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Res 2020- 50 Accept Donation of Vacant Land from BonineCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-50 RESOLUTION ACCEPTING THE DONATION TO THE CITY OF VACANT LAND FROM ROBERT AND KATHLEEN BONINE WHEREAS, the City of Mendota Heights adheres to Minnesota Statute 465.03 "Gifts to Municipalities", which requires the City Council to adopt a resolution to accept gifts being made to the City; and, WHEREAS, Mendota Heights residents Robert and Kathleen Bonine have offered to donate to the City two vacant lots totaling 15,011 square feet in size, which have a valuation as set by Dakota County for taxation purposes in the amount of $42,600; and WHEREAS, the City Council of Mendota Heights hereby agrees that acceptance of this vacant land would add to the City's inventory of wetlands, and would therefore serve a public purpose; and, WHEREAS, the Bonines will cover the City's costs incurred with this transfer up to the amount of $3000; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wishes to acknowledge the civic mindedness of Robert and Kathleen Bonine and officially recognize their donation. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights that it gratefully accepts the donation of the following property from Robert and Kathleen Bonine: Lots 9 and 10, Block 5, Smith TT Subdivision No. 4 BE IT FURTHER RESOLVED that the Donation Agreement and Quit Claim Deed that has been drafted to facilitate this donation shall be signed and recorded. Adopted by the City Council of the City of Mendota Heights this 18a` day of August 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTES m Lorri Smith, City Clerk Receipt:# 702533 RES $46,00 Returnto: SI PLIFILE 2 NOR 501NORTH 300 W rrs�rzmycasaz� 3402548 111111111111111111111111 Recorded on: 9130/2020 1:14 PM By: DRAr Deputy Office of the County Recorder Dakota County, Minnesota Amy A, Koefhe, Counly Recorder RESOLUTION 2020-50 WECEREAS, the City of Mendota Heights adheres to. IvIiimes.om Statute 465.03 "Gifts td Mun icipahties", which requires the CityCounc l to adopt a:resolution ta:accept gifi's being -made to the City, and WB�REAS, Mendota,Heiglrts residents Robert and Kathleen Bonine,have:offered to donate to the CRY two 1vacant lots totaling,l S,Ol.I square feet in size, which, hav"e a Valuation as set by Dakota County for taxation purposes in the:amount of $Qj600; and WHEREAS, the City:Cnm�cil of Mendota S-taights hereby ag��ees that.acaeptanee of this vacant land would add to tha Crty's htveutaty of"wetlands, and would the efore serve a public purpose; and, WHEREAS, the Bon.iies will cover the City's costs ftcutxed wit(z this b•ansfer up to the amount of $30009and WHEREAS, the City Council a;fthe City of Mendota Heights lias.duly bons:idered_tliis matter and wishes to acknowledge the civic mindedness of Robert and Kathleen Bonine: and officially a"aaognizetlzeir doatiatitin• NOW TIi W, QB 'i3E IT TMREBY RESOLVED that the City Council Of the City ofMendota ldeights that it gratefully acoeptsthe donation of tl efollowin{ property ltoM Rbbett and Kathleen Borriirc Lots 9 and, 10), Block 5, "5rrtith TTSub dit4silod Ma, 4 BE IT FCtRxIIFR RESOLED that the Donation Agreement"and Quit Claim Deed that has been drafted to ILIUM= dus donation shall be signed and recorded. Adopted by the City Council of the tity of Mendota Heights this le day of. August 2020. CITY COUNCIL CfTi' pF MIJNDOT� HE+IGI�'I'S STATE OF MINNESOTA COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, the duly appointed City Clerk of the City of Mendota Heights, certify that the attached Resolution 2020-50 Accepting the Donation to the City of Vacant Land from Robert and Kathleen Bonine is an exact copy of said resolution on file in my office adopted by the Mendota Heights City Council on August 18, 2020. Signed and sealed by my hand on this 22nd day of September, 2020. Lora Smith T City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-50 RESOLUTION ACCEPTING THE DONATION TO THE CITY OF VACANT LAND FROM ROBERT AND KATHLEEN BONINE WHEREAS, the City of Mendota Heights adheres to Minnesota Statute 465.03 "Gifts to Municipalities", which requires the City Council to adopt a resolution to accept gifts being made to the City; and, WHEREAS, Mendota Heights residents Roberk and Kathleen Bonitne have offered to donate to the City two vacant lots totaling 15,011 square feet in size, which have a valuation as set by Dakota County for taxation purposes in the amount of $42,600; and WHEREAS, the City Council of Mendota 13eights herebyagrees fhat acceptance of this vacant land would add to the City's inventory of wetlands, and would therefore serve a public purpose; and, WHEREAS, tine Bovines will cover the City's costs i�icunred with this transfer up to the amount of $3000; and WHEREAS, the City Council of the City of Mendota Heights Uas duly considered this matter and wishes to acknowledge the civic mindedness of .Robert and Kathleen Bonine and officially recognize their donation. NOW THEREFORE I3E IT HEREBY RESOLVED that the City Council of the City oI Mendota Ileights that it gratefully accepts the donation of the following property from Robert and Kathleen Bonine; Lots 9 and 10, Black 5, Smith TT Subdivision No, BE TT FUItTHE12 RESOLVED than tine Donatiou Agreement and Quit Gluim Deed that has been drafted to facilitate this donation shall be signed and recorded. Adopted by the City Council of the City of Mendota Heights this 18a' day of August 2020. ATTE/S/��j Lorri Smith, City Cleric CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor STATE OF MINNESOTA COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, the duly appointed City Clerk of the City of Mendota Heights, certify that the attached Resolution 2020-50 Accepting the Donation to the City of Vacant Land from Robert and Kathleen Bonine is an exact copy of said resolution on file in my office adopted by the Mendota Heights City Council on August 18, 2020. Receipt:# 703162 AGREE $46.00 Return to: SIMPDFILE 5072 NORTH 300 W PROVO UT 84604 DONATION AGREEMENT 3403042 III1111111111112111111111 III 10:05 AM By: AS, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Renter, County Recorder This Donation Agreement (the "Donation Agreement") pertains to real prope legally described on Exhibit A hereto (the "Donated Property"), dated and effective as of this day of 6,u9 us�% 2020, between Robert and Kathleen Bonine, a married couple (collectively, the "Donor") and the City of Mendota Heights, a municipal corporation and political subdivision under the laws of the State of Minnesota (the "City"). RECTTALS This Donation Agreement is made and entered into on the basis of the following facts and understandings of the parties hereto: A. The Donor wishes to donate the Donated Property to the City (the "Donation"). The Donated Property is a separate parcel of real property located directly to the south of the Donor's primary residence at 689 3rd Avenue in the City, and has Parcel Identification No. 276970305100. B. The City is a municipality and political subdivision of the State of Minnesota and the contribution described in this Donation Agreement will constitute a "charitable contribution" within the meaning of Section 170(c)(1) of the Internal Revenue Code of 1986, as amended (the "Code"). C. The Donor wishes to donate and contribute the Donated Property to the City and the City wishes to accept such Donation. The City Council of the City has accepted the Donation pursuant to a resolution, adopted by a two-thirds vote of the City Council, D. The City is familiar with the Donated Property, and has been given a full and complete opportunity to conduct its own investigation as to any matter, fact or issue that might influence the City's decision to accept the Donated Property from the Donor. Accordingly, the City is willing to accept the Donated Property from the Donor without any representations or warranties whatsoever regarding the Property and on an "as is, where is" and "with all faults" basis. The City may purchase an owner's policy of title insurance covering the Donated Property at any time. E. The parties wish to specify the timing, conditions, and terms ofthe Donation more fully herein. AGREEMENT 1. DONATION. 1.1. Closing Costs. The Donor shall pay all costs associated with the transfer of the Donated Property up to $3,000, including but not limited to legal fees, owner's title insurance policy costs, and recording costs (the "Closing Costs"). Any Closing Costs in excess of $3,000 shall be paid by the City. 1.2. Donation of Donated Property. The Donor agrees to donate to the City, and the City agrees to accept from Donor, fee ownership in the Donated Property, subject to any existing encumbrances of public record. 1.3. Title. Title to the Donated Property shall be transferred on the Closing Date via a quit claim deed executed by Donor. 1 A ClosingDate. Closing for the Donation shall occur no later than November 1, 2020, or such later date as is agreed to by the parties hereto (the "Closing Date"). 1.5, Further Assurances. The City and the Donor agree to execute all instruments and documents and to take all actions reasonably necessary and appropriate to consummate the transfer and Donation of the Donated Property and shall use their best efforts to close the transaction in a timely manner. 1.6. Public Benefit. It is the Donor's intention that the Donation is a charitable contribution under Section 170(c)(1) of the Code, and the City agrees that the rights and property donated hereunder shall be used for the public's benefit. 2. ACKNOWLEDGMENTS AND RELEASE, 2.1. CITY'S ACKNOWLEDGMENTS, THE CITY ACKNOWLEDGES THAT IT IS ACCEPTING THE DONATED PROPERTY SOLELY IN RELIANCE ON THE CITY'S OWN INVESTIGATION, AND THE PROPERTY IS IN "AS IS, WHERE IS" CONDITION WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE. THE CITY EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENT OF THE DONOR HEREIN, AND EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE DONOR MAKES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE DONATED PROPERTY OR ANY MATTER RELATED THERETO, 2.2. RELEASE. (a) RELEASE. THE CITY FULLY RELEASES AND DISCHARGES THE DONOR FROM AND RELINQUISHES ALL RIGHTS, CLAIMS AND ACTIONS THAT THE CITY MAY HAVE OR ACQUIRE AGAINST THE DONOR WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE CONDITION OF THE DONATED PROPERTY, INCLUDING WITHOUT LIMITATION THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT THE DONATED PROPERTY (INCLUDING BUT NOT LIMITED TO ANY UNDISCOVERED HAZARDOUS MATERIALS LOCATED BENEATH THE SURFACE OF THE DONATED PROPERTY) AND VIOLATIONS OF ANY HAZARDOUS MATERIALS LAWS PERTAINING TO THE DONATED PROPERTY OR THE ACTIVITIES THEREON, THIS RELEASE APPLIES TO ALL DESCRIBED RIGHTS, CLAIMS AND ACTIONS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PRESENT OR FUTURE. (b) EFFECTIVENESS. THE PROVISIONS OF THIS SECTION 2 SHALL BE EFFECTIVE AS OF THE CLOSING DATE AND SHALL SURVIVE THE CLOSING DATE, 3. GENERAL PROVISIONS 3.I. Successors and Assiens. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 3.2. Entire Agreement. This Donation Agreement contains the entire agreement between the parties concerning the Donation and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both parties hereto. 3.3. Time of Essence. The parties hereto hereby acknowledge and agree that time is strictly of the essence with respect to each term and condition of this Donation Agreement and that the failure to timely perform any of the terms and conditions by either party shall constitute a breach and default under this Donation Agreement by the party failing to so perform. 3.4. Partial Invalidity. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Donation Agreement. 3.5. Governin Law. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 3.6. No Third Party Benefits. No person other than the Donor and the City, and their permitted successors and assigns, shall have any right of action under this Donation Agreement, 3.7. Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. 3.8. Ca tions. The captions and Section numbers of this Donation Agreement are for convenience and in no way define or limit the scope or intent of the Sections of this Donation Agreement. 3.9. Counterparts and Recording. To facilitate execution, this Donation Agreement may be executed in as many counterparts as maybe convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. Upon execution hereof, this Donation Agreement shall be promptly recorded by the City in the appropriate Dakota County land records office. The Donor shall pay all recording costs pursuant to Section 1.1 hereof. 3.10. No Presumption. All the parties hereto and their attorneys have had full opportunity to review and participate in the drafting of the final form of this Donation Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Donation Agreement would be construed or interpreted against the party causing the document to be drafted. [Signatures on the next page) City signature page to the Donation Agreement, as the Donee. DONEE: CITY OF MENDOTA HEIGHTS, NIINNESOTA Neil Garlock ey J � 1 B*vI[Y„��� J ,LQrf IJl�lilth 5 � Its,tya,e�yrk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this �� day of 2020, by Neil Garlock and Lord Smith, the Mayor and City Clerk, respectwely, of the CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation and political subdivision, on behalf of the City. Donor signature page to the Donation Agreement, DONOR: B Ro ert Bonine STATE OF MINNESOTA ) ) ss. COUNTY OF DOO A' ) The foregoing instrument was acknowledged before me this ay of 2020, by Robert Bonine and Kathleen Bonine, a married couple. Notary Public My Commission Expires THIS INSTRUMENT DRAFTED BY: Best &Flanagan LLP 60 South Sixth Street, Suite 2700 Minneapolis, MN 554024452 LEGAL DESCRIPTION OF DONATED PROFERTY Lot 9 and Lot 10, Block 5, TI Smith's Subdivision No. 4, according to the recorded plat thereof, Dakota County, Minnesota. 6241429v1 E-recording Report of Recorded Documents Itemized Fee View Preparetl for: Campbell Knutson, P.A. (MNTEN7) Cost center: Campbell Knutson Report generated: 10/05/2020 11:04 AM MDT Documents Recorded NAME TYPE PG ENTRY RECORD DATE AMT SF TOTAL PROCESSED Dakota County, MN Oct 2, 2020 Dana ion Agrg,ment - Mendota Hktghts - 9onlne ognaL, et AgrQgp¢nt A¢eem&nt 8 EE34O8042 101OW202010:05 AM CDT No lee 0.00 Submission Fee 4.00 4.00' 10/0512020 Recording Fee 46.00 0.00 46.00 10105/2020 Recording Fee Totals COUNTY RECORD DATE AMT SF TOTAL Dakota County, MN 1UO2/2020 46.00 4.00 5000 Totals for Dakota County, MN 46.00 4.00 50.00 Total of All Recording Fees 46.00 4.00 50.00 Document Count: 1 Package Count: 1 Questions Contact: Simplifile Support 800.460.5657, option 3 5072 on 300 West Provo, UT 84604 �)rvor� 1711f`� 451��[lf���l�rl �1►�Y This Donation Agreement (the Donation Agreement") pertains to real propert legally described on Exhibit A hereto (the "Donated Property"), dated and effective as of this day of 6LU j as-fL 2020, between Robert and Kathleen Bonine, a married couple (collectively, the "Donor") and the City of Mendota Heights, a municipal corporation and political subdivision under the laws of the State of Minnesota (the "City"), RECITALS This Donation Agreement is made and entered into on the basis of the. following facts and understandings of the parties hereto: A. The Donor wishes to donate the Donated Property to the City (the "Donation"). The Donated Property is a separate parcel of real property located directly to the south of the Donor's primary residence at 689 3rd Avenue in the City, and has Parcel Identification No. 276970305100. B. The City is a municipality and political subdivision of the State of Minnesota and the contribution described in this Donation Agreement will constitute a "charitable contribution" within the meaning of Section 170(c)(1) of the Internal Revenue Code of 1986, as amended (the "Code"), C. The Donor wishes to donate and contribute the Donated Property to the City and the City wishes to accept such Donation. The City Council of the City has accepted the Donation pursuant to a resolution, adopted by a two-thirds vote of the City Council, D. The City is familiar with the Donated Property, and has been given a full and complete opportunity to conduct its own investigation as to any matter, fact or issue that might influence the City's decision to accept the Donated Property from the Donor. Accordingly, the City is willing to accept the Donated Property from the Donor without any representations or warranties whatsoever regarding the Property and on an "as is, where is" and "with all faults" basis. The City may purchase an owner's policy of title insurance covering the Donated Property at any time. E. The parties wish to specify the timing, conditions, and terms of the Donation more fully herein. AGREEMENT 1. DONATION. l.l. Closing Costs. The Donor shall pay all costs associated with the transfer of the Donated Property up to $3,000, including but not limited to legal fees, owner's title insurance policy costs, and recording costs (the "Closing Costs"). Any Closing Costs in excess of $3,000 shall be paid by the City. 1.2. Donation of Donated Property. The Donor agrees to donate to the City, and the City agrees to accept from Donor, fee ownership in the Donated Property, subject to any existing encumbrances of public record. 1.3. Title. Title to the Donated Property shall be transferred on the Closing Date via a quit claim deed executed by Donor. 1.4. Closin Date. Closing for the Donation shall occur no later than November 1, 2020, or such later date as is agreed to by the parties hereto (the "Closing Date"). 1.5. Further Assurances. The City and the Donor agree to execute all instruments and documents and to take all actions reasonably necessary and appropriate to consummate the transfer and Donation of the Donated Property and shall use their best efforts to close the transaction in a timely manner. 1.6. Public Benefit. It is the Donor's intention that the Donation is a charitable contribution under Section 170(c)(1) of the Code, and the City agrees that the rights and property donated hereunder shall be used for the public's benefit. 2. ACKNOWLEDGMENTS AND RELEASE. 2.1. CITY'S ACKNOWLEDGMENTS. THE CITY ACKNOWLEDGES THAT IT IS ACCEPTING THE DONATED PROPERTY SOLELY IN RELIANCE ON THE CITY OWN INVESTIGATION, AND THE PROPERTY IS IN "AS IS, WHERE IS" CONDITION WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE. THE CITY EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENT OF THE DONOR HEREIN, AND EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE DONOR MAKES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE DONATED PROPERTY OR ANY MATTER RELATED THERETO. 2.2. RELEASE. (a) RELEASE. THE CTPY FULLY RELEASES AND DISCHARGES THE DONOR FROM AND RELINQUISHES ALL RIGHTS, CLAIMS AND ACTIONS THAT THE CITY MAY HAVE OR ACQUIRE AGAINST THE DONOR WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE CONDITION OF THE DONATED PROPERTY, INCLUDING WITHOUT LIMITATION THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT THE DONATED PROPERTY (INCLUDING BUT NOT LIMITED TO ANY UNDISCOVERED HAZARDOUS MATERIALS LOCATED BENEATH THE SURFACE OF THE DONATED PROPERTY) AND VIOLATIONS OF ANY HAZARDOUS MATERIALS LAWS PERTAINING TO THE DONATED PROPERTY OR THE ACTIVITIES THEREON. THIS RELEASE APPLIES TO ALL DESCRIBED RIGHTS, CLAIMS AND ACTIONS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PRESENT OR FUTURE. (b) EFFECTIVENESS. THE PROVISIONS OF THIS SECTION 2 SHALL BE EFFECTIVE AS OF THE CLOSING DATE AND SHALL SURVIVE THE CLOSING DATE. 3. GENERAL PROVISIONS 3.1. Successors and Assigns. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 3.2. Entire Agreement. This Donation Agreement contains the entire agreement between the parties concerning the Donation and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both parties hereto. 3.3. Time of Essence. The parties hereto hereby acknowledge and agree that time is strictly of the essence with respect to each term and condition of this Donation Agreement and that the failure to timely perform any of the terms and conditions by either party shall constitute a breach and default under this Donation Agreement by the party failing to so perform. 3.4. Partial Invalidity. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Donation Agreement. 3.5. Governing Law. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 3.6. No Third Party Benefits. No person other than the Donor and the City, and their permitted successors and assigns, shall have any right of action under this Donation Agreement. 3.7. Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. 3.8. Cantions. The captions and Section numbers of this Donation Agreement are for convenience and in no way define or limit the scope or intent of the Sections of this Donation Agreement. 3.9. Counterparts and Recording. To facilitate execution, this Donation Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. Upon execution hereof, this Donation Agreement shall be promptly recorded by the City in the appropriate Dakota County land records office. The Donor shall pay all recording costs pursuant to Section 1.1 hereof. 3.10. No Presumption. All the parties hereto and their attorneys have had full opportunity to review and participate in the drafting of the final form of d this Donation Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Donation Agreement would be construed or interpreted against the party causing the document to be drafted. [Signatures on the next page J City signature page to the Donation Agreement, as the Donee. DONEE: CTfY OF MENDOTA HEIGHTS, MINNESOTA By ' rlx�k �� Neil Garlock Its: Mayor B Lorri Smith Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this �� day of ?' 2020, by Neil Garlock and Lorri Smith, the Mayor and City Clerk, respectively, of the CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation and political subdivision, on behalf of the City. PAMELAJ.DEEB Notary Public Notary PublJoNinnesota '�MV Commieelon Entree Jen 31, 2022 My Commission Expires Donor signature page to the Donation Agreement. DONOR: B Robert Bonine By X l 1 Kathleen Bonine STATE OF MINNESOTA ) COUNTY OF OIZO � ) ss. �, The foregoing instrument was acknowledged before me this /0 day of 5 , 2020, by Robert Bonine and Kathleen Bonine, a married couple. Notary Public My Commission Expires THIS INSTRUMENT DRAFTED BY: Best &Flanagan LLP 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402-4452 LEGAL DESCRIPTION OF DONATED PROPERTY Lot 9 and Lot 10, Block 5, T.T. Smith's Subdivision No. 4, according to the recorded plat thereof, Dakota County, Minnesota, 6241429v1 Receipt:#703848 $$CD �DTNo (I I I I3403760 IIII1�0Ii�I, �ihl l'I�I II� I��I II 5.65 quentra..ea 1I9f9III,I .. _ Transfer Entered Recorded on: 10/6/2020 8:18 AM CRV Not Required By: AS, Deputy Return to: Office of the County Recorder SiMPUFILE Dakota County, Minnesota 5072 NORTH 300 W Amy A. Koethe, County Recorder Amy A. Kearns, Treasurer Audrtor PROVO UT 84604 (Top 3lnches reserved for recording data) DUfT CLAIM DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Business Entity Form 10.3.2 (2018) eCRV number. NIA DEED TAX DUE: $1.70 DATE: omNeayyead FOR VALUABLE CONSIDERATION, Robert Bonine and Kathleen Bonine, a married couple (intent name and mamolstatus of each Grantor) ("Grantor), hereby conveys and quitdaims to fha Ciry of Mendota Heights, Mlnnesota (insert Rama ofGrentee) a municipal corporation and political subdivision under the laws of the State of Minnesota ("Grantee), real property in Dakota County, Minnesota, legally described as follows: Lot 9 and Lot 10, Block 51 T.T. Smith's Subdivision No. 4, according to the recorded plat thereof, Dakota County, Minnesota. Total consideration for this transfer is less than $3,000. Check here if all or pad of the described real propedy is Registered (7orrensJ ❑ together with all hereditaments and appurtenances belonging thereto. Page 2 of 2 Minnesota Uniform Conveyancing Blanks Farm 10.3.2 Check applicable boX: ■ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ Awell disclosure certificate accompanies this document or has been electronicallvfiled, (If electromrall filed Insert WDC number •r..; - ) ❑ 1 am familiar With the property described in this instrument and I certity that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. state of Minnesota, County at Grantor / c%7if'u�- 5 alum)Robert Barone A /nmNR)Kathleen Bonine (sismwre) re,umm) This instrument was acknowledged before me on �J 1 a f=�= � by (monfNday/year) Robert Bonine and Kathleen Bonine a married couple (insml name and maMaetalm of each Granted I A THIS INSTRUMENT WAS GRAFTED BY: (ImeH name andeddress) Bess &Flanagan LLP 6G South Sixth Street Suite 2700 Minneapolis, Minnesota 55402 612,339,7121 (signal lure of notarialAM6 LL,�, TiOe (and Rank): Fxnke— 2 My commission expires: V! Lk .+ (monflVdayryaar) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT T0: rimers legal name and msidenlial orbusfnass address of Grantee) City of Mendota Heights 1t01 Victoria Curve Mendota Heights, Minnesota 55118 (Top 3 inches reserved tar recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Business Entity Form 10.3.2 (200) eCRV number: N/A DEED TAX DUE: $1.70 DATE: (rcwmmdayyear) FOR VALUABLE CONSIDERATION, Robert Bonine and Kathleen Bonine, a married couple posed name and mamas cram: of each Greater) ("Grantor), hereby conveys and quitclaims to the Ci[y of Mendota Heights, Minnesota finned name of Grantee) a municipal corporation and political subdivision under the laws of the State of Minnesota ("Grantee'), real property in Dakota County, Minnesota, legally described as follows: Lot 9 and Lot 10, Block 5, T.T. Smith's Subdivision No. 4, according to the recorded plat thereof, Dakota County, Minnesota. Total consideration for this transfer is less than $3,000. Check here if all or part of the described real property is Registered (Torreon) ❑ together with all hereditaments and appurtenances belonging thereto. Page 1 of 2 Check applicable box: ■ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electromcallV filed. (If electronically filed, insert WDC number. .) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County ofiz0�n Minnesota Uniform Conveyancing Blanks Form 1g.3.2 Grantor 4K,% fsg""ture)Robert Boonine A VAZI � � 1 b^aN�)Kathleen Bonine fsgnawm) (signature) This inst ument was acknowledged before me on O /' ( e7' �� o , by (monlrodayyear) Robert Bonine and Kathleen Bonine, a married couple lined name and mantal status of each Grantor) THIS INSTRUMENT WAS DRAFTED BY: (insan name and address) at &Flanagan LLP 60 South Sixth Street Suite 2700 Minneapolis, Minnesota 55402 612,339,7121 A (mgnfore ofrwtanaf officer) Title (and Rank): i Yi , My commission expires: fmon h1dayryear) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD 8E SENT T0: (insert legal name and residential or business address of Grantee) City of Mendota Heights 1 t01 Victoria Curve Mendota Heights, Minnesota 5511a Roger N. Knutson Elliott B. Knetsch Joel J. Jamm Andrea McDowell Poehler Soren M. Mattick David S. Kendall Henry A. Schaeffer, III Alma Schwartz Shana N. Conklin James J. Monge, III Jerome M. Porter Leah C.M. Koch Meagan K. Kelley Thomas J. Campbell* *Retired CAMPBELL KNLITSON October 8, 2020 Ms. Lorri Smith City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: City of Mendota Heights -Miscellaneous Recordings Dear Ms. Smith: Enclosed please find the following documents which were e-recorded by the office of the Dakota County Recorder. City of Mendota Heights Resolution No. 2020-50 Accepting the Donation to the City of Vacant Land from Robert and Kathleen Bonine, recorded on September 30, 2020 as Abstract Document No. A3402548; Donation Agreement between Robert and Kathleen Bonine and the City of Mendota Heights recorded on October 2, 2020 as Abstract Document No. A3403042; and Quit Claim Deed between Robert and Kathleen Bonine and the City of Mendota Heights recorded on October 6, 2020 as Abstract Document No. A34037600 Please note, that since these documents were e-recorded, it is our policy to staple the recorded documents to the originals you provided our office for recording. If you have any questions regarding the above, please give me a call. /smt Enclosures Very truly yours, CAMPBELL KNUTSON Professional Association By Stuart M. Teigen egal Assistant