856 Apollo RdCITY Of EAGAN Fiemarks
Addition Lot 3 Bik 2 Parcek 10 22502 030 02
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Owner `Street-- State
provement Da Amount Annual Years Payment Receipt Date
TFiEETSURF. $99.7] 10
57REET RESTOR.
GRADING ; $17 . b0 1Q
$48.4a 10
SAN SEW TRUNK $Y ?`5. 34 25
SEWER LATERAL
WATERMAIN
WATERLATERAL+ 1971 2863.00 $I90 ,Hb IS
? WATER A'REA 1971 15 '
? STORM SEW TRK 1971
STORM SEW LAT 1971
CURB & GUTTfR
SIDEWALK
STREET LkGHT
WATER CONN,
BuILoin[G PE?t. 5p ?
Sac
PARK
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NatlMin.pa
07/30/91 MLK
08/08/93 MLK
48f13/91 MLK
Pt1RCHA8E AGREEMENT
THIS AGREEMTNT is made and enterea into this ? day of
August, 1991, by and between ALSCOR INVESTaRS JOINT VENTURE, a
Minnesota general partnership (hereinafter called "Seller"), and
NATIONAL MINERALS CORPORATION, a Minnesota corporation (hereinafter
called "Purchaser"), with reference to the following facts and
circumstances:
A. Seller .is the owner of the tract or parcel of land
consisting af appraximately 0.5984 acres which i.s legal.l.y descrihed
as Lot Three (3), Block Two (2), EAGANDALE CENTER INDUSTRIAL PARK
NO. 3, accarding to the recorded plat thereaf (hereinafter called
the "Sub3ect Property"), lying and being in the City of Eagan
(hereinatter called the "City"), County of Dakota and State of
Minnesota.
B. 5eller desires to sell to Purchaser, and Purchaser
desires to purchase from Seller, the Subject Froperty, subject to
the terms, covenants and conditions hereinafter contained.
NOW, THEREFc]RE, in considerataon of the foregaing, and in
consideration of the mutual covenants hereinafter contained, which
each of the parties hereto acknowledqes as adequate and sufficient,
it is hereby agreed as falIaws:
1. Fermitted Sncwabranaes. Seller does hereby agree to se11
ta Purchaser, and Purchaser does hereby agree to gurchase from
Seller, the Subject Property subject tv the followinq encumbrances
which shall be the "Fermitted Encumbrances":
(a) Building, zaning and subdivision ordinancas, and
State and Federal regulatians, subject to the other
terms and conditxons Hereof.
(b) Real estate taxes and installments vf special
assessments and interest payable in the year of
closing. Sellar and Purchaser shall prorate taxes
and special assessments (including interest) pay-
able in the year of closing in the manner provided
in Subparagraph 11(c) hereof.
(c) Real estate taxes payable in the year following tkae
year of closing and in subsequent years, together
with a11 instaliments of special assessments
payable thereafter and therewith.
(d) Such ather encumbrances, easements and restricti4ns
as aiay be approved by Purchaser pursuant to the
terms of Paragraph 5 of this Agreement.
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Purchaser shall keep and gerform alI obligativns of the owner of
the Subject Property under each af the Permitted Encumbrances,
accruing on and aftar the Clasing Date (hereinafter defined),
including specifically the abligation to pay when due and payable
the real estate taxes and installments of special assessmants,
which are Permitted Encumbrances; and at clasing Furchaser shall
assume in writinq, for the benefit of Seller, all such obliqations.
2. Representatioas of Beller. Seller states, warrants and
regresents as follows:
(a) Seller has full right and authvrity to execute and
deliver this Agreement and all documents and
instruments required hereunder to be axecuted and
delivered by Seller.
(b) As of closing, the Subject Property has public
access by roadways duly dedicated and accepted by
the City and/or by the State of Minnesata.
(c) Se].ier has received no written mai].ed notice of
condemnation of any portion of tha Subject Paroperty
from any governmiental authority, and knows of no
pending litigation ta which Seller is a party which
wauid adversely affect Purchaser or the Subject
Property.
(d) The Subjeet Property is presently served by the
following utilities, all of which are located in
the public streets Iying adjacent to the Subject
Property or within existing easements adjacent to,
ar situated upon, the Subject Property: (i) water,
(ii) sanitary sewer and storm sewer, (iii) elec-
tricity, (iv) telephone, and (v) gas.
(e) To the hest of Seller's knowledge, no we11s are
situated upon the Subject Property.
(f) To the best knawledge of the officers af Seller,
Seller has no actual knowledge or information of
any fact that woul.d indicate that the Subject
Property has ever been used for or affected by the
production, storage, depasit, disposal ar release
of regulated substances in violation of law; and
for purposes of this Agreement, the term "regulated
substances" shall mean those substances defined as
"regulated substances", F'hazardous W35te5"r
"hazardous substances", "hazardous materials",
"tOX1C substances", or "pesticides" iri the
Comprehensive Environmenta3 Response, Compensation
and Liability Act (as amended by the Superfund
Amendments and Reauthorization Act), the Minnesota
Environmental Respcnse and Liability Act, and/or
rules, regulations and vrdirsances adapted and
publicatian promulgated pursuant tcr any such 3.aws.
3. Represeaatatioa af Purchaser. Purchaser warrants, repre-
sents anci acknowledges as follaws:
(a) Purchaser has full right and authority to execute
and deliver this Agreement and a13 documents and
instruments required hereunder to be executed and
deiivered by Purchaser.
(b) Purchaser is represented in the transaction
contemplated by this Agreement by a representative
of its own selection.
(c) Purchaser hereby waives any requirement of statute,
ordinance or regulation that a policy of title
insurance or leqal opina.on be issued in connection
with the transaction contemplated by this Agree-
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ment, and Purchaser agrees that the only title
evidence which Seller shall be obligated ta deliver
to Furchaser is described in Paragraphs 5 and 6
hereof. Purchaser further agrees to execute at
clQSing an additional waiver in the former attached
hereto as Exhibit A and made a part hereof.
4, Furchase Price, Purchaser shall pay to Seller, as
consideration for the purchase of the Subject Property, the sum of
Fifteen Thousand and 00/100 Dollars ($15,000.00). The purchase
price shall be paid as foll.ows: Five Thousand and OU/laU Dollars
($5,004.40) (hereinafter called the "Earnest Money Dep4sit") paid
in cash by Purchaser ta Seller upon execution of this Agreement by
Purchaser, the receipt of which is hereby acknowledged by Seller;
and the baiance of said purchase price shall be payable to Seller
an the date of closing by means of a wire transfer to be recei.ved
on the date of closing in Seller's designated bank accaunt in
Minneapolis or St. Paul, Minnesota, said wire transfer to be
accompanied by instructions to give notice of receipt of such
deposit to Robert J. Korkowski, Opus Corporation, 9900 Hren Road
East, Minnetonka, Minnesata 55343 (telephone 612J936-4604).
Notwithstanding the foregoing and notwithstanding the provisions of
Subparagraph 11(c) hereof, if closing is delayed for any reason,
other than by reason of the act or omissian of Seller, beyond the
Ciosing Date estabiished by Paragraph 8 hereof, the proration of
rea 1 estate taxes pursuant to sa id Subparagraph 11(c) sha ll lae made
as of such Closing Date.
5. Evidence of Title. Seiler shall, within twenty (20) days
after execution af this Agreement, furnish to Purchaser a current
commitment for an ALTA (Form B-1970) Owner's Policy of title
insurance covering the Subject Property issued by Title Insurance
Company of Minnesota (hereinafter called °1TIM"), which shall
include the agreement of TTM to delete a1l standard exceptions and
to issue zoning (Form 3.0) and contiguity endorsements. Purchaser
shall have the r3ght to request additional endorsements to the
policy to be issued pursuant ta said title commitment, provided the
same do not increase the cost to Seller of providinq such title
evidence and do not delay closing. Purchaser shall be allowed
twenty (20) days after receipt of said title comma.tment and the
survay described in Paragraph 6 hereof for examination of the same
and the making of any abjectians to the status of the title ta the
Subject Paroperty disclosed thereby, such abjections to be made in
writing or deemed to be waived. If any abjections are so made,
Seller sha11 be allowed thirty (30) days to make such tit].e
rnarketable, and Seller shall use all reasonable efforts to make
sueh title marketable. Pending carrection af ta.tle, the payments
hereunder required shall be postponed, but upon correctaon of title
and within ten (10) days of written natice Purchaser sha31 perform
this Agreement according to its terms. For purposes of this
Agreement, the Permitted Encumbrances shall not be title
abjections.
If said title is not marke'table and is not so made within
thirty (30) days from the date of written objection thereto, as
above provided, Purchaser shall have the option o€:
(a) Declaring this Agreement null and void, and in such
event receiving a refund frvm Seller of a11 monies
paid hereunder; or
(b) Waiving any defect in title, and in such event
proceeding to clase the transaction conternplated by
this Agreement.
zf the title ta the Subject Property is marketable or is
made marketakrle within the aforesaid thirty (30) day period a£ter
written objeetion thereto, and Purchaser defaults in any of the
agreements and continues in default for a period af f ifteen (15)
days, then Seller shal l. have the remedies descra.bed in Paragraph 12
hereaf.
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i.IMI'f 'I) WANRAN'CY llElib
. _..__?..._.?
,..
Corporation or Partnership to
Corporation or Partnerahip
Form No. 23-M
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
, 19-
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ 49. 50
Date: -- August 22 , 1991
MiUer-IkuviK l'a., Mmnruixdis
Minnrautn lhiifonn t'umcynnring 111amMa 11!1!41
FOR VALUABLE CONSIDERATION, ALSCOR INVESTORS JOINT VENTURE
,a aeneral partnership under the lawa of
Mi.nnesota , Grantor, hereby conveys and quitclaims to '
NATIONAL r9INERALS CORPORATION , Grantee, a
corporation under the laws of Minnesota , reat property in
Dakota County, Minnesota, deacribed as follows:
Lor Three (3), Block Two (2), EAGANDALE CENTER INDUSTRIAL PARK NO.
3, according to the recorded plat thereof.
THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY 6VELLS ON
THE DESCRTBED REAL PROPERTY.
(If more space is needed, continue on back.)
together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that:
(1) Thie Deed conveys after-acquired title; and
(2) Grantor has not made, done, executed or suffered any act or thing whereby the above-described property or
any part thereof, now or at any time hereafter, shall or may be imperiled, charged or incumbered in any
manner, and Grantor will warrant the title to the above-described property against all persone claiming the
same from or through Grantor as a result of any such act or thing, EXCEPT:
(See reverse side)
Affix Deed Tax Stamp Here
ALSCOR INVESTORS JOINT VENTURE
By Opus Properties, Inc.
Its M„&naainq Partner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrament was acknowledged before me this 22ryd d'ay of August ,193.1_,
by A. J. Paavarro, Jr., Seniar Vic%President
th,e of Opus Properties, Inc., a South Dakvta gffd c--c,r= nrat ; on.,, Managina Partner
of Alscor Investors Joint Venture ageneral partnership
under the laws of Minnesota , on behalf of the qeneral PartnershiA ,
.
(ZENEY. 0{". •. !
NaTaar PueLiF41M«?...
NEPiidMid COUNiY
? 0M*ft Dpires Qeo. 7,1695
an?p V.
SICNA'CURE OF PF.R30N TAKING ACKNOWLEDGMENT
Tax Statementa for the renl yroperty deecribed in thie inatrument ehould
be ecnt tu (iflclude name and addresa of Grentee):
National Minerals Corporation
P.O. Box 21-326
St. Paul, P9N 55121
ANII
Marc L. Kruger
800 Opus Center
9900 Bren Road East
Minnetonka, MN 55343