mr. Hickok said that on May 19, 2008, the City Council held a public hearing regarding the potential land sale. Mr. Chapweske was unable to attend this meeting due to his business travel plans. At the hearing, another property owner abutting the City-owned lots, Garland LaGesse, testified. Mr. LaGesse, who lives at 7951 Broad Avenue, said he preferred that the City not sell the property. He was willing to meet with his neighbor, however, to determine if there was a compromise. That hearing was continued to today to allow these two neighbors to meet and develop a recommendation to the City for a split sale of the five lots. Mr. Hickok said that both parties have met twice since the May 19 Council meeting. Staff has been unable to coordinate a meeting of all three parties involved due to Mr. Chapweske's work schedule. Mr. LaGesse continues to convey to staff that he prefers that the City not sell this property. Mr. Chapweske has indicated to staff that he is willing to purchase only three of the lots, if that is more agreeable to the City and his neighbor, or he is willing to purchase all five lots and sell the two westerly lots, Lots 7 and 8, to Mr. LaGesse at a later date. Retaining two of the five lots is not in the City's best interests, as there will likely be confusion in the future as to property boundaries and maintenance of this wooded area. Mr. Hickok said since the City needs to retain access to this part of Springbrook Creek through an easement, it is much more reasonable for the City to sell all five lots or none of them. In addition, by selling these lots, the City would gain tax revenues, because gaining creek access will increase the private property value of Mr. Chapweske's property. Staff recommends that the City Council open the public hearing for consideration of declaring Lots 4-8, Block M, Riverview Heights, excess and authorizing the sale, which was continued from May 19. The first reading of the ordinance related to this item is scheduled for July 14, 2008. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 6 f Councilmember Bolkcom asked who would bear the cost for the transfer of title, lot survey, etc. Mr. Hickok said that all costs would be paid by the new owner of the property. Councilmember Bolkcom said that the first step in this process is to declare the property as surplus, not to decide who will buy the property. Mr. Hickok said that is correct. Utility easement and other pertinent issues will also need to be worked out. Councilmember Bolkcom asked if the property needed to be owned by the City to maintain the easement. Mr. Hickok said that if we sell the property, the City will still maintain the utility and drainage easements. Fritz Knaak, City Attorney, said that the issue tonight is to determine the lots surplus property. In order to sell the property it first must be determined if the property is needed by the City. If the property is not needed by the City for any useful purpose, the city may sell the property but is not required to sell the property. Councilmember Bolkcom asked if this process was the standard procedure. Mr. Hickok answered that this is the same process that has been done in the past., but the City has never experienced two buyers. Mayor Lund said that on the map, these lots look big enough to build a home on the property. Mr. Hickok said that the map is very deceiving. Buffalo Street appears to go through but it is a right of way. There are also issues with the setback to the site, creek preservation and shore land overlay. If the land is not able to be built on and has no use to the City, the land may as well be owned by the adjacent property owners. Justin Chapweske, 530 Dover Street, said this area could not have any development on it. He said he is an environmentalist and would intend to keep the property in its natural state. His property is on the top of a hill and the grade of the hill is about a 45 degree slope. Erosion prevention is an issue and he feels it is his personal responsibility to maintain this property to protect his home. The property does not have sufficient vegetation, erosion problems are present and deterioration of trees is an issue. Currently a lot of trees have fallen which creates hazards in the area. The debris on this site is also choking out the growth of new vegetation. Mr. Chapweske said there is not access to this lot. The marketability of this lot is only of interest to adjacent land owners. He is interested in buying all 5 lots or splitting and sharing the responsibility with Mr. LaGesse. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2008 PAGE 7 Mayor Lund asked how long Mr. Chapweske has lived on the property. Mr. Chapweske answered two years. Mayor Lund asked if he currently mows or keeps up the property. Mr. Chapweske answered no. Mayor Lund asked Mr. Chapweske if he understood that there will be limited use of the property. Mr. Chapweske answered yes. Mayor Lund asked if the restrictions for usage of this property would be in place for any future owners of the property and if that would be a problem. Mr. Chapweske said he would want the restrictions in place for future owners in order to keep the land in its natural state. Mayor Lund asked if the property was split, if the owners would be able to put up a fence to define the split. Mr. Hickok said they could put up a rail fence, but not a privacy fence. Mr. LaGesse, 7951 Broad Avenue, said he has lived on the property for 30 plus years. At the last meeting he did not have enough information to make a decision. After meeting with staff and his neighbor, he would want the City not to sell the lots, sell Mr. Chapweske 3 lots and do not sell the other 2 lots, or sell Mr. Chapweske 3 lots and the other two lots to him. He asked if they could all meet to discuss the details. Mayor Lund said that he was sensitive to Mr. LaGesse's and Mr. Chapweske's needs but tonight's focus is to determine if the property is surplus property. The next step would be to decide to sell or not to sell and work out the split. Councilmember Saefke asked for clarification that tonight is to decide if the property is surplus and if it is, whether a time could be set for the adjacent property owners to meet with staff to come to an agreement to work out the details on a split. Mayor Lund said that is correct. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:36 P.M. - J V FRIDLEY CITY COUNCIL MEETING OF JUNE 23,2008 PAGE 8 9. Consider Revocati n of Special Use Permit SP 906-08, for Fridley Shop and Stop (Formerly Sinclair ridley), to Operate a Service Station with Fuel Sales in a C-2, General Business Z ning District, Generally Located at 6071 University Avenue NE (Ward 1) (Continued ay 5,2008). MOTION by Councilmem er Saefke to remove this item from the table and open the public hearing. Seconded by Counc member Bolkcom. UPON A VOICE VOTE, LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAN OUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:37 P.M. Scott Hickok, Community Develo ment Director, said that on May 5, 2008, the City Council continued a public hearing from Fe ruary regarding the revocation of Special Use Permit, SP #06-08, for the property located at 071 University Avenue NE. The hearing was continued because the Fridley HRA was possibly oing to purchase the property. The HRA would likely be changing the use of the property, makin the SUP unnecessary, giving the City Council reason to revoke the permit under the new ownershi . Mr. Hickok said the sale of the property h been unexpectedly further delayed, and it may be many months before negotiations are compl te. Since the property owner of the Fridley Shop and Stop (formerly Sinclair Fridley), has kept t e property in compliance for several months now and there have been no public complaints reg ing the property's condition, staff believes it is unreasonable to hold the public hearing open aga for several months. Mr. Hickok said Staff recommends that the City ouncil open and close the public hearing to consider revocation of Special Use Permit 406-08 r Fridley Shop and Stop, located at 6071 University Avenue NE. In a separate action, staff rec ends that the City Council not approve the previously prepared resolution to revoke Specia Use Permit, SP #06-08. If the HRA completes its sale of the property at a later date, legal ounsel advises that the HRA clear the special use permit from the record on this property if he intent is that it not be used as an automobile service station under the current stipulations. ithout revocation following a public hearing, a special use permit will remain on record f this property even after the use discontinues. Councilmember Saefke asked why there is a delay in purchasi g the property. Mr. Hickok said the HRA wants to make sure there is no contami ation on the site. MOTION by Councilmember Saefke to close the public hearing. S conded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEA NG CLOSED AT 8:40 P.M. �n � � City of Fridley (Official Publication) ORDINANCE NO.1253 AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lots 4 through 8, inclusive, of Block M, Riverview Heights, as recorded in the office of the Anoka County Recorder and subject to an easement of record SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer Lots 7 and 8,inclusive,of Block M, Riverview Heights to Garland C. Lagesse, Jr. and Jane M. Lagesse of 7951 Broad Avenue and Lots 4 through 6, inclusive, of Block M, Riverview Heights to Justin F.and Natalie J. Chapweske of 530 Dover Street NE,Fridley,MN for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th DAY OF JULY,2008. SCOTT J.LUND—MAYOR ATTEST: DEBRA A.SKOGEN—CITY CLERK Public Hearing: June 23,2008 First Reading: July 14,2008 Second Reading: July 28,2008 Publication: August 7,2008 (Aug. 7,2008)f2-Ord 1253 land sale-JB CITY COUNCIL MEETING CITY OF FRIDLEY JULY 28, 2008 The City Council meeting for the City of Fridley was call to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmem er-at-Large Barnette Councilm ber Saefke Council kember Varichak Court ' member Bolkcom OTHERS PRESENT: Wiliam Burns, City Manager cott Hickok, Community Development Director and Pribyl, Finance Director James Kosluchar, Public Works Director Fritz Knaak, City Attorney PRESENTATION . Fridley `49er D s Royalty. APPROVAL F PROPOSED CONSENT AGENDA: APPROV OF MINUTES: City Co cil Meeting of July 14, 2008. APP VIED. OLD BUSINESS: 1. Second Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79`h Way) (Ward 3) William Burn, City Manager, said the five lots are located near the intersection of Broad Avenue and 791h Way. Council approved the first reading on July 14, 2008. Assuming that Council adopts this second and final reading of the ordinance, staff will draft drainage easement documents and purchase agreements for the two adjoining property owners who have indicated a desire to purchase this property. The costs of easement filing, surveying and closing will be passed on to the purchasers. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 2 WAIVED THE-READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1253 ON SECOND READING AND ORDERED PUBLICATION. NEW W SIN SS: 2. Receive the Brutes from the Planning Commission Meeting of July 16, 2008. RECEIVED. 3. Special Use Pe mit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow r Limited Outdoor Storage, Generally Located at 7731 Main Street N.E. (Ward 3). William Burns, City M nager, said that Mr. Stock wishes to store service trucks and trailers in a fenced-in area that is ell within the area allowed by code. The Planning Commission recommended approval at their July 16, 2008 meeting subject to two stipulations. Since then, staff has determined that o more stipulations, dealing with screening and storage of junk vehicles, are needed. Sta recommends Council's approval, subject to the following four stipulations: 1. No outdoor storage oth than the existing enclosed area shall exist on the site without an additional special use pe it being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive appr val for those items from the Fire Marshal. 3. The petitioner shall screen t e north and east sides of the outdoor storage area with screening slats. 4. The subject property shall remain ree of junk and inoperable vehicles. THIS ITEM WAS REMOVED FROM\THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Providing for the Issuance nd Sale of $1,915,000 General Obligation Improvement bonds, Series 2008A, PI dging for the Security Thereof Special Assessments and Levying a Tax for the Pay ent Thereof. William Burns, City Manager, said this will be use to fund a portion of the costs for the 2008 street reconstruction project. As has been the case in t last two years, the bonds will be retired through the proceeds of a levy passed on to Fridley pr erty owners. In preparation for this issue, the City was required to undergo a credit rating view by Moody's Investor Service. While Moody's is concerned about the City's reliance on LGA, liquor store profits and cash balances, they did confirm our existing Aa2 bond rating. Page 1 of 1 Jones, Julie From: Jones, Julie Sent: Monday, August 11, 2008 5:01 PM To: Knaak, Fritz Subject: Purchase Agreement Here is the info for the other PA on the Dover Street property. The PA you created for Justin Chapweski needs to be redone with a new dollar amount of $900 for the earnest money amount instead of $1,500 (since we are splitting the costs between two property owners now) and the full purchase price of the land, including earnest money to be $10,248. The other PA with the same terms should be written to Garland C. Lagesse, Jr. and Jane M. Lagesse, who are husband and wife. The financial terms should be $600 for earnest money for them and the full purchase price of $6,882. )uU.eJOA'es Julie Jones Planning Manager City of Fridley, MN 763-572-3599 jonesjci fri,d,ley..mn..us 8/11/2008 Page 1 of 2 Jones, Julie From: Jones, Julie Sent: Friday, September 19, 2008 3:25 PM To: Knaak, Fritz Subject: RE: Purchase Agreements I'm glad you are working on this as Mr. Lagesse called today wondering if it is ready. Their name is on their mortgage as Garland C. Lagesse, Jr. and Jane M. Lagesse who are husband and wife. Their address is 7951 Broad Avenue NE, Fridley, MN 55432. They are purchasing Lots 7 & 8. Mr. and Mrs. Chapweske are purchasing Lots 4-6, Block M, River View Heights, Anoka, MN This is from an earlier message if you need it: Here is the info for the other PA on the Dover Street property. The PA you created for Justin Chapweski needs to be redone with a new dollar amount of $900 for the earnest money amount instead of $1,500 (since we are splitting the costs between two property owners now) and the full purchase price of the land, including earnest money to be $10,248. The other PA with the same terms should be written to Garland C. Lagesse, Jr. and Jane M. Lagesse, who are husband and wife. The financial terms should be $600 for earnest money for them and the full purchase price of $6,882. )"U.ej o ms Julie Jones Planning Manager City of Fridley, MN 763-572-3599 jonesina,ci.fridley.mn.us From: Fritz Knaak [mailto:fknaak@klaw.us] Sent: Friday, September 19, 2008 2:56 PM To: Jones, Julie Subject: Re: Purchase Agreements Julie: Please give me full names, addresses and marital status for the Lagesses, as well as a summary of who is getting which lots for how much. Thanks. -------------------------------------------------- 10/13/2008 Page 2 of 2 On 13 Aug 2008 at 8:37, Jones, Julie wrote: I just realized we need to add mention of the drainage easement for these lots we are selling into the purchase agreements with the Chapweske's and the Lagesse's. I would think an appropriate place to add it into the PA in under item 9, adding an e. under that section stating something like: A duly executed drainage easement, filed at Anoka County. Or, does item 9.a. already cover this? The purchase price reflects our cost to create and file the drainage easement, so I thought we should clarify that in the PA text as often the seller would be bearing that cost. )RUeJ owes Julie Jones Planning Manager City of Fridley, MN 763-572-3599 jonesi a ci.fridley.mn.us ------------------------------------ ------------------------------------ Frederic W. ("Fritz") Knaak, Esq. (MN., WI., CO.) Knaak& Kantrud, P.A. 3500 Willow Lake Blvd. -Suite 800 Vadnais Heights, MN. 55110 Tel: 651.490.9078/Fax: 651.490.1580 Mailto: fknaak@klaw.us /Website: http://www.klaw.us 10/13/2008 Page I of 1 Jones, Julie From: Justin Chapweske [Justin@chapweske.com] Sent: Thursday, March 05, 2009 2:28 PM To: Jones, Julie Subject: Fwd: Revised PA Hi Julie, Apologies for the massive delays -the economy has left me extremely busy with my business. The purchase agreement looks relatively straightforward except for the few concerns outlined below. Could you please send me an estimate of all costs? We should be ready to go. The only minor change I saw that should be made to the .doc was that my wife's middle name is "Joy", not "Jay". Thanks, -Justin Begin forwarded message: From: Mary C<marychaP(a)hotmail.com> Date: January 24,2009 3:57:23 PM CST To:Justin Chapweske<iustin_chapweske.com> Subject: RE: Revised PA It appears to be pretty straightforward. The abstract will need to be updated and according to this agreement it will be at your expense. This is usually the seller's expense and then the buyer pays for the title opinion. Updating the abstract can cost at least $125 to $400 if they have to create a new one. The attorneys title opinion will be another $150 or so. Occassionally, something can arise there that needs to be addressed (boundary issues, right of way, previous owners rights) If something does show up, then you need to let the city know within 20 days and then they have 30 days to fix it. I would request an estimate of these costs from them. In fact, they should be able to give an estimate of all costs. do you plan to do any soil testing? (for slumping, for example...not that it would make any difference for your use)According to what is written, you have the right to review any environmental reports the seller has (do they?) do you have a good recent survey? Are there any hazardous or diseased trees that the seller should remove prior to closing (that would be an expense for you if it fell on yours or your neighbors house?) If so, I'd request they be removed by the city forrester. How's the vacation going? I'm home alone with a cold and cozied up to the fireplace. P is at convention in San Diego. Did you know....aloha means to share the breath of life :) (little fact I learned at a seminar this week) 3/5/2009 i= CRYO' FPJ City of Fridley 6431 University Avenue NE Fridley, MN 55432 FAX TRANSMITT=AL= SHEET TO: From: '}v [,, 5 FAX#: FAX#: 19 `E- PHONE#: PHONE#: (051- `7G -�- 35 0 DATE: _ NUMBER OF PAGES (including cover): SUBJECT: ❑ URGENT ❑FOR REVIEW ❑FOR COMMENT ❑PLEASE REPLY NOTES/COMMENTS: THIS IS A COPY OF THE ORIGINAL DEED. THE ORIGINAL DEED IS HELD IN THE REGISTEROF DEEDS OFFICE AT ANOKA COUNTY a �0 No. ...........} # 1} l� ✓ NOTICE TO BOTHAUpITOIi._�iN�. j -tiIssved pursuant to 111iri£sota Statuteyr PUBCIIASER:Check thisdCCtix3ziritlllr 1 �^ Sections 232.01 to 2q2 12;Inclusive-, for errors before recordm �e3rlletio e i should be made before tha ct e 11IIN1 W-$OTA � STATE OF -_ 4IV:sdod Chaa?ted TO ' . ....._... I Tax statements for the real I ?.de in this instrument should be sent to: A$3 fee for this Deed must be charged against the Forfeited Tax Sale Fund. Name: City of Fridley Minnesota Statutes, Section 232.09. ---- Address: 6431 University Avenue I42 `axes paid by sale and transfer entered Fridley, Vdnnesota this............day of.............................19...... - - _..................................................................... County Auditor. BY....................................... Office of REGISTI;l1R OF TITLES Taxes for the year..........................on the srnTr OF MINNIFSOTA COUNTY OF ANOKA - within described lands paid this.............. t hereby cern/y that the within instrument day of...............................................19...... was lied in this o/lice on the_=--day ol- 6dA2 i - .................................... 3 1974 - . . Count Treasurer. � --- --"apt By....... '�-- `--S,.Registrar of Tiles —., nw�cy, By---- 1� 'moo e tom.f x OFFICE OF REGISTER OF (DEEDS °"UTY RCCISTRAR °F TITLES STATE OF MINNESOTA County of........� I hereby certify that the within Deed ~ was filed in this office for record on the "NO DELINQUENT TAX:i-- - v AND TRANSFER ENTERLD" day of..it1.,?R.......u_1..f.I........A.D. 19........,at.=�--q:o'clock....:......M.,and M D--u 1975-/_ was duly recorded in Book./O&1u ......of q� s Deeds,on page—g.�.. � - Auditor, Anoka County ............ Reafater or D•ala. B Deputy By.. �1-«L ze 51)Form 968 - STATE OF MINNESOTA DEPARTMENT OF TAXATION COI VETIANIE ON FORFEITED IT. IDS ISSUED PURSUANT TO MINNESOTA STATUTES,Sections 282.01 to 282.12 inclusive. THIS INDENTURE,Made this 11th day of JanuarZ 19_?4- between the - State of Minnesota,as party of the first part,and aty of Fridley, Go- on orrn - *al Unlit, of the County of "no'a and State of -ir-eSo , part y of the second part, WITNESSETH: WHEREAS,the land hereinafter described,having been duly forfeited to the State of Minnesota for the nonpayment of taxes,was sold under the provisions of Minnesota Statutes,Sections 282.01 to 282.12, inclusive,to the part-y_of the second part,and, WHEREAS,the said part.V of'the second part has paid in full the purchase price of said land and ha S otherwise fully complied with the conditions of said sale and--is—entitled to an appropriate conveyance thereof, NOW,THEREFORE,the State of Minnesota,pursuant to said statutes, and in consideration of the premises,does hereby grant,bargain,sell and convey unto the said part v_ of the second part, its �u asG�rc Jmirg and assigns, Forever, the following described land lying and being in. the County of Annka ,and State of Minnesota, to-wit: Lots Four (4) through Eight (8), inclusive, Block hh Lots'"ate Seventeen (17) and Eighteen (18), Block il)(Lots One (1) ;6< ,�� through Five (5), inclusive, Block Z,)Lots Ttro (2) through Nine (9), inclusive, Eighteen (18) through Twenty-One (21), $>�•`s 11 inclusive, and Lots Twenty-Eight (28), Thirty-.our (34), Thirty-Five (35), Thirty-Six (36), Thirty-Seven (37), and Thirty-Eight (38), all in Block ^,(Lots Fifteen (15) ""T through ''R,;enty-Five (25),)inclusive, all in Block B3, all located in River View Heights, excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mineral rights, as provided by law, TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and 'appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, its and assigns,Forever. No deed tax will be payable on this conveyance. IN TESTIMONY WHEREOF, the State of Minnesota has caused this deed to be executed in its name in the City of St.Paul,County of Ramsey and State of Minnesota,the day and year first above written. STATE OF MINNESOTA In Presence of: ARTHUR C.ROE(vtER 9 Commissioner of Taxation STATE OF MINNESOTA County of Ramsey On this lith day of January 1974 before me personally appeared ARTHUR C.ROEMER,Commissioner of Taxation of the State of Minnesota,to me known to be the person who executed the fore-going conveyance in behalf of the State of Minnesota and acknowledged that he executed the same as the free act and deed of said state pursuant to the statutes in such case made and provided. THIS INSTRUMENT WAS DRAFTED BY ARTHUR C. ROEMER � �, -��• COMMISSIONER OF TAXATION ST. PAUL,MINNESOTA 55145 in 7 PAGE i�b ✓ _ -- --- PURCHASE AGREEMENT This Purchase Agreement is made April 20, 2009, by and between THE CITY OF FRIDLEY, MINNESOTA, a Minnesota Charter City, located in Anoka County ("Seller") , and Justin Falconer Chapweske and Natalie Joy Chapweske, husband and wife (collectively referred to as "Buyer") Recitals A. Seller is the owner of that certain real estate located in the City of Anoka County, Minnesota, legally described as: Lots 4 through 6, inclusive, of Block M, Riverview Heights, as recorded in the office of the Anoka County Recorder and subject to an easement of record together with all improvements thereon (the "Property"). B. Buyer desires to acquire the Property by voluntary sale in fee simple absolute. C. Seller agrees to sell the Property to Buyer. Agreement In consideration of the mutual agreements made herein, Seller and Buyer agree as follows: 1. Offer/Acceptance. Buyer agrees to purchase and Seller agrees to sell the Property under the terms and conditions stated in this Agreement. 2. Purchase Price. The purchase price for the Property shall be ten thousand, two hundred forty eight and no/00s dollars ($10,248.00) and shall be payable as follows: a. One nine hundred dollars ($900.00) as earnest money, payable upon execution of this agreement. b. The balance of the Purchase Price in cash or by check or the equivalent on the Closing Date (as hereafter defined). The Buyer, in its discretion and in partial payment of the purchase price, may assume or take title subject to any existing indebtedness encumbering the Subject Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. 3. Marketability of Title. The Seller shall, on or prior to the date of this Purchase Agreement, deliver to the Buyer all unrecorded instruments relating to interests in the Subject Property, and an abstract of title or registered property abstract, as applicable. The Buyer shall, at its cost, have the abstract certified to a current date or, if necessary, have a registered property abstract prepared. After the date of delivery of the abstract or registered property abstract or the date of this Agreement, whichever is later, the Buyer shall have up to twenty (20) days for the examination thereof, and to deliver written objections, if any, to the Seller. Seller shall have 30 days after receipt of Buyer's written objections to make title marketable. a. If the Seller proceeds in good faith to make title marketable but fails to do so within the 30 day period, Buyer may terminate this Agreement without any liability on its part, and Seller shall promptly refund to Buyer the Earnest Money paid. b. If Seller fails to make title marketable within the 30 day period due to Seller's failure to proceed in good faith, or, if title is marketable but Seller defaults in its obligations under this Agreement, Buyer may seek any of the following remedies permitted under law: (i)terminate this Agreement by notice to Seller, in which event the Seller shall refund to Buyer the Earnest Money paid; or (ii) seek specific performance of this Agreement. C. If title is marketable or is corrected within the 30 day period and Buyer defaults in any of the agreements herein, Seller may terminate this Agreement and retain all payments made under this Agreement as liquidated damages. The termination period for a Notice of Cancellation of this Agreement shall be 30 days as permitted by Minnesota Statutes, Section 559.21, subd. 4. 4. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Buyer to purchase the Property shall be subject to the following conditions: a. Buyer shall have determined on or before the Closing Date that it is satisfied, based upon the results of and matters disclosed by any environmental or soil investigations or testing of the property, that there are no environmental or soil conditions that would materially affect the value of the Property or that would interfere with Buyer's proposed use of the Property for residential redevelopment purposes. Buyer and Seller each acknowledge that environmental contamination of any kind would interfere with Buyer's proposed use of the Property. b. Buyer shall have reviewed and approved title to the property pursuant to Paragraph 3 of this Agreement. 5. Environmental and Soil Investi ag tion. Buyer and its agents shall have the right, at its sole option and risk, to enter the Property for the purpose of testing soils, testing for asbestos containing materials, surveying, or doing such other work as may be necessary to determine the suitability of the Property for uses by the Buyer. If Buyer investigates and tests the Property pursuant to this section, Buyer shall pay all costs and expenses of such investigation and testing. Upon request of Buyer, Seller shall also permit Buyer to review all environmental reports and files, if any, relating to the Property and in Seller's possession. 6. Real Estate Taxes. On or before the Closing Date, Seller will pay all delinquent real estate taxes, penalties and interest, if any. 7. Special Assessments. On or before the Closing Date, Seller will pay all installments of special assessments certified for payment with real estate taxes payable in the year of closing. . Deferred Assessments and Taxes. Seller shall pay on date of closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 8. Closing Date. The closing shall take place at a location designated by Buyer on or before June 20, 2009. 9. Documents to be Delivered at Closing. On the Closing Date, Buyer shall deliver to Seller the balance of the purchase Price and Seller shall deliver to Buyer: a. A duly executed general warranty deed, conveying marketable title to the Property to Buyer, subject only to: (i) building and zoning laws, ordinances, state and federal regulations; (ii) utility and drainage easements which do not interfere with Buyer's intended use of the property; (iii)reservation of any minerals or mineral rights to the State of Minnesota. b. A duly executed affidavit of Seller. C. A receipt evidencing payment of real estate taxes which payment was due prior to the Closing Date. d. All documents necessary to establish marketable title to Buyer. 10. ClosingCom. Buyer shall pay all expenses of examination of title and recording of the Seller's warranty deed. Buyer shall also pay state deed tax. Seller shall pay all recording fees and charges relating to the obtaining of and filing of instruments required to make title marketable. 11. Utilities. Seller shall be responsible for payment of all utilities and insurance premiums through the date of closing or date of vacation, whichever is later 12. Covenants, Representations and Warranties of Seller. a. The signatories to this Agreement represent that they are the fee owners of the Property and are authorized to execute this Agreement. b. Seller warrants that it will take no actions to encumber title to the Property after the date of this Agreement and that it will indemnify and hold the Buyer harmless against any liens or encumbrances established in violation of this provision, specifically exempting herefrom the existing easement of record on the property. C. Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and, as of the date of this Agreement, is not aware of any facts the existence of which would constitute a violation of any local, state or federal environmental law, regulation or review procedure, or which would give any person a valid claim under the Minnesota Environmental Rights Act or the federal Comprehensive Environmental response, Compensation and Liability Act. d. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. e. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. f. The warranties made in this paragraph shall survive closing without merger in the deed. 13. Covenants, Representations, and Warranties of Seller. Seller is the City of Fridley, Minnesota, organized under the laws of the State of Minnesota and has the power to enter into this Agreement and to carry out its obligations hereunder. The signatories to this Agreement represent that they are authorized to execute this Agreement on Buyer's behalf. 14. No Broker Involved. The Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission or finder's fee in connection with negotiations for the sale of the Property. 15. Possession and Insurance. Seller shall deliver possession of the Property to Buyer on the Closing Date in the same condition as exists on the date of this Agreement, with the exception of removal of the items described in paragraph 1 hereof. Risk of loss from casualty or any liability incurred by or as a result of the use or contact with the Property shall be the Seller's until delivery of possession to the Buyer as herein provided. 16. Personal Property. On the date when possession is transferred to Buyer, the Seller shall have removed from the Property any and all personal property belonging to him, which is not included in this sale. Any personal property, which is not removed by the date of transfer of possession, shall be considered abandoned. The Seller agrees to indemnify and hold the Buyer harmless for all costs incurred in disposing of personal property left in or at the Property by the Seller after the date of transfer of possession. 17. Removal of Hazardous Material. Seller, prior to vacation of the Property, shall remove all substances, which, under state or federal law, must be disposed of at an approved disposal facility. This includes, but is not limited to, used oil, paints, solvents, fertilizers, poisons, and the like. 18. Relocation Costs. The Buyer acknowledges that any responsibility to pay relocation costs and benefits in accordance with Minnesota Statutes, Chapter 117, is a separate obligation, no part of which is reflected in the purchase price contained in paragraph 2 above. 19. Well Disclosure. Seller is unaware of any current or past existence of any wells on the property. 20. Disclosure; Individual Sewage Treatment System. Seller discloses that there is not an individual sewage treatment system on or serving the Property. 21. Entire Agreement; Amendments. This Agreement represents the complete and final agreement of the parties and supersedes any prior or contemporaneous oral or written understanding between the parties. This Agreement may be amended only in writing, signed by both parties. 22. Binding Effect; Assignment. This Purchase Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. Each party agrees to give the other party notice prior to assigning its interest in the Property or this Agreement. 23. Notice. Any notice, demand, request or other communication which may or shall be given or served to or on Seller by Buyer or to or on Buyer by Seller shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: (1) If to Seller: City of Fridley, Minnesota Attention: Dr. William Burns 6431 University Avenue, N.E. Fridley, MN 55432 (2) If to Buyer: Justin and Natalie Chapweske 530 Dover Street Fridley, MN 55432 24. Specific Performance. This Purchase Agreement may be specifically enforced by the Buyer. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed on the date written above. SELLER: BUYERS: City of Fridley, Minnesota By. William Burns, City Manager / "�G�.( ► Q-- � �S ri By: l cott Lun , M yor S:pur agree 012809 Purchase Agreement- Lagesse.doc 4/29/09 9:24 PM PURCHASE AGREEMENT 9 This Purchase Agreement is made A-pk / 3O ,2009, by and between THE CITY OF FRIDLEY,MINNESOTA,a Minnesota Charter City,located in Anoka County("Seller"),and Garland C.Lagesse,Jr.and Jane M.Lagesse husband and wife (collectively referred to as'Buyer") Recitals A. Seller is the owner of that certain real estate located in the City of Anoka County, Minnesota,legally described as: Lots 7 and 8,inclusive,of Block M,Riverview Heights,as recorded in the office of the Anoka County Recorder and subject to an easement of record together with all improvements thereon(the"Property"). B. Buyer desires to acquire the Property by voluntary sale in fee simple absolute. C. Seller agrees to sell the Property to Buyer. Agreement In consideration of the mutual agreements made herein,Seller and Buyer agree as follows: 1. Offer/Acceptance. Buyer agrees to purchase and Seller agrees to sell the Property under the terms and conditions stated in this Agreement. 2. Purchase Price. The purchase price for the Property shall be six thousand eight hundred eighty two and no/00s dollars($6,882.00)and shall be payable as follows: a. One six hundred dollars($600.00)as earnest money,payable upon execution of this agreement. b. The balance of the Purchase Price in cash or by check or the equivalent on the Closing Date(as hereafter defined). The Buyer,in its discretion and in partial payment of the purchase price,may assume or take title subject to any existing indebtedness encumbering the Subject Property,in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. 3. Marketability of Title. The Seller shall,on or prior to the date of this Purchase Agreement,deliver to the Buyer all unrecorded instruments relating to interests in the Subject Property, and an abstract of title or registered property abstract,as applicable. The Buyer shall,at its cost,have the abstract certified to a current date or,if necessary,have a registered property abstract prepared. After the date of delivery of the abstract or registered property abstract or the date of this Agreement, Page 1 of 6 012809 Purchase Agreement- Lagesse.doc 4/29/09 9:24 PM whichever is later,the Buyer shall have up to twenty(20)days for the examination thereof,and to deliver written objections,if any,to the Seller. Seller shall have 30 days after receipt of Buyer's written objections to make title marketable. a. If the Seller proceeds in good faith to make title marketable but fails to do so within the 30 day period,Buyer may terminate this Agreement without any liability on its part, and Seller shall promptly refund to Buyer the Earnest Money paid. b. If Seller fails to make title marketable within the 30 day period due to Seller's failure to proceed in good faith,or,if title is marketable but Seller defaults in its obligations under this Agreement,Buyer may seek any of the following remedies permitted under law: (i) terminate this Agreement by notice to Seller,in which event the Seller shall refund to Buyer the Earnest Money paid;or(ii)seek specific performance of this Agreement. C. If title is marketable or is corrected within the 30 day period and Buyer defaults in any of the agreements herein,Seller may terminate this Agreement and retain all payments made under this Agreement as liquidated damages. The termination period for a Notice of Cancellation of this Agreement shall be 30 days as permitted by Minnesota Statutes,Section 559.21,subd.4. 4. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Buyer to purchase the Property shall be subject to the following conditions: a. Buyer shall have determined on or before the Closing Date that it is satisfied, based upon the results of and matters disclosed by any environmental or soil investigations or testing of the property,that there are no environmental or soil conditions that would materially affect the value of the Property or that would interfere with Buyer's proposed use of the Property for residential redevelopment purposes.Buyer and Seller each acknowledge that environmental contamination of any kind would interfere with Buyer's proposed use of the Property. b. Buyer shall have reviewed and approved title to the property pursuant to Paragraph 3 of this Agreement. 5. Environmental and Soil lnvestiag tion. Buyer and its agents shall have the right,at its sole option and risk,to enter the Property for the purpose of testing soils,testing for asbestos containing materials,surveying,or doing such other work as may be necessary to determine the suitability of the Property for uses by the Buyer. If Buyer investigates and tests the Property pursuant to this section,Buyer shall pay all costs and expenses of such investigation and testing.Upon request of Buyer,Seller shall also permit Buyer to review all environmental reports and files,if any,relating to the Property and in Seller's possession. 6. Real Estate Taxes. On or before the Closing Date,Seller will pay all delinquent real estate taxes,penalties and interest,if any. 7. ficial Assessments. On or before the Closing Date,Seller will pay all installments of special assessments certified for payment with real estate taxes payable in the year of closing. . Deferred Assessments and Taxes. Seller shall pay on date of closing any deferred real Page 2 of 6 estate taxes or special assessments payment of which is required as a result of the closing of this sale. 8. Closing Date. The closing shall take place at a location designated by Buyer on 9. Documents to be Delivered at Closing. On the Closing Date,Buyer shall deliver to Seller the balance of the purchase Price and Seller shall deliver to Buyer: a. A duly executed general warranty deed,conveying marketable title to the Property to Buyer,subject only to:(i)building and zoning laws,ordinances,state and federal regulations;(ii)utility and drainage easements which do not interfere with Buyer's intended use of the property;(iii)reservation of any minerals or mineral rights to the State of Minnesota. b. A duly executed affidavit of Seller. C. A receipt evidencing payment of real estate taxes which payment was due prior to the Closing Date. d. All documents necessary to establish marketable title to Buyer. 10. Closing Costs. Buyer shall pay all expenses of examination of title and recording of the Seller's warranty deed.Buyer shall also pay state deed tax.Seller shall pay all recording fees and charges relating to the obtaining of and filing of instruments required to make title marketable. 11. Utilities. Seller shall be responsible for payment of all utilities and insurance premiums through the date of closing or date of vacation,whichever is later 12. Covenants.Representations and Warranties of Seller. a. The signatories to this Agreement represent that they are the fee owners of the Property and are authorized to execute this Agreement. b. Seller warrants that it will take no actions to encumber title to the Property after the date of this Agreement and that it will indemnify and hold the Buyer harmless against any liens or encumbrances established in violation of this provision,specifically exempting herefrom the existing easement of record on the property. C. Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and,as of the date of this Agreement,is not aware of any facts the existence of which would constitute a violation of any local,state or federal environmental law,regulation or review procedure,or which would give any person a valid claim under the Minnesota Environmental Rights Act or the federal Comprehensive Environmental response,Compensation and Liability Act. d. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. e. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. Page 3 of 6 012809 Purchase Agreement- Lagesse.doc 4/29/09 9:24 PM f. The warranties made in this paragraph shall survive closing without merger in the deed. 13. Covenants,Representations,and Warranties of Seller. Seller is the City of Fridley, Minnesota,organized under the laws of the State of Minnesota and has the power to enter into this Agreement and to carry out its obligations hereunder. The signatories to this Agreement represent that they are authorized to execute this Agreement on Buyer's behalf. 14. No Broker Involved. The Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission or finder's fee in connection with negotiations for the sale of the Property. 15. Possession and Insurance. Seller shall deliver possession of the Property to Buyer on the Closing Date in the same condition as exists on the date of this Agreement,with the exception of removal of the items described in paragraph 1 hereof. Risk of loss from casualty or any liability incurred by or as a result of the use or contact with the Property shall be the Seller's until delivery of possession to the Buyer as herein provided. 16. Personal Prone. On the date when possession is transferred to Buyer,the Seller shall have removed from the Property any and all personal property belonging to him,which is not included in this sale. Any personal property,which is not removed by the date of transfer of possession,shall be considered abandoned. The Seller agrees to indemnify and hold the Buyer harmless for all costs incurred in disposing of personal property left in or at the Property by the Seller after the date of transfer of possession. 17. Removal of Hazardous Material. Seller,prior to vacation of the Property,shall remove all substances,which,under state or federal law,must be disposed of at an approved disposal facility. This includes,but is not limited to,used oil,paints,solvents,fertilizers,poisons,and the like. 18. Relocation Costs. The Buyer acknowledges that any responsibility to pay relocation costs and benefits in accordance with Minnesota Statutes,Chapter 117,is a separate obligation,no part of which is reflected in the purchase price contained in paragraph 2 above. 19. Well Disclosure. Seller is unaware of any current or past existence of wells on the Property. 20. Disclosure,Individual Sewage Treatment System. Sellers disclose that there is not an individual sewage treatment system on or serving the Property. . 21. Entire Agreement;Amendments. This Agreement represents the complete and final agreement of the parties and supersedes any prior or contemporaneous oral or written understanding between the parties. This Agreement may be amended only in writing,signed by both parties. 22. Binding,Effect•As, Slgnment. This Purchase Agreement shall be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns. Each party agrees to give the other party notice prior to assigning its interest in the Property or this Agreement. 23. Notice. Any notice,demand,request or other communication which may or shall be given or served to or on Seller by Buyer or to or on Buyer by Seller shall be deemed to have been given Page 4 of 6 012809 Purchase Agreement- Lagesse.doc 4/29/09 9:24 PM or served on the date the same is deposited in the United States mail,registered or certified,postage prepaid and addressed as follows: (1) If to Seller: City of Fridley,Minnesota Attention:Dr.William Burns 6431 University Avenue,N.E. Fridley,MN 55432 (2) If to Buyer: Garland C.and Jane M.Lagesse 7951 Broad Avenue N.E. Fridley,MN 55432 24. Specific Performance. This Purchase Agreement may be specifically enforced by the Buyer. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed on the date written above. SELLER: BUYERS: City of Fridley,Minnesota 4-�_C/ { William Burns,City Manager By: liljrt Scott Lun ay r S:pur agree Page 5of6 Page 1 of 2 Jones, Julie From: Larry Mountain [Imountain@LandTitlelnc.com] Sent: Friday, April 04, 2008 3:32 PM To: Jones, Julie Subject: RE: purchase agreement Julie, here is the estimate of closing costs for the Buyer: $56.00 Owners Title Insurance in the amount of$13,935.00 $130.00 Title Examination; $150-350 Abstracting; $30.00 Name Search; $35.00 Assessment Search; $250.00 Closing Fee; $46.20 State Deed Tax; $5.00 Conservation Fee; and $70.00 Recording fee. The abstracting charge is a variable because the cost varies on wheter the property is abstract or torrens. Also, we won't be able to determine if the property has marketable title until we have done our search of the property records. Please let me know if you have any questions or if you would like to proceed with the Title Commitment. We could have the Commitment out in a week or less and close shortly after that. Sincerely, Larry S. Mountain nn t, J(� �A� �CLL�O Land Title, Inc. 1900 Silver Lake Road, Suite 200 New Brighton, MN 55112 Ph. (651) 697-6116 Fax (651) 697-6106 email Imountain@landtitleinc.com From: Jones, Julie [mailto:JonesJ@ci.fridley.mn.us] Sent: Thursday, April 03, 2008 12:42 PM To: Larry Mountain Subject: purchase agreement Here is the document our attorney drafted regarding the situation we just discussed on the phone. If you could give me an idea of the costs for presenting the buyer with marketable title and closing costs and a timetable for closing, I would appreciate it. Thanks for your help. 4/7/2008 THIS INSTRUMENT PREPARED BY: City of Fridley ovm 6431 University Avenue NE Fridley, MN 55432 PIN Nos.: 033024320043 2007830 . 001 PERPETUAL DRAINAGE AND UTILITY EASEMENT This indenture is made this 11 141� day of '_.-- , 2009 by the CITY OF FRIDLEY, a political subdivision of the State of Minnesota, 6431 University Avenue NE, Fridley, MN 55432, as follows: The City of Fridley hereby establishes, and binds itself and any future owner or owners of the subject property, including their successors and assigns(Owner(s)), a perpetual drainage and utility easement over that portion of the City of Fridley's property described below: Lots 4 through 8 inclusive, Block M, Riverview Heights Addition, in the City of Fridley,County of Anoka, Minnesota. The City of Fridley reserves the right over the following described tracts for drainage and utility purposes, and is granted the right and authority to establish and maintain drainage and utilities within the subject easement, including the right to enter upon lands. The Owner(s) of the property shall retain primary responsibility for maintenance of the subject property, including existing conveyances, floodways, and floodplains. Owner(s)of the property will not interfere with and will not perform or undertake any activity that could damage or restrict the City of Fridley's use or operation of its facilities or City of Fridley's easement rights. Owner(s) will maintain the subject property free of encroachments. If Owner(s) fail to maintain the subject property free of encroachments,the City of Fridley may remove any encroachments of Owner(s)on the City of Fridley's easement and Owner(s)will be responsible for bearing the cost of any such removal. The City of Fridley warrants that subject to existing easements, if any, for public highways, roads, railroads, laterals, ditches, pipelines and electrical transmission and/or distribution lines and telephone and cable television lines covering the land described above, the City of Fridley is lawfully possessed of the land and has good and lawful right and power to convey, and that the property is free and clear of all liens and encumbrances except as recorded in the public records. This easement runs with the land and is binding on the Owner(s), their successors and assigns. Dated: 9_aw' _ _ 2,�,e CITY OF FRIDLEY By: aff Scott Lun `� T William Burns Mayor City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) This instrument was acknowledged before me on J /X-i_ 2009,by the City of Fridley,Minnesota,a Minnesota municipal corporation who acknowledged that ey executed the instrument on behalf of said municipal corporation as its free act and deed for the uses and purposes mentioned in the instrument. Dated: 1/) 01 DLA Notary Public Print Name My commission expires ROBERTA S.COWNS Notery Public-Minnesota My commission Expires Jan 31,2010 (Use this space for notary stamp/seal) This instrument drafted by City of Fridley Engineering Division,6431 University Avenue NE,Fridley,MN 55432 ruv�il>tl l..ll Illy I 1 1V111V Nr,aV l lel Document No.: 2007830.001 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 06/02/2009 10:36:00 AM Fees/Taxes In the Amount of $48.00 MAUREEN J. DEVINE Anoka County Property Tax 4dministrator/Recorder/Registrar of Titles LKG, Deputy Ak IQ Record ID: 2207696 CO$ ,s.,n..\.•.P.,:`J..r:\.M!..+,^,f.,...,�w r,;.o.,.:,r x;\.n n n Al 05/21/2009 08: 19 FAX 6516381994 LAND TITLE NEW BRIGHTON Ia 001/009 IV LACIDT IT' L1 service beyond thu expected TITLE PRODUCTION f J ' To.- From: Fax: L J -71 f 47 7 Pages: Including fax caper sheet Phone: W.� bate: j . . .w..,_..w Re' 15 0 C�,� � a r j ce,.S ; 0 Urgent 0 For Review 0 Please Reply CI As requested o Comments: D SUPPLEMENTAL COMMITMENT � hand f itle 1500 Silver Lake Road, Suite 200 New Orightnn, MN 55112 (651) 638-1500 (651) 638-1994 Fax www.landtitleinc.com 0512112009 08: 19 FAX 6516381994 LAND TITLE NEW BRIGHTON IJ002/008 Stewart Title Guaranty Corttpaliv INSued by its Agetnt, Latltl "Title>, Inc. 1')00 silver L.ake Road,Suite 200 New fb ighton, MN a:+1 12 COMMITMENT tit:IIEDUL.t: A (W'I111i3litriletit No. 3250()$ Cast' No, 325008 I, Efl` dive fate: April 20, 2009 at 7:00 A.M. 2. Policy or Politics to be issued- fa) px A1..TA 0w.ucr's Policy, -6l17/06 Ammon $10.248-00 Propp5ed Itlsttred: .lustill ! i11('i.)nCr C'hahwcske and Natalie .Icy C11 p\,vCSkC (b) 0 AVA'A lmiig Form Loatl Policy . 6/17/06 Amount -0 - Proposed Insured: NONL 3. fitle it? tllc FCC Simple vststv or interest ill tilt: 1:11111 &SCI"Il7ell ter r4h:rred to ITl this Commitn1cill is a1 the effixdve date hereof vested in; City of Fridley 4, 'T'he I and rete:rred to Itt the(.'UI1mill,ment is described as follows: Lots,4. 5 and (i, of klouk M, Riverview 11c idifs. Moka Comity, M imicsola. Fridley, Mituiesom 55432 Abstract I'roperty� Anoka County his ammth.mcnt is invalid unless the tichcdulcs A and 11 ul'e attached. ` f Schedule iA consists(i1' I page(s) 05/21/2009 08: 19 FAX 6516381994 LAND TITLE NEW BRIGHTON Ia003/009 Stewart `Title Cu.t ,anty (:ompally Isrued by its Agent, i..and Title, Inc. 1900 Sih,cr 1 akc 11mid,tiuitc 200 Nr-w lkigbloil, MN 55112 COMMITMENI" SCHEDULE I3-Section I Ite<luirements I 1. The lidlo wing are. the. requirenlcrlts to be cc'lnlphed with: A. Payments 1c), or Itir lll(� accotml of the seller"or mortgages of the hill consideration f%tr the esl;ite 01' itltcrCSt tO b0 111Stq'Cd. B, instruments ill nlstirtthle lillrnl WhiCh MUSt be executed, delivered and(Jule tiled for record. C.', 1 lle legal description Contained hererl) will re.mill Ili a split of arm existing tax pareel. Approval lar the split must be obtained from the municipality in which the j-)w1wrty is located and he shop vrr on the deed prior I.o closing. As with all lax parcel ,;plitti, all taws Im the: current uenr must be paid in tiill. 1'). Warrasuy I)s:ed frt,m City of Fridley to Justin FaIcoIler Chapweskc and Natalie Jov CN I'hs: Standard 1,61-111 tie seller and/or Purchaser's Allid,lvit, afislilctor�- tel lite C'cmip, , will I)e required. NOTE: /15 no Abstract of Title vvms furnished to Land Fitle, Inc., this examination was done Crom the records al the. Anoka (.-'minty Recorder. t 1 1 Carse No. 3'F)5098 Commitment No. 3270013 M..'FA Commitment mitment 2006 This rommiluswnt is inv;did unle.s.s the Insuring, !'envisions and 4chedulcs n and 11 circ:att;l lwd. "c;licduie 111 consists of I pates) 05/21/2009 06:20 FAX 6316361994 LAND TITLE NEW BRIGHTON f�404/009 Stewart Title Gnaranty Company Issued by its Agent, Land Title, fnc. ! 1900 Silver Lake Road,tiuite 200 New 13ril;lttnn.'rvI 55I12 I r I (70lV1MI TNIEN'*[` SC1;i.1s;1)I.11,1: 13- SecHon 11 16sceptions The policy or policies to be issued will contain exceptions to the ti)lle:wing miles the sante- are disposed of,to the sat istiaction of the ("onlpany. 1, 1)c1ects, liens, encumbrances, adverse(dainis or other rna!K7%. ii'any, created, first appearing; in the public re"wds or Maching Subsegtlou to the: F?I'Iccl.ivc Date he.vol but prior to the (late the Proposed I17SLII'tCl acquires 1«r value cri'rc 4.e>rc) the estate or irttirrest or rncart crge thereon covm—d by this Cornmltme t. NOTE': Upoll closirti;4vit1� I..au�# 'Title, tile., Item t on Schedule 1144 will be delelvd,'f'he Initial Policy will exleynd coverage as to the gap between the. i-.ffeetive. Date listed ill fie"' 1 of Schedule A and the elate of recording of the instruments creating (he iulerest to be insured. 2. Now or claims of panics in possession not shown by the public records. , Any Cmcroachment, encumbrance, violator. varrrit0m.or adverse circumstance affecting th4 .l ltic that would be disclosed by un accurate and cornpide land survey of the Land. 4. Easements or Aims ofcasonents, which ars' rrot. ,liown by the public records. 5_ Any lien or ri;;W to a lien for soviets, labor or nuatcrAl heretokwe or llc:rcaft4r.furnished, irnposcd by lute•and not Shown by the. public rCccaRIS. f,. "1':xes or special a ssessillc111S which ore reit shmvn as exist.ing liens by the records. 7. General and special taxes and assessments as hemaner MIS. il'any. (all amounts shown bcinz cxc'lusivQ of interes't, penalties and cosizi). n, No coveragc is provided for municipal code compliance mattcrs and tees including, but not limited to, utilitiC.S. water or sCwcr'sC.rUices, or tees Or tree, weeds. Wass, and snotty car gmhage r'ernmal, poliCe lxrlydin�„ Vacant building rcgistralion and zoning. U, faxes payable in 2000 are exernpt. (t1U0W2MU-t)(= (Covers Addhionul Property) 10. Levied and peracling. special assessments have: seen ordered. 3 11, rill rnineralS and mineral rights are reserved to the State ominnesola.. (.'.asp No. 325094 Commitment No, 2,ti09;t A1:FA C'ununitinerar This comnitmc:ot is urtiww umms the howNg Provisions and Svtu•"Ns A and B my amdwd. sclieLlt)[e 1Q c[msi sv-,of 2 page(s) 05/21/2009 08:20 FAX 6516361994 LAND TITLE NEW BRIGHTON /6005/009 Stewart Title Guaranty Company Issued by its Agent, Land Title, lne.. ly00 tiilvcr I_tk(: ttu:ui,Suite 200 New Brighton, MN 551 12 COMMITMENT S(111 DULL' 13-$edion 11 Exeettt imis 12. I€'lherv: ire amy.(ILI stjow., repardittg this("muunitiricnt, please colit"1 l Roy Mahlberg at (651.1697- 61 31 ctr by email :it rnmIiIbcro(d]i,fail dtitic iilc.com. i I C.axe No. 325098 Co mtimmit No. 325098 `f Al,'TA(:Mii miktvivm 2"006 1'111s comma tem i, invalid tmless the ft:,urill".Provisions aiul Scltrdtslrs A and li etre attached. Schuiule 132 cun;ists of 2 1?a,e(s► 05121/2009 08:20 FAX 6516381994 LAND TITLE NEW BRIGHTON IaOO6/009 Stewart Title C:naratth' C'OMIN1111V Issued by its gent, I.and Title, 111c. 1900 Silver 1.,akt:TLosd,Suitc 200 Ncrr' Brighton. MN 55112 COMMITMENT I l I S('1•II.UULE A ('omwitment No. 325099 Case No. ,25099 I. I.ticatjvQ I).l1c: April 20, 2009 at 7;00 AM, >. Policy or Policies 1() be k-Silec]. (.t) U ALTA ()wts4r`ti Policy - (i/f T06 Animint $6,882.00 IIr()poscd hiss-ed: Garland C. L.,agcssc Jr. and Jane N-1. ["ag*,-tysee (11) 0 Al-TA L(in= 1''01-111 I.irut Policy 6/17/06 Amount - O- Proposed Insured: NONE ?. "ride lc, 111e Fre. Slllll)IN esusty or Illwnl st Ill the land dcScril d or relcl-red to ill tim sent mitsllclll is al till` 014c lvc (lute I1r.reof'Vested ill' (ally of Frlcllty t. 'I'lic laricl re.ferrc(f to ill Ilia Commitment is described as fOIfolws; Lots 7 anis 8, ol'Flock NA. Riverview- I leights, Anob (.'ounty. inttes()1a. Fridicy. Mizin ;sola 55,132 1 Absirael Property. Anka County 'Tllis collinlillm.,111 is invali(1 ulliess tine Illsurilig Pr[ivisiu►ls ind ',Schetiules A and 1.4 ary atlnchcd_ SCIMILde A consists of I paLe(s) 05/21/2009 08:21 FAX 6516381994 LAND TITLE NEW BRIGHTON /6007/009 ltlwilt"t I'iitlle (+uai-arty COMP-any Issued by its A,irent, bind Title, Inc. 1900 Silver Lake ituad,Suite 200 New tkighlmi, N1N- 5511 '.OM M iT M El N'I, !iC'1I[1:1)t€.li,r. 13- Section 1. Requil-Cluents 1. 'I'hc (ollow in�g are the requirements to be complied with; A, Pa yinents to, or for the accotint of, tilt+ sellers or mortgages of fllo 6.111 Consideration for the estate or interest to N: iiistlrod, histrimlents in insurable:. i01111 W€liCh 111Utit be exccitled. dclivered and duly filed for record_ The legal description contained € orcin will result in a split cd tin existing tax. €)arccl. Approval for the split Hurst be o€1t,linccl lccslrl file Iilurliciptility it) ►vllic;h the property is 10cated and he. sh()WIl Ott dle det•.c€ prior 10 Closing. As, witli all tax Marcel splits, all taxes for illy conceit year lnl st be paid in i`t,ll, I), Warrant y Deed from City of l:ridley to(;arltn d C. Ulgesse!r, olid .lsnlc. M. I"lgassec. €". The standard fort!! of ScIlcr's aridlor hirchaser' Allt7davil. to the ((mipany, will be relµ,ir�ll. NOTE: As no Abstract of 'Title was furnished to L.,and Tille, Inc.., this examintl6oll ,v;rs dolle 11'om the records of the Anoka County Kccordcr. t Case No, 32�,099 C'u,rsnsitrsscnl No. 3250Rc) Al-FA C onanit.ment 2006 1"his commitment is invalid unless the Insurillg P11'OViSiO115 atld tichQdiilcs A and 1.1 are i fladiv 1, Schedule B t cotlsists of I Page(s) 05/21/2009 08:21 FAX 6516381994 LAND TITLE NEW BRIGHTON 0081009 Stelvart 'Title Guaranty Compall issued by its Agent, Land 'Title, Irrc. 1900 Silver 1.alm Road,Suite 200 New Brightolt,NIN 55112 COMMITMENT I T:xcillltinrlr' -i'hc: policy or lac>licios tli be issued will contain exception-, to the J'ollowtng unless the carne are disposed of,to the satisfaction of the Compally. I, Detects' licils, encumbrances,adverse claims or other matters, if any.created, first appcarlrig in the public records or altaching, subsequent to the l.;l'I�clive 1.)ale hereof but T>ric)r u) the date the Proposed Insured arcluircS for value of record the estate or itlterest 0r rnortr tge thereon covered by Ellis Commitment. NOTE..: I?putt dosing VVith Land Title,like., Item I t►u Schedule B-11 will be deleted. The Final Policy will extend Coverage as to file gap between elle vil't'etive late listed in Item I of Seliedtlle . and tilt datr of 1 ccorttin�;o#'Elle instrulllcrttti creating the interest to be insured. 1, light~ or claims(11 pat'tli'S in possessiori tint shown I)y the 1)ttblic records. 3. Any encroachment, eneumbrarlce, violatio variaticxt, or adverse circunistance affecting the.Title that would be disclosed by an accurate and complete land survey of the Land, 4, Easements or claims of easements,which are not shown by the public records. 5, Any lien oi-right to a lien tier services, labor or material heretofore or hercal'Icr ftiml, nr.cl, imposed 1)y law and mist shown by the public 1•ecorik. 1 G. Taxes or special aswssillCnts which are not shown as existing hens by the records, 7_ General and special taxes and assessment, as hereafter listed, if any(all amounts shown beim, exeltlSivc of inlervsI, p(mallics and costs). S. No covera)?c is provided for municipal elide Compliance malte.rs find fees irieittc1111,g but not litllitcci to, titilitics, water or sewer Sen,iceS, or lees fir tree~., weeds, gass, and sno", or garbagc removal, police boarding, vacant building registration and zonin;l,. i j 9. Taxes payable: in 2009 are exempt. ('03-30-24-32-0043) (Covers Additional Property) 10. Levied and pending special assessments have been ordered. 11. All ntincr,ils and minenll rights are resec,vtd t0 the State ofMinriesota. Case No. 325()99 (:'ommitment No. 325099 A1.1-A (.17mmilment 2006 this cuninlitilleill is invalid unless the Insuring Provisions and Scheduics A and B are attached. 1 Schedule B2 consists ul' 2 paLr(s) 05/2112009 08:21 FAX 6516381994 LAND TITLE NEW BRIGHTON la 009/009 Stewart Title (4mranty C'..ompany Issued by its Agent, 1,.And `ritic, lnc. 1900 Silvvr 1-1ke 16ad,tiuile 200 Ncw IIriglsii,n, :VIN 55112 C OMMITMI N'l' SCHEDULE 1i- Section 11 1s`xceptions 12. 1I'there art ssny cJueslitmti repardim (his C ommi(mejil. plcasc con(act Roy 1�lahlhcr`,al.(651)697- Cl 6131 or by entail at rmahIbcgz(Ci,landtltlei lic.eo11t. I I I i Case No. 25099 Commitment No. 325099 ALl'A Commitment 2006 ' I"his commiUrsent is invalid unless the Insisting;Provisims<md Schedules Amid B are:ttl:ached. Schedule 112 coin;ists oC 2 pagc(s) Form No. 11-M—WARRANTY DEED Corporation,Partnership or Limited Liability Company to Joint Tenants DEED TAX DUE: $33.82 Date: June 9, 2009 FOR VALUABLE CONSIDERATION, The City of Fridley, a municipal corporation under the laws of Minnesota, Grantor, hereby conveys and warrants to Justin Falconer Chapweske and Natalie Joy Chapweske, Grantees, as joint tenants, real property in Anoka County,Minnesota,described as follows: Lots 4,5 and 6,of Block M,Riverview Heights,Anoka County,Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: covenants, conditions and restrictions,of record,if any. Check box if applicable: 9 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 file well disclosure certificate. City of FridVby By: " Affix Deed Tax Stamp Here Scott J LiTnd Its: /Mayor By: William W. Burns Its: City Manager STATE OF MINNESOTA SS. COUNTY OF ANOKA This instrument was acknowledged before me on June 9, 2009 , by Scott J. Lund , the Mayor and by William W. Burns 'the City Manager of The City of Fridley, a municipal corporation under the laws of Minnesota,on behalf of the municipal corporation . OTATARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK): 'L f ROBERTA S. COWNS SIGNATURES OTARY PUBLIC OR OTHER OFFICIAL Notary public-MhWW1h M ` Y Commtaaion Ins.Nn 31,9010 Check here if part of all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Justin Falconer Chapweske Land Title,Inc. 5 s'0 i7over Sfi 1900 Silver Lake Road,Suite 200 New Brighton,MN 55112-1789 �- G 3 00.11 , Approv d for subdivi ion By: `I ' ity 0f ri16 Buyer's Closing Statement 6/4/09 2:39 PM File 325098 Land Title, Inc. (651) 638-1900 Buyer's Closing Statement Buyer(s) Justin Falconer Chapweske Natalie Joy Chapweske Seller(s) City of Fridley Lender Property Lot 4-6, Block M,Riverview Heights Fridley,MN 55432 Closing date 6/9/2009 Proration date 6/9/2009 Escrow Officer Roy Mahlberg 651-697-6131 Debit Credit ContractSales Price............................................................................................................................... 10,248.00 Deposits: Deposit or earnest money Justin Falconer Chapweske.............................................................................. 900.00 Title Charges: Settlement or closing fee to Land Title, Inc............................................................................................... 150.00 Abstract or title search to Land Title,Inc................................................................................................... 175.00 Title examination to Land Title, Inc............................................................................................................ 150.00 Title insurance to Land Title Inc./Stewart Title$100.00............................................................................ Owner's coverage to Land Title Inc./Stewart Title Liabilityamount$10,248.00.................................................................................................................. 100.00 NameSearch&Review to Land Title, Inc. ................................................................................................ 30.00 Recording Fees/Transfer Charges: Recording fees:to Anoka County Deed$46.00......................................................................................................................................... 46.00 Statetax/stamps:to Anoka County............................................................................................................ 33.82 ConservationFee to Anoka County............................................................................................................ 5.00 Subtotal: 10,937.82 900.00 Balance due from Buyer: 10,037.82 Totals: 10,937.82 10,937.82 THE UNDERSIGNED, by the execution hereof, hereby(i) acknowledge that they have read the above and foregoing Closing Statement,(ii) acknowledgethat the same is true and correct,and(iii)authorize and direct the Closing Agent to receive all amounts and disburse all amounts pursuant to the foregoing Closing Statement. It is mutuallyunderstood and agreed the taxesare estimatedand in case of adjustment same will be made betweenthe parties hereto.The Closing Agent is relieved of any responsibility with the adjustment of said taxes. -----:Bastin Falconer Chapyse !-1 Natalie Joy'Chapweske Paqe 1 Seller's Closing Statement 6/4/09 2:39 PM File 325098 Land Title, Inc. (651) 638-1900 Seller's Closing Statement Seller(s) City of Fridley Buyer(s) Justin Falconer Chapweske Natalie Joy Chapweske Lender Property Lot 4-6,Block M,Riverview Heights Fridley,MN 55432 Closing date 6/9/2009 Proration date 6/9/2009 Escrow Officer Roy Mahiberg 651-697-6131 Debit Credit ContractSales Price............................................................................................................................... 10,248.00 Other Adjustments: Deposit or earnest money Justin Falconer Chapweske.............................................................................. 900.00 Subtotal: 900.00 10,248.00 Balance due to Seller: 9,348.00 Totals: 10,248.00 10,248.00 THE UNDERSIGNED, by the execution hereof, hereby(1) acknowledge that they have read the above and foregoing Closing Statement,(11) acknowledgethat the same is true and correct,and (iii)authorize and direct the Closing Agent to receive all amounts and disburse all amounts pursuant to the foregoing Closing Statement. SUBSTITUTE FORM 1099 SELLER STATEMENT-The Information contained In Blocks E,G,H and I and on line 401 (or,if line 401 is asterisked, lines 403 and 404),406,407 and 408-412(applicablepart of buyer's real estate tax reportableto the IRS)is Importanttax informationand is being furnished to the IntemalRevenueService.If you are requiredto file a return,a negligencepenallyor other sanction will be Imposedon you if this Item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION- If this real estate was your principle residence,file form 2119,Sale or Exchange of Principal Residence,for any gain, with your income tax return;for other transactions,complete the applicable parts of form 4797, Form 6252 and/or Schedule D(Form 1040). You are required by law to provide Land Title, Inc.(651)638-1900 with your correct taxpayer identification number. If you do not provide Land Title, Inc.(651)638-1900 with your correct taxpayer Identification number,you may be subject to civil or criminal penalties. City of Fridley Scott J. Lund, Mayor William W. Burns, City Manager Page 1 I 17-M-Corporation Minnesota Uniform Conveyancing Blanks(1978) STATE OF ) ss. Affidavit Regarding Corporation COUNTY OF ANOKA ) Scott J. Lund being first duly sworn,on oath say(s)that: 1. He/Sae is the Mayor , of The City of Fridley, a Minnesota municipal corporation, the corporation named as grantee in the document dated 'and filed for record as Document No. in the Office of the County Recorder of Anoka County,Minnesota. 2. Said corporation's principal place of business is at,, and said corporation's previous principal place(s)of business during the past ten years(has)(have)been at: 6431 University Avenue N.E. , Fridley, MN 55432 3. There have been no: a. Bankruptcy or dissolution proceedings involving said corporation during the time said corporation has had any interest in the premises described in the above document("Premises") b. Unsatisfied judgments of record against said corporation nor any actions pending in any courts, which affect the Premises; c. Tax liens filed against said corporation; except as herein stated: Hole , 4. Any bankruptcy or dissolution proceedings of record against corporations with the same or similar names, during the time period in which the above named corporation had any interest in the Premises,are not against the above named corporation. 5. Any judgments or tax liens of record against corporations with the same or similar names are not against the above named corporation. 6. There has been no labor or materials furnished to the Premises for which payment has not been made. 7. There are no unrecorded contracts,leases,easements,or other agreements relating to the Premises except as stated herein: i,00e- 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: yloY+c., 9. There are no encroachments or boundary line questions affecting the Premises for which Affiant(s)(has)(have)knowledge. Affiant(s)know(s)the matters herein stated are true and make(s)this Affidavit for the purpose of inducing the passing of title to the Premises. City of Fridley By By Subscribedand s rn to before me This day o ,2 09 f c i SIGNA F NOTARY PUBLIC OR OTHER OFFICIAL THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): NOTARY STAMP OR SEAL(OR OTHER TITLE OR RANK) Land Title,Inc. ROBERTA S. COWNS .. _; Notary Public-Minnesota My Commission Expires Jan 31,2010 115-M-Individual Uniform Conveyancing Blanks(1973) STATE OF Minnesota ) SS. Affidavit Regarding Purchaser(s) ) COUNTY OF (64011 q ) Justin Falconer Chapweske and Natalie Joy Chapweske being first duly sworn, on oath say(s)that: 1. (They are) (he/she is) (he/she know(s))Justin Falconer Chapweske and Natalie Joy Chapweske the person(s) named as grantees in the document dated June 9, 2009, and filed for record as document number in the Office of the County Recorder of Anoka County, Minnesota. 2. Said person(s) (is/are) of legal age and under no legal disability with place of business(es) (respectively at) and for the last ten years have resided at: 3. There are no: a. Bankruptcy, divorce or dissolution proceedings involving said person(s) during the time period in which said person(s)have had any interest in the premises described in the above document("Premises"); b. Unsatisfied judgments of record against said person(s)nor,to your Affiant(s)knowledge, any actions pending in any courts,which affect the Premises; c. Tax liens filed against said person(s); except as herein stated: 11()kle 4. 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 person(s) (has/have) had any interest in the Premises, are not against the above named person(s). 5. Any judgments or tax liens of record against parties with the same or similar names are not against the above named person(s) . 6. Said person(s) (has/have) not ordered or arranged for any labor or materials to be furnished to the Premises for which payment has not been made. 7. There are no persons in possession of any portion of the Premises of which Affiant(s) (has/have) knowledge, other than pursuant to a recorded document,except as herein stated: 170t4e That Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit fort he purpose of inducing the e acceptance of title to the Premises. fes „ Jia�m Falconer Ch .Natalie Joy Chapweske Subscribed and sworn to before me this 9th day of June,2009. THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL NOTARY STAMP OR SEAL(OR OTHER TITLE OR RANK) Land Title,Inc. MMM oS gy81), rr. ROY W. MAHLBERG . 5 Notary Public-Minnesota Jy� •.... My Commission Expires Jan 31,2010 �ntv�l.�Nvwv Form No. 11-M—WARRANTY DEED Corporation,Partnership or Limited Liability Company to Joint Tenants DEED TAX DUE: Date: FOR VALUABLE CONSIDERATION, The City of Fridley, a municipal corporation under the laws of Minnesota, Grantor, hereby conveys and warrants to Justin Falconer Chapweske and Natalie Joy Chapweske, Grantees, as joint tenants, real property in Anoka County,Minnesota,described as follows: Lots 4,5 and 6,of Block M,Riverview Heights,Anoka County,Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: covenants, conditions and restrictions,of record,if any. Check box if applicable: 9 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 file well disclosure certificate. City of Fr By: Affix Deed Tax Stamp Here Scott J Li1nd Its: ayor By: n William W. Burns Its: City Manager STATE OF MINNESOTA SS. COUNTY OF ANOKA This instrument was acknowledged before me on June 8, 2009 —, by Scott J. Lund , the Mayor and by William W. Burns ,the City Manager of The Ciq of Fridley, a municipal corporation under the laws of Minnesota,on behalf of the municipal corporation . TARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK): �I t ROBERT A S. COWN$ c;= � SIGNATURE NOTARY PUBLIC OR OTHER OFFICIAL ��. Notary Publlc-Miruusot� °' ' MY Comm1won F.aptrM Jin 91,91110 Check here if part of all of the land is Registered(Torrens)❑ Tax Statements ror the real property described in this instrument should be sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Justin Falconer Chapweske Land Title,Inc. 5 30 vover S�• rjfG 1900 Silver Lake Road,Suite 200 �1�� C rY1N New Brighton,MN 55112-1789 Form No.11-M—WARRANTY DEED Corporation,Partnership or Limited Liability Company to Joint Tenants DEED TAX DUE: $22.71 Date: 06/04/09 FOR VALUABLE CONSIDERATION,The City of Fridley,a municipal corporation tinder the laws of Minnpropertyta,Grantor,hereby conveys and warrants to Garland C.Lagesse Jr. and Jane M.Lagesse, Grantees, as joint tenants,realin Anoka County, Minnesota,described as follows: Lots 7 and 8,of Block M,Riverview Heights,Anoka County,Minnesota. together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: covenants,conditions and restrictions,ofrecord,if any. 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. EII 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 file well disclosure certificate. City of Fridl By: ild Affix Deed Tax Stamp Here Scott u Its; Mayor William W' urns Its: City Manager STATE OF MINNESOTA COUNTY OF /(dt,A,�LiI I Th' instrument was ackno�led ed before m on f/A2 3 a , by L( C� the and by J( ,�6: 2t �9• ln xa�tha of The Ity of Fridley,a municipal corporaton under the laws of Minnesota,on behalf of the municipal corpo; •on. NOTARIAL STAMP OR SEAL(OR OTFIER TITLE OR RANK): 7 .a ROBERTA S.COLUMNS ��2 c �. � �`-A "�'�`-�' Notary Public-Mlnnesof� SIGNAT�MOF NOTARY PUBLIC OR OTHER OFFICIAL �s,;;.a" My Commission Expires Jan 31,2010 Check here if part of all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to(include name and address of Orantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Garland C.Lagesse Jr. Land Title,Inc. '71 S I 6 raaA Ave-- 0E 1900 Silver Lake Road,Suite 200 �r;d ley , MW c c Ia Buyer's Closing Statement 6/4/09 8:23 AM File 325099 Land Title, Inc. (651) 638-1900 Buyer's Closing Statement Buyer(s) Garland C.Lagesse,Jr. Jane M.Lagesse Seller(s) City of Fridley Lender Property Lot 7&8,Block M,Riverview Heights Fridley,MN 55432 Closing date 6/4/2009 Proration date 6/4/2009 Escrow Officer Roy Mahlberg 651-697-6131 Debit Credit ContractSales Price............................................................................................................................... 6,882.00 Deposits: Deposit or earnest money Garland C.Lagesse,Jr..................................................................................... 600.00 Title Charges: Settlement or closing fee to Land Title,Inc............................................................................................... 150.00 Abstract or title search to Land Title,Inc................................................................................................... 175.00 Title examination to Land Title,Inc............................................................................................................ 150.00 Title Insurance to Land Title Inc./Stewart Title$100.00............................................................................ Owner's coverage to Land Title Inc./Stewart Title Liabilityamount$6,882.00.................................................................................................................... 100.00 Recording Fees/Transfer Charges: Recording fees:to Anoka County Deed$46.00......................................................................................................................................... 46.00 State tax/stamps:to Anoka County............................................................................................................ 22.71 Conservation Fee to Anoka County............................................................................................................ 5.00 Subtotal: 7,530.71 600.00 Balance due from Buyer. 6,930.71 Totals: 7,530.71 7.530.71 THE UNDERSIGNED,by the execution hereof,hereby(i)acknowledge that they have read the above and foregoing Closing Statement,(ii) acknowledgethat the same Is true and correct,and(iii)authorize and direct the Closing Agent to receive all amounts and disburse all amounts pursuant to the foregoing Closing Statement. It Is mutually understood and agreed the taxesare estimatedand In case of adjustmentsame will be made betweenthe parties hereto.The Closing Agent Is relieved of any responsibility with the adjustment of said taxes. Garland C.LL.g.rr Ja 7T .Lagesse Seller's Closing Statement 6/2/09 11:51 AM File 325099 Land Title, Inc. (651) 638-1900 Seller's Closing Statement Seller(s) City of Fridley Buyer(s) Garland C.Lagesse,Jr. Jane M.Lagessee Lender Property Lot 7&8,Block M,Riverview Heights Fridley,MN 55432 Closing date 6/412009 Proration date 6/4/2009 Escrow Officer Roy Mahlberg 651-697-6131 Debit Credit ContractSales Price............................................................................................................................... 6,882.00 Other Adjustments: Deposit or earnest money Garland C.Lagesse,Jr..................................................................................... 600.00 Subtotal: 600.00 6,882.00 Balance due to Seller. 6,282.00 Totals: 6,882.00 6,882.00 THE UNDERSIGNED, by the execution hereof,hereby(1)acknowledge that they have read the above and foregoing Closing Statement,(II) acknowiedgethat the same Is true and correct,and(III)authorizeand direct the Closing Agent to receive all amounts and disburse all amounts pursuant to the foregoing Closing Statement. SUBSTITUTE FORM 1099 SELLER STATEMENT-The Informationcontainedin Blocks E,G,H and I and on line401(or,if line 401 Is asterisked, lines 403 and 404),406,407 and 408-412(appllcablepart of buyers real estate tax reportableto the IRS)is importanttax Informationand Is being furnished to the InternalRevenueService.If you are required to file a return,a negllgencepenaltyor other sanction will be Imposedon you If this Item Is required to be reported and the IRS determines that It has not been reported. SELLER INSTRUCTION-If this real estate was your principle residence,file form 2119,Sale or Exchangeof Principal Residence,for Anygain, with your Income tax return;for other transactions,complete the applicable parts of form 4797,Form 6252 and/or Schedule D(Form 1040). You are required by law to provide Land Title,Inc.(651)638-1900 with your correct taxpayer Identification number. If you do not provide Land Title,Inc.(651)638-1900 with your correct taxpayer Identification number,you may be subject to civil or criminal penalties. a A- City of Fridley Scott J. Lund, Mayor William W. Burns, City Manager Form No. 11-M—WARRANTY DEED Corporation,Partnership or Limited Liability Company to Joint Tenants DEED TAX DUE: Date: FOR VALUABLE CONSIDERATION,The City of Fridley,a municipal corporation under the laws of Minnesota,Grantor,hereby conveys and warrants to Garland C.Lagesse Jr, and Jane M.Lagesse, Grantees,as joint tenants,real property in Anoka County, Minnesota,described as follows: Lots 7 and 8,of Block M,Riverview Heights,Anoka County,Minnesota. together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: covenants,conditions and restrictions,ofrecord,if any. Check box if applicable: M 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 file well disclosure certificate. City of Frid By: Affix Deed Tax Stamp HereScott V. ruid Its: Mayor By' William W. urns Its: City Manager STATE OF NEINNESOTA COUNTY OF Th' instrument was ackno led ed before�"��tt m on �t'W 3 �yD _ by C LJt Cx, the 144-4 and by�( ��t([mn �X/-i�tn�the - of The City of Fridley,a municipal corporaon under the laws of Minnesota,on behalf of the municipal corpo` ion. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK): =Public-MInnesM S �-/t IfNotary ta SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 2010 // Check here if part of all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to(include name and address of Orantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Garland C.Lagesse Jr. Land Title,Inc. 711 S 1 6 roJ Ave-. �E 1900 Silver Lake Road,Suite 200 �pid jz MN New Brighton,MN 55112-1789 y l S5N3�). 115-M-Individual Uniform Conveyancing Blanks(1978) STATE OF Minnesota ) ss. Affidavit Regarding Purchaser(s) COUNTY OF ) Garland C.Lagesse Jr.and Jane M.Lagassee being first duly sworn,on oath say(s)that: 1. (They are)the person(s)named as grantees in the document dated June 4,2009,and filed for record as document number in the Office of the County Recorder of Anoka County,Minnesota. 2. Said person(s) (is/are) of legal age and under no legal disability with place of business(es) (respectively at) and for the last ten years have resided at: 3. There are no: a. Bankruptcy, divorce or dissolution proceedings involving said person(s) during the time period in which said person(s)have had any interest in the premises described in the above document("Premises"); b. Unsatisfied judgments of record against said person(s)nor,to your Affiant(s)knowledge,any actions pending in any courts,which affect the Premises; c. Tax liens filed against said person(s); except as herein stated: hone. 4. 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 person(s)(has/have)had any interest in the Premises,are not against the above named person(s). 5. Any judgments or tax liens of record against parties with the same or similar names are not against the above named person(s). 6. Said person(s)(has/have)not ordered or arranged for any labor or materials to be furnished to the Premises for which payment has not been made. 7. There are no persons in possession of any portion of the Premises of which Affiant(s)(has/have)knowledge,other than pursuant to a recorded document,except as herein stated: 00YIG That Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit for the purpose of inducing the acceptance of title to the Premises. Garland C.Lagesse Jr. 'lJ J M.Lagesse C Subscribed and sworn to before me this day of June,2009. 117-M-Corpomtioril Minnesota Uniform Conveynncing Blanks(1978) STATE OF MINNESOTA ) ss. Affidavit Regarding Corporation COUNTY OF ANOKA ) Scott J. Lund being first duly sworn,on oath say(s)that: 1. He/Eke is the Mayor of The City of Fridley,a municipal corporation,the corporation named as grantee in the document dated and filed for record as Document No. in the Office of the County Recorder of Anoka County,Minnesota. 2. Said corporation's principal place of business is at 6431 University Avenue NE,Fridley,Minnesota, and said corporation's previous principal place(s)of business during the past ten years(has)(have)been at: Same. 3. There have been no: a. Bankruptcy or dissolution proceedings involving said corporation during the time said corporation has had any interest in the premises described in the above document("Premises") b. Unsatisfied judgments of record against said corporation nor any actions pending in any courts, which affect the Premises; c. Tax liens filed against said corporation; except as herein stated: lqo a1 e 4. Any bankruptcy or dissolution proceedings of record against corporations with the same or similar names, during the time period in which the above named corporation had any interest in the Premises,are not against the above named corporation. 5. Any judgments or tax liens of record against corporations with the same or similar names are not against the above named corporation. 6. There has been no labor or materials fumished to the Premises for which payment has not been made. 7. There are no unrecorded contracts,leases,easements,or other agreements relating to the Premises except as stated herein: /7()Na 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: f?Dhe. 9. There are no encroachments or boundary line questions affecting the Premises for which Affiant(s)(has)(have)knowledge. Affiant(s)know(s)the matters herein stated are true and make(s)this Affidavit for the purpose of inducing the passing of title to the Premises. City of Fridley By By Scott J. li&d, May Subscr,ibed and s om to before me Th' day of 2009. SION9X OF NOTAILY PUBLIC OR OTHEK OPIICIAL THIS MSTRUhffitn'WA9 DRAFTED BY(NAME AND ADDRESS):