RES 22-41Resolution 22-41
A Resolution Approving an Easement Purchase Agreement
WHEREAS, Robert and June Beck ("Becks") are the fee owners of real property within the City
of Elk River legally described in Exhibit A attached hereto ("Beck Property);
WHEREAS, ,the City of Elk River ("City") desires to acquire an easement over the Beck Property
for the extension of Business Center Drive, as further provided in the Easement Purchase
Agreement attached hereto as Exhibit B ("Agreement") pursuant to the terms provided therein, for
a purchase price of $35,000.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows: The Agreement is hereby approved and the Mayor and City Clerk are hereby
authorized to execute and deliver all necessary documents required under the terms of the
Agreement.
Passed and adopted this 18' day of July, 2022.
r
c_ in J. etz, Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF BECK PROPERTY
The East 500 feet of the North 400 feet of the Northwest Quarter of the Southwest Quarter
(NW1 /4 of SW1 /4) of Section Thirty -One (31), Township Thirty -Three (33), Range Twenty -Six
(26), in Sherburne County, Minnesota, subject to an easement over the Northerly 66 feet thereof for
driveway purposes.
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EXHIBIT B
[ATTACH EASEMENT PURCHASE AGREEMENT]
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EASEMENT PURCHASE AGREEMENT
THIS EASEMENT PURCHASE AGREEMENT (this "Agreement'), made the
effective date of this Agreement, defined below, by and between the CITY OF ELK RIVER, a
Minnesota municipal corporation, 13065 Orono Parkway, Elk River, MN 55330 (hereinafter the
`Buyer"), and ROBERT A. BECK and JUNE MARIE BECK, husband and wife, as joint
tenants, 18454 Waco St. NW, Elk River, MN 55330 (hereinafter ("Sellers").
RECITALS:
WHEREAS, Sellers are the fee owners of certain real property within the City of Elk River,
County of Sherburne, State of Minnesota, legally described in attached Exhibit "A" (hereinafter
"Property"); and
WHEREAS, Buyer desires to purchase from Sellers easements over a portion of the
Property.
NOW, THEREFORE, in consideration of the mutual covenants, duties and obligations
contained herein the parties agree as follows:
1. RECITALS: The foregoing Recitals are a material part of this Agreement and are
incorporated herein.
2. SALE OF EASEMENT: Sellers shall convey to Buyer and Buyer shall acquire from
Sellers, the permanent and temporary easements (hereinafter the "Easements") over, under
and across those portions of the Property legally described on attached Exhibit `B"
(hereinafter, the `Basement Areas").
3. PURCHASE PRICE AND MANNER OF PAYMENT: The total purchase price to be
paid by Buyer to Sellers for the Easements shall be Thirty Five Thousand and 00/100ths
Dollars ($35,000.00) (the "Purchase Price") which Buyer agrees to pay in the form of
certified funds or wire transfer at Closing (defined below).
4. GRANT OF EASEMENT: Subject to performance by Buyer, Sellers agree to execute and
deliver at the time of Closing, the easement document attached hereto as Exhibit "C"
("Grant of Easements").
5. RECORDING: Sellers acknowledge that the Buyer will record the Grant of Easements
against the Property. Sellers agree to cooperate with Buyer with respect to recording any
documents contemplated by this Agreement.
6. AUTHORITY: Sellers represent that they have the full authority to enter into this
Agreement and execute the Grant of Easements and grant the Easements to Buyer.
7. TAXES AND ASSESSMENTS: Sellers shall continue to be responsible for any real estate
taxes and special assessments attributable to the Easement Areas.
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S. TITLE: Buyer may, within a reasonable time after signing this Agreement, obtain evidence
of title in a form acceptable to Buyer. Buyer shall provide a copy of such evidence to Sellers
promptly after receipt. Buyer shall be allowed fifteen (15) days after receipt thereof for
examination of said title and the making of any objections thereto, said objections to be
made in writing or deemed to be permitted encumbrances ("Permitted Encumbrances"). If
any objections are so made, Sellers shall be allowed thirty (30) days after the making of
Buyer's objections to cure such objections, but shall have no obligation to do so.
If such objections are not cured within such thirty (30) days after the making of Buyer's
written objections as above provided, Buyer may (1) waive the objection and proceed to
Closing and all encumbrances which Sellers have not agreed in writing to cure at or prior to
Closing shall become Permitted Encumbrances, or (2) cancel and terminate this Agreement
and neither party shall be liable for damages hereunder to the other party.
9. DEFAULT: If Buyer shall default in any of the covenants contained in this Agreement and
continue into default for a period of ten (10) days, then and in that case, Sellers may
terminate this Agreement by written notice as Sellers' exclusive remedy. If Sellers are in
default of any of the terms herein, and continue into default for a period of ten (10) days,
Buyer may (i) terminate this Agreement, or (2) bring an action for specific performance
provided that any action therefor is commenced within six (6) months after such right arises.
Buyer may also bring a claim for actual damages for its actual out-of-pocket expenses
related to this Agreement, as a result of Sellers' default.
10. OTHER GENERAL AND SPECIAL WARRANTIES:
a. Mechanic's Liens: Sellers warrant that, prior to the closing date, Sellers have made
any and all payments in full for all labor, materials, machinery, fixtures or tools
furnished at the direction of Sellers within the 120 days immediately preceding the
closing date in connection with construction, alteration or repair of any structure on
or improvement (including, but not limited to grading and landscaping) to the
Property, if any, or will make such payments in the ordinary course and prior to any
delinquency.
b. Notices: Sellers warrant that Sellers have not received any notice from any
governmental authority as to violation of any law, ordinance, or regulation pertaining
to the Property. If the Property is subject to restrictive covenants, Sellers warrant that
Sellers have not received any notice from any person or authority as to a breach of the
covenants. Any notices received by Sellers shall be provided to Buyer promptly
following receipt.
C. Sellers' Affidavit: Sellers warrant that they will execute and deliver a customary
Affidavit Regarding Sellers at closing.
11. SURVIVAL OF REPRESENTATIONS AND WARRANTIES: All of the
representations and warranties of the parties hereto contained in this agreement shall survive
the closing of the transaction contemplated herein and the delivery of any documents provided
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for herein for a period of twelve (12) months and shall not be merged into any other
agreement.
12. TIME OF ESSENCE: Time is of the essence in this Agreement.
13. CLOSING DATE AND LOCATION: The performance by Buyer and Sellers of their
respective obligations under this Agreement and the delivery of the Purchase Price to Sellers
by Buyer and delivery of the Easement Declaration to Buyer shall constitute the closing of
the sale (the "Closing"). The Closing shall occur on or before October 31, 2022, or another
date agreed upon in writing by the parties (the "Closing"). The delivery of all papers
and monies shall be made at the offices of the CITY OF ELK RIVER CITY HALL, 13065
Orono Parkway, Elk River, MN 55330, or at the offices of the title company to be identified
by the City. If the Closing Date is changed, any and all costs, if prorated in this agreement,
shall be adjusted to the new closing date.
14. CLOSING COSTS: Buyer shall pay the closing fees charged by the title company for its
services. Buyer shall be responsible for the cost of the Title Commitment. Buyer shall be
responsible for the cost of the Owner's policy of title insurance. Buyer shall be responsible
for paying any recording fees which are payable to the county for the recording of the
Easement Declaration.
15. ATTORNEYS' FEES: Buyer and Sellers shall each pay its own attorneys' fees in
connection with the preparation and negotiation of this Agreement and the Closing, if any,
except that a party defaulting under this Agreement shall pay the reasonable attorneys' fees
and court costs incurred by the non -defaulting party to enforce its rights regarding such
default. At the time of the entry into this Agreement, Sellers are unrepresented. Sellers
have been advised by the Buyer's attorney that they can seek the advice of counsel.
16. MISCELLANEOUS TERMS:
a. Additional Documents. Buyer and Sellers agree to cooperate with each other and their
representatives regarding any reasonable requests made subsequent to the execution
of this Agreement to correct any clerical errors in this Agreement and to provide any
and all reasonable additional documentation deemed necessary by either party to
effectuate the transaction contemplated by this Agreement.
b. Entire A Jeement. This Agreement and any attached exhibits shall constitute the
entire agreement between Buyer and Sellers regarding the transactions contemplated
under this Agreement and supersedes any other written or oral agreements between
Buyer and Sellers regarding said transactions. This Agreement can only be modified
in writing signed by Buyer and Sellers.
C. Binding Effect. This Agreement binds and benefits the parties and their successors
and assigns.
d. Controlling Law. This Agreement has been made under the laws of the State of
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Minnesota, and such laws will control its interpretation.
e. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original; but .all of which when taken together shall
constitute one and the same instrument. The signature page of any counterpart may
be detached therefrom without impairing the legal effect of the signature(s) thereon
provided such signature page is attached to any other counterpart identical thereto
except having additional signature pages executed by other parties to this Agreement
attached thereto.
f. Effective Date. The effective date of this Agreement shall be the last date on which it
is executed by any party to this Agreement. This Agreement shall not become
effective until it has been executed by all parties to the Agreement.
g. Notice. Any notice, demand, request or other communication which may or shall
be given or served by Sellers to or on Buyer, or by Buyer to or on Sellers, shall be
sent by hand delivery, by United States Mail, registered or certified, return receipt
requested, postage prepaid, or by nationally recognized overnight courier service
for next business day delivery and shall be deemed given on the date of acceptance
or refusal of acceptance and shall be addressed as follows:
If to Sellers: Robert A. Beck
June Marie Beck
18454 Waco St.
Elk River, MN 55330
If to Buyer: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attn: Zack Carlton
The above addresses may be changed at any time by the parties by notice given in
the manner provided above.
[Remainder ofpage intentionally left blank.
Signature pages follow.]
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IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the
effective date.
Dated: , 2022
Dated: 43� , 2022
Dated: 19 2022
Dated: 2022
5
SELLERS:
I'
4b_ Beck
By: �'Pb-t (JA k4==2
J e Marie eck
BUYER:
CITY OF ELK RIVER
By: 1
#hn D' etz, -Mayih
By:
Tina Allard, City Clerk
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
The East 500 feet of the North 400 feet of the Northwest Quarter of the Southwest Quarter (NW1/4
of SW1/4) of Section Thirty -One (31), Township Thirty -Three (33), Range Twenty -Six (26), in
Sherburne County, Minnesota, subject to an easement over the Northerly 66 feet thereof for driveway
purposes.
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EXHIBIT "B"
LEGAL DESCRIPTION OF THE EASEMENTS
Permanent Easement Description:
A permanent easement for street, drainage, and utility purposes over under and across that part of
the East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest Quarter
of Section 31, Township 33, Range 26, Sherburne County, Minnesota, which lies East of the
following described line and its extensions:
Beginning at the most Easterly corner of Lot 1, Block 1, HERITAGE MAP LES SENIOR
LIVING, said Sherburne County; thence southeasterly a distance of 256.09 feet along a non -
tangential curve concave to the southwest having a radius of 270.00 feet, a central angle of 54
degrees 20 minutes 39 seconds, and a chord which bears South 36 degrees 34 minutes 18 seconds
East, assuming the South line of said Lot 1 bears South 89 degrees 48 minutes 35 seconds West to
the intersection with a line drawn parallel with and distant 33.00 feet west of the East line of said
Northwest Quarter of the Southwest Quarter; thence South 00 degrees 51 minutes 02 seconds East
along said parallel line, not tangent to said curve, a distance of 201.48 feet to the South line of said
East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest Quarter and
said line there terminating.
Total Area of Permanent Street, Drainage, and Utility Easement = 22,538 sq. ft. or 0. 517 acres
Tem oraa-v Easement Descri )tion:
A temporary easement for construction purposes over, under, and across that part of the East 68.00
feet of the East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest
Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota, which lies westerly
of a line drawn parallel with and distant 10.00 feet westerly of the following described line:
Beginning at the most Easterly corner of Lot 1, Block 1, HERITAGE MAPLES SENIOR LIVING,
said Sherburne County; thence southeasterly a distance of 256.09 feet along a non- tangential curve
concave to the southwest having a radius of 270.00 feet, a central angle of 54 degrees 20 minutes
39 seconds, and a chord which bears South 36 degrees 34 minutes 18 seconds East, assuming the
South line of said Lot 1 bears South 89 degrees 48 minutes 35 seconds West to the intersection
with a line drawn parallel with and distant 33.00 feet west of the East line of said Northwest
Quarter of the Southwest Quarter; thence South 00 degrees 51 minutes 02 seconds East along said
parallel line, not tangent to said curve, a distance of 201.48 feet to the South line of said East
500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest Quarter and said
line there terminating.
Total Area of Temporary Construction Easement = 10,791 sq. ft. or 0.248 acres
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Drainage and Utility Easement Description:
A 30.00 foot wide permanent easement for drainage and utility purposes over, under, and across
the East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest Quarter
of Section 31, Township 33, Range 26, Sherburne County, Minnesota, the centerline of said
easement is described as follows:
Commencing at the Southeast corner of said East 500.00 feet of the North 400.00 feet of the
Northwest Quarter of the Southwest Quarter; thence South 89 degrees 48 minutes 35 seconds
West, assumed bearing along the South line of said East 500.00 feet of the North 400.00 feet of
the Northwest Quarter of the Southwest Quarter, a distance of 217.59 feet to the point of beginning
of the centerline to be described; thence North 06 degrees 20 minutes 27 seconds East, a distance
of 30.20 feet, and said centerline there terminating.
The sidelines of said 30.00 foot wide permanent easement are to be prolonged or shortened to
terminate on said South line of the East 500.00 feet of the North 400.00 feet of the Northwest
Quarter of the Southwest Quarter and a line drawn parallel with and distant 30.00 feet North of
said South line of said East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the
Southwest Quarter.
Total Area of Permanent Drainage and Utility Easement = 906 sq. ft. or 0.021 acres
Drainage and Utility Easement Description:
A 10.00 foot wide permanent easement for drainage and utility purposes over, under, and across
the East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest Quarter
of Section 31, Township 33, Range 26, Sherburne County, Minnesota, the easterly line of said
10.00 foot wide easement is described as follows:
Beginning at the most Easterly corner of Lot 1, Block 1, HERITAGE MAPLES SENIOR
LIVING, said Sherburne County; thence southeasterly a distance of 256.09 feet along a non -
tangential curve concave to the southwest having a radius of 270.00 feet, a central angle of 54
degrees 20 minutes 39 seconds, and a chord which bears South 36 degrees 34 minutes 18 seconds
East, assuming the South line of said Lot 1 bears South 89 degrees 48 minutes 35 seconds West
to the intersection with a line drawn parallel with and distant 33.00 feet west of the East line of
said Northwest Quarter of the Southwest Quarter; thence South 00 degrees 51 minutes 02 seconds
East along said parallel line, not tangent to said curve, a distance of 201.48 feet to the South line
of said East 500.00 feet of the North 400.00 feet of the Northwest Quarter of the Southwest
Quarter and said line there terminating.
The sidelines of said 10.00 foot wide permanent easement are to be prolonged or shortened to
terminate on said South line of said East 500.00 feet of the North 400.00 feet of the Northwest
Quarter of the Southwest Quarter and the North line of said Northwest Quarter of the Southwest
Quarter.
Total Area of Permanent Drainage and Utility Easement = 4,6 27 sq. ft. or 0.106 acres
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EXHIBIT "C"
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
SEE ATTACHED DOCUMENT
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