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Home My WebLink AboutAmendment to Declaration & Easement- _ _ ___ __ res_eryed or•ecadir: in amatinn�___________ ______.____ AMENDMENT TO DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE THIS AMENDMENT TO DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE ("Amendment") is made this 1Y' day of JUKA 2023, by and among Fezziwig LLC, a Minnesota limited liability company ("Fezziwig"), Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 1018 ("Declarant"), and Patrick Andersen, a single person, and Charissa Ann Stokka, a single person (collectively "Andersen/Stokka"), in favor of the City of Orono ("City"), a Minnesota municipal corporation. RECITALS A. The City and Declarant previously entered into a Declaration and Easement for Stormwater Maintenance are October 11, 2021 and recorded October 28, 2021 with the Hennepin County Registrar of Titles as Document No. T5888557 ("Declaration"). Said Declaration was recorded on Lots 1, 2, 3, 4, S, and 6, Block 1, and Outlots A, B, C, and D, Shoreline Estates. B. Fezziwig owns Lot 1, Block 1 and Outlot C, Shoreline Estates PIN 10-117-23-14- 0025 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5959559. C. Andersen/Stokka own Lot 2, Block 1 and Outlot B, Shoreline Estates PIN 10-117-23- 14-0026 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5928361. D. Fezziwig owns Lot 3, Block 1 and OutlotA, Shoreline Estates PIN 10-117-23-14- 0027 pursuant to a Warranty Deed recorded as Hennepin County Document No. T5959939. E. Fezziwig owns Lot 4, Block 1, Shoreline Estates PIN 10-117-23-14-0028 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5970408. zzstxx�z F. Fezziwig owns Lot S, Block 1, Shoreline Estates PIN 10-117-23-14-0029 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5916899, G. Fezziwig owns Lot 6, Block 1, Shoreline Estates PIN 10-117-23-14-0030 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5932509. H. Declarant retains ownership of Outlot D, Shoreline Estates PIN 10- 117-23-14-0031. I. City, Declarant, Fezziwig and Andersen/Stokka desire to amend the terms of the Declaration by adding a new subparagraph to Paragraph 3. Stormwater Facilities and wish to reflect their understandings in writing. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 3, Stormwater Facilities, of the Declaration shall be amended to include the following subparagraph: f. Underground Storage Facilities. Underground storage facilities will be inspected at least annually to ensure continuing performance per design. Capacity will be considered inadequate if sediment has decreased the storage volume by 50 percent of the original design volume. Accumulated debris and sediment will be removed, and inlet and outlet structures will be kept clear of any flow impediments. Any cost associated with the inspection or maintenance of the underground storage facilities shall be the sole responsibility of the property owner on which the underground storage facilities exist, whether such inspection or maintenance is undertaken by the property owner or by the City under the terms of this Agreement. 2. Except as herein amended, the Declaration and all of its obligations and conditions shall remain in full force and effect. 3. This Amendment shall be recorded against the real property referenced in the Recitals above. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. (Remainder ofpage intentionally left blank. Signature pages follow.) zzs l as�z 2 STATE OF MINNESOTA )ss. COUNTY OF DECLARANT: Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018 By: Trustee The foregoing instrument was acknowledged before me this ��day of 2023, by Mark Jacobs, as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust reement dated as of April 30, 2018, on behalf of the Trust. Notary SHELLY LAFAY ZAJICEK Notary Public State of Minnesota My Commission Expires January3l, 2026 2zsiss�2 3 STATE OF MINNESOTA COUNTY OF iI )ss. DECLARANT: Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April, 0, 2018�, By: Trisha B1 stee The foregoing instrument was acknowledged before me this day of 2023, by Trisha Blake, as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust<<4 reement dated as of April 30, 2018, on behalf of the Trust. �,,d�'r+.,a SHELLY LAFAY ZAJICEK Notary Public State of Minnesota My Commission Expires ' January 31,2026 22siss�2 4 FEZZIWIG LLC, a Minnesota limited liability company By: STATE OF��,��,4�A�0��) ))ss. COUNTY OF The foregom� instrument was acknowledged before me this2-2 � 2023, by Y\MCN� 1 V.Vvy�(,Q/� , the kV`�WW ��ift"Hezziwig LLC, a Minnesota limited liability company, on behalf of the company. o "vblio a �t h D aK°mod zzsisg�z 5 Andersen STATE OF NIINNESOTA ) - )ss: COUNTY OF V\ ) The foregoing instrument was ackno ledged before me t ' 2023) by Patrick Andersen, a single person 0 l STACYA. PAWLOWSKI PAMPUCH Notary Pipblic NOTARY PUBLIC tt MINNESOTA My Com y%sion Expkm Jan. 31, 2026 day of VW k�, 22s1aa� 6 wl� 000�:p ;fz Charissa Ann Stokka STATE OF IV�iNESOTA } )ss. COUNTY OF Rtk cl0 ) 2023, by Charissa Ann Stokka, a single STACY A. PAWIOWSKI PAMPUCN NOTARY PUBLIC MINNESOTA MY CwwnM& Expires Jan, 31, 2026 225188v2 % STATE OF MINNESOTA COUNTY OF HENNEPIN )ss. The foregoing instrument was acknowledged before me this Q �7 day of / , 2023, by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City Administ for of the City of Orono, a Minnesota municipal corporation, on behalf of he co�go�ation and pursuant to the authority granted by its City Council. / / / / / l CITY: CITY OF ORONO, a Minnesota municipal corporation By: By: Dennis Walsh, Mayor Adam T. Edwards, City Administrator otary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo �a '�"^�;;.. ANNAMARIE CARLSON NOTARY PUBLIC - MINN 6 31, 2 - res Jan. 31, 2025 y Commission ExP zzstxx�z 8 MORTGAGE HOLDER CONSENT TO AMENDMENT TO DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE MIN 1001391-0501331738-2 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, Mortgagee, acting solely as nominee for the Lender ALERUS FINANCIAL, N.A., dba Alerus Mortgage, its successors and assigns, which holds a mortgage on all or part of the property more particularly described in the foregoing Amendment to Declaration and Easement for Stormwater Maintenance, which Mortgage is dated July 11, 2022 and recorded July 12, 2022 with the offices of the Hennepin County Registrar of Titles as Document No. T5958536, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Amendment to Declaration and Easement for Stormwater Maintenance as it relates to Lot 2, Block 1 and Outlot B. Shoreline Estates, Hennepin County, Minnesota. Dated this day of IA VAA�_, 2023. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation STATE OF MINNESOTA ) 111 )ss. COUNTY OF m-tV%^ ) r+. The f regoing instrument was acknowledged before me this zi � day of �Su-h� , 2023, by I A A d4A ASVAU the is of Mortgage Electronic Registration Systems, In ., a Delaware corporation, on behalf of the entity. DRAFTED BY: Cniv>PB);LL KNIJTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM 225188v2