HomeMy WebLinkAbout1999-12-12 St Croix West Holdings Ltr to OPHTod Mr. Tom Melina and the City of oak Park Heights, Minnesota
Re: Vacation of utility easement
We are requesting that the city agree to vacate the utility
easement between lots number 1 & 2, Kern Center Second Addition.
Please find attached;
(a) A portion of the Kern Center Plat indicating lots 1 & 2
and showing the existing 10' utility easement.
(b) A copy of the proposed U. S. Postal Service facility
whose building will occupy a portion of both lots 1 & 2.
(c) A copy of the purchase agreement. Please see article 19
of the Addendum to the purchase agreement.
At the time these lots were created in Baytown Township there
existed a 2-1/2 acre minimum lot sizes The property is now within
the City of oak Park Heights and the lot sizes are not restricted
to that minimum. The utility easement in question is not required
by the City and its vacation is necessary for the construction of
the U. S. Postal Service facility.
Please consider this issue at your next city council meeting on
December 12, 1999.
John Low
Chief Mgr.
St. Croix West Holdings, LLC
C: /St. Croix West/Utility vacation
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UNITED STIITES
POSTAL SERVtCEmi
Offer to Sell
CARRIER ANNEX- STILLWATER MN 55082 -9998
Facility Name /Location
STILLWATER, MN -- CARRIER ANNEX (268980 --G01)
Project: Y73259
:= UNITED STATES
POSTAL SERVICE
Offer to SeU Real Property
The undersigned, hereinafter called the seller, in consideration of mutual covenants and agreements herein set forth,
and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, hereby makes the
irrevocable offer to sell and convey to the United States Postal Service and its assigns, the fee simple title to the
following described land, with the buildings and improvements thereon, hereinafter referred to as "land ", and all rights,
hereditaments, easements and appurtenances thereunto belonging, and legally described as follows:
Lots 1 and 2,/Kern Center 2nd Addition
Block 2
subject to the following rights outstanding in third parties:
Drainage and utility easements as shown on the recorded plat of Kern Center 2nd Addition
except for the drainage and utility easements along the northerly line of Lot 1 and the
Southerly line of Lot 2, except for the easterly and westerly 10 feet thereof.
Excepting and reserving to the seller the following rights and interests:
None.
The terms and conditions of this offer are as follows:
1. The seller agrees that this offer may be accepted by the United States Postal Service through any duly authorized
representative, by delivering, mailing or telefaxing a notice of acceptance to the seller at the address stated below, at
any time within 180 calendar days from the date hereof, whereupon this offer and the acceptance thereof become a
binding contract.
2. The Postal Service agrees to pay the seller for said land the sum of $431, 4 51.5 0
***Four Hundred Thirty-One Thousand Four Hundred Sixty-One and 50/100 Dollars * * * payable
upon approval by the Postal Service of the seller's title and execution and delivery by the seller of a good and sufficient
general warranty deed conveying said land with the hereditaments and appurtenances thereunto belonging to the United
States Postal Service and its assigns, in fee simple, free and clear from all liens and encumbrances, except those
specifically excepted or reserved above, together with all right, title, and interest of the seller in and to any streams,
alleys, roads, streets, ways, strips, gores, or railroad rights -of -way abutting or adjoining said land.
3. It is agreed that the Postal Service will defray the expenses incident to the recordation of the deed to the Postal
Service and the procurement of the necessary title evidence.
4. The seller agrees that all taxes, assessments, and encumbrances which are a valid lien against the and as of the
time of conveyance to the Postal Service shall be satisfied of record by the seller at or before the transfer of title and, the
seller, will, at the request of the Postal Service and without prior payment or tender of the purchase price deliver the
general warranty deed to the Postal Service and obtain and record such other curative evidence of title as may be
required by the Postal Service. If the seller fails to satisfy any such liens or fails to secure such curative evidence as
required within sixty (60) days of acceptance of this offer by the Postal Service, the Postal Service may pay said liens
and cure such defects and deduct any cost incurred from the purchase price of the land. Real Estate taxes for the
current year, utilities and rents, if applicable, are to be pro-rated as of the date of closing.
5. The seller agrees that loss or damage to the property by fire or acts of God shall be at the risk of the seller until the
title to the and and deed to the Postal Service have been accepted by the Postal Service through its duly authorized
representative or until the right of occupancy and use of the land, as hereinbelow provided for, has been exercised by
the Postal Service; and, in the event that such loss or damage occurs, the Postal Service may, without liability, refuse to
accept conveyance of the title or it may elect to accept conveyance or title to such property, in which case there shall be
an equitable adjustment of the purchase price.
6. The agents, employees or representatives of the Postal Service shall have the right, during the period of the offer,
subject to the use made of the premises by the seller to enter upon the said premises for the sole purpose of inspecting
the same and making test borings, plans and topographical surveys in connection with the Postal Service's
contemplated use of the premises. The Postal Service, at its expense shall promptly restore the property of the seller to
its original condition in accordance with good engineering practices.
Ps Form 8339, July 1 997
UNITED STATES SERVICE.
Ps Form 8339, July 1997
Offer to Sell deal Property
7. Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different
possession date is herein specified.
8. The seller agrees not to rent, lease or otherwise increase tenancy on any portion of the property subsequent to
execution of this Offer to Sell Real Property.
9. It is agreed that the spouse, if any, of the seller, by signing below, agrees to join in any deed to the Postal Service
and to execute any instrument deemed necessary to convey to the Postal Service any separate or community estate or
interest in the subject property and to relinquish and release any dower, curtesy, homestead, or other rights or interests
of such spouse therein.
10. No member of or delegate to Congress may be admitted to any part or share of this option, or to any benefit arising
from it. This prohibition does not apply to the extent this option is with a corporation for the corporation's general benefit.
11. Contingent Fees:
a. The seller warrants that no person or selling agency has been employed or retained to solicit or obtain this
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except
bona fide employees or bona fide established commercial or selling agencies maintained by the seller for the purpose
of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at
its sole discretion, to deduct from the contract price or consideration, or otherwise recover from seller the full amount
of the commission, percentage, brokerage fee, or contingent fee.
c. Licensed real estate agents or brokers having Listings on property for sale, in accordance with general business
practice, and who have not obtained such licenses for the sole purpose of effecting this offer, may be considered as
bona fide employees or agencies within the exception contained in this clause.
12. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and
assigns of the seller.
13. The seller agrees that the Postal Service may acquire title to said and by condemnation or other judicial
proceedings, in which event the seller agrees to cooperate with the Postal Service in the prosecution of such
proceedings; agrees that the consideration hereinabove stated shall be the full amount of the award of just
compensation, inclusive of interest, for the taking of said land; agrees that any and all awards or just compensation that
may be made in the proceeding to any defendant shall be payable and deductible from the said amount.
14. Seller warrants that as of the date of this offer and of transfer of title, except as specifically identified in this
agreement, (1) the property (including the land, surface water, groundwater, and improvements to the land) is free of all
contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state
or federal law, and (2) there are no underground storage tanks or associated piping on the property. This warranty
survives transfer of title and shall be binding upon seller, its successors and assigns.
15. All terms and conditions with respect to this offer are expressly contained herein and the seller agrees that no
representative or agent of the Postal Service has made any representation or promise with respect to this offer not
expressly contained herein.
16. Seller warrants that legal title is held as follows: (Show whether joint tenants, tenants in common, tenants by the
entirety, etc.)
St. Croix West Holdings, LLC.
17. The following paragraphs were added or deleted before execution:
18, 19 and 20.
Date:
UNITED STATES
POSTAL SERVICE.
Print Sellers Name*
Print Sellers Name*
Print Sellers Name*
Print Sellers Name'
Print Sellers Name*
Print Sellers Name*
Print Sellers Name*
Print Sellers Name*
Witness to Seller"
Ps Form 8339, July 1997
John Low, Chief Manager
Robert C. Briggs, Treasurer
Notice of acceptance of this offer to be sent to:
Seller: Address: 1835 Northwestern Avenue, Stillwater, MN 55082
Telephone No: (651) 351-2112
Taxpayer ID: 41-1890644
*This space will be used for witnesses to signatures if required by State law.
Print Name and Title of Contracting Officer
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100, OVERLAND PARK, KS 66202-4179
Print Address of Contracting Officer
Offer to Sell Real Property
Si.. _ ure
Signa
Signature
Signature
Signature
Signature
Signature
Signature
Witness to Seller"
* All individuals or co- owners must sign. If married, the spouse also must sign. If unmarried, the owner's legal marital status must be indicated. If
the property is owned by a partnership, all partners must sign or if a limited partnership, the general partner(s) must sign. If the property is in an
estate or owned by a corporation, evidence of authority of the signatories must accompany the option.
Acceptance of Offer To Sell Real Property
Date: s�%4?, 99
The offer of the Seiler contained herein is hereby accepted for and on behalf of the United States Postal Service.
THOMAS AGGEN
U = I TR. D STATES
POSTAL SERVICE..
Facility Name /Location
STILLWATER, MN -- CARRIER ANNEX (268980-G01)
Addendum
Project: Y73259
18. The Postal Service acknowledges that the land is subject to Declaration of
Covenants, Conditions and Restrictions dated the 21st day of October, 1994, in
instrument filed for record December 13, 1994 as Document No. 825979. The Seller shall
use its best and all reasonable efforts to obtain an amendment of the Declaration of
Covenants, Conditions and Restrictions which suspends the force and effect of Covenants
1.A. and 7.B. upon the land as long as the United States Postal Service, a statutory
successor, or the United States of America (including one of its departments, agencies,
or statutory entities) owns the land.
The Seller shall provide a copy of the proposed instrument of amendment to Commercial
Partners Title LLC and the Postal Service for approval, prior to obtaining signatures of
the various lot owners and the consent of their mortgagees.
Closing of the purchase shall be delayed until such amendment is completed, Should
Seller fail to obtain such an amendment signed by all owners of Lots 1-7 plus Outlot A,
Block 1, and Lots 1-10, Block 2, all in Kern Center 2nd Addition, by November 3, 1999,
then the Postal Service may elect to terminate the contract that results from its
acceptance of this Offer to Sell Real Property.
19. Following acceptance of this Offer by the Postal Service, the Seller shall obtain
the vacation of the drainage and utility easements along the northerly line of Lot 1 and
the Southerly line of Lot 2, except for the easterly and westerly 10 feet thereof.
The Seller shall provide a copy of the City of Oak Park Heights' proposed instrument(s)
of vacation to Commercial Partners Title LLC and the Postal Service for approval, prior
to final action of the city upon the vacation.
Closing of the purchase shall be delayed until such easement vacation is completed.
Should Seller fail to obtain such easement vacation, by November 3, 1999, then the
Postal Service may elect to terminate the contract that results from its acceptance of
this Offer to Sell Real Property.
20. Costs for the extension of sanitary sewer and city water to the site shall be the
responsibility of the Postal Service and not the Seller. Costs for the extension and
improvement of Memorial Avenue North to 55th Street North, and costs for improvements to
55th Street North shall be the responsibility of the Postal Service and not the Seller.
All other taxes, assessments, and encumbrances shall be satisfied in accordance with
Paragraph 4 of this Offer to Sell.
REOTSADDEND (Aug. 96, vl.14, P)
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