2004-08-06 Easement Purchase Agreement
EASEMENT PURCHASE AGREEMENT
This agreement is entered into this ft:, Y-I- day of !f!tu5f ,
2004 between the City of Albertville ("City"), Buyer, and Robert C. euring And
Christine A. Heuring (collectively "Heuring"), Seller.
Purchase of Easement. Heuring agrees to sell and the City agrees to buy a
perpetual easement for pond, drainage and utility purposes as described on the
attached Exhibit A.
Consideration. The City agrees to pay Heuring $4.50 per square foot of easement
area being purchased. The City and Heuring agree that 44,521 square feet of
easement are being purchased for a total consideration of $200,344.50. Heuring
desires that said consideration be delivered in the form of$192,258.50 in cash at
the closing with $8,086.00 to be applied to the sewer and water trunk charges
required by the Developer's Agreement.
Form of Easement. At closing, Heuring shall deliver an executed original of the
easement attached as Exhibit B.
Marketable Title. Heuring shall possess marketable title to the property from
which the easement arises immediately prior to delivering the easement to the
City. Upon execution of this agreement, Heuring shall provide the City with proof
of marketable title via an updated abstract or title insurance policy in the name of
the City in the amount of the consideration for the easement. The City shall be
allowed 10 business days after receipt of abstract for examination of title and
making any objections which shall be made in writing or deemed waived. If any
objection is so made, Heuring shall have 10 business days from receipt of the
City's written title objections to correct title. If Heuring fails to clear title in such
time, the City shall have the option to either cancel this purchase agreement or
request that Heuring make title marketable within 120 days from receipt of such
written objection by the City. If Heuring is unable or unwilling to make title
marketable after such 120-day period, the City may elect to cancel this purchase
agreement or proceed under an eminent domain action to obtain marketable title.
If the City proceeds under eminent domain, the City may deduct the reasonable
costs of such eminent domain action, including court costs, appraisal costs,
attorney's fees and damages paid, from the consideration required by this
agreement.
Special Assessments. This easement agreement shall not alter or change the
Agreement For Waiver Of Objection To Special Assessment Associated With The
2004 Prairie Run Improvement Plans dated August 6, 2004 between Heuring and
the City.
Contingency: The City may cancel this purchase agreement if all of the
conditions imposed upon the final plat approval of Prairie Run are not satisfied
prior to the closing date.
Time Of Essence. Time is of the essence in this Purchase Agreement.
Entire Agreement. This Purchase Agreement, any attached exhibits and any
addenda or amendments signed by the parties, shall constitute the entire
Agreement between Heuring and the City, and supercedes any other written or
oral agreements between Heuring and the City related to the purchase of the
easement. This Purchase Agreement can be modified only in writing signed by
Heuring and the City.
Closing Date. The closing shall occur no later than August 6, 2004, subject to the
extensions permitted under this agreement.
CITY OF ALBERTVILLE
ROBERT C. HEURING
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CI:IRISTINE A. HEURING/
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Exhibit A.
A perpetual pond, drainage and utility easement, over, under, and across Outlot B,
PRAIRIE RUN, Wright County, Minnesota, according to the recorded plat thereof,
described as follows:
Beginning at the northeast comer of Outlot B of said PRAIRIE RUN;
thence South 00 degrees 39 minutes 42 seconds West a distance of301.84 feet;
thence South 89 degrees 40 minutes 07 seconds West a distance of 165.63 feet;
thence North 37 degrees 12 minutes 03 seconds West a distance of28.68 feet;
thence North 7 degrees 22 minutes 20 seconds West a distance of33.66 feet;
thence North 28 degrees 33 minutes 19 seconds East a distance of 141.15 feet;
thence North 00 degrees 39 minutes 45 seconds East a distance of 55.05 feet;
thence North 44 degrees 20 minutes 15 seconds West a distance of9.64 feet;
thence North 45 degrees 39 minutes 45 seconds East a distance of9.64 feet;
thence North 00 degrees 39 minutes 45 seconds East a distance of25.44 feet;
thence North 22 degrees 39 minutes 57 seconds West a distance of 15.56 feet;
thence North 70 degrees 15 minutes 34 seconds West a distance of 16.83 feet;
thence North 00 degrees 27 minutes 13 seconds West a distance of7.28 feet to the
north line of said Outlot B; thence North 89 degrees 32 minutes 48
seconds East along the north line of said Outlot B a distance of 144.11
feet to the point of beginning.
Exhibit B
PERMANENT POND, DRAINAGE AND UTILITY EASEMENT
THIS INDENTURE, made this _ day of ,2004, by
and between Robert C. Heuring and Christine A. Heuring (collectively, Grantors)
and the City of Albertville, Wright County, Minnesota, (Grantee).
WITNESSETH:
WHEREAS, Grantors are the entities and individuals with an ownership
interest in the real estate hereinafter described.
That for good and valuable consideration, the receipt of which is hereby
acknowledged, Grantors have this day bargained and sold, and by these presents
do bargain, sell and transfer unto the City of Albertville its successors and assigns
the following:
A permanent pond, drainage and utility easement over, under and
across that area legally described on attached Exhibit A.
Grantors do hereby covenant with the City of Albertville, that they are
lawfully seized and possessed of the real estate above described.
IN WITNESS WHEREOF, the said parties have caused this instrument to
be executed the day and year first above written.
GRANTORS
Robert C. Heuring
Christine A. Heuring
STATE OF MINNESOTA )
) S.s.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
2004, by Robert C. Heuring and Christine A. Heuring.
day of
SIGNATURE OF NOTARY
This instrument was drafted by:
Couri, MacArthur & Ruppe, P .L.L.P.
705 Central Ave. East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
Exhibit A.
A perpetual pond, drainage and utility easement, over, under, and across Outlot B,
PRAIRIE RUN, Wright County, Minnesota, according to the recorded plat
thereof, described as follows:
Beginning at the northeast comer of Outlot B of said PRAIRIE RUN;
thence South 00 degrees 39 minutes 42 seconds West a distance of301.84
feet; thence South 89 degrees 40 minutes 07 seconds West a distance of 165.63
feet; thence North 37 degrees 12 minutes 03 seconds West a distance of28.68
feet; thence North 7 degrees 22 minutes 20 seconds West a distance of33.66 feet;
thence North 28 degrees 33 minutes 19 seconds East a distance of 141.15 feet;
thence North 00 degrees 39 minutes 45 seconds East a distance of 55.05 feet;
thence North 44 degrees 20 minutes 15 seconds West a distance of9.64 feet;
thence North 45 degrees 39 minutes 45 seconds East a distance of9.64 feet;
thence North 00 degrees 39 minutes 45 seconds East a distance of25.44 feet;
thence North 22 degrees 39 minutes 57 seconds West a distance of 15.56 feet;
thence North 70 degrees 15 minutes 34 seconds West a distance of 16.83 feet;
thence North 00 degrees 27 minutes 13 seconds West a distance of7.28 feet to the
north line of said Outlot B; thence North 89 degrees 32 minutes 48
seconds East along the north line of said Outlot B a distance of 144.11 feet to the
point of beginning.