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03-08-1994 ERMU MIN r-' ELK RIVER MUNICIPAL UTILITIES 322 King Avenue Elk River, Minnesota 55330 Phone (612) 441-2020 UTILITIES COMMISSION MINUTES March 8, 1994 3:00 P.M. Present Were: James Simpson President George Zabee Vice Chairman James Tralle Trustee Others Present: Bill Birrenkott General Manager Glenn Sundeen Line Superintendent Bob McCartney Water Superintendent 1) The meeting was called to order at 3:00 P.M. by President Simpson. 2) Motion by Mr. Zabee, seconded by Mr. Tralle to approve the agenda as amended. The Motion carried. 3) Motion by Mr. Zabee, seconded by Mr. Tralle to approve the minutes of the previous meeting as distributed. The motion carried. 4) The General Manager reported that the Utilities had received a counter offer on the Clinkscales Trust property. Motion by Mr. Tralle, seconded by Mr. Zabee to accept the offer of the Trust for the purchase of the property described in the offer to be attached to and become a part of these minutes. The motion carried unanimously. 5) The General Manager and Line Superintendent reported that the Minnesota Department of Transportation would only allow a permit for us to build a new feeder to the area West of Lake Orono with underground cable. This cost will be significantly higher than what was projected in the budget. 6) The Line Superintendent updated the Commissioners on the status of construction projects and other operating conditions. 7 ) Motion by Mr. Tralle, seconded by Mr. Zabee, to approve the check register. 8) Mr. Simpson reported that the Utilities Commission has been requested to attend a joint meeting of the Economic Development Authority on April 11, 1994 . 9) Motion by Mr. Zabee, seconded by Mr. Tralle to approve the list of debts to be charged off the books to be attached to and become a part of these minutes. The motion carried. 10) Bob McCartney, Water Superintendent, reported on the status of all Water Department projects under construction at this time. He further reported that all customers we were aware of that were in jeopardy of freezing their service had been notified in person of the possibility of freezing and possible remedies. Bob also reported that the water mains in the Cherry Hills development had frozen and it cost the Utilities $3,200 to thaw them. As a preventative to a recurrance, he reported that some hydrants had been opened to promote water flow in the mains. This is causing some problems in the area, but we can see no other alternative. 11) The next meeting was set for Tuesday, April 5, 1994 at 3 :00 P.M. at the Utilities office. 12) Motion by Mr. Tralle, seconded by Mr. Zabee to adjourn. The motion Carried. Meeting adjourned at 4 :45 P.M. Bill Birrenkott General Manager PURCHASE AGREEMENT Elk River Alan.. 19 `RECEWEG'OF Elk River Municipal Utilities mo suns d Five Thousand and no/100-- 7$5000.00 )DOUJAS Check (Check.Cash.to be deposited upon acceptance.or Note—State Which) as earnest money and in pact payment for the purchase of property at 1643 Main Street, Elk Riversituated in the Sherburne a County - State of Mkctesota,and legally described as foRorra,to wit: SEE ATTACHED EXHIBIT A PID 75-411-0120 and 0230 including all garden bulbs,plants.shrubs and trees,all storm sash,storm doors,detachable vestibules.screens,awnings,window shades,blinds(including venetian blinds)curtain rods.traverse rods,drapery rods,lighting fixtures and bulbs.plumbing fixtures,hot water tanks and heating plant(with any burners,tanks.stokers and otter equipment used In connection therewith),water softener and Squid gas tank and controls(if the property of seller).sump pump,television antenna.k+dnerate%built•in dishwasher.garbage disposal. ovens,cook top stoves and central air conditioning equipment.If an used and located on said premises and including also the following personal property: Sellers may remove two decorative ceiling lights in the bedrooms . ail d which property the undersigned has this day sold to the buyer for the sum of: One Hundred Thousand and no/100 ($100 000.09 DoLLARs which the buyer agrees to pay In the following manner: Earnest money herein paid s 5000•DQ • and ,0 0 0._0 0,ca n o r before:April 1 , 1994 the date d Buyer accepts this property as IditiWith all faults, and with notice of a buried gas tank located on the property, next to the old bus garage, on Lot 1, Block 2, Auditors Addition to the Village of Elk River. Seller knows of no wells located upon this property. Buyer assums all responsibility for fuel tank removal and cleanup if needed Buyer assums all outstanding special assessments . Subket perfo tonrance by the buyer the seller agrees apnea to execute and deliver a Warranty Deed (to be joined in by spouse,If any)conveying marketable title to said premises subject only to the following exceptions: (a)Building and zoning laws.ordinances.State and Federal regulations. (b)Restrictions relating to use or improvement of premises without effective forfeiture provision. (C)Reservation of arty minerals or mineral rights to the State of Minnesota. (d)Utulty and drainage easements which do not interfere with present improvements. (e)Rights of tenants as follows:(unless specified.not subject to tenancies) smieragrentoply all of the real estate taxes due and payable in the year 93 " 49ees to pay all d the real estate taxes due and payable In the year 19_9,..L'' .Seller warrants that real estate taxes due and payable In the year(s)19 93 will be full, partial. non-homestead classification(check one).Neither the seller nor seller%agent'--"env representation of warranty whotapever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date d purchase. BUY e r agrees to pay all of all levied special assessments and special assessments certified to the taxes due and payable In the year of closing and to place in escrow$ none ,the approximate amount of all pending special assessments approved by the governing body as of the date of closing. . J•I•f n.w r.T 1 (i ry h 1 M t.'! ^t 1'.7 h 1 1 1,?.*!�T,t I.7'(.(.1;.1 r^. ^' 1,!^7'�1—...^ f I!..1^t 1 r r;�,(f/!1.f!�, 1.^f r!.H 1,4t(yr -:�*,-s l �•:�-;4_'.:-.� 1.2►�Wti.-rrW4� 1� �.11_ijlvw�r/ t nr a nr:e n 4 v iVt/- ••,0:4 k• •.':�.)�•p. .�.,►�l�CU l` The seller further agrees to deliver possession not later than r 3ab" of rl nci ng provided that all conditions of this agreement have been complied with.Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. A cs,? 4 /tr./. Lots 5 and 6, Block 1 , Auditor' s Addition to the Village of Elk River. All that part of Lot 1 , Block 2 , Auditor' s Addition to the Village of Elk River described as follows: Commencing at the Northwest corner of said Block 2 ; thence Southeasterly along the North line of said Block 90 feet; thence Southerly parallel with the East lines of Lots 1 , 2 , 3 and 4 of said Block 2 a distance of 243 feet to the point of beginning; thence Easterly at right angles to said last described course 42 feet to the East line of said Lot 1 ; thence Southerly along said East line to the North line of Depot Street ; thence Southwesterly and Northwesterly along the North line of Depot Street to the Southwest corner of said Lot 1 ; thence Northeasterly along the West line of said Lot 1 to a point which is 232 feet Southwesterly from the Northwest corner of said Block 2 ; thence Southeasterly to the point of beginning.