1998-08-31 Request to admin splitP I L 0 T ca�--R \ * 100%
LAND DEVELOPMENT COMPANY
August 31, 1998
Mr. Dave Lund
Administrator
5975 Main Avenue NE.
Albertville, MN 55301
RE: Request to administratively split the Richard Bernina homestead and Pilot
Land golf project acquisition for recording at Wright County
Dear David:
This letter serves to request the City of Albertville grant an administrative lot split to allow
the recording of a deed for the purchase of additional land to lengthen Hole # 18. I have
attached a survey of the parcel. Wright Title is prepared to record this deed transfer upon
your letter to the County.
Per your ordinance, the originating parcel is large enough to qualify for the administrative
split. No discretionary items of dedication are available to be added. No impacts to the
sanitary sewer are created by this property. Road easements already exist for Highway
118. There is no provision within the lot split that platting be mandatory, since the
administrative process creates a way specifically for this type of action to be
accommodated.
We anticipate that we will be ready to record this transfer by the I IIh of September.
Please contact me with any questions. We will be paying the appropriate application fees
and consultant escrow, although we would expect that very little of the escrow would get
used. Thank you in advance for your approval.
Sincerely,
Donald Jensen
Land Development Director
Attachments: Graphic and legal descriptions
Cc: Liz Stockman — NAC Pete Carlson - SEH
landdev: albertvil le/golf/ccspl i t
13736 Johnson Street NE • Ham Lake, MN 55304 • 757-9816 • Fax: 757-4094
-77�
CITY OF ALBERTVILLE ■ ZONING REQUEST APPLICATION
5975 Main Avenue NE
Case No:
I P.O. Box 9 - Base Fee: Pd.
Albertville, MN 55301-0009 Escrow Amt: Pd.
(612) 497-3384 fax(612) 497-3210 Date Filed:
IPlease read carefully and answer all questions thoroughly. Only complete applications will be accepted
after validation by the City CIerk and prior to acceptance of required processing fees/deposits.
IStreet Location of Property: � �� ll� okLee
Legal Description of Property
(Attach additional sheet if necessary):
Owner: Name:
City:
State:
/��
Zip:
Telephone (Home):
Applicant (If other than owner):
(Business): '%5 7 ��1�� (Fax): %D ]-l09y-
Name:
Address:
City:
Telephone(Home):
Type of Request(s):
Site and Building Plan Review
Minor Subdivision/Consolidation
Preliminary Plat
Final Plat
Comprehensive Plan or
Ordinance Amendment
(Business):
Zip:
(Fax):
Rezoning
Variance
Conditional Use Permit
Interim Use Permit
Other
Page Two, City of Albertville Planning/Zoning Application
Reason Why Request Should Be Granted: cede la'11 06-lc cl&4115 U,
. G�/la/*7c1 , � Ws
Existing Use of the Property / Nature of Facility or Business: 6nLK 6G7-e-k5Q VAe&/
If a request for a planning/zoning action on the subject site or any part thereof has been previously
sought, please describe it below:
What?
When? G /`
Project Name, if applicable:
I hereby apply for the above consideration and declare that the information and materials submitted with
this application are in compliance with City Ordinance and Policy Requirements and are complete and
accurate to the best of my knowledge.
I understand that the application will be processed for the next available meeting agenda after review of the
information submitted to determine if any other data is needed and after completion of a staff report.
I understand that all City incurred professional fees and expenses associated with the processing of this
request are the responsibility of the property owner and/or applicant and should be promptly paid. If
payment is not received from the applicant, the property owner acknowledges and agrees to be responsibie
for the unpaid fee balance either by direct payment or a special assessment against the property.
(If the property fee owner is not the applicant, the applicant must provide written authorization by the
owner to make application.)
Signature(s) of Owner(s): Date: f�
Date:
Signature(s) of Applicant(s): Date:
Date:
AM Approved Denied by the Planning Commission on:
(date)
IVA Approved Denied by the City Council on:
(date)
PURCHASE AGREEMENT
Drafted March 6, 1998
This agreemenr purchase and sale of property ("The Agreement") is made and entered
into as of the day of March. 1998 by and between Pilot Land Development
Company, a Minnesota Corporation (hereinafter the "Buyer") and Richard L. Berning and
(hereinafter the "Seller'). The date that this agreement has been fully
executed is hereinafter referred to as the "effective date".
In consideration of the mutual covenants, agreements and promises of the parties
contained herein. the adequacy of which is hereby acknowledged. the parties hereto agree
as follows:
I. PROPERTY - Seller hereby agrees to sell and convey to buyer and buyer agrees
to purchase from seller, subject to the terms and conditions prescribed herein,
farm auricultural land. shown on Exhibit B and owned by seller situated in
Albertville. County of Wright. State of Minnesota legally described as:
LEGAL DESCRIPTION
That part of the west half of the Southwest Quarter of Section 2. Township 12o
Range 24. Wright County. Minnesota. Lying northeasterly of the Centerline of county
Road No. 118.
To match attached exhibit A
Ia. PURCHASE PRICE - The purchase price shall be :for the ± 1 acre parcel.
2.b. TERINIS - Balance ofJ�in Cash due at closing
3. EARNEST MONEY - Blank
4. CLOSING - The closing shall take place on or before March 30, 1998. Deed
recording shall be performed by Wright Title of Buffalo. MN.
5. COOPERATION -
A. Buyer needs the land to be approved for subdivision and lot split by the
City of Albertville.
B. Buyer shall perform title update work, Seller shall execute any necessary
documents to convey clear title.
6. DEVELOPMENT - Buyer intends to develop entire parcel as part of a golf
course.
aAkent#7\BERNING I.doc
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7. TITLE AND EYANUNATION - Seller shall, within 15 bays after
acceptance of this Agreement. furnish Buyer with a abstract evidencing
marketable title to the premises. Buyer shall be allowed twenty (20) business days
after receipt of the abstract for examination of title and making any objections
which shall be made in writing or deemed waived. If any objection is so made,
Seller shall have fifteen (15) business days from receipt of Buyer's written title
objections to notify Buyer of Seller's intention to make title marketable within
120 days from Seller's receipt of such written objection. If notice is given,
payments hereunder required shall be postponed pending correction of title. but
upon correction of title and provided all other conditions of this Agreement have
been met, within ten (10) days after written notice to Buyer the parties shall
perform this Purchase Agreement according to its terms. If no such notice is
given or if notice is given, but title is not corrected within the time provided for,
this Purchase Agreement shall be null and void, at the option of Buyer: neither
party shall be liable for damages hereunder to the other and earnest money shall
be refunded to Buver: Buver and Seller agree to sign a cancellation of purchase
agreement. Buyer agrees to close upon issuance of a Owner's Title Policy with
all exceptions waived in favor of the Buyer in the full amount of the purchase
price plus the value of anticipated improvements.
8. DEED - A Warranty Deed conveying marketable title to the Subject Property,
subject only to the following exception (the "permitted encumbrances"):
building and zoning laws. ordinances, state and federal regulation:
b. utility and drainage easements of record:
C. restrictions relating to use or improvement of premises without effective
forfeiture provision:
d. reservation of any minerals or mineral rights to the State of Minnesota:
9. NOTICES - All notices which are required or permitted to be given by either
party to the other shall be in writing and shall be delivered to the respective party
as its address set forth below, by registered or certified mail. with postage prepaid,
or by personally delivering or serving said notice upon the other party at the
following addresses:
As to Seller: Richard L. Bernina
-5475 Jason Avenue NE
Albertville, MN 55301
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'01*1S 10"N
As to Buyer: Pilot Land Development Company
13736 Johnson -Street NE
Ham Lake, MN 55304
Attn: Kent Roessler, President
612-757-4052
or to such other address as either party may hereafter specify by notice in writing
to the other. Said notices shall be valid and binding only upon receipt by the party
to whom it is addressed.
10. ENTIRE AGREEMENT - This Purchase Agreement, any attached exhibits and
any addenda or amendments signed by the parties, shall constitute the entire
agreement between Seller and Buyer, and supersedes any other written or oral
agreements between Seller and Buyer. This Purchase Agreement can be modified
only in writing signed by Seller and Buyer.
11. GOVERNING LAW - The parties agree that this Agreement shall be governed
in all respects by the laws of the State of Minnesota.
12. TIME OF ESSENCE - Time is of the essence in this Purchase Agreement.
13. BINDING EFFECT - This Agreement shall inure to and bind the parties hereto
and their heirs, legal representatives, successors and assigns. No assignment of
this contract shall occur without the written consent of the seller.
14. SEVERABILITY - The provisions of this Agreement shall be severable and the
invalidity or unenforceability of any one or more of the provisions of this
Agreement shall not affect the validity and enforceability of the other provisions.
15. HEADINGS - Headings are for reference purposes only and shall not be
considered in the interpretation of this Agreement.
16. CLOSING COSTS - Buyer and Seller shall pay separately those closing costs
customarily attributable to the respective party.
17. SURVIVAL - All obligations, covenants, warranties, duties and representations
of Seller and the Buyer hereunder shall survive the execution of this Agreement
and any subsequent conveyance of any portion of the Subject Property.
18. REAL ESTATE COMMISSION - No Real Estate Commission or Brokers will
be paid by seller.
19. DISCLOSURE - Kent Roessler is a licensed Real Estate Broker.
aAkent#7\BERNING l .doc
3/9/98
20. REPRESENTATION - Kent Roessler is the Representative of the Seller in this
transaction.
21. TAXES - Real Estate Taxes shall be prorated as of the date of closing. All
Deferred, green acres taxes shall be responsibility of Seller.
22. SPECIAL ASSESSMENTS - Blank
23. POSSESSION - Seller shall deliver possession of the vacant land on the date of
closing. less any required road easements due to City of Blaine..
24.a. OFFER - Delivery of a copy of this Agreement executed by Buyer shall constitute
an offer by Buyer to purchase the Property upon the terms and conditions set forth
herein. Both parties agree to sign necessary paperwork to record this agreement.
24.b. ACCEPTANCE - Execution of a copy of this Agreement by Seller shall
constitute an acceptance by Seller of the offer of Buyer.
24.c. TERTMINATION OF OFFER - Unless Buyer's offer is accepted by Seller and a
copy of this Agreement executed by Seller is personally delivered to Buyer prior
to 5:00 o'clock p.m. on November 30, 1998, the offer by Buyer shall terminate
and be of no further effect whatsoever.
IN WITNESS WHEREOF, the parties have set their hands the day and year first
above written.
RICHARD L. BERtNING
PIL
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