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HomeMy WebLinkAboutDeclaration of Easement for Lake Access and use DECLARATION OF EASEMENT FOR LAKE ACCESS AND USE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, The Farm at Long Lake, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole partners (herein "the partnership") , is the fee owner of real estate located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Lot 16, Block 1, THE FARM AT LONG LAKE, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota; (herein "said lot") ; WHEREAS, the partnership intends to divide said lot into three parcels, called Parcel A, Parcel B and Parcel C; WHEREAS, the legal description to Parcel A is: The north 104.72 feet of Lot 16, Block 1, THE FARM AT LONG LAKE, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota; (herein "Parcel A") ; WHEREAS, the legal description to Parcel B is: That part of Lot 16, Block 1, THE FARM AT LONG LAKE, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, I Minnesota, lying southerly of the north 104.72 feet and northerly of the following described line: Commencing at the southwest corner of said Lot 16, thence North 2 degrees 12 minutes 03 seconds East, assumed bearing, along the west line of said Lot 16, 101.24 feet to the point of beginning; thence South 87 degrees 47 minutes 57 seconds East, 277.16 feet; thence North 84 degrees 53 minutes 26 seconds East, 434.32 feet to a point on the northeasterly line of said Lot 16, distant 355.57 feet southeasterly of the northeast corner of said Lot 16 and there terminating. (herein "Parcel B") ; WHEREAS, the legal description to Parcel C is: That part of Lot 16, Block 1, THE FARM AT LONG LAKE, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Southerly of the following described line: Commencing at the southwest corner of said Lot 16, r thence North 2 degrees 12 minutes 03 seconds East, assumed bearing, along the West line of said Lot 16, 101.24 feet to the point of beginning; thence South 87 degrees 47 minutes 57 seconds East, 277.16 feet; thence North 84 degrees 53 minutes 26 seconds East, 434.32 feet to a point on the northeasterly line of said Lot 16, distant 355.57 feet southeasterly of the northeast corner of said Lot 16, and there terminating. (herein "Parcel C" ) ; WHEREAS, the partnership is the owner in fee of Lot 17, Block 1, THE FARM AT LONG LAKE; WHEREAS, Timothy Adams and Mary S. Adams, husband and wife, as joint tenants, are the owners in fee of Lot 15, Block 11 THE FARM AT LONG LAKE (herein collectively "the Adams") ; WHEREAS, Victor N. Stein and Dorothy E. Stein, husband and wife, as joint tenants, are the owners in fee of Tract G, 600 IV C� �1�94, -2- Registered Land Survey 1275 (herein collectively "the Steins" ) ; WHEREAS, the partnership, upon the conclusion of the ' aforesaid lot division of Lot 16, intends to combine Parcel A thereof with Lot 17, Block 1, THE FARM AT LONG LAKE; WHEREAS, the partnership, upon the conclusion of the aforesaid lot division of Lot 16, intends to sell and convey Parcel B thereof to the Adams to be combined with Lot 15, Block 1, THE FARM AT LONG LAKE; WHEREAS, the partnership, upon the conclusion of the aforesaid lot division of Lot 16, intends to sell and convey Parcel C thereof to the Steins to be combined with Tract G, Registered Land Survey 1275; and WHEREAS, before the conveyances of Parcel A, Parcel B and Parcel C described in the preceding three paragraphs, the partnership desires to create an easement for lake access and lake use; NOW, THEREFORE, in addition to the easements of record over and across, and burdening and benefiting Lot 16, Block 1, THE FARM AT LONG LAKE, the partnership does, by this declaration, for itself, its successors and assigns, hereby declare and create an exclusive easement for lake access and lake use over and across Parcel A, Parcel B and Parcel C (i .e. all of Lot 16, Block 1, THE FARM AT LONG LAKE) , for the mutual benefit, in common, of the owners from time to time of Parcel A, Parcel B, and Parcel C, but for the benefit of no other parties; subject to and conditioned I -3- ' upon the following additional terms and conditions: 1. The owners of Parcel A, Parcel B, and Parcel C shall ' each have the right to use that certain 10 foot strip of lakeshore over and across said Parcel C described below, as agreed by them by majority vote as described herein, for swimming, boating and other appropriate lake uses, and to construct, repair, maintain and replace on said 10 foot strip, a dock of not more than 6 feet in width; provided, however, that said 10 foot strip may be used only by said owners, members of their households and social guests of said owners and members of their households. The 10 foot strip described in this paragraph is that certain 10 foot strip described in and excepted from, that certain flowage and conservation easement of The Farm at Long Lake dated April 17, 1978, and recorded as Document No. 1273794, in the office of the Hennepin County Recorder. 2. Each of the owners of Parcel A, Parcel B, and Parcel C shall have right of access to said 10 foot strip, over and across Parcels A, B and C for purposes using said 10 foot strip for swimming, boating, and other appropriate lake uses, and for purposes of constructing, maintaining and using said dock, and launching and removing boats therefrom. 3. No dock or other improvement on said 10 foot strip ' shall be constructed except by the decision of the owners of at least two of the three parcels (Parcels A, B and C) . The owners of the third parcel agree to be bound by the decision of the I i -4- i i owners of the other two parcels. 4. All costs in repairing and maintaining said dock and/or other improvements on said 10 foot strip, and any taxes and special assessments levied on said 10 foot strip shall be borne equally by the then owners of Parcels A, B and C. Provided i nevertheless, that in the event that the owners of a parcel do not pay the parcel's share of said costs promptly when billed therefor, the owners of said parcel, members of their household and their social guests shall have no right to use said 10 foot strip and/or any improvements constructed thereon unless and until all costs described under this paragraph shall have been paid in full together with interest thereon from the date said bill was rendered, at the maximum annual rate then permitted by law. 5. The owners of the parcels benefited hereby, or any of them, may enforce the conditions of this declaration of easement by injunction. 6. Parcel A, Parcel B, and Parcel C are hereby declared to i be benefited by and burdened with this easement and the conditions thereof herein contained. This declaration and the covenants contained herein shall run with said Parcels A, B, and C, and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective owners thereof. IN WITNESS WHEREOF, THE FARM AT LONG LAKE has executed this -5- r + � r ,t instrument this day of �, 1985. THE FARM AT LONG LAKE, A Minnesota Gee al Partnersh' , i By hn M. Hartwel BY Timothy Adams [Sole General Partners] STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) i On this day of 1985, before me, a Notary Public within and for said Con , personally appeared JOHN M. HARTWELL AND TIMOTHY ADAMS, to me personally known to be the persons described in and who executed the foregoing instrument as the Sole General Partners of The Farm at Long Lake, a Minnesota General Partnership, and each acknowledged that he executed the same as the free act and deed of the partnership. MARJORIE L.VKKERY, Notary Pu lic HENNEPIN COUNTY • "01Ai1 FU2tiC—JAP445WX MY cotmmission oxogs Aug. 18, 1907 THIS INSTRUMENT WAS DRAFTED 81 No delinquent taxes and transfer entered DEPARTMENT OF PROPERTY TAXATION (name and addressss) HENNEPIN COUNTY MINAI 71985 � �. X174 OF Rn IAM ' 8Y This itotik4te outs ROl rotor to nye►ter the DEPUTY which whichmey of mey not to Ma, v -6- i AEG:'l-" rug I)MVE OF THE REGISTRA(2 / / OF TITLES IWINEPIN COUNTY.MINNESOTA CERTIFIED FILED ON ,JAN 71985 R'GIS F TITLES IrAz ,,,,,DEPUTY Doc No 4468503 02/08/2008 03:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H.Cunniff,Registrar of Titles TranslD 373167 Deputy 45 New cert Cert Fees 615741 $1.50 AF 642673 $10.50 STATEFEE 659544 $384.00 TDOCFEE 660725 $0.00 TSUR 670876 $396.00 Total 698870 ' 713596 738580 I 746915 j 751463 789476 826460 833731 1128265 1131632 1141225 i 1177686 1183126 1191392 1191392.5 ' 1195270 1200528 1206938 1208946 ! 1217428 I I i I ` I FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS,AND EASEMENTS This Amendment is entered into as of this 1 st day of August,2006,by and between the undersigned,constituting owners of at least two-thirds of the lots subject to the Declaration of Covenants,Conditions, Restrictions,and Easements(the"Declaration") which Declaration was fled with the Hennepin County Registrar of Titles as Document No. 1273793 on May 22, 1978. The property subject to the Declaration has a legal description of f Lots 1 through 24, Block 1,The Farm at Long Lake, Hennepin County, Minnesota according to the recorded plat thereof. The Declaration created a pasture easement and pedestrian easements. Since the pasture easement was established in Article II, Section 3 of the Declaration, it has not been used for pasture purposes. The pedestrian easements established in Article II, Section 2,Subsections C through F of the Declaration have not been uniformly maintained,are used very infrequently, and present liability to the owners of the land through which these pedestrian easements pass. The Declaration should reflect the current circumstances and the nature of the development of the land in the twenty-eight years since its writing. Article VIII, Section 1 requires that changes to the Declaration be made through an instrument signed by the owners of at least two-thirds of the lots. The Farm at Long Lake includes twenty-four lots. Therefore,signatures by the owners of sixteen of the lots constitutes the two-thirds requirement. Owners of at least sixteen of the lots have signed and agree to make the changes set forth below. Accordingly, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Declaration is hereby amended as follows: I. Article II, Section 2, Subsections C through F, which created certain pedestrian easements, are hereby deleted in their entirety and such pedestrian easements are hereby terminated. I 2. Article II,Section 3,which created a pasture easement, is hereby deleted in its entirety and such pasture easement is hereby terminated. APPROVED FOR FILING W47.4 fiN � f 3. In all other respects,the Declaration,as amended herein, is ratified and confirmed. [Signature pages follow] THIS INSTRUMENT WAS DRAFTED BY: Faegre&Benson LLP (TMC) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 766-7000 M 1:1338666.09 -2- , T Signature Page to First Amendment to Declaration of Covenants,Conditions,Restrictions,and Easements for The Farm at Long Lake The undersigned,owners of Lot 1, Block 1,The Farm at Long Lake,have executed this Agreement as of the date first above written. 44 .� j99yTA- Quiram r odelle K. Quirt STATE OF MINNESOTA ) ss. I COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20(1,by Jeffrey A. Quiram,husband of Jodelle K.Quiram. Notary STATE OF MINNESOTA ) DAISY J.JOHNSON NOTARY PUBLIC-A w*=A ss. kb G=*ft Weg Jan.M.20m0 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /(o 'day of 20( by Jodelle K. Quiram,wife of Jeffrey A. Quiram. Notary li DAISY J.JOHNSON NOTARY PM C-MINNESOTA Mr CamnWM E*M Jan.91,2010 Signature Page J to First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned,owners of Lots 2,3, and 4, Block 1,The F at Long Lake,have executed this Agreement as of the date first above written. I I Benjamin R. Fi d Re ecca S. Field STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me thisy�' day of = 2006, by Benjamin R. Field,husband of Rebecca S. Field. i a Public -------------------------- STATE OF MINNESOTA } JOYCELYN K MATHESON ss. NOTARY PU1=-Mt1�BiESOTA COUNTY OF HENNEPIN ) My C0A ffL EV.J0.31,2010 The foregoing instrument was acknowledged before me this 19 day of 2006, by Rebecca S. Field,wife of Benjamin R. Field. i 6Vo t Pub is Arwv JOYCELYN K MATHESON NOTARY Pl MX-MMESOTA I MY Omm Exp.Jan.31,2010 MWAAAAAARI i I i � 1 Signature Page to i First Amendment to Declaration of Covenants,Conditions, Restrictions, and Easements for The Farm at Long Lake { The undersigned, owners of Lot 5, Block 1,The Farm at Long Lake,have executed I this Agreement as of the date first above written. Randy V. Rosen r n 6Wn a2/AZJ Linda C. Rosengren STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_L'- _day of _ 2%6,by Randy V. Rosen n,husband of j.j�a q_0le,Cr a� 9NAYI Notary Public STATE OF MINNESOTA ) SARA FRICKE ) ss. ( NOTARY PUBUC-MINNESOTA COUNTY OF HENNEPIN ) WCWMEV.JW.V,2010 The foregoing instrument was acknowledged before me this 19 day of rXA _,26%, by Linda C. Rosengren,wife of Randy V. Rosengren. Notary Public i E:pm*,T SARAFFW>qARY PUBUC MINNESOTA Cortin 6v.Jan.31,2WO 'r Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned, a trustee of the Richard W. Perkins Trust,which holds ownership of Lot 6, Block 1,The Farm at Long Lake, has executed this Agreement as of the date first above written. Print Name: Richard W. Perkins, Trustee i i Signature Ea.. as Trusteef the Richard W. Perkins Trust U/A Dated 6-14-78 F/B/O Richard W. Perkins M WW1NN• STATE OF MINNESOTA ) KATHERINE L.PIKE WTMlrPIU -IOMSOTA ss. we......r1r n.loie COUNTY OFH£dAIFP/N The fore&Wg instrument was acknowledged before me this -7 day of a va'C,.- , 20W, by Richard W. Perkins,Trustee of the Richard W. Perkins Trust WA Dated 6-14-78 F/B/O Richard W. Perkins. Notary Public I i t Y Signature Page to First Amendment to Declaration of Covenants,Conditions,Restrictions,and Easements for The Farm at Long Lake The undersigned,a trustee of the Joseph H.Offerman Trust,which holds ownership of Lot 7,Block 1,The Farm at Long Lake,has executed this Agreement as of the date fust above written. Print Name: Lucille M.Offerman,as Trustee Signature c as Trustee of the Joseph If O RevocabJr e Trust dated September 21, 1990 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN } The foregoing g mg instrument was acknowledged before me this !7— day of 2008,by Lucille M.Offerman,Trustee of the Joseph H.Offerman Revocable Tit dated September 21, 1990. I 66&taryPub/Zlit�= rf'•� ' PAMICIA S.BAHi}IpLOMEW' NOTARY PUBLIC-MIMMA 4 � +►F��Jen.�l.pOfO } Signature Page t0 First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned, a trustee of the A M Mack& R P Mack Trust,which holds ownership of Lot 8, Block 1,The Farm at Long Lake,has executed this Agreement as of the date first above written. Print Name: Ardell M. Mack,Trustee Signature &JJJA_ ! as Trustee of the Ardell M. Mack 2006 Revocable Trust Under Agreement dated March 2,2006 Print Name: Robert P. Mack,Trustee • Signature. P.- 9�&j as Trustee of the Ardell M: Mack 2006 Revocable Trust Under Agreement dated March 2,2006 STATE OF MINNESOTA ) I .j SS. COUNTY OF We4 The foregoing instrument was acknowledged before me this 10 day of tc�u s r , 2006,by Ardell M. Mack and Robert P. Mack,Trustees of the Ardell M. Mack 2006 Revocable Trust Under Agreement dated March 2,2006. I awwr�wrw JE#XK WMER Nr Public ROrARrMNA-WREM Ilj COMMMM E00 Jut.31,2010 t ) t Signature Page to First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned, owners of Lot 10, Block 1,The Farm at Long Lake,have executed this Agreement as of the date first above written. iZ; Craig L. anon l a L. Hanson STATE OF MINNESOTA } LORY A.WHiTTET } SS. 1' Notary Public COUNTY OF HENNEPTN } ` MyC-eiam"Expres�Ja�ewy31.2 The foregoing instrument was acknowledged before me this _�_ day of 2006: by Craig L. Hanson, husband of Joan L. Hanson. Notary Public STATE OF MINNESOTA } 1119 LORY A.WHITT£T Nolery Public ss. Minnesota COUNTY OF HENNEPIN } yromdssb"Expip im"31.2010 The foregoing instrument was acknowledged before me this 3 _day of 2006, by Joan L. Hanson,wife of Craig L. Hanson. A74 Notary Public r Signature Page to First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned,owners of Lot 11, Block 1,The Farm at Long Lake, have executed this Agreement as of the date first above written. f � , Rt and L. Parrish t Carol J. Parri STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN } i The foregoing instrument was acknowledged befo e me this day of 2006. by Richard L. Parrish, husband of N ry Public STATE OF MINNESOTA ) JANE F SCHOENROCK } SS. ' Notary Public COUNTY OF HENNEPIN ) Mrcnnesota -�n3i•zat4 1 The foregoing instrument was acknowledged before me this day of t , 2006,by Carol J. Parrish, wife of Richard L. Parrish. No , Public K::NotaryPubHc F SCHOENROCK Minnesota cion Expia Jax 31,2010 Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Farm at Long Lake The undersigned,owners of Lot 14, Block 1,The Farm at Long Lake, have executed this Agreement as of the date first above written. Joseph Cerny Inger Cern STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this 1y day of 2006, by Joseph Cerny, husband of Inger Cerny. SARDAM W.NUM STATE OF MINNESOTA ) �T A ss. ayc Nom,-M-MG COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2006, by Inger Cerny, wife of Joseph Cerny. Notary Public BARBARA W.SMTM ti0rAg1'R�1�-�/MOfA ►�7i�1 Oq�ITY nnr ooa+►aree�aaa�ee t.a�ama y e f� I Signature Page to First Amendment to Declaration ot'Covenants, Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned, owners of Lot 15, Block 1, The Farm at Long Lake, have executed this Agreement as of the date first above written. J es . Pierp rt r d9d ith A. Pierpont ...- OFR=VAI STATE OF MINNESOTA ) ON paeftulow ss. WCOWAN Nerm.464M COUNTY OF HENNEPIN ) s� The foregoing instrument was acknowledged before me this day of 2006, by James W. Pierpont, husband of Judith A. Pierpont. OFMKSEAL STATE OF MINNESOTA } I SS. W 000=10" 064W COUNTY OF HENNEPIN ) at The foregoing instrument was acknowledged before me this�=day of � 2006,by Judith A. Pierpont,wife of James W. Pierpont. Notary Public i i Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions,and Easements flor The Farm at Long Lake The undersigned, owners of the central portion of the property formerly constituting Lot 16, Block I.The Farm at Long Lake,have executed this Agreement as of the date first above written. ame . Pie pont Judith A. Pierpont OFFICK WAI, STATE OF MINNESOTA j MSTENEMORMI NOTARY PAUC•9M OR VAN ss. MY COINS M EOM a" COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this day of ) U 2006,by James W. Pierpont,husband of Judith A. Pierpont. lic OPF1pAlak STATE OF MINNESOTA ) AMBLVF ; } s. MYCOI�t�OMt�N�INNf COUNTY OF HENNEPIN ) St The foregoing instrument was acknowledged before me this day of ' 2006,by Judith A. Pierpont, wife of James W. Pierpont. �n Notary Public • Pierpont Property Legal Description Lot 15,Block 1,and that part of Lot 16,Block 1,The Farm at Long Lake, lying southerly j of the north 104.72 feet and northerly of the following described line: Commencing at the southwest corner of said Lot 16;thence North 02 degrees 12 minutes 03 seconds East,assumed bearing along the West line of said Lot 16, 101.24 feet to the point of beginning;thence South 87 degrees 47 minutes 57 seconds East,277.16 feet; thence North 84 degrees 47 minutes 57 seconds East, 277.16 feet;thence North 84 degrees 53 minutes 26 seconds East,434.32 feet to a point on the northeasterly line of said Lot 16,distant 355.57 feet southeasterly of the northeast corner of said Lot 15 and there terminating. 1 I Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions,and Easements for The Farm at Long Lake i I I The undersigned, a trustee of the Sherry G. Patterson Trust, which holds ownership of the northerly portion of the property formerly constituting Lot 16, Block 1,The Farm at Long make, has executed this Agreement as of the date first above written. i Print Name: Shd rry G. Patterson,as T stee G• �. ,� Signaturathe as Trustee of Shee G. Patterson Trust dated i December 15, 2001 i I i STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 7" day of 2006, by Sherry G. Patterson,Trustee of the Sherry G. Patterson Trust dated Dolember 15,2001. NdYary ublic I iwwwn�, � @IJOYCELYt0N K MATHESON NOTARY PW- SOTII f i 1►CWW EXP.Jen.91,2010 i I lI I i i i i I i i 1 r. Signature Page to First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned,owners of the southerly portion of the property formerly constituting Lot 16, Block 1,The Farm at Long Lake,have executed this Agreement as of the date first above written. Jon M. Pendleton V - Meg . P ndleton STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this 31 s day of _T , 2001r, by Jon M. Pendlet ,husband of Me E-. tary Public WJOYCEILYN uSTATE OF MINNESOTA } K.MATHESONARY PUBLIC-MlNr1EBOTAss, Comm.t xp.Jen.31,2010 COUNTY OF HENNEPIN ) - The foregoing instrument was acknowledged before me this day of 2007,by Meg E. Pendleton,wife of Jon M. Pendleton. P�fotar'y Pu is .—A&L - ------------- gyO AMY E.MAGENNtS I NOTARY PUBLIC-MINWBOTA My Comm.Exp.Jan.31,2010 a Signature Page to First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Fann at Long Lake The undersigned, a trustee of the Sherry G. Patterson Trust,which holds ownership of Lot 17, Block 1,The Farm at Long Lake,has executed this Agreement as of the date first above written. i i Print Name: She G. Pat rson .5 �rr� y� Signature as Trustee of the She G. Patterson Trust dated December 15,2001 STATE OF MINNESOTA ) } ss. COUNTY OF The foregoing — o egoing instrument was acknowledged before me this aJ day of 2006, by Sherry G. Patterson,Trustee of the Sherry G. Patterson Trust date ecember 15, 2001. fI I N ary ublic f wr: '.UVdr1I�1PROM MR RN RAW-- JOYCELYN K.:MAA7H]ESONNOTARY PUBLICMY OMM Exp. i I f i i EXHIBIT A The North 104.72 feet of Lot 16 and all of Lot 17, Block 1, The Farm at Long Lake, I Hennepin County, Minnesota Certificate of Title No. 1131632 f I Al t:1344186.01 i i h Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned, owners of Lot 18, Block 1,The Farm at Long Lake,have executed this Agreement as of the date first above written. Timothy dams Mary S.Adads STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this o?9 day of 2006,by Timothy Adams, husband of Mary S. Adams. Notary P is STATE OF MINNESOTA ) �' y AUDREY PLOTNIK NOWY PISUC-MMES MA ss. My Cantu.Exp.Jan.31,2010 COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this 22L 8ay of E ,2006,by Mary S. Adams,wife of Timothy Adams. Notary Public AUDREY PLOTNIK NorARy pUBuc-+u+wrEsou My Comm.60.An.31.201 I Signature Page j to First Amendment to Declaration of Covenants,Conditions, Restrictions, and Easements for The Farm at Long Lake i The undersigned,owners of Lot 19, Block I,The Farm at Long Lake, have executed this Agreement as of the date first above written. E zab th Y. Belt n A Mark Rapheal Beltrand Laurie Shull I KERSTEN C JEVNE N=My pueuc- M WCOMMOSONEMNS131-07 Willard C. Shull III STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 5tlfw+��+d tf- ,2006, by Elizabeth Y. Beltrand, wife of Mark Rapheal Beltrand, KERSTEN C JEVNE MY =aM' s$,10i411 Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN ) �. The foregoing instrument was acknowledged before me this day of 2006, by Mark Rapheal B trand. husband of Elizabeth Y. Beltrand. L Notary Public l i KMSTEN C JEUNE STATE OF MINNESOTA My COMMMM V ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of P — , 2006,by Laurie Shull,wife of Willard C. Shull 111. }v' S° IVY C Notary Public STATE OF MINNESOTA ) KERSTENCJEVNE ) ss. W,, `ES-0� COUNTY OF HENNEPIN ) .-- The foregoing instrument was acknowledged before me this day of i 2006, by Willard C. Shull 1II, husband of Laurie Shull. ' I Notary Public f Signature Page to First Amendment to Declaration of Covenants,Conditions, Restrictions,and Easements for The Farm at Long Lake The undersigned, owners of Lot 20, Block 1,The Farm at Long Lake, have executed this Agreement as of the date first above written. .vid S. Willits Judith A. Willits ' STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) Tile foregoing instrument was acknowledged before me this ok day of 2006, by David S. Willits, husband of J A Willits. E Notary Publi STATE OF MINNESOTA ) =this WAMM ) ss. COUNTY OF HENNEPIN } uWaft WCM The foregoing instrument was acknowledged beforeme day of Yq�/1-47- ' 2006, by Judith A. Willits, wife of D S Willit I Notary Public cARaU Nfty Pd* w cam►!==JM 31,XX Signature Page to First Amendment to Declaration of Covenants,Conditions. Restrictions,and Easements for The Farm at Long Lake The undersigned, owners of Lot 21, Block 1,The Fann at Long Lake,have executed I this Agreement as of the date first above writtL Donald A. Asmussen i CL I Kelly A. Asmusqen i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4) day of 2006, by Donald A. Asmussen,husband of Kellv A. Asmussen. Notary Public i STATE OF MINNESOTA ) weouM ss. COUNTY OF HENNEPIN ) w �S�r,sD The foregoing instrument was acknowledged before me this ACV4 day of _,.2006,by Kelly A. Asmussen,wife of Donald A. Asmussen. CAROLYN NIEMANuo NOTARYPue _�INW—SM Notary Public My Cw n.Exp.Jan.31,2010 73N 730 TRADITION TITLE, LLC 107 West 3rd Street,Chaska,MN 55318 Ph.952401-1770 Fax 952401-1771 www.traditiontitle.com orders@traditiontitle.com File No.: O&E6844 The following is an Ownership and Encumbrance Report from December 19,2013 to May 4,2015,at 8:00 A.M.to the following described Torrens Property,Hennepin County,Minnesota. See Attached Exhibit A -------------------------------------------------------------------------------------- LAST GRANTEE OF RECORD: Michael North and Sara E.North,as joint tenants OPEN MORTGAGES CONTRACT FOR DEEDS AND MECHANIC'S LIENS OF RECORD: Mortgage executed by Michael B.North and Sara E.North,married to each other,to Lake Community Bank,filed September 5,2014 as Document No.5197693,in the original amount of$15,000.00. Mortgage executed by Michael North and Sara E.North,married to each other,to Kristin Rone,filed March 24,2015 as Document No.5242753,in the original amount of $571,358.84. SUBJECT TO EASEMENTS OF RECORD. NAME AND TAX SEARCHES: According to the records in the Hennepin County Recorder's Office,Hennepin County, Minnesota,there are unsatisfied Federal Court Judgment Liens in favor of the United States of America within the past 20 years;for the past eleven years there are Federal Tax Liens,and for the past ten years there are State Tax Liens,or Bankruptcy proceedings in said County against the following:Michael North and Sara E.North None. According to the Judgment Dockets for the past ten years in the MNCIS Minnesota Court Information System Website,Hennepin County,Minnesota,there are Judgments unsatisfied against the following:Michael North and Sara E.North None. ----------------------------------------------------------------------------------- According to the records in the Office of the County Treasurer and in the Office of the County Auditor,Hennepin County,Minnesota,there are no unpaid current or delinquent real estate taxes against any of the property described above,EXCEPT as follows: Taxes payable in 2015 are in the amount of$7,880.90 are unpaid,plus penalty and/or interest on first half taxes in the amount of$78.81*. Parcel No.: 12345 Homestead Property There are no prior year delinquent taxes. *Please contact Hennepin County Taxpayer Services at 612-348-3011 prior to closing for most current amount due* ---------------------------------------- Dated May 4,2015 at 8:00 A.M. (Report issued on 5/21/15) T ITION TITLE,LLC ,Authorized Signature NOTE: This is not intended to be an Abstract of Title and does not cover any defects in title,which would be revealed by a thorough examination of the complete Abstract. Exhibit A That part of Tract G,Registered Land Survey No. 1275,Hennepin County,Minnesota lying Westerly of the following described line: Commencing at the Northeast corner of said Tract G;thence West along the North line of said Tract a distance of 91 feet to the point of beginning of the line being described;thence deflecting left 98 degrees to the South line of said Tract and there ending. That part of Tract G lying Easterly of the following described line: Commencing at the Northeast corner of said Tract G;thence West along the North line of said Tract a distance of 91 feet to the point of beginning of the line being described;thence deflecting left 98 degrees to the South line of said Tract and there ending,Registered Land Survey No. 1275,Hennepin County,Minnesota. An undivided 1/7 interest in and to: Tract H,Registered Land Survey No. 1275,Hennepin County,Minnesota. That part of Lot 16,Block 1,The Farm At Long Lake lying Southerly of the following described line: Commencing at the Southwest corner of said Lot 16;thence North 2 degrees 12 minutes 03 seconds East,assumed bearing,along the West line of said Lot 16 a distance of 101.24 feet to the point of beginning;thence South 87 degrees 47 minutes 57 seconds East a distance of 277.16 feet;thence North 84 degrees 53 minutes 26 seconds East a distance of 434.32 feet to a point on the Northeasterly line of said Lot 16 distant 355.57 feet Southeasterly of the Northeast corner of said Lot 16 and there terminating. Torrens Property(Certificate No.1380289) TERMS AND CONDITIONS USE OF THE REPORT: This report contains information obtained from public land records and Tradition Title LLC,makes no representation of warranty concerning its accuracy other than as specifically set forth below. THIS REPORT IS NOT AN ABSTRACT OR AN OPINION OF TITLE,TITLE COMMITMENT OR GUARANTEE,OR TITLE INSURANCE POLICY. WARRANTY: Tradition Title,LLC warrants to you,the customer that the public land record information contained herein has been accurately reported from public land record sources available as of the effective date of this report. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,WHICH TRADITION TITLE LLC MAY HAVE EXTENDED TO YOU,INCLUDING WITHOUT LIMITAITON THOSE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Public land records are those records in the jurisdiction where the legal description described in this report is located,which give constructive notice of recorded interest in real property. LIMITATIONS: Tradition Title LLC's liability for a breach of this warranty shall be limited to the actual amount of any loss incurred by you or$5,000.00,whichever is less and is conditioned upon your taking all reasonable steps to protect any interest you may acquire in the real property described in this report. Additionally you agree to assign to Tradition Title LLC any rights you have to recover such losses from any third party, with such rights unaffected by any actions by you. IN NO EVENT SHALL TRADITION TITLE LLC BE LIABLE FOR ANY SPECIAL,INDICENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR LIKELY. This warranty is extended to you as Tradition Title LLC's customer and is not intended for the benefit of any third party. Tradition Title LLC's Warranty liability will terminate with the transfer,sale or assignment of any loan made by you which relates to the property described in this report,unless Tradition Title LLC agrees in writing to an extension of the Warranty. Claims must be made promptly by written notice to Tradition Title LLC at 107 West 3rd Street,Chaska,Minnesota 55318,within ninety(90)days of the date of discovery of the claim. Remit Payment To: INVOICE Tradition Title,LLC 107 West 3`d Street Chaska,MN 55318 Billed To: Invoice Date: 5/21/15 Koenig,Dickinson&Dalluge,PLC— Please Pay Before:30 days 1850 W.Wayzata Blvd Our File No.:OE6844 Long Lake,MN 55356 Your Reference Name/No.:North c/o Samuel R.Dalluge Reference Address:800 Brown Rd Description Amount O&E Property Search $75.00 Copies of all easements as shown on the Certificate of Title $107.00 Total Amount Due $182.00 RECEIVED APR 0 4 2011 CIN OF ORONO Owners of Lots 12 and 13: James Ober O Emily erg STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of September, 1984 by JAMES R. OBERG and EMILY A.OBERG, husband and wife. Rr+�w.vntiwr;dw�vt��1nMM,Y�n a !� .A Mortgagee: FIRST NATIONAL BANK OF MINNEAPOLIS By a STATE OF MINNESOTA ) s s. COUNTY OF j/,4 The foregoing instrument was acknowledged before me this day of July, 1984, by Timothy Adams, a• Partner of THE FARM AT LONG LAKE, a Minnesota general partnership, on behalf of the partnership. Notary Public ELAINE T. MESNA NOTAAY PUBLIC-M1N14C:0TA HENNEPIN COUNTY My Commission Expires Sept.24.1590 STATE OF MINNESOTA ) ss. COUNTY OF �) The foregoing instrument was acknowledged before me this day of July, 1984, by MARK W. ROBBINS' and MARIA ROBBINS, -4- i husband and wife. EE lpNN NiXON r� MiNNESOtA NOTARC Y PUBLI NENNEPIN COUNTY 10 19� on Expires Ot• �YComm9ss� otary Public STATE OF MINNESOTA } ss. COUNTY OF � p�,{ ) The foregoing instrument was acknowledged before me this 3/ day of July, 1984, by P dw-w IFS-.CS , the Po.,tI bR�/7' of ORONO CONST. , INC. , a Minnesota corporation, on behalf of the corporation. � I HMN"CDWM .Y oa�W imv 20,)"D Pub i NorNrr wmuc—'A r i STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 3S day of July, 1984, by T k .•+ til , the vtc44-- P/L.EI"orr-T of BUILDERS FINANCE, INC. , a Minnesota corporation, on behalf of the corporation. RONALD (3. STRATTON NOTARY Pwur-MlNME80TA HEPINEPIN COUNTY wy com„wion .,o.n zx,t000 Notary Public STATE OF MINNESOTA ) i ss. COUNTY OF ItT-: 14ep(4 ) 1 i The foreoing i t ument was acknowledged before me this i 64,6 ' day of 4wlry, 19 , by RUSSELL J. ALDRICH and JOANNE L. -5- ALDRICH, husband and wife. DAVID J.STRAUSS HENNEPIN COUNTY Notar ubllc 99y Cmmosoon ExpNM Aup.11 NM STATE OF MINNESOTA ss. COUNTY OF +��,.. ) The foregoing instrument was acknowledged before me this I ✓day of 4e3,4 , 1984, by PAUL D. SWANSON and MARGARET C. SWANSON, husband and wife. -.- - Linda Baer ke— ►_+ Mowry Pubtta-Mlnaeaofa ' "em mPin County my Lommfa:kn fspbee►tar•30•t999 Notary Public STATE OF MINNESOTA ) ss. COUNTY OFIj The fore&W984, nstrument was acknowledged before me this 15 day of by MAA , theQof FIRS NATIONAL BANK OF WAYZATA, a United States of America corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. i COUNTY OF .6"jrA/A/ ) The foregoing instrument was acknowledged before me this day of July, 1984, by TIMOTHY ADAMS and MARY S. ADAMS, husband and1W. NOTARY x i LEE JINN NIXON PUBLIC•MINNESOTA HENNEPIN COUNTY My Commission Expires Oct 10,1 Mn fm ry Pt c_ STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this Sept-• (P+- day of 4uly, 1984, by T. mk, alu.�. 4e (.j thea n tc of FIRST NATIONAL BANK OF MINNEAPOLIS, SCC KC�'.1k 1J a national banking association, on behalf of the association. >z nP9 -N ROCHELLE FELSING NOTARY PUBLIC-MINNESOTA k Notary Public + DAKOTA COUNTY My Commission Expires July 9,1991 a x I No delinquent taxes aad iran*r erAwo THIS INSTRUMENT WAS DRAFTED BY: DEPARTMENT OF PROPERTY TAXATIiN HENNEPIN COUNTY MINN Leonard, Street and Deinard RTF/HMM 1200 National City Bank Building SEP 211984 Minneapolis, MN 55402 �yr .,-t ,,,p 10. './ 18iLftdt 1F Moir TAM BY Thrs certificate s not reta,e tot s for pK current DEPUTY ,,A-ch may a y not rA pa-d year i -7- 1602236 J ���y�xYx�o7L.z ��l�90 ✓ JG y G ell c6 7 G Registered Vol 2180 Page 649686 Registered Vol 2181 Page 649868 ;/,-- OFFICE 49868 ;OFFICE OF THE REGISTRAR OF TITLES �� HEVNEPIN COUNTY.MINNESOTA CERTIFIED FILED ON SEP 21 1984 R IS OF TITLES DEPUtt s 33�