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856 Apollo RdCITY Of EAGAN Fiemarks Addition Lot 3 Bik 2 Parcek 10 22502 030 02 ? 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 . • A ; 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. ? S ! T? 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- -2- 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. . -3- 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