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HomeMy WebLinkAboutRecording Documents for LA19-000046Melanie Curtis From: Kenzie M. Longren <KLongren@fwhtlaw.com> Sent: Wednesday, November 6, 2019 1:53 PM To: Melanie Curtis Subject: RE: Documents for recording: LA19-000046 [IWOV-Active.FID1248515] Attachments: Certificate of Exemption from Subdivision Regulations.PDF; Recorded Quit Claim Deed from OCBR 1, LLC to OCBR 2, LLC.PDF; Recorded Quit Claim Deed from OCBR 2, LLC to OCBR 1, LLC.PDF; Recorded Resolution 7004.PDF; Recorded Grant of Permanent Easement for Drainge and Utility Purposes.PDF; Recorded Driveway Easement Declaration.PDF Melanie, Attached are the following recorded documents related to the Scott Richardson lot line adjustment: 1. Certificate of Exemption from Subdivision Regulations 2. Deed from OCBR 1, LLC to OCBR 2, LLC 3. Deed from OCBR 2, LLC to OCBR 1, LLC 4. Resolution 7004 vacating D/U Easement 5. Grant of Permanent Easement for Drainage and Utility Purposes 6. Driveway Easement Declaration Scott decided to scrap the idea of the additional lot line adjustment that I believe you had discussed with Anthon and that we had talked about a couple weeks ago. Please let me know if you need anything else on this matter. Thanks, Kenzie Longren Attorney at Law Fabyanske, Westra, Hart & Thomson, P.A. Direct: 612.359.7678 1 Firm: 612.359.7600 1 Fax: 612.359.7602 333 South Seventh Street, Suite 2600 Minneapolis, Minnesota 55402 klongren(a.fwhtlaw.com fwhtlaw.com vCard From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Tuesday, September 24, 2019 9:12 AM To: Kenzie M. Longren <KLongren@fwhtlaw.com> Subject: RE: Documents for recording: LA19-000046 [IWOV-Active.FID1248515] Hi, just checking in again. Any update? Thanks. Melanie Curtis 9952.249.4627 ®mcurtis ci.orono.mn.us All permitting is now done through our new online portal - LINK. From: Kenzie M. Longren [mailto:KLongren@fwhtlaw.com] Sent: Monday, August 26, 2019 2:11 PM To: Melanie Curtis Subject: RE: Documents for recording: LA19-000046 [IWOV-Active.FID1248515] Hi Melanie, I'm waiting to get original signature pages from Scott for recording, but I expect to have them soon. I'll send you recorded copies as soon as available. Sorry for the delay. Kenzie Longren Attorney at Law Fabyanske, Westra, Hart & Thomson, P.A. Direct: 612.359.7678 1 Firm: 612.359.7600 1 Fax: 612.359.7602 333 South Seventh Street, Suite 2600 Minneapolis, Minnesota 55402 klongren(o)fwhtlaw.com fwhtlaw.com vCard From: Melanie Curtis <MCurtis(a@ci.orono.mn.us> Sent: Monday, August 26, 2019 2:09 PM To: Kenzie M. Longren <KLongren@fwhtlaw.com> Subject: RE: Documents for recording: LA19-000046 Hi, just circling back on this. I don't recall receiving the recorded docs yet, but I was out so I could have buried an email or two... Melanie Curtis W952.249.4627 ®mcurtis(d)ci.orono.mn.us All permitting is now done through our new online portal - LINK. From: Kenzie M. Longren [mailto:KLongren@fwhtlaw.com] Sent: Thursday, July 25, 2019 3:35 PM To: Melanie Curtis Subject: RE: Documents for recording: LA19-000046 Thanks, Melanie. I'll get Scott's signatures on the deeds and the new D&U easement then coordinate recording. Once I have everything back, I'll send you recorded copies. Kenzie Longren Attorney at Law Fabyanske, Westra, Hart & Thomson, P.A. Direct: 612.359.7678 1 Firm: 612.359.7600 1 Fax: 612.359.7602 333 South Seventh Street, Suite 2600 Minneapolis, Minnesota 55402 klongren _fwhtlaw.com fwhtlaw.com vCard From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Thursday, July 25, 2019 3:23 PM To: Kenzie M. Longren <KLongren@fwhtlaw.com> Subject: RE: Documents for recording: LA19-000046 Thank you. I reviewed this with Jean Olson and it looks good. Please provide copies of the recorded deeds with the other information. Thank you!!!! Melanie Curtis 2952.249.4627 ®mcurtis0)d.orono.mn.us All permitting is now done through our new online portal - LINK. From: Kenzie M. Longren [mailto:KLongren@fwhtlaw.comj Sent: Thursday, July 25, 2019 10:27 AM To: Melanie Curtis Subject: RE: Documents for recording: LA19-000046 Melanie, I got your package of originals. We plan to record the attached two deeds. The first conveys all of new Parcel 1 to OCBR 2, LLC, and the second conveys all of new Parcel 2 to OCBR 1, LLC. OCBR 1, LLC already owns all the land underlying new Parcel 3, so we weren't planning on recording a deed for that. This approach has been approved by our title company, but let me know if you have any questions. Thanks, Kenzie Longren Attorney at Law Fabyanske, Westra, Hart & Thomson, P.A. Direct: 612.359.7678 1 Firm: 612.359.7600 1 Fax: 612.359.7602 333 South Seventh Street, Suite 2600 Minneapolis, Minnesota 55402 kion rq en(a)-fwhtlaw.com fwhtlaw.com vCard From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Thursday, July 25, 2019 7:48 AM To: Kenzie M. Longren <KLongren@fwhtlaw.com> Sunject: RE: Documents for recording: LA19-000046 Kenzie Good morning. Please see the attached, amended letter. In the process of trying to include all of the additional easements etc for this project, I omitted an important step. In conjunction with recording the City's Certification of Subdivision Exception authorizing the change in the property boundaries please record new deeds for each of the 3 properties reflecting the new boundaries. The two pieces together will realize the change in the boundaries for Hennepin County. I apologize for leaving this step out of the letter. I couldn't recall if it was discussed earlier on in this process. If you have questions please give me a call. Melanie Melanie Curtis 2952.249.4627 ®mcurtis(aDci.orono.mn.us All permitting is now done through our new online portal - LINK. From: Melanie Curtis Sent: Wednesday, July 24, 2019 10:48 AM To:'Kenzie M. Longren';'Mark Gronberg' Cc: 'Scott richardson'; 'Charlie Simmons'; 'Anthon Ellis'; 'Charles G. Carpenter III'; 'John Kraemer' Subject: Documents for recording: LA19-000046 Kenzie Please see the attached. The packet will be sent out in today's mail. Thank you! Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis(a)ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK. Summer Hours: Monday through Thursday 7:30a -5:00p & Fridays 7:30a -11:30a Doc No A10721496 Certified, filed and/or recorded on Nov 6, 201910:45 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1901702C Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CERTIFICATE OF EXEMPTION FROM SUBDIVISION REGULATIONS PER CITY CODE SECTION 82-200 State of Minnesota City of Orono Case No. ttLA19-000046 The undersigned Community Development Director for the City of Orono certifies as follows: According to City Code Section 82-200, the land subdivision as described in Exhibits A and B, and depicted in Exhibit C are excepted from the subdivision requirements outlined within Orono Municipal Code Chapter 82, Article III, Divisions 1 through 4 because it: Is an adjustment of a lot line by the relocation of a common boundary [Cite Sec. 82-20 a)(4)j. J"(y it, ZO(I <�2� Date Jeremy B hart Community Development Director City of Orono State of Minnesota County of Hennepin The foregoing certificate was acknowledged before me by Jeremy Barnhart, the Community Development Director of the City of Orono this 111h day of July, 2019. Notary Public This instrument was drafted by: City of Orono 2750 Kelley Parkway Orono, Minnesota, 55356 My commission expires: 3 'DW pR'r. ANDREA LEE HENTGES NOTARY PUBLIC - MINNESOTA �,, '4., My Commission Expires Jan. 31.2023 , #LA19-000046 Exhibit A Page 2 of 5 Existing Legal Descriptions: Lot 3, Block 1, LITTLE ORCHARD; Parcel 1: That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence North 52 degrees 03 minutes 14 seconds West, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, 105.35 feet; thence South 19 degrees 49 minutes 29 seconds West, 596.73 feet; thence South 4 degrees 00 minutes 18 seconds West, 145 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of beginning, said last described course being hereinafter referred to and designated as Line X; thence North along Line X to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of beginning; thence North 12 degrees 54 minutes 40 seconds East, 766.76 feet to the point of beginning, said last described course being designated as "Line Y". For the purposes of the foregoing description: a) The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. b) The point of beginning is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and c) Line X and Line Y are the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters. Parcel 2: That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence North 52 degrees 03 minutes 14 seconds West, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, 105.35 feet; thence South 19 degrees 49 minutes 29 seconds West, 596.73 feet to the point of beginning; thence North 19 degrees 49 minutes 29 seconds East, 596.73 feet; thence South 81 degrees 57 minutes 55 seconds West 210.89 feet; thence South 26 degrees 48 minutes 53 seconds West, 556 feet more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the said shoreline to an intersection with a line bearing South 4 degrees 00 minutes 18 seconds West, from the actual point of beginning; thence North 4 degrees 00 minutes 18 seconds East to the actual point of beginning. RA19-000046 Exhibit B Page 3 of 5 Proposed Legal Descriptions: Parcel 1: That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 235.91 feet to the point of beginning of the parcel being described; thence North 7 degrees 30 minutes 30 seconds East, 235.91 feet; thence North 78 degrees 04 minutes 18 seconds East, 95.89 feet; thence North 52 degrees 03 minutes 14 seconds West, and along a southerly lot line of Lot 2, Block 1, TOPSIDE, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, and along a southerly lot line of Lot 2, Block 1, TOPSIDE, 316.24 feet; thence South 26 degrees 48 minutes 53 seconds West, and along an easterly line of Lot 2, Block 1, TOPSIDE, 556 feet more or less to the shore of Maxwell' s Bay, Lake Minnetonka; thence Southeasterly along the said shoreline to an intersection with a line bearing South 37 degrees 22 minutes 34 seconds West, from the point of beginning; thence North 37 degrees 22 minutes 34 seconds East to the point of beginning. For the purposes of this description the East line of said Government Lot 7 is assumed to be a due North and South line. Parcel 2: Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37 degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of commencement, said last described course being hereinafter referred to and designated as "Line X'; thence North along "Line X" to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if extended would go to the point of commencement, said last described line being designated as "Line Y", a distance of 371.76 feet to the Southwest corner of said Lot 3; thence easterly along the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53 seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West a distance of 171.70 feet to the point of beginning. For the purposes of the foregoing description The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. The point of commencement is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters, and are now a part of the West line of the plat of LITTLE ORCHARD. Parcel 3: Those parts of Lot 3, Block 1, LITTLE ORCHARD and of Government Lot 7, Section 9, Township 117, Range 23 West of the 5th Principal Meridian, which lie easterly of the following described line and if s southerly extension; Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7 and also being the Northwest corner of said Lot 3; thence South 78 degrees 04 minutes 18 seconds West (assuming the East line of said Government Lot 7 is a due North and South line) a distance of 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West a distance of 135.11 feet; thence South 50 degrees 48 minutes 01 seconds East a distance of 171.70 feet; thence South 5 degrees 19 minutes 53 seconds West a distance of 134.99 feet to a point on the South line of said Lot 3 distant 98.00 feet East, as measured along said South line, from the Southwest corner of said Lot 3, and said line there ending. #LA19-000046 Exhibit C ® Page:) OT!) 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LAND PLMOK LAPD ?UWN q ..._.! .."^ - :• . _� ...._. _. _ ____� Y.tl' AL aah Yat. .11 .4 -Am; taq. w »JY. C.V. filed C.V. not req._X,_,. No delinquent taxes Transfer Entered Nov 6, 2019 10:45 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 09-117-23-21-0015 I�IIII�IIIIIIItlIIIIIIIIII�II�II�IINNII Doc No A10721498 Certified, filed and/or recorded on Nov 6, 201910:45 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Conservation Fee Document Recording Fee Environmental Response Fund (SDT .0001) Pkg ID 1901702C $5.00 $46.00 $0.05 State Deed Tax (.0033 rate) $1.65 Document Total $52.70 This cover sheet is now a permanent part of the recorded document. QUIT CLAIMDEED eCRV: not required State Deed Tax Due Hereon: $1.70 Date: &c& 27i , 2019 FOR VALUABLE CONSIDERATION, OCBR 2, LLC, a Minnesota limited liability company ("Grantor"), hereby conveys and quit claims to OCBR 1, LLC, a Minnesota limited liability company ("Grantee"), real property in Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto, together with all hereditaments and appurtenances belonging thereto. The consideration for this transfer is less than $500.00. [signalure pageJ611omv] 086664\001\5277547,v I OCBR 2, LLC, a Minnesota lin liability company )tt Richardson Manager STATE OF MINNESOTA COUNTY OF HENNEPIN A The foregoing instrument was acknowledged before me this -Z- = day of 5 Y 2419, by Scott Richardson, the Manager of OCBR 2, LLC, a Minnesota limite liability company, on behalf of the company. s -fyQ KRISANNE KIMBERLY STAEHLE Notary Public State of Minnesota My Commission Expires January 31, 2023 Notary Public THIS INSTRUMENT WAS DRAFTED BY: Fabyanske, Westra, Hart & Thomson, P.A. 333 South Seventh Street, Suite 2600 Minneapolis, Minnesota 55402 (612) 359-7600 Tax Statements for Property should be sent to Grantee at: OCBR 1, LLC 4567 American Boulevard West Bloomington, MN 55437 Attn: Rita Schepers EXHIBIT A TO QUIT CLAIM DEED Legal Description Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37 degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of commencement, said last described course being hereinafter referred to and designated as "Line X"; thence North along "Line X" to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if extended would go to the point of commencement, said last described line being designated as "Line Y", a distance of 371.76 feet to the Southwest corner of said Lot 3; thence easterly along the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53 seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West a distance of 171.70 feet to the point of beginning. For the purposes of the foregoing description (a) The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. (b) The point of commencement is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and (c) Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters, and are now a part of the West line of the plat of LITTLE ORCHARD. r r ' No delinquent taxes Transfer Entered Nov 6, 2019 10:45 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer Deputy 26 Doc No A10721600 Certified, filed and/or recorded on Nov 6, 201910:45 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Document Recording Fee Document Total PID(s) 09-117-23-21-0009, 09-117-23-21-0015 This cover sheet is now a permanent part of the recorded document. Pkg ID 1901702C $46.00 (Reserved for recording) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES OCBR 1, LLC, a Minnesota limited liability company ("Grantor"), in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, on, across, under and through the land situated in the County of Hennepin, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B" (the "Easement Property"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The above-named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the Easement Property; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and it will indemnify and hold the City harmless for any breach of the foregoing covenants. 5301309.x2 IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 407 AGI day of, 2019. GRANTOR: OCBR1,LLC B Y 5 -.+77y-- R,, IZ(-LwArdr— (printname) Its .4224 r., QCT- < [title) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this � day of lA , 2019, by Scale -a- Q jc&jr -r , the VCLVa C&SA A!f of OCBR I, LLQ a Minnesota limited liability company, on be alf ofthe entity. 0KRISANNE KIMBERLY STAEHLE Notary Public Notary Public State of Minnesota My Commission Expires January 31, 2023 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM 5301309.v2 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT Leeal description of nronertv: Those parts of Lot 3, Block 1, LITTLE ORCHARD and of Government Lot 7, Section 9, Township 117, Range 23 West of the 5th Principal Meridian, which lie easterly of the following described line and it' s southerly extension; Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7 and also being the Northwest corner of said Lot 3; thence South 78 degrees 04 minutes 18 seconds West (assuming the East line of said Government Lot 7 is a due North and South line) a distance of 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West a distance of 135.11 feet; thence South 50 degrees 48 minutes 01 seconds East a distance of 171.70 feet; thence South 5 degrees 19 minutes 53 seconds West a distance of 134.99 feet to a point on the South line of said Lot 3 distant 98.00 feet East, as measured along said South line, from the Southwest comer of said Lot 3, and said line there ending. Leeal description of easement area: A permanent easement for public drainage and utility purposes over, on, across, under and through the northerly and westerly 10.00 feet of the following described property: Those parts of Lot 3, Block 1, Little Orchard and of Government Lot 7, Section 9, Township 117, Range 23 West of the 5th Principal Meridian, which lie easterly of the following described line and it's southerly extension; Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7 and also being the Northwest comer of said Lot 3; thence South 78 degrees 04 minutes 18 seconds West (assuming the East line of said Government Lot 7 is a due North and South line) a distance of 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West a distance of 135.11 feet; thence South 50 degrees 48 minutes 01 seconds East a distance of 171.70 feet; thence South 5 degrees 19 minutes 53 seconds West a distance of 134.99 feet to a point on the South line of said Lot 3 distant 98.00 feet East, as measured along said South line, from the Southwest corner of said Lot 3, and said line there ending. Except over, under and across the northerly 10.00 foot wide existing drainage and utility easement on said Lot 3. [Abstract] 5301309.0 . f Exhibit "B" To Grant of Permanent Easement O pq yj Do W O Easement Property Rid 17 / (/ �—l' ((a�'��/ i � y P 'l' ' !'� f `\ ',\ •``. `tom �`�\\` ,' •`\ � a w� �-.: + "'tom ,. �.� ,�\ \��, . ' -�,,,; •, r�. .` \�.., R�7 .I � eft •r>•• ` ,r'/'t 1'L\moi.. +1 . \_.:-..�,_ •�•�->1 �— \ \,.,��1 1 iyy � _ 1 1 \ _ 1 �I--- • t 1 ESi j _? Y �. 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PROJECT u7F� OCIATES INC=YOa1 LANG PUNNEN!_Ak..f/..1�L,.Gr. ua: �uu, uy are_ s w 4 C.V. filed C.V. not req._X No delinquent taxes Transfer Entered Nov 6, 2019 10:45 AM Doc No A10721497 Certified, filed and/or recorded on Nov 6, 201910:45 AM Hennepin County, Minnesota Office of the County Recorder Mark Chapin County Auditor and Treasurer Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1901702C PID(s) 09-117-23-21-0016 Conservation Fee $5.00 Document Recording Fee $46.00 Environmental Response Fund (SDT .0001) $0.05 State Deed Tax (.0033 rate) $1.65 Document Total This cover sheet is now a permanent part of the recorded document. $52.70 QUITCLAIM DEED eCRV: not required State Deed Tax Due Hereon: $1.70 Date: 27i , 2019 FOR VALUABLE CONSIDERATION, OCBR 1, LLC, a Minnesota limited liability company ("Grantor"), hereby conveys and quit claims to OCBR 2, LLC, a Minnesota limited liability company ("Grantee"), real property in Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto, together with all hereditaments and appurtenances belonging thereto. The consideration for this transfer is less than $500.00. [signalcure page.Jolloi s] 036664\001\5277,111.0 OCBR 1, LLC, a Minnesota limited liability company By: ott Richardson Its Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) r� The foregoing instrument was acknowledged before me this Z11—day of k5�� 2019, by Scott Richardson, the Manager of OCBR 1, LLC, a Minnesota limited Vability company, on behalf of the company. 4'"Ly KRISANNE KIMBERLY STAEHLE a Notary Public State of Minnesota My Commission Expires January 31, 2023 Nota y Public THIS INSTRUMENT WAS DRAFTED BY: Fabyanske, Westra, Hart & Thomson, P.A. 333 South Seventh Street, Suite 2600 Minneapolis, Minnesota 55402 (612)359-7600 Tax Statements for Property should be sent to Grantee at: OCBR 2, LLC 4567 American Boulevard West Bloomington, MN 55437 \ Attn: Rita Schepers EXHIBIT A TO QUIT CLAIM DEED Legal Description That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 235.91 feet to the point of beginning of the parcel being described; thence North 7 degrees 30 minutes 30 seconds East, 235.91 feet; thence North 78 degrees 04 minutes 18 seconds East, 95.89 feet; thence North 52 degrees 03 minutes 14 seconds West, and along a southerly lot line of Lot 2, Block 1, TOPSIDE, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, and along a southerly lot line of Lot 2, Block 1, TOPSIDE, 316.24 feet; thence South 26 degrees 48 minutes 53 seconds West, and along an easterly line of Lot 2, Block 1, TOPSIDE, 556 feet more or less to the shore of Maxwell' s Bay, Lake Minnetonka; thence Southeasterly along the said shoreline to an intersection with a line bearing South 37 degrees 22 minutes 34 seconds West, from the point of beginning; thence North 37 degrees 22 minutes 34 seconds East to the point of beginning. For the purposes of this description the East line of said Government Lot 7 is assumed to be a due North and South line. Doc No A10721499 Certified, filed and/or recorded on Nov 6, 201910:45 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1901702C Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITE' OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7004 A RESOLUTION VACATING A PORTION OF THE PERIMETER DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT OF LITTLE ORCHARD, HENNEPIN COUNTY, MINNESOTA FILE NO. LA19-000046 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on June 17, 2019, John Kraemer, (hereinafter the "Applicant"), applied for vacation of a portion of the perimeter drainage and utility easement within Lot 3, Block 1, Little Orchard, legally described as follows, and depicted in Exhibit A: The existing 10.00 foot wide drainage and utility easement along the west line of Lot 3, Block 1, Little Orchard which lies south of the north 10.00 feet of said Lot 3 and north of the south 5.00 feet of said Lot 3, Hennepin County, Minnesota (hereinafter the "Easement"); WHEREAS, on July 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on July 15, 20I9, the Planning Commission voted 6 in favor of and 0 against a motion to recommend approval of the requested vacation; and WHEREAS, on July 22, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff, and WHEREAS, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The Easement will be orphaned following the upcoming subdivision exception whereby the common boundary between 855 Old Crystal Bay Road South and 2885 Little Orchard Way is to be relocated. Page 1 of 3 CITY OF OR.ONO RESOLUTION OF THE CITY COUNCIL NO. 7004 2. The Easement is to be situated within the building area of 2885 Little Orchard once the boundary line adjustment tis finalized, and is proposed to be replaced. 3. There are no drainage or utility improvements within the Easement. 4. The City Council Ends that the Easement has no apparent present or future benefit to the public. The City Council finds that: a. The vacation does not affect access to or use of any adjoining property. b. The City does not intend to develop, improve, or use the Easement. c. A new drainage and utility easement in favor of the City was dedicated on the new boundary of Lot 3, Block 1, Little Orchard once the boundary line adjustment between said property and 855 Orono Orchard Road South is completed. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the drainage and utility easement area as described above is hereby granted by the City Council of the City of Orono on this 22nd day of July, 2019. ATTEST: dz��X_ Anna Carlson, City Clerk Dennis Walsh, Mayor Page 2 of 3 10 Exhibit A iii : > #LA19-000046 IN }' a/J �.( •'r,' / `\ . nom' \:\': tj Cod Elm � ���,� J l f:Q.�/ `'`s,"��' �` ,'�;,•�'�-\�`�'�:,.. '',., � 1' .., °, as s.oa'oi•:r t .( r i 1.\ ' i \ a\L �..:,,.�, ',• r r \)i \. , . �t,'h� :`�. 11 ill 4' " Yc Ytl I1 st; �11py+y�fi 3.�44fj fir if A■ wrO �l Gi( ir"����!'`. ' �i' -(' J.✓/� %,x%C qpi s/.�iM` b' ' II �i 7 �� faitt�f!€pt !Ft �tijits i nxec,�• :y� VA 1� i yy� . /. tk r t-21 }t'.,` �Y47s p 6 de'iyiP �ot;,"is}k\ i bI'�, i ;ti"1fff r �I pipi""tt c�a syd sa\ i- ■_. ,`�- % Ir if $ Bat F 1(yslit/A� i • "3 ` 7 . jr ; i .� f. 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TirYw.l..� u..Li..It ' r rr c ws v..•.. ..•:. w+: .tv:. .. Page 3 of 3 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on July 22, 2019 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 23rd day of July, 2019. Anna Carlson, City Clerk (seal) No delinquent taxes Transfer Entered Nov 6, 201910:45 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 09-117-23-21-0015 Doe No Al 0721501 Certified, filed and/or recorded on Nov 6, 2019 10:45 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1901702C $46.00 $46.00 DRIVEWAY EASEMENT DECLARATION THIS DRIVEWAY EASEMENT DECLARATION is made as of the ay of AAUSf 2019, by OCBR 1, LLC, a Minnesota limited liability company ("Declarant"). RECITALS: WHEREAS, Declarant is the fee owner of certain real property legally described on Exhibit A attached hereto (the "Burdened Property"); WHEREAS, Declarant is also the fee owner of certain real property legally described on Exhibit B attached hereto (the "Benefitted Property"); WHEREAS, the Declarant desires to create a perpetual covenant and easement for driveway purposes, for the benefit of the Benefitted Property, over that portion of the Burdened Property that is legally described on Exhibit C attached hereto (the "Easement Area"). NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and state as follows: 1. Grant of Easements. For the benefit of all current and future fee owner of the Benefitted Property, and their respective tenants, agents, contractors, mortgagees and invitees, Declarant hereby grants, conveys and declares a perpetual nonexclusive easement over and across the Easement Area solely for the following purposes: (a) the construction, maintenance, repair, replacement and use of a driveway for vehicular and pedestrian access and improvements ancillary thereto, including, without limitation, a mailbox, and (b) the installation, maintenance, repair, replacement and use of underground utilities. 2. Maintenance and Repair. The fee owner of the Benefitted Property shall, at its sole cost, be responsible for the construction, maintenance, repair and replacement of the improvements it installs in the Easement Area. The fee owner of the Benefitted Property shall promptly observe and comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over the use conducted by the owner of the Benefitted Property within the Easement Area. 3. Liens. The lee owner of the Benefitted Property shall at all times keep the Burdened Property free and clear from all liens and encumbrances created by or through the fee owner of the Benefitted Property, including, without limitation, any liens or other claims asserted by any contractor supplying labor or materials to the Pee owner of the Benefitted Property, and the fee owner of the Benefitted Property shall defend, indemnify and save the fee owner of the Burdened Property harmless from and against all loss, attorneys' fees and other costs and expenses incurred or expended in connection with any such lien or encumbrance, or the prosecution or defense of any suit, action or proceeding relating to the same. If a lien as herein described is filed against the Burdened Property, the fee owner of the Benefitted Property shall, 086664\001\5232845.0 within ten (10) days of the delivery of a written request by the owner of the Burdened Property to the owner of the Benefitted Property, post a bond or other security adequate to release the Burdened Property from the attachment of the lien. 4. Taxes and Assessments, Compliance with Encumbrances. The fee owner of the Burdened Property shall, at its sole cost, pay, prior to the due date therefor, (a) all real estate taxes and special assessments of any nature assessed against the Burdened Property and (b) all assessments levied against Lot 3, Block 1, Little Orchard pursuant to that certain Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard) dated July 1, 1998, recorded July 30, 1998 as Document Number 6939561 (as may be amended from time to time, the "Little Orchard Declaration"). Subject to the foregoing, the fee owner of the Burdened Property shall at all times comply with the terms and provisions of all covenants, conditions, restrictions, easements and declarations of record affecting the Burdened Property, including, without limitation, the terms and provisions of the Little Orchard Declaration. 5. Miscellaneous. The benefits and burdens of the easement and covenants contemplated herein shall be perpetual and run with title to, and shall inure to the benefit of the Benefitted Property, and shall run with title to, and be binding upon the present and future owners of, the Burdened Property, and shall be subject to that portion of any perimeter drainage and utility easement that is dedicated in the recorded plat of Little Orchard. This Agreement shall be interpreted in accordance with Minnesota law. Common ownership of the Benefited Property and the Burdened Property, or any portions thereof, shall not cause this Declaration to be extinguished in whole or in part by operation of merger. [signature pages follow] This DRIVEWAY EASEMENT DECLARATION is executed and delivered as of the date first here written. OCBR 1, LLC, a Minnesota limited liability company By: cott Richardson Its /11AN0c--EI-. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this I -t day of -e , 2019, by Scott Richardson, the mAt-n<rtt- of OCBR 1, LLC, a Minnesota limited liability company, on behalf of the company. ��a )�� Notary Public KRISANNE KIMBERLY STAEHLE 7 a Notary Public State of Minnesota My Commission Expires January 31. 2023 This instrument was drafted by: Fabyanske, Westra, Hart & Thomson, P.A. 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 (612) 359-7600 [Signature Page to Driveway Easement Agreement] ASSOCIATION CONSENT Little Orchard Homeowners Association, Inc., a Minnesota non-profit corporation (the "Association"), is the Association described in that certain Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard) dated July 1, 1998, recorded July 30, 1998 as Document Number 6939561 (the "Little Orchard Declaration"). Pursuant to Section 5(0) of the Little Orchard Declaration, the Association hereby consents to the easement granted in the foregoing Driveway Easement Declaration, and the Association agrees that any lien rights of the Association granted in the Little Orchard Declaration shall be subject and subordinate to the easements and covenants in the foregoing Driveway Easement Declaration. Pursuant to Section 6(N) of the Little Orchard Declaration, the Association hereby approves of the division of the land legally described as Lot 3, Block 1, Little Orchard, into the parcels legally described on Exhibit A and Exhibit B attached hereto. Notwithstanding any provision of said Section 6(N) to the contrary, the boundary lines of the Burdened Property and the Benefited Property as described on Exhibit A and Exhibit B are hereby approved by the Association. Dated as of this I I day of 1,,,z , 2019. LITTLE ORCHARD HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation By: William Langton Its Secretary STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this X774day of 2019, by William Langton, the Secretary of Little Orchard Homeowners Association, Inc., a Minnesota non-profit corporation, on behalf of the coWgation. Notary Public TROY A MAGSAJ`1 NOTARY PUBLIC „ s MINNESOTA My CarvtiWOn ExOm Jan 31.2= [Signature Page to Driveway Easement Agreement] Exhibit A Legal Description of Burdened Property Those parts of Lot 3, Block 1, LITTLE ORCHARD and of Government Lot 7, Section 9, Township 117, Range 23 West of the 5th Principal Meridian, which lie easterly of the following described line and it' s southerly extension; Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7 and also being the Northwest corner of said Lot 3; thence South 78 degrees 04 minutes 18 seconds West (assuming the East line of said Government Lot 7 is a due North and South line) a distance of 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West a distance of 135.11 feet; thence South 50 degrees 48 minutes 01 seconds East a distance of 171.70 feet; thence South 5 degrees 19 minutes 53 seconds West a distance of 134.99 feet to a point on the South line of said Lot 3 distant 98.00 feet East, as measured along said South line, from the Southwest corner of said Lot 3, and said line there ending. Together with access and utility easements over Outlot A, Little Orchard, pursuant to the Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard) dated July 1, 1998, filed July 30, 1998, as Document No. 6939561; as amended by Amendment to Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard), dated December 1, 1998, fled December 16, 1998, as Document No. 7021464. Exhibit B Legal Description of Benefitted Property Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37 degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of commencement, said last described course being hereinafter referred to and designated as "Line X"; thence North along "Line X" to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if extended would go to the point of commencement, said last described line being designated as "Line Y", a distance of 371.76 feet to the Southwest corner of said Lot 3; thence easterly along the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53 seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West a distance of 171.70 feet to the point of beginning. For the purposes of the foregoing description (a) The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. (b) The point of commencement is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and (c) Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters, and are now a part of the West line of the plat of LITTLE ORCHARD. Together with access and utility easements over Outlot A, Little Orchard, pursuant to the Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard) dated July 1, 1998, filed July 30, 1998, as Document No. 6939561; as amended by Amendment to Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard), dated December 1, 1998, filed December 16, 1998, as Document No. 7021464. Exhibit C Legal Description of Easement Area An easement for ingress and egress over, under and across that part of Lot 3, Block 1, Little Orchard, described as follows: Commencing at the southwest corner of said Lot 3; thence on an assumed bearing of South 83 degrees 08 minutes 54 seconds East along the south line of said Lot 3 a distance of 98.00 feet to the point of beginning of the easement being described; thence North 5 degrees 19 minutes 53 seconds East a distance of 64.48 feet; thence South 83 degrees 06 minutes 31 seconds East a distance of 62.36 feet; thence South 33 degrees 31 minutes 57 seconds East a distance of 26.43 feet to the southeasterly line of said Lot 3; thence southwesterly along said southeasterly line and the right-of-way of Little Orchard Way to the most southerly corner of said Lot 3; thence westerly along the south line of said Lot 3 to the point of beginning.