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72-01 Lot 2, Block 2 Minnewashta Heights Land Sale pt 1�rZ-1 Var 460 WEST SEVENTY-EIGHTH STREET • CHANHASSEN, MINNESOTA 55317 OFFICE (612) 474-4131 RESIDENCE (612) 474-BOOB December 27, 1971 Mr. Roy P. Dalbec 3600 - 45th Avenue South Minneapolis, MN. 55406 SUBJECT: Lot 2, Block 2, Minnewashta Heights At your request, the undersigned has examined the above subject property located in the Village of Chanhassen, County of Carver and is of the opinion that the current market value is One Thousand Nine Hundred Fifty Dollars ($1,950.00). Market value in this instance bhall be defined as the highest price a willing buyer will pay a willing seller for a real property, both parties being fully aware of -the highest and best use for which the property may be used, neither party being under undue pressure or influence to buy or sell. The following information was considered and evaluated in determining this appraisal of current market value. 1) the subject property is an unimproved lot with a frontage of of approximately 90 feet on Dogwood Lane and an average depth of 140 feet. There are scattered trees on the site ranging in size from 4 inches up to approximately 18 inches in diameter. The grade is about 3 feet below the level of the street. The lot is located in a single family residential subdivision that is over 95% built up. The average age of the homes is estimated to be 10 years. Price range of the homes and site combined is estimated to be in the $35,000 to $45,000 bracket. The homes are well maintained and the neighborhood gives the general impression of being a pleasant place in which, to live. 2) present zoning is farm residential as defined in the zoning ordinance of the former town of Chanhassen. Proposed zoning is single family residental as defined in the proposed zoning ordinance of the Village of Chanhassen. ESTAT4. r Mr. Roy P. Dalbec -2- 3) there were no apparent improvements to this lot on December 22, 1971, the date of this examination. There were no visible encroachments_ on the date of examination except that part of this lot appears to serve as a surface drainage way for some of the surrounding area. 4) the subject property has natural gas available, is served by a blacktop street, has electric service and telephone service immediately available. There is no public sanitary sewer or public water service available at the date of this report. The attendant assessment search indicates that there are no unpaid special assessments outstanding nor any assessment pending on this property. 5) this appraisal of market value has been adjusted by an amount equal - the estimated cost of curing the site; that is the cost of simply filling the site to provide positive drainage in every direction away from a proposed structure. Anyone using this report should note that the examination at the property was limited to a visual inspectior: under winter conditions and this inspection would not reveal information on the possibility of rocks strata, high water tables, marginal load bearings soils etc. If information of this nature is desired, a soils report by an engineering laboratory should be obtained. 6) the following lot sales are noted and served as the best current comparables in this area. a) Lot 6, Block 4, Minnewashta Heights sold in 1970 for $3,000 b) Lot 3, Block 3, Pleasant Acres sold in 1971 for $3,500 7 ) this appraisal is subject to the limitations expressed herein -and does not cover deficiencies that may be revealed by title examination, a survey of the property or limitations imposed by deed restrictions. 8) some qualifications of the person making this appraisal are listed as follows: a) two year college equivalency certificate in Basic Engineering from the University of Kentucky; b) over 20 years in construction; land development, and related activities; c) licensed in the State of Minnesota for approximately 10 years as a real estate -business opportunity broker; Mr. Roy P. Dalbec -3- d) short course University of Minnesota in Appraisal of Land and Commercial Property; e) graduate of Realtor's Institute, Minnesota; f) member of the Minneapolis Board of Realtor's, Minnesota State Board of Realtor's and the National Association of Real Estate Boards; 9) supporting data attached a) page 1 picture of the subject property; b) page 2 assessment search by the Village of Chanhassen; c) page 3 location map; I certify that the information given is correct to the best of my knowledge, and subject to the limitations expressed. I further certify that I have no interest whatsoever in the subject property. E Rob& t A. Scho lAr , Realtor /jf n IZI E 12 17 R 14 7 N R 5 6 7 9 9 .10. NICKLE -H-C CTF o' N 6- - , VILLAGE OF C-HANHASSE-N_7 (I -A r 22 1 rn 50 Ll 2 21 17 , ;z - I '� 1 17 3 20 3 Lly 2 7-� co - 3 3 16 4 Ch r 18 15 15 4 15 5 14 5 6 12 7 14 13 10 II 0 (a NNEW HTA IZ 12 it `' _ r 13 SW cor or So, z w t3 c Of chanhassen BOX 147, CHANHASSEN, MINNESOTA 55317 • TELEPHONE 474-8885 December 30, 1971 To Whom It May Concerns There are no unpaid or pending assessments on Lot 2, Block 2, Minnewashta Heights. Sincerely, Fran Clark Deputy Clerk fc Of chaphassEn BOX 747, CHANHASSEN, MINNESOTA 55317 TELEPHONE 474-81185 December 30, 1971 To Whom It May Concern: There are no unpaid or pending assessments on Lot 2, Block 20 Mi.nnewashta Heights. Sincerely, '4 U46^� Fran Clark Deputy Clerk fc 46CI WEST SEVENTY—EIGH t H STREET • CHANHASSFN, MINNESC)Tn 51:i,91 Fl('F (a;1P) 4 24 4131 R E S- U E N r; B 1^] 1 's ca 1 a December 27, 1971 Mr. Robert Fay ield Route 5, Box 169W Excelsior, MN. SUBJECT: Lot 3, Block 2, Minnewashta Heights t your request, the undersigned has examined the above subject property located in the Village of Chanhassen, County of Carver and is of the opinion that the current market value is Twn Thousand and Fifty Dollars ($2,050.00). Market value in this instance shall be. defined as the highest price a willinq buyer will pay a willing seller for a real property, bath partie being fully aware of the highest and best use for which the property may be- used, neither party being under undu pressure- or influence to huy or sell. The following information was considered and evaluated in determininq t_hi appraisal of current market value. 1) tjle subject property is an unimproved lot with a fronta-je of of approximately 90 feet on Dogwood Lane and an average depth of 14n feet. There are scattered trees on the site ranging in size from 4 inches lap to approximately 18 inches in diameter The grade i-, ah ow 2 feet he1nw the level of the gireef, the l •I i-, Irr.11rrl ili .I ilrr�jI.nili ly I irllrl j.11 Ill,lj i,:r{,. r Y', r1Vr•f Ir,. IIII II Illy„ I11, .IV'I•illr• .lilt' rrl III' 11111: I estimated to he 10 years. Price range of the homey and sire combined is e�o imated to be in the $35,000 to $45,000 bracket, The homes are well maintained and the neighhorhood gives me general impression of being a pleasant place in which i- live. 2) present zoning is farm residential as defined in the zoninq rdinance of the former town of Chanhassen. Proposed zoning is single family residental as defined in the proposed z ninq ordinance of th, Village of Chanha_sen. 2, Mr. Robei' r Fayf i 0 1 rl 3 i here were no app, rt nr improvt men I- ro thi lot on December 22, 11)1' 1 . i h,� date of this t xami na i i to . i rl( were no vi si hl e en(.r a( hments on t he. dat of exami pia t ic.n _xcert that pa- R. of ill loL �-,ppe.ai S 1.0 r­. as surf drainage wa;, for somr? of th. irroundi nq 4) r he ;ub jec t. proper y has nat ur" , qa ava i I all I , i i v d by a riackiop street, has el,..ctric .ervice and te1nphon- servicc immediately available. Them: is no puh1 i �•arzi I ar, sewer or pub I i wa Lei- sel-Vice. avai 1 ah i e at the dat rr , s r port. The attendant assessment s,-ar(.,h indiratt.G j hot are no unpaid sper i a I assessmen Liar randi nq nor- inert l pending on this properLv. 5 this appra i a I of markO val ie ha adjti ed h, an amount equal Lh • e�.i imatPd , ost 0i ,- uI i n q the is that is the cos L of imp 1 v filling the site to pi nv i de positive dha i nacre- in ever' J rection away from a rrorn` Pfi iruc hire . Anvone i,- i nu rh i repot t shou 1 d note that lie xami nat ion at i he pi op-,r i .1 vla limited to a v i sun 1 : n P(t- i under winter conditions and this irtspection would nr 1 evt al i nformat ion on the pnssi bi 1 ity of rot:ks strata. h i qh tva i er tables, marginal load hoarin-j- Soi I err. If infori-Hal tiii. f this nature i desired, a soil rep i by an engirt„,; in.. 1 aborat(,r y shou I d be. obi ai n� d - 6) the following iot sales are noted nd s(:i,v_d gas ,h P current rt tmparah I i t h, s a, -ea. a) L t h. Rlotk 4. Mi,7neva ht•i HF�ights s. Id in a'n w "3 ON) i, 1 ► ,,t It 1. I I 1 it' 7) Ihi appraisal strf)je, t ro r.he I iii� r�,t t,,r1 xr� and does not. cover deficiencies that ma,/ he revealed by title examination, a survey of th pt-opPt iv or limitations i mposPd by deed res + t i t t i ons . 1 some qua i i i cat ions of I he pet son maki nra t hi app a i 'a] r� ect a; rnilow a i two y' t t I I cat t, , r It i va 1 tilt y r i i i i t,, i Fr; I Engine, r i n,l I roil, i h,� iln i vor -it n1 Kertt , t r ! c) licensed i ri the State of Mi nnccot.a 'ol" appr'ox ir1 year as a roal estate -business opportunity hroker- P1r , Rot �ot r I avf i e- l r j her t (-0 it n: r,r i _,o, i zi n Appr ai a, of i and .-)nrJ t:,, o,,ln, a 1 Proper t , �) gl- adtdre of ,lI [n,t dr,,; I-, Ile ta; f) member )f i he M•i neap., 1 i,, Rc)�r,, Rea I t `:tat, Roard f Pi:a I for' 1 -end th Nat im- i of Real E tare q support i nq data at ,.a, heal a) paqe 1 picture cd rho. suh iect property; :) page assessment search by t_he Vi l laq of harsh ,_, on page ? ioc-li-inn map; 1 rerti fy hat thn i nfoi-mat ion qi -*n i ,irre, t t-n th- mv knowlPrige. nd uh iP, r the � im%r+_ e�T,-es f=d T I o r, her - , t i fy ]hat hay. . n, inter,, -a , what pr ,p..r ty . ROh.'rr P. choler R r TANLEY A. N,CKL GT F 4336 , - 'i-CTF� r= - a63g. SW cor. / p 637' VILLAGE _ GJ-��S--- of Sec. 32-. C h+0. 6378 f 236 OF CHANHASSE-N�7' PSS�. 1 X Z ,A } OWN I --- - - -- 22 r V• 1 50 ----- - 1 t '� J p --- r ---- 2 s vz " 50 $ - 2 so 21 2 - -- W Y --- -- -"- - - 3 17 `. 2 i� 17 3 20 'w j � --- 4 :. �. 16 3 16 4 C� t i 18 15 --� K 15 4 15 5 w --- 31 17 �14 5 c, I ,�', i , 6 r �� �, 6 i�7. _. 13 �xNX 6 16 7 3 - -- 13 7 12 7 = 15 Y r g �• II 8 ,-. - _ Z H. i - ! 9 !0 14 ` --- - 9 10 g it ��•.- 0 !3 I-r 10 11 Q I 1 MIEWA 12 51 II ! I ° 10 8 `� i 6 � I �yw✓ M , L V1ttAgC chanhassenBOX 147, CHANHASSEN, MINNESOTA 55317 TELEPHONE 474-8885 December 300 1971 To Whom it May Concern: There are no unpaid or pending assessments on Lot 3, Block 2, Minnewashta Heights. fc Sincerely, -4Ai0., Fran Clark Deputy Clerk 0 Aigust 25, 1972 Mr. William B. Odell Attorney at Law Mein Bros. Building Chaska, Minnesota 55318 Re: Lots 1, 21 and 22, Block 2, Minnewashta Heights Dear Bill, Attached please find copies of my correspondence to you under date of January 10, 1972, and February 1, 1972, together with a copy of the conveyance of forfeited lands from the Stag to the Village covering the above described lots, and a copy of the deed from Fayfield et ux conveying Lot 3, Block 2, Minnewashta Heights, to the Village. I believe that the attached material together with the petition subsequent to initial registration which I had submitted earlier poses the problem with which the Village is faced. We are particularly anxious to, have this problem resolved as we would like to record the deeds to the above captioned lots as well as a tax title deed to Lot 3, Block 2, Minnewashta Heights, which we have received from the Fayfields . Anything you can do to help us out in this matter will be greatly appreciated. Very truly yours, Russell H. Larson Chanhassen Village Attorney RHL:b Enclosures April 24, 1972 Mr. end Mrs. Roy P . Dalbec 4224 Dight ,'\venue South Minneapolis, Minnesota 55406 Dear fir. and Mrs. Dalbec: Chanhassen gratefully acknowledges your gift of Lot 2, Block 2, Minnewashta heights, to the Village by deed dated April 10, 1972. It is the intention of the Village that this property be utilized for park purposes, and your generous gift will benefit the young people of our Village for generations to come. It is refreshing indeed to find people as public spirited as you. Our appraiser has established a market value of $1,950.00 for this property in case you wish to claim a charitable contribution. Very truly yours, Al Klingelhutz, Nayor AK: b April 24, 1972 Mr. and Mrs. Robert W . Faytield Minnewashta Heights Excelsior, Minnesota 55331 Dear Mr. and Mrs. Fayfield: Chanhassen gratefully acknowledges your gift of Lot 3, Block 2, Minnewashta Heights, to the Village by deed dated December 31, 1971. It is the intention of the Village that this property be utilized for park purposes, and your generous gift will benefit the young people of our Village for generations to come. It is refreshing indeed to find people as public spirited as you. Our appraiser has established a market value of $2 , 050.00 for this property in case you wish to claim a charitable contribution. Very truly yours, Al Klingelhutz, Mayor AK: b R.USSELL H. LARSON ATTORNEY AT LAw 1gOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 February 1, 1972 `lRt * raC �F6 1972 CIO ECeIVS:CD -=:!-. VILLAGE cap f$ CHANNASSEly, Mr. Adolph Tessness Clerk -Administrator ---fox 147 Chanhassen, Minnesota 55317 Dear Adolph, Please secure from Mr. and Mrs. Dalbec the Owner's Duplicate Certificate of Title to Lot 2, Block 2, Minnewashta Heights. I will be unable to file the deed to this property until we have the Owner's Duplicate. I would appreciate your immediate attention to this. Very truly our Russell H. Larson Chanhassen Village Attorney RHL: b R.BSSELL H. LARSON ATTORNEY AT LAw 1000 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota Dear Adolph, January 11 , 1972 55317 Re: Lots 2 and 3, Block 2, Minnewashta Heights TELEPHONE 335-9565 Attached are the Dalbec and Fayfield deeds to the Village covering Lot 2, Block 2, and Lot 3, Block 2, Minnewashta Heights, respectively. Please arrange with the Dalbecs and Fayfields to have these deeds signed in the presence of two witnesses and a notary public who can act as one of the witnesses. The Dalbec deed must be accompanied by a surrender of Mr. Dalbec's owner's duplicate certificate of title covering this lot. If you have any questions regarding this, please feel free to call. Very yours , I r ssell H. Larson Chanhassen Village Attorney RH L: b Enclosures RussELL H. LARSON ATTORNEY AT LAw 1g00 FIRST NATIONAL BANH BUILDING MINNEAPOLIS, MINNESOTA 55402 January 10, 1972 Village Council Village of Chanhassen Chanhassen, Minnesota Re: Lot 2, Block 2, Minnewashta Heights Dear Council Members, TELEPHONE 335-95G5 In connection with the Village's proposed acquisition of the above described lot for park purposes, I have examined the Registered Property Abstract covering said property. The abstract was prepared by Carver County Ab- stract Company, Inc. , and was dated January 6, 1972 , at 1:30 p, m. The abstract discloses that the above described property is described on Certificate of Title No. 4806, registered in Volume 13, page 149, in the office of the Registrar of Titles of Carver County, Minnesota. According to the Certificate of Title and Registered Property Abstract, the property is registered in the following name: Roy P. Dalbec, who is married to Ann K. Dalbec. Such ownership is subject to the following: 1. Subject to easement to the Town of Chanhassen upon the rear five feet of said lot. The easement bears Document No. 4925, was dated March 22, 19 54 , and filed May 17, 19 54 . 2. Subject to covenants and restrictions filed in the office of the Registrar of Titles for Carver County, Minnesota, as Document No. 4634. These covenants detail the type of improvements which can be placed on the lots in Minnewashta Heights and the use to which these lots can be placed. Village Council -2- January 10, 1972 Essentially, the covenants and restrictions provide that all lots in this sub- division shall be used as residential lots, and the restrictions also control the type of structures which may be erected on said Lots. In theory, these restrictions could prevent the use of these lots for park purposes. You may recall that we have this question pending concerning the lots adjoining this lot which were acquired by the Village several years ago. 3. Subject to taxes due and payable in the year 1971 in the amount of $107.90 plus interest which are unpaid. It will be necessary that these taxes be paid prior to- the recording of any deed unless the Carver County Board can be prevailed upon to lawfully abate these taxes. I have not yet checked whether such abatement is possible. 4. Subject to the rights of any person or persons in possession of the premises above described. 5. Subject to a right of any person or persons to claim a lien on the premises for work performed or materials furnished in the improvement of said premises within the past 90 days. 6. Subject to all encroachments, easements and other matters that might be ascertained by an actual survey and inspection of the premises above described. 7. Subject to existing zoning and building regulations and ordinances. 8. The following statutory exceptions appear on the face of the title certificate: a) Liens, claims or rights arising under the laws of the Constitution of the United States, which the statutes of this State cannot require to appear of record. b) Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. c) Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. P Village Council -3- January 10, 1972 d) All public highways embraced in the description of the lands included in the certificates shall be deemed to be excluded. e) Such right of appeal or right to appear and contest the application as is allowed by law. f) The rights of any person in possession under deed or contract for deed from the owner of the certificate of title. In the event the Council acts to accept the gift of this lot to the Village, it will be necessary that the following be undertaken: a) Delivery of deed from Roy P. Dalbec, joined in by his wife, Ann K. Dalbec . b) Surrender of Owner's Duplicate Certificate of Title. c) Payment of delinquent real estate taxes, or abatement thereof. d) Resolution by Council accepting donation of described premises. In anticipation that you will act to accept this property, I have prepared a form of deed and delivered it to Mr. Tessness for presentation to the Dalbecs for signature. Ve ruly y r Pill 1i VP Russell H. Larson Chanhassen Village Attorney RHL:b cc All Council Members RUSSELL H. LARsow ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 10, 1972 Village Council Village of Chanhassen Chanhassen, Minnesota 55317 Re: Lot 3, Block 2, Minnewashta Heights Dear Council Members, TELEPHONE 335-9565 In connection with the Village's proposed acquisition of the above described lot for park purposes, I have examined the Registered Property Abstract covering said property. The abstract was prepared by Carver County Ab- stract Company, Inc. , and was dated January 6, 1972, at 1:30 p.m. The abstract discloses that the above described property is described on Certificate of Title No. 3954, registered in Volume 10, page 259, in the office of the Registrar of Titles of Carver County, Minnesota. According to the Certificate of Title and Registered Property Abstract, the property is registered in the following names: Jake Abramovitz and Bert I. Swatez (Jake Abramovitz is shown to be single and Bert I. Swatez is shown to be married to Caroline Swatez) . 1. Subject to easement to the Town of Chanhassen upon the rear five feet of said lot. The easement bears Document No. 4925, was dated March 22, 1954, and filed May 17, 1954. 2. Subject to covenants and restrictions filed in the office of the Registrar of Titles for Carver County, Minnesota, as Document No. 4634. These covenants detail the type of improvements which can be placed on the lots in Minnewashta Heights and the use to which these lots can be placed. Village Council -2- January 10, 1972 Essentially, the covenants and restrictions provide that all lots in this sub- division shall be used as residential lots, and the restrictions also control the type of structures which may be erected on said lots. In theory, these restrictions could prevent the use of these lots for park purposes. You may recall that we have this question pending concerning the lots adjoining this lot which were acquired by the Village several years ago. 3. Real estate taxes payable in 1971 and prior years are shown to be paid. 4. The Certificate of Title shows County Auditor's Certificate, Document No. 14046, to the effect that said premises were sold pursuant to real estate tax judgment and was duly bid in for by the state, that the time for redemption has expired, and that absolute record title to said parcel of land is vested in the State of Minnesota. Subsequent to the real estate tax sale noted above, the premises were con- veyed by the State of Minnesota to Robert W. Fayfield and Mary T. Fayfield by an unrecorded deed dated November 21, 1969. Inasmuch as the Fayfield title is based on a tax forfeited land sale, it will be necessary that prior to the taking of title by the Village that it institute proceedings subsequent in the Carver County District Court for an order for the issuance of a new certificate of title. Where a title depends upon any kind of a tax judgment sale certificate and no additional record title is acquired, such title is not acceptable until established through an action in the nature of a proceeding subsequent to initial registration in the case of registered land, or an action to quiet title in the case of abstract property. In Minnesota, the lien for delinquent taxes is foreclosed by a complicated proceeding accomplishing that purpose, and the land is sold with a period of redemption following sale. There are essential jurisdictional steps to be taken by county officials prior to and after the sale in order to bar the right to redeem. These steps include notices in prescribed forms, and particular dates and methods of service to observe, all of which must be followed with extreme care. Deviation from an almost literal compliance with the law voids the purported title and leaves the claimant with a clouded title or with nothing. For example, the minority or mental incompetency of a record Village Council -3- January 10, 1972 owner could defeat the expiration of the period of redemption. Such being the case, the statutes prescribe a procedure for the issuance of a new certificate of title in cases of tax forfeited registered land. This pro- cedure will include service of a notice on the record fee owners, Abramovitz and Swatez in this case, affording them the opportunity to come forward and show cause why the title should not be registered in the name of the Village. This procedure could be simplified if we were able to secure a deed from these record owners, but this is not always possible. In the event the Council acts to accept the gift of this lot to the Village, it will then be necessary that the following steps be undertaken: a) Delivery of deed from Mr. and Mrs. Fayfield. b) Resolution by Council accepting donation of described premises. c) Direction to start proceedings subsequent for issuance of new certificate to the Village. In anticipation that you will accept this property, I have prepared a form of deed and delivered it to Mr. Tessness for presentation to the Fayfields for signature. „Very- truly yours Russell H. Larson Chanhassen Village Attorney RHL: b V1ttacE Of chan hASsen BOX 147, CHANHASSEN, MINNESOTA 55317 • TELEPHONE 474-8885 SALES AGREEMENT For $1.00 (one dollar) and other good and valuable consideration, the receipt of which is hereby acknowledged, We�I, ;� hereby agree to convey Lot 3, Block 2, Minnewashta Heights, Carver County, Minnesota, to the Village of Chanhassen, on December 31, 1971. Date: 3,1 WITNESS: OWNERS: T L, vittacE Of chanhassEnBOX 147, CHANHASSEN, IVIINNESOTA 55317 • TELEPHONE 474-8B95 SALES AGREEMENT For $1.00 (one dollar) and other good and valuable consideration, the receipt of which is hereby acknowledged, We/I 'OpoV hereby agree to convey Lot 2, Block 2, Minnewashta Heights, Carver County, Minnesota, to the Village of Chanhassen on January 3, 1972. Date: S-) .�ArJ � WITNESS: OWNERS: