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Home My WebLink About#10-3438 Index of Schedule B DocumenmtsINDEX OF SCHEDULE B DOCUMENTS 1535 Bohns Point/CP File No. 32159 In order to open and view the documents listed on the Index, please place your cursor on the underlined document number, and press "Ctr/" on your keyboard and left click with your mouse. Thank you for using Commercial Partners Title, LLC for your title insurance needs. TAB DOCUMENT EXCEPTION NO. DOCUMENT NO. A Copy of Plat of Beth and Bridget Legal, 14 Plat B Permit 11 4814241 C Protected Waters Permit 12 5133879 D Resolution No . 2004 13 5145572 E Resolution No. 2022 15 5206726 F Resolution No. 2098 16 5307193 G Drainage and Utilities Easement 17 8570256 H Restatement of the Beth and Bridget 18 8570258 Declaration of Covenants, Conditions, Restrictions, Reservations and Easements I Mechanic's Lien Statement 19 8946189 J Assignment of Mechanic's Liens 19 9190235 K Notice of Lis Pendens 19 9062562 L Mechanic's Lien Statement 20 8768291 Iyl Statement of Lien 20 9060225 N Vesting Instrument (Sheriffs Ce1iificate) 9208129 Commercial Partners Title, LLC File No. 32159 Issued By Old Republic National Title Insurance Company Old Republic NatlonelTitle Insurance Company, a Minnesota corporation ("Company"), for a valuable consideration, commits to Issue its policy or pollcles of title Insurance, as identified In Schedule A, In favor of the Proposed Insured named ln Schedule A, es owner or mortgagee of the estate or Interest In the land described or referred to in Schedule A, upon payment of the premiums and charges and compllance with the Requirements; all subject to the provisions of Schedules A and B 1111d to the Conditions of this Commitment This Commitment shell be effective only when the Identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted In Schedule A by the Company. All fiablllty and obligation under thls Commitment shall cease and terminate six (61 months after the Effective Date or when the policy or policies . committed for shall issue, whichever first occurs,.provided that the failure ta Issue the policy or policies Is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Old Republic Netlonel Title Insurance Company hes caused Its corporate name and seal to be affixed by Its dulv authorized officers on tha data shown in Schedule A. This Commitment shall not be valid or binding until countersigned by a valldatlng officer or authorized signatory. Note: Issued By: Commercial Partners Title, LLC 200 South Sixth Street Suite 1300 Minneapolis, MN 55402 Tel: (612) 337-2470 Fax: (612) 337-2471 File No. 32159 ORT Form 4308 ALTA Canvnl1111e111 forTila ln,urance B/00 Contnu,a' oo back pil//0 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company .fOO Second Avenue South. Mlnneepol/s. Minnesota 55407 (612) 371-1117 By President Attest CONDITIONS 1. The term mortgage, when used herein, shell Include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge or any defect, lien, encumbrance, adverse claim or other matter affecting the estate or lrrtsrest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, end shall fair-to disclose such knowl- edge to the Company In writing, the Company shall be relieved from liablllty for 1my loss or damage resulting from any act of rellence hereon to the extent the Company Is prejudiced by failure to so disc lose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or lf the Company othaiwlse acquires actual knowledge of any such defect, llen, encumbrance, adverse claim or other matter, the Company at its option may emend Schedule B of this Commitment acoordlngly, but euch amendment shall not relieve the Company from liability prevlously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Uabllity of the Company undet this Commitment shall be only to the named proposed Insured end such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss Incurred In reliance hereon In undertaking In good faith (a) to comply with the requirements hereof, or {b) to eliminate exceptions shown In Schedule B, or {c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such II ability is subject to the insuring provisions and Conditions and Stlpulatltins and the Exclusions from Coverage of the form of policy or pollcles committed for In favor of the proposed Insured which are hereby incorporated by reference and are made e part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to Issue one or more title insurance policies and Is not an abstract of title or a report at the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or Interest ortfla status of the mortgage thereon covered by this Commitment must ba based on and are subject to the provisions of this Commitment · 5. The policy to be Issued contains an arbitration clause. All arbltrable matters when the Amount of Insurance ie $2,000,000 or less shall be arbitrated atthe option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. Pags2 ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 32159 NOTES FOR INFORMATION THE FOLLOWING IS PROVIDED FOR INFORMATIONAL PURPOSES AND WILL NOT APPEAR ON THE FINAL POLICY: A. This Commitment was prepared by: Commercial Partners Title, LLC 200 South Sixth Street, Suite 1300 Minneapolis, MN 55402 Phone: (612) 337-2470 Fax: (612) 337-2471 Please direct questions regarding this Commitment to: Nancy Landmark, Underwriting Attorney, at (612) 337-2483 and direct questions regarding the closing to: Gale Larson, Commercial Closer, at (612) 643-1040. If you would like to arrange for additional parties to receive this documentation, please contact our Production Department at (612) 337-2470. B. Upon our receipt and review of a standard form of affidavit disclosing no adverse matters, Item Nos. 1, 2, 4, 5 and 6 of Schedule B will be deleted from the final policy. Item No. 8 will be modified to reflect the interests of specific tenants. A current survey, certified to Commercial Partners Title, LLC and Old Republic National Title Insurance Company, will be required to delete Item No. 3 of Schedule B from the final policy. C. If a Creditor's Rights Endorsement will be requested for either the Owners or Lenders Policy issued pursuant to this commitment, please contact the underwriting attorney or closer identified in Note A above to discuss the documentation that will be required to obtain approval for this endorsement. D. Commercial Partners Title, LLC does not have the Abstract of Title for the subject property. E. The legal description at Item No. 4 of Schedule A is related to the property address of 1535 Bohns Point, Orono, MN. AL TA Commitment Notes for Information (32159. pfd/32159/25) ISSUED BY COMMERCIAL PARTNERS TITLE, LLC 200 S. 6th St., Suite 1300, Minneapolis, MN 55402 AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT Reference Name: 1535 Sohns Point SCHEDULE A 1. Commitment Date: July 27, 2009 at 07:00AM 2. Policy (or Policies) to be issued: (a) Owner's Policy Proposed Insured: ALTA Own. Policy (6/06) Federated Insurance Company (b) Loan Policy ALTA Loan Policy (6/06) Proposed Insured: (c) ALT A Loan Policy (6/06) Proposed Insured: File No. 32159 Amount To Be Determined 3. The estate or interest in the land described or referred to in the Commitment and covered herein is a Fee Simple, and title thereto is at the effective date vested in: Mortgage Electronic Registration Systems, Inc. 4. The land referred to in this Commitment is described as follows: Lot 1, Block 1, Beth and Bridget, EXCEPT that part thereof which lies Southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Hennepin County, Minnesota Abstract Property AL TA Commitment Schedule A (6-17-06) Valid Only if Schedule B and Cover are Attached (32159. pfd/32159/25) ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 32159 SCHEDULE B -PART I REQUIREMENTS Instruments creating and/or perfecting the priority of the estate or interest(s) to be insured, the form and execution of which shall be satisfactory to the Company, must be executed, delivered and duly filed for record. SCHEDULE B -PART II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties and costs): A Real estate taxes payable in 2009 are $97,782.70 and are half paid. Base tax $97,273.99 Property Identification No. 08-117-23-44-0023 NOTE: There are no delinquent taxes of record. B. There are no levied or pending assessments of record. 8. Rights or claims of tenants, as tenants only, in possession under unrecorded leases. AL TA Commitment Schedule B (6-17-06) (32159.pfd/32159/25) ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 32159 SCHEDULE B -Part II -EXCEPTIONS (Continued) 9. In the event this transaction involves new construction or if there has been construction on the property during the last six months please immediately contact the closer or underwriting attorney listed in the Notes for Information page of this commitment to discuss the transaction. If the transaction involves a construction mortgage or is a vacant land acquisition mortgage no construction related work can be preformed on the property until after the mortgage is recorded and pictures have been taken at the site, in order to establish priority for the construction mortgage. Indemnities will be required at closing from the appropriate parties, depending upon the nature of the transaction. 10. Rights of the public and the State of Minnesota in and to that portion of the insured premises lying below the natural high water mark of Lake Minnetonka. 11. Terms and conditions of Permit, dated July 15, 1983, filed August 2, 1983, as Document No. 4814241. 12. Terms and conditions of Permit, dated July 22, 1986, filed July 24, 1986, as Document No. 5133879. 13. Terms and conditions of Resolution No. 2004, dated June 9, 1986, filed August 19, 1986, as Document No. 5145572. 14. Easement for utilities and drainage as shown on the recorded plat. 15. Terms and conditions of Resolution No. 2022, dated July 14, 1986, filed January 2, 1987, as Document No. 5206726. 16. Terms and conditions of Resolution No. 2098, dated December 8, 1986, filed August 3, 1987, as Document No. 5307193. 17. Easement for drainage and utility purposes, in favor of the City of Orono, a municipal corporation, as created in document dated March 9, 2005, filed April 25, 2005, as Document No. 8570256. 18. Terms and conditions of and easements contained in Restatement of the Beth and Bridget Declaration of Covenants, Conditions, Restrictions, Reservations and Easements, dated March 9, 2005, filed April 25, 2005, as Document No. 8570258. AL TA Commitment Schedule B (6-17-06) (32159.pfd/32159/25) ISSUED BY COMMERCIAL PARTNERS TITLE, LLC AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 32159 SCHEDULE B -Part II -EXCEPTIONS (Continued) 19. Mechanic's Lien Statement dated March 5, 2007, filed March 6, 2007, as Document No. 8946189, in favor of Grazzini Brothers & Company, a Minnesota corporation, in the amount of $42,059.19. Date of last item was December 27, 2006. Assigned to Old Republic National Title Insurance Company by Assignment of Mechanic's Lien dated September 30, 2008, filed October 6, 2008, as Document No. 9190235. Notice of Lis Pendens to foreclose mechanic's lien dated November 7, 2007, filed November 8, 2007, as Document No. 9062562, filed by Grazzini Brothers and Company, a Minnesota corporation. No court file number is referenced. Obtain a satisfaction of mechanic's lien from Old Republic Title Insurance Company and a discharge of Notice of Lis Pendens from Grazzini Brothers and Company, a Minnesota corporation, and Old Republic Title Insurance Company. 20. Obtain satisfactions of the mechanic's liens filed as Document No. 8768291 and as Document No. 9060225. END OF SCHEDULE B EXCEPTIONS SEE ATTACHED FOR ADDITIONAL INFORMATION REGARDING THIS FILE AL TA Commitment Schedule B (6-17-06) (32159.pfd/32159/25) EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, Beth and Bridget, EXCEPT that part thereof which lies Southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Hennepin County, Minnesota Abstract Property ~ iJ ') I-d) ff ~ 0 la.I z 0 0 I ~] 9 j::: Cl. Ei u a:' Cl ·a> <>: 1~\ i I-· z 6 c:r: 0. _cj I= ::J U) cf) la.I z ·tj r :c I I fXl 0 ::J co <( II H 1-.c W 70-60 Flov, 11/70 STATE OF t,m'4r,ESOTA 4814241 DEPARTMENT OP NATURAL RESOURCES DIVISION OF WATERS, EOILS ANO MINERALS P.A. No,83-6150 Centennial Office Building, St. Paul, IVUnnesota, 55101 IN THE MATTER OF 'rHE APPLICATION OF WILLIAM ULRICH fora PEhi...llT TO CHANGE THE COURSE. CURRENT, OR CROSSSE(;TION of Lake Minnetonka (27-113) (Crystal Bayj t ;,:?nnepin Counrv. TITLE REGISTERE~ PERMIT P,.muant 10 Min111n0,11 Sta tu res, Chapt&r 105, ond (In the basis of statements end intormatlon contained in th& permit appll,:etion, lat1&1'$, map&. and plan a 1ubmltted bv lbt ~fceni,rn~otlter supporting <iata. all of which era made a part hereof bv f~t;a, PERMISSION IS Hl!RHVGAANTll.D to· !'!Jr t 11111,U~ffl U_rJCJl whtl\.laddr&S!lfor thepur~otnctlll65andothtr commuJllcations pertaining to lhil permit 1$ 1535 Bohn Is Point Road .,... which address Is Subjeet to changlt by written notice from thll p!H'mittee. Orono, f'Hnnesoia 55391 To construct 279 feet of aluminum retaining wall, all as indicated 1n the application and plans received April 19. 1983. All work shall be in acco~dance with the follow~ ing General and Special Provisions • ✓ PROPERTY OESCRIDEDas: Government Lot 2 • Tl17N, R23W Lydfard's Park~ SE¼, SE\, Section a. forthepurposeot shoreline protection and erosion control. Thls perl'\it is granted subJ11et to tha followlnp GSNERAL and SPECIAL PROVISIONS: HENNEPIN COUNTY 1. 2, 3. 4. 6. 6. I. GENERAL PROVISIONS This permit la permtaal11e onlv end shall not raleete the l'J4lrmlttt& from any llabilltv or obllgatlon lmpoMd bv Mlnnet0ta Statutes, Fedtrel Law or local ordinances relating thereto and shell remain In force subie<:t to all conditions and llmitatlona now ar hfflisfter I~ by law. Thi• per,nlt Is not at1lgnable e~cept with the written consent of the Commissioner of Natural R--· XMS<Rk4oQmc»1CHtt~tcKlflit~~~RIKMl\tlJ:tlcllWJOOt~A~)t~~W!Ac U~~iiii6:KBKX!XX\16)1~»~MottcM>c~kXmt~~o,c}'Dli(,ojl(fflW~~~ ~IIM~f'l'tMK~~MM~l!JlfOekK~-. No chang,1 shall be made, without wtltten permission Pf&\liously ol>tein8d from the Commissioner of Natural Relatwees, In the hydniullc dim&111lt1n1, capacity or looatlon of any ltams of work aul1torized hffltlnder. The permlnee lhall Qrat1t eccesa to th• site at all reasonablt times during end after eonstructlon 14 authorized .-.eantetl-of the Commissioner of Natural Resourcet for lmpt(ltion of the work authorized herilund9r, This Permit may btt terminated bv the Commb4oo11er of Natural RIISOl.lrnes, withc.ut not«:e, at llnV time h!I cl-it neceasary for the contervlltion of the water resourc" of the state, or In the Interest of pultllc health and welfar&, or fol' violation of any of the provisions of thit permit, unl&s,: oth-lllll provided In the Special Pr011islon1. SPECIAL PROVISIONS Construction wofl( $Ulh01lzed undat this permit shall ba completed on or before _____ N,_o:;.;;.vem=-=b.-.:e.:.r...:.:3-=0.a·,_1.;:9,.::8,=3.._ __ • Upan Mitten request to the Commissioner bv the Permlttee, stating tha reeson therefore, an 111~ Of time may be-oballnad. II, Tha excavation of '°ii euthOrlzed h1ll'llln shall not be -trued to Include the ramoll&I of Oiflll)io me,~ --..1PO-E ... s ..... _____ _ NOT APPLY unlessthunefromwltich1ud,0Jg&nicma1terls removed is lmp1111loua or Is sealed b'J thei application of bentonite aftet 11>1eav1rtlon. m. In 111 c,-whffl th11 doing bV the PGfmlttee of envthill!J euthcrlllldbythl1permltshslllnvotvethe11klna.u&lnf,or~ngofenv~ rights or Interests of ~nv other pertOn or pe,som, or of anv publicly owned lands or Improvements thereon or interasu thirtln. the permltttt, befol'e proceeding thllflwitll, shaM obtain the wrilt&n conlllfll of all persons, IQff!Clel, or 1111thoritl1111 concetned. 111d moll &<:quite all property, rights and lntmstt necessary therefor. )V. This permit is permlQlvwontv. Noliabili1Y•hallbuimp1.>tech.1ponorlncbrredbytheStateofMln1111S01$oranyofltsoffiCGff.1111ffllSOfllfflploy-,, officially or pa!'IIDllally, on ac:wunt ot the 11111ntl11!1 h11t110f or on IICl:ount of any dllfflll!III to any penson IN proptrty resuldng from eny act or oml11ion of the pttmlttff or anv of Its agents, employHS, or contractors relating to any malffi' hemlndw. Thi$ petmlt IIHIII not bll construed H 11t10ppl11g or II ml ting anv legel claims or right of action of any pmon othll1' tMfl the ste1e eg,alnst the permlttua-, its ~u. employ-, o, contractors, for env del'l'lllgll or lnjurv rtwlting kom any such act oromltaion, or eustopptng or limitln9 any legel clalm or right of eotlon of tlw state egalnlt the permltt11e, 111 eg1nts, empfoye.s. or con~ for violation of o, f11llUN11 to comply with the provision, of Iha Plfflllt or applicable p,o,,lslo,u of law. V. No material excavated bV authority of this parmlt nor material fr(W any other !QUfe&, except as specified~, 111811 bt,!aced on 8!lY portlonofthtbedofsaldwatmwtilchli11SbtloW, the Qr:!i1QOfl' h,gh llliilter Jeuel ~ 4 N&>w. 192Q) ---,--,.------------· It shall be the duly of the piwmlttee to determine comedy all pertinent e!o,,11tfon1 at the she or lht wo•k for the purposa of oomi>l\11"9 with the condi tlons ot this parmit. VI. Any extemiOf> ot thtt surhlee ot said Wfltan1 retUltlng from work authorized by thb l)lll'mlt shalt become public -end Ith OPffl 1111d unobltNClllid for Ult by th• f)Ubllc, -~ .... '.;-.. ~- t ( ... --· --------·----... -----------..-----~ .c.. • ..---~ __ .....,, ___ ....... _ ---·--·-•-·-•• --· -· -.~ ........... "' ----•. ~, .. -,..,-~ - . ,, . . . . ), . . . . • • . • . . : . I-: • ·: • • • . ' • . • 'b t ~ • ;• ; (. . .· ~ .. ., ,,•" ~ SPECIAL PROVISIONS VII. This permit must be recorded 1n the Register of Deeds office by the property owner 4nd certification ~he':"E!of orovided to this Department before the pennit is valid. At that time, a Notice of Permit card will be sent to you. This card must be posted at the site prior to constru~tion, VIII. All General and Special Provis:tons of this permit shall bind perm1ttee, his heirs and assigns and shall run with the land. IX. Permfttee shall maintain the authorized wall in a stable and safe condition, and shall repeir or replace it at any time that the Commistioner finds the wa11 is subject to instability. creates a navigation hazard, or has become an aesthetic mrjsance. X. This permit may be terminated by Colllllissioner's Order for any violation of the purposes of said permit, or of a general or special, or a Notice, of a maintenance provision thereof, or at any time the Co111111ssioner deems it necessary for the con- servation of the water resources. or for any cause for the protection of the public interest. ·· . • ·· Xt. Any Commissioner's Order teminating this permit may also require the permittee. at his own expense, to remove within the time specified in said Order~ any un- authorized structure in violation of this permit. Said Order shall also require the permittee to restore. if necessary, the public w~ters or beds thereof to the condition existing before the unauthorized activ~ty. . cc: Peter Bachmann. BHH & G rtary ttarx~ u.s.c.E. Hennepin County SWCD ✓- Hi nnehaha Creek WSD · ';1;,.,.-· LHCD /' -Jt' ', C 1 ty of Orono /2,,;v,; · , . ., (;). !,) " Curt Nelson. c .o. /,,.. ~· . •~~~-.,-,,y St. Paul Waters ,., 'fl'-t ... ,,~ <-~-~;-, Lake Minnetonka f1_1e:-;,;.: ~t-''>~;~~1~1/ , - 3TATE OF MI'"''ESOTA! . ,/'(?:1 _ .. :,·• -~ ti-~,·· ,, l '111 '-. . ·I .\ ·• .W ~.,.J ss. ·-. . .• ,, :::.~::y o{J_·~--·~1983, bofore me, a Notary Public within and for said County, per.sonally appeared~~oeer, Admin. t Dev. Sec., to me persona,lly known to be the person who executed the foregoing instrument on behalf of the State of Minnesota and acknowledged ttia:t he executed the same in his official capacity as his free ant and deed, t . pursuant to the statutes in such case made. and provided. ~i. V { THIS INSTRIMENT WAS DRAFTED BY: John Linc Stine l"letro Reg1onDiv1sion of waters l21lil Mamer Road St. Paul, Minnesota 55106 ·. 612/296-7523 SEE ENCLOSED SPECIAL PROVISIONS '1 ~ ·, ,·:·:-,:.:' :,.-~ ... 4814241 ' ; .. ~ :> .. ·r ••', ---1 . lltltfftDft.mAJ111141t : ·~ lttNilil-·la: .. '·., IIUQ~ M ... I ~ .. . .• ~~ .. ·• NA.02734-01 I t,,t,,,,rr.,, PV tNNnOTA Oooariml'.nt ol NatUtal Rosou<cos • lltvl!;IOO 01 al8fS PROTECTED WATERS PERMIT (to be RECORDED With the COUNTY RECORDER) I P.A. :uner 8 -6281 l Pursuant to Minnesota Statutes, Chapter 105. and on the bash of state ■enh and infor ■ation contained in the per111t application, letters, ■aps, an_d pbns slib ■ilt:d by the applicant and other11 supportin!l data, all of which are nde a part hereof by reference, PERlll$S'ON IS HEREBY GAAITEO to th• applicant nned below to change the course, current, or cross s&ction of the following: Protected Water County Loke Minnetonka 27-133P Hennepin h ■r. of Applicant Telephone Nu.tier (iaclude Are ■ Code) William Ulrich (612) 471-07'5 Address (No. & Street, RFD, Box lo., City, State, Zip Code) 1535 Bohn• Point Road., Wayzata, MN. 55391 Authorized to: Construct 203 feet of aluminium retaining wall as indicated in application and plans submitted May 19, 1986. Thie permit does not authorize any dredging, fill, construction, or discharge pipe. / P~rpose of Perait: ,/ Date of Perait C-Xpiration Erosion Control June 30, 1987 Prcaparty Described as: 15J5 Bohna Pt. ~d., Lota 1&2, Lydiarde Park County ~E., SE~, Section 8, Township 117 N, Range 23 w. Hennepin As IRdicatad·(&): (if applicable) I As Indicated (9): (if applicable) ~oaa not apply Ordinary high water level 929.4 NGVD This per ■it is graQted subject to the following GENERAL and SPECIAL PROVISIOIS: ~ PR0VISIOlS dock re- 1!129 l. This perdt is per ■istive only and shall not release the per ■ittee fro ■ any liability or obligation i ■posed by Ninnosota Statutes, Federal law or local ordinences relating thereto and shall roaain in force 1ubject to all conditions and liaitations now or hereafter i ■posed by law. 2. No change shall be ■ade. without written per ■ission previously obtained fro ■ the Coa ■lssioner of Natural Resources, in the di ■enaions, capacity or location of any ite ■s of work authorized hereunder. 3. The per1ittee shall grant acceu to the site at all reasonable ti ■es during and after construction to authorized representatives of the Co11issioner of Natural Resources for inspection of the work authorized hereunder. 4. This perait ■ar be tarainated by the Co1ainioner of Natural Re&ources at any tiae he dee ■s it neonury for the conservation of the water ruources of the shte, or in the interest of public heelth and wel hre, or for violation of any of the provisions of this per ■it, unless otherwi,e provided in the Special Provisions. 5, Construction 11ork authorized under thi& por ■it shall be co ■phted on or before the date specified above unless ttr ■inated as hereinafter providtd. Upon written request to tbe Coa ■iasioner by the Per ■ittee, stating the reason therefore, an eKttntion of tiae ■ey be obtained, II. The txcavation of soH authorized herein shall not be construed to inc:luda tha naoval of organic ■attar (u indicated above) unleH the area fro ■ which such or9an1c··■attilr is rnoved. is h1pervlous, or 1s sealed by th8 application of bentonite after excavation. 7. In all casts where the doing by the peraittee of anythi,119 authorized by tlih p1r•it shall involv• the taking, uaing, or danging of any property rights or interests of any other pett1on or peraons, or of any publicly owned llnd1 or l1proveaenh thereon or-lnterests thereln, the per ■lttee, before procudlng ther111ith, shall obt ■in tht wrltttn conunt of all p1rsan1, 1111enciet, or authorities concerned, and shall acquir• all property, rights and interests necessary therefore. 8. This per ■it is peraioive ouly. tlo liabiUty shill be iapoud upon or incurred by the State of Nlnnnotl or any of its officer,. agents or 11ployee1, offlctally or personally, on account of the granting hereof or on account of any da ■agt to any person or prop,rty r11u1ti.ng Fro. any .ct or oei111ion of the p1r1ittee or 1ny of lts ag111tt 0 e■ployeu, or contractors relating to 1ft) aatter henunder. lhl1 p1r1i.t shall not be construed :,::.<. ·. . . ,·.• .. t ., as "'°pping or Uniting any legal clalH 1>r rlqht qf ar.tlOft of any person othrr than the u·atl agalnst tnt peraitttt, lh •geuts, •~ployee,;, or contractors, for any da■ag, or injury resulting fro ■ anJ such sct or o ■lnion;• ~r ar, .stopping or li ■itlRg any legal dal• ~r riqht of action of the date against t~e per1ithe, its agents, oployees, or contractors for violation of •r failure to coaply with the peralt or 1pplicabl1 provisions of law, 9. No uterlal flcavated by 11uthorlty nf this ptralt nur aaterlal fro■ ott,c.-•ource, u~1pt H specified herein, shall be placed o~ Jny portion of the bed of said Mattrs whlth liu belvw(as Indicated ab•~•) if applinl>le. 10. Any tkttnsion of the surfiu:c of uid waters rnultlng fro ■ vork authorized by thh 11erait ,hall bceoa, protected wator• and left open and unobstructed for use by lht pub!l~. Ii. This per•it shall becoe effective on the date Lt h ,•1corJ,d In •••r County In th1 OfF:ce of the lltcorder. l'rori1bd, thr Nork afftctlng protected 11ahra authorhtd h1reln \h•II not ba co■aenetd until a Notice of Per ■it ha-. bten c,nspicuou,ly puted at the canrtruction site and a eopf cf lhe recorded per■it Is qosttd on or nur the prHhH U9on wllich sucll wor~ is conducted. A Notice of Perelt NIH be issued by the Co•lu\oner upon hh re~eipt of a Certtf\ed copy .f the recorded per ■lt. 12. All general and ~pecial prowi$lon& of this peutt shall bind the per■ltlee, his htlr1 and a11i11111 and thall run with the lanJ. 13. Afttr the co•plttlon of the project .uthorired, per,lttee ,hall euppiy tht O.part11nt of ••t11ral Resourcu with photograph• of the project are,. 14. Per ■itto shall aaintaln the authorh,d project in a ,table ano s:,fe condit,~n. A\ any the \he Co•lssioner finds thu the proj1ct 111 subject to lnshbllity, c•HlH • n.,l9atlo-hazard, hu laco"e a public nuinnct, or has hllen into a atah of disr•pair, ho shall order tht o•ner to repeir the project within a apeclfled ti •e. IS. Any Co11lssloner's Order ter•inating lhb p1rdt ••Y alao req,,iro the pernl.ttoo, at hi, own exp1nH. to rt1ove wlt~in the tl ■e specified in &aid Order, any •uthoriud project tonltructod under thh per ■it and, If 141pllcable, any unauthorlztd project in violation of this per•\t• Said Order ahall alto require the p1r1lttn to rntora, if neceanry, the protected waters or beds thereof to the condition oxbtlng before the vuuthorized acthlty. 16, This ver•it does not obviate any requlruent for federal ~n,nt fro■ the U,$, Corpa of E.nglnor,. 1135 U,S, Poat Office and Custo• House, St, Paul, Minnesota ~•HDl • . lli£!!!:. PROfJSIOIS 17. The per111it.tH •ti..11 cOtDply with all mlea, re{lulationa, :,;equireclltnt.1 o,:-standard.a of the Minneeota Pollution Control. Agency and other applicable federal, state oi, local agenciee, 18. PeDA;l.ttea shall eneure that the contractor hae received 11nd thoroughly understand• all conditions of t',is peniit, l,9. Brodon control nieaeu.rea ahall be adequately datsigne4 for thtt ait• oharaoteriatic::., 'l'hoy lllllY inoluh 1t.1ted hllybalee, cU.voreion cluninel.e, eedilant ponds, or eadiA1ent fenc:iu, Thily shall be in ■telled prior to c--nt and maintained throughout project. All 41Xpoeed soil aball be .rutored lby se&dblg and mulching or sodding and ataking) within 72 hours of completion of project. CIOI USCOE -City of Orv•~~~-~~~~UN-~r,Miif'-Hinmlheba creek WSD -Jim JConrad, c.o. St, l'aul 'Wat.era• Laif!• CZ71d1MlHII IIIIIRll'tNUll•- S1A1E or li\1NN1vr• -.=.m:.. dted ., St. hul, Minnesota COUIITY Of KiHNeP'~~ IIWll.'.¥, ... w,•;•-MWl'+W'IWN .... t'Y. z:z.-teday or__. ...... .....,..__ ___ , 19.J:£ Suhcrlbed and awarn Ito ~~~l~~!e~~~ COIUIJ;;..(11 0 NIH(SOT DEP~RTIIHT OF UT URAL RESOURCES ~day of .:nl!,Y , 198'-: by Kent lotkesaflreglona 1 fiydro1ogist ,dept, of nat;:;ur::.:a;:-r:,.:e~olll"C;;,:;e::.:s;-__________ ., '. lly c~ohslon expiru1 'i• 15•89: I btHrhed Sl!IUf;•r• -I ; .1z.1111:;;,l:j;~ I _ l<ent Lokke8111Ce 1 Repiqrusl Hydrplgqlot ' ·: , ··.1,.,., -.L"f ~~ ,. ' I ., :·.l .• . ' . 5145572· City of ORONO RESOLUTION Of THE CaTV COUNCIi. NO. 2004 A RBSOWfiOIJ Gm\ftDIG MPTD-'fD-l"AC'f CONDTIODL USB PDNIYS MID VJUlIAMCB !'O JltJHICIP.U. BOtlUG CODB BBCTXOHS 10.0l, SUBDIVJ:SX011 9 10.21, SOBDXVISIOB 2 Am SBC'l'IOJI 10.ss, SDBDIVXSXOH 8 PILE f991 & 1018 WBBRDS, William J. Ulrich (hereinafter 11the applicant") is the owner of the properties located at 1535 and 1595 Bohn'a Point Road witltin the City of Orono (hereinafter "City") and legally described as Lots l G 2, Lydiard's Park, Lake Minnetonka, (hereinafter •property•)1 imd WBBRBAS. the applicant has applied to the City of Orono per Municipal zoning Code Section 10.03, Subdivision 19 for after-the-fact· and proposed conditional use permits to allow the completion of certain land alterations on the property not authorized under Building Permit No. 5737 or a conditional use permit and per Municipal zoning Code Sections 10.21, Subdivision 2 and section 10.55, Subivision 8 seeks variances to permit after-the-fact and proposed land altertions within 75 feet of the shoreline of Lake Minnetonka. ROW, 'fDRBPORB, BB .IT RBSOLVBD by the Cit:y Council of Orono, Minnesota; 1. This application was reviewed as Zoning Files f99l and 11018. 2. The properties are located in the LR-lB, Lakeshore Residential Zoning District. 3. 'l'he propert.i.es consist of approximately 7.64 total acres in area. 4. ~he land alterations, approved with the grading plans on August 26, 1985 with·the issuance of the building permit for a new residence on Lot 2, Lydiard'e Park, Lake Minnetonka, did not includ& tbe land alterations reviewed under the current applications. s. 'l'he City has completed a comprehensive review of both after- the-fact Applications 991 and 1018 defining each of the major land alterations as apecific areas for cons!d•ration tui follows: ~ 1-Alteration of "lagoon aru• located within 75 feet of lakeahore. The area has been regraded with l to 6 inches of top aoil in preparation for •••ding. Page 1 of 6 • ' . fl!'r -. ~ -~-. . . ' ' . ,I • ~--~-~~--------~:--~~~-·: ·.-. •• . ,.., • .,~· .: ' • • '; • : • : . Cit)T of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2004 Area 2 • Two trenches 2 feet wide have been constructed f~om the foundation at appro~imately the 933 elevation and extend to within 75 feet of the lake. The trenchs consist of PVC pipe surrounded with crushed rock with a silt fabric barrier over gravel. Applicant wishes to discharge underground drainage into the lake. Area 3 -Applicant proposes 6 feet high berms along the street lot line of the propertl·• Area 4 -Applicant has placed from 4' to s• of fill within a 100' hy 360' corridor located along the shared lot line of Lots 1 & 2 Lydiard's Park. 6. 'l'he Orono Planning Commission reviewed this application on April 21, 1986, and recommended approval of the after-the-fact variances for land al terat.ions performed within 75 feet of the · lake and for the proposed installation of a ground water drain- field placed 10 feet from the shoreline per Municpal zoninq Code Section 10.21, Subdiviaion 2 and Section 10.55, Subdivision 8 and recommended approval of certain after-the-fact and proposed conditional use permits to permit the fill to remain along the shoreline (Area l) and along the shared lot li11e (Area 4) and to install a foundation ground water drainfield (Area 2) and denied applicant's request to berm along the street lot line of Lot 2 Lydiard's Park (Area 3) based on the following findings: A) The 6 feet high berms are not compatible with surrounding neighborhood. The property is located off a limited use road that serves an old established lakeshore noighborhood on a small peninsula. B) The six. feet berms would destroy the natural open yard appearance and ambiance of this neighborhood. C) 'l'he use or locating of solid, privacy walls or fences o.n lakeshore lots is limited because the intent and standards of Oro~o•s code is to preserve the view of the lake for all lakeshore property owners. D) The applicant has friled to demonstrate the need for screening from noise or lights and has only stated that.the berm• would provide privacy. ?. The Orono Counail at their meeting of May 12, 1986 conceptually adopted the Planning Commission recomnendation and in addition adviged the applicant that 3 1/2 foot berms would be p•raitted along the atreet lot line (Area 3) finding such b1provement co111patible with the intent and purpose of the Municipal zoning Code Chapter aa •et forth in hot.ion 10.01. •••••liilillial--iUliiliilllllillilMililli1111111111,aliliioil...,~ililiillllll1l111111a•pii11.':iliol•·~•' _o,...f ... 5..,. .. ........,_,__,.......,....,....;.-.:.....;. ........... ...:=..,_w.·,~·· -.: .... ,,-"·• . . • 1t .... .. ' . . . . . . . . ., • . . . ' • >-~ • • ~ ""'.' • • • ' ·_' . • ., . ;,; . ,(, . ' .. . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2004 8. At that same meeting the Orono City Coun~il directed staff to prepare a resolution of approval for Applications 991 and 1018 and to include the following findings in that resolution: A) The alterations proposed in the lagoon area {Area 1) involved no major changes in elevations o~ in local drainage. This tn,e of filling is typical where new ground cover is tu be installed. Applicant maintained adequate erosion control thoughout entire restoration. B) The alterations proposed within 75 feet of the lake to permit the installation of the foundation ground water. drainfield as proposed in plan by Marks. Gronberg referred to ar Drain Tile Details (Area 2) and as amended by Glenn Cook4report dated June 2, 1986 is found to be superior to drainage allowed to surface on ground to collect sediment, fertilizers and other debris. C) The berming along Bohn's Point Road right-of-wa:y (Area 3) &3 approved by Council will be consistent with the height of all allowed man-made improvements along the street lot line of lakeshore lots adjacent to minor thoroughfares and such improvement would be consistent with the intent and guidelines for all development within lakeshore residential districts. D) The filling within the corxidor along the shared lot line of the property (Area 4) provides more uniform or flatter grades providing a more suitable treatment area for surface drainage rather than the more extreme elevations approved at the time the building permit was approved. 'l'h~ east 1/3 of the property now drains to a pond before entering the main lake. 9. 'l'he City Council finds that the conditions existin9 on this property are pecuiiar to it and do not apply generally to other property in this zoning district, that granting the varia~cea would not adversely affect traffic conditions, light, ftir nor poee a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty, in necessary to preaerve a subatantial property right of the applicant; and would be in keeping with the epirit and intent of the Zoning Coda and Coap~ehensive Plan of the City. Page 3 of 6 _..,,·,, .... ,_; rr: ..... ,-,_ -----.. ·-----. ..----~ City of ORONO RESOLUTION OF THE CITV COUNCIL NO. 2004 10. The City Council finds that granting a conditional use permit to allow the land alt~rations as noted above will not be aetriaental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring prop~rties, nor will it depreciate surrounding property values and that the amended level of use of the property will be in keeping with the intent and objectives of,the Zoning Code and Comprehensive Plan of the City. Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal zoning Code Section 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and grants conditional utJe permits per Section 10.03, Subdivision 19 to permit the lind alterations as amended and noted above on the property subject to the following conditions: 1. A fence! or wall can not be installed within berm area along street lot line. 2. Tha public right-of-way of Bohn's Point Road must be completely restored by Ju~y 1, 1986. 3. The former residence on Lot 2t Lydiard's Park must be completely removed by September 1, 1986. 4. Drain Tile Plan by Mark Gronberg is approved by the City subject to the outlet elevation being raised to 930.5 elevation and drainfield cannot be closer than 10 feet from lake8hore. s. Applicant to execute a Developer's Agreement and submit an acceptable fo~m of security prior to the issuance of a land alteration permit by the City t~ assure the completion of the fol lowing improvements: ~ A) Removal of all excess soils not to be used in final grading of property -applicant to determine ,.pproxima.te amount of cubic yards to b~. removed. r) Preparation of entire disturbed area for planting. C) Cost of seed or mod for reatoration of entire disturbed aru. 6. Applicant l'I\Ullt altar existing ber1111• to approved height of 3 l/2 feet along the gt~eat lot line by hptember 15, 1986. ' ; ~,t,. ~ -:, ~ .... ·_. ,., . . : '• ., ••! ,,;· ... ;.·,, -~ • • .... w -. . ~---:.~-. _· . -_,·_.: ~-. ~ -·:· . : '1: ... ~ ~--: .. ·_. .... ' . . ' ' . . • . . ~ . . ~· ,. ~·~ ~ -~ . ~ , ~ City of ORONO FIESOLU'flON OF THE CITY COUNCIL NO. 200_4 ___ _ 7. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date {June 9, 1987). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoni.ng code, chall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself,, his heirs, successors and assigns, hereby agrees to the recording of thiEc resolution in the chain of title of the property • .. iJ;~i\~:· ·:··:,?•~).-·;~by the Orono City Council on this 9th day of June, ~ :o . "'(:._,, t: r· Tim Ad Page S of 6 b J• •.:"' ,,, •'; ~: . . \ . . ~ "' • ~ ,f • ~ • ' • •:.. , . • • V : • • • •.• • • •}.. • ii,, • • • ·. • ,. .• .. • '.• I • • • • • • •• -• w t. -• ~ . •"' . ' ' .. • .• City of ORONO STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this befor:e me appeared the person STATE OF MINNESOTA) RESOt.O'flON OF TijE CITY COUNCIL . NO. 2004 N01'fil& Pf _('.'U ff/ff/ MY COMMISSIOilXPIRES f )se. '.-i COUNTY OF HENNEPIN ) on this__,,,........_.,-....... .,.... .... day of--...... --.------·' 1986, before me a Notary Public within and for said county. personally appeared known to me to be the p&rsonfsJ~descrI6ed in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free aet and deed. NOTARY PUBLIC MY COMMISSlON EXPlUS .Page 6 of 6 ---· ·_-; ·::;~ ,. ;;. _ _ ';.· -, ' . .. . . . . ·, . ~ : . ; ' . .,.. ·, ~ ' , ~-: "' . ·.. . ' . -.' ' . . •·. . . , . ;;_ .... ..,. ... ·' ' • • . . STATE OF'HllUIESOTA COUN~r or HENNlflN CITY ,r ,10110 ' . . I Dorothy H. Hallin, City Clerk ot the City or Orono. Hennepin County, ~U.nnHota, :lo btreby oertify that I have ooapued the fougoing copy or a resolutlott of the City CouncU of I.he City of Orono with the original record ot auch resolution in the Ninutea of the proceedl.nga or aa1d·c1t1 council at a 11eet1n1 or Hld Citr Council held on June 9 , 19 86 , and that the HIH ie a true and oorreot coPJ o.f 1111:ld ruolutiori'""'was dulf adopted by Hid City Council at aaid meeting. In Witness Whereof, I have hereunto act my hand and seal this 14th day of ___ J_u-..i:-----------• 19_8_6 __ I j -l: ,:',':,; 4 ,• • • . • • , ' ' • <--· ' I • • • .. ,• ' < , 0 ' > » .· , . ,'' , . ' , · .. , . .... ' . \ f l \ i I I t.. . -S'y- c. .•• -• '" :: . . . ..;') ..:.. .... \ '1 ,n ••l N (I) 0 .... 0 g ICI ... r .j -. ··- :,.,,·: · ... ,:.--.~, ·1,._. 5~6726 CltyofORO 0 RESOLUTION OF r~e. CITY COUNCIL TRAU:-,;;~· / ;.:;..rr~tD NO. 202~ rlf.N n, t>:,::,1•~;,:· '••: ;,r, .. 't'. ·'lrn·"O'i A usor..onfM GDmlRG A COlmlftOHAL VD PDIUT n& IIDUCXPAL ICJUJIG ·COOB f:ma'IOII 19.03., IUBDIVISXmll 19 ( nLB 11040 Hf..~l'~PIN goo(itt .M"'t~ 8'1'. P Ff,;-_.---· (:i!'.P!JTY .,...~-~/ .. lfll:IIUtD8, William Ub:ic:m (bereinaft.er •the appU.eant"') is the owner of the prope.tiea located at 1535 i .1595 .Bobn•a Point Road within the City of Orono (her~inafter •city•> and legally deac:dbed as fol lows: Lot:s l and 2, Lydiard•s Park~ Lake Minnetonka (be!f:'einaf'ter •p~openiee•>, and vmmu:1, the applicant has applied to the city of Orono for a Conditional Uae Permit to permit the extension of a sea wall alon9 the lagoon shoreline of the prapertiea per Municipal zoning Code Section 10.0lv Subdi•ision 19. IIOW, ~OU, d J:1' USOLVBD by the City Coune:1.1 of orono, Minnesota: l. This application was reviewed aa zaning File 11040. 2. The prope~ty ie located in the LR-18 Lakeeho~e Residential Zoning Dist~ict. 3. On JWte 16, 1986, the Orono Planning Canmission reviewed the application •s propoaed and recommended apiproval of the application bae,ed on ~ fo11owin9 finding11u A) Trapping and rip rock are not effective in cmba.ting nmekrat problems. 10 A sea wall is ll\OSt. accept:able method in cont:.rolling eroaion of low elevat:ed shoreline bank areas cons:lst:ing of soft peaty muck soils. C) Aesthetically desirable to tie in,the whole lagoon area. D) 'l'he e:xt.maion of the fllP..& wall will present furt.her erosion of the unprotected bank and low elevated lawn areas ad~acent t.o lago<>ft from the muskrat infesta~ion. 4. The City·council hae cons~dered this application including the findings ,,1 recamnendations of the Planning Commiesion, r~~rt• by at&ff and ccmaenta of the applicant and iilie effect: of the p,:oposed uae on the hcaalth. safety·and welfa~• of t.hCI cownunity. l'op 1 of 3 .J .. CltyofORO 0 RESOLUTION OF THE CITY COUNCIL NO. 2022 s. 'l'he City Council finds that granting a Conditional Use Permit to allow the extension of a aea wall along the lagoon shorelin• of the propertie• will not be detrifflental to the health, nfety or 9eneral welfare of the public, would not adversely affect li9ht, air nor pose a fire hazard or othe~ danger to neighbo~ing properties, nor will it depreciate surrounding property values end that the proposed level of use of the property wi 11 be in keeping wi tb the intent and objectives of the Eoning Code and Comprehensive Plan ot the City. a.::LUSIOIIIS. GJ!IPD .MID cam1nc:ms Based cpon one or more of the above findings, the Orono City Council hereby grant.a a Condit.ional Use Permit to William Ulrich per MWlicipal Zoning Code S.ction 10.03, Subdivision 19 to pemit the exten&ion of a ae~ wall alon9 the logoon areos of the properties located at 1535 and 1595 Bolm's Point Road, subject to the following comUt.icma: 1. Any pat.h installed along the edg.ie of t.he sea wall must be pervioua to runoff and made of natural niaterial .. 2. owner is placed on notice that if muakrat problem extends to the shoreline of th• 111ain lake cm the properties, a sea wall will not be approved. 3. Violation of or ru,n-complianee with any of the terJl'IS and conditions of thie resolution ehall constitute a violation of the zoning code, shall autOlAotica11y terminate any authority granted herein, and shall be punishable as a miedaeanor. 4. The undersigned applicant has read, Wlderstood and here- by agrees to th.a tarms of i=his resolut.ie:t and on behalf of hill\8elf, hie heb:e, e1,1c::c::esmors and assigns, hereby agrees to the recording of this reaolQtion in the chain of title of the property., Adopted by the Orono City Council on this 14th day of July, 1986. Page 2 of 3 .\ ... A •. ·, ~-~------------------ . . COUNTY OP BBNNBPIN CityofORO 0 ) ) as. ) RESOLUTION OF THE CITY COUNCIL NO. 2022 On thilil /2J1-. day of _L,u. '?' , 1986 beifo~e me a Notary Miie within an'a' for eald county, personally ~ppeared . • · VJ tH-:IA r;.. ..J . fJ.. &::&t ,:.Joi known to me to be the person Cs) descrl1ied in and who executed the foregoing irustl'Ufflent, and acknowledged that he (they) executed the same as hia (their) free act and de$d. ,,. . iii COMMISSION UPI S'l'A'n: O'ff Mlh2SO'l'A ) )ss. COtnrn OP BBMNBPIN) on this _.,,,.--.-.,......-....... __. day of __ ....,.....,,,.. ____ , 1986, before me a Notary aublic wifhln and for said County, personally ~ppeared known to me t.o be the person(a) described in and who exeC1,1ted the foregoinqinstrument, and acknowledged that h~ (they) e•ecuted the same as his (their) free act and deed. MY COMMISSION BX.PIRES Pagfl!I l of 3 .J ~~ :· . ; +. •l·• ••· . ·.::•'' :._. . . ~ .. :· ... _. I,. V· ·,' r :_. ·.-.. .::• .. 3TA'l°.t: ·i;~)~~-130TA : ,, .. : ·.;,. ~. : : .. ,' ;: ::•, ,·.. ... -Cc»Jlff · or-:;lililUll ": cit~·\{~.i~;.: · > ) ) ) ) 1· ~orotti1··111. Hlll~rh Cltr Cltn"le or the City or Orono. &ennep111 Couc~,.. .M{ftftilffti. do IHlreby Oll"tiff tbat ! IUillYe CIOIIPllll'ed tbe t~r•totns ooi>r. ot • reaolutioa ot the ett, C::ouno11 ot t.h• City ot Orono w·U,)('ttie. or1,s.n111 .reoord ♦f 11naob ••u•olut.ioo in the IU.nutee of' tbe . p1"ot=e.edln511 o't aas...a c1,, Cown•U •'&••••tot.as of eaicl Ctt1 co11no11 held Oft~ ... J1~!Y 14 e 1986 • IIUH! that tbe 88H i& a true -~~f', GiH•·reot. OOPJ Of Hid l't80lUt1on 11118 dUlJ adopted bf said City Couacitl at satd •••U•1. . • ·in Witneee Wbereof, I b••• kereunto •et •r band and aeal tbia 22nd · s·" .~111 ot July • 19 86 • .:.~ . . , ....... ;~·· •;:,, -·~-. ,:. ,'· . .. , . .,.. II .. ' I 1 • t 5307193 City of ORO .. 0 RESOLIJTfON OF THE CITY COUNCIL NO. . 2=-0"'"'9'-'8"------ 1 RANs;fEP. ~NTEfU:iD r,u1. or i'tw.:rnr11A, ~ 111!1t1r.ktr,oll!lll; A RBSOLU'!'ION GRANTING A COHI>l'l'l<>NAL USE PERMl'.'l' · HE ro NORICIPAI. ZONING CODE ' -:-:-, -~ SECTION 10.03, SUBDIVISION 19 Mffl..,.«:;...,~;..u--- A VA!UAWCB TO / MURICIPAL ZONING CuDB S'8CTION 10.55, SUBDXVXSXOW 8 PJ:LB 11039 WBBRB..~s, William J. Ulrich {hereinafter "the applicant•) is the owner of the property located at 1535 Bohn's Point Road within the City of Orono {hereinafter "City") and legally described as Lot l, Beth and Bridget (hereinafter "property"); :md WIIBRDS, per Section 10.03, Subdivision 19 the applicant ha~ made application to the City of Orono to permit the insta1lation of an underground 4 inch pipe that would extend into the 0-75 foot lake$hore protected area and a va~iance per Sectlon 10.55, Subdivision 8 land alterations are not permitted within the lAkeahore protected area. wow. "l'BBRBFORB, BB l'!' RESOLVED by the City Council of Orono, Minnesota:· l. This application was reviewed as Zoning File 11~'9• 2. The p:r.·operty is located in the LR-lB Single Family x.akeshore Residential zoning District. 3. The property is approximat'ely 5 acres in area. 4. On August 18, 1986, the Planning Commission action resulted in a split vote. s. ThP approving members based their recommendation on the following fi.ndings: a) An underground pipe cannot be considered new hardcover within the protected area. bJ The applicant proposed appropriate erosion control measures throughout the excavation project creating negligible impact on the lake. ~) The underground pipe will outlet into the protected lagoon and not the main lake. Pagel of 5 <f: .. :.:,-'·· • ... z :,,., ·.··.• •.••. C' ,•••,• • ,, • > • ~ :., • •,, • .,.•, • • L' t .· .. City of ORONO RESOLUTION OF THE CtTV COUNCIL NO.~_L __ _ 6. 'A'he members in opposition based their position on the following findings, a) Applicant has not demonstrated sufficient hardship to allow the excavation within the lakeshore protected area. b) The limitless permitting of this type of system will have an impact on the aequifer.. 7. The Department of Natural Resour~es (Water Appropriations Division) issued permit 86-6178, April 22, 1986, without obtaining the required local unit of government response. The City Council has asked the DNR to schedule an appropriate public hearing to address .he many concerns raised during the review of conditional use permit U039, a permit that would allow the use of underground water from the Prairie Du Chein/Jordan aoquifer for a geothermal heating and cooling system. 8. On November 24, 1~86, Hedia Adelsman and James Jape from the DNR's Groundwater Appropriations Division and Judy Boudreau, DNR Area Hydrologist, appeared before Council to address the City's· concerns ~egarding the proposed use of the aoquifer and the method of discharge. 9. Ms. Adelsman advised that the Prairie Du Chein/Jordan acquifer from 1971 through 1980 has been monitored showing decreased levels at various periods but consistently recovered to remain ~t basically the same level. She advised that there are various wells in the Orono vicinity that ate monitored by the ONR and if an irregularity was to occur that a permit for this type of residential use wou!d be revoked or the conditions of the p~rmit amended at any time. 10. In response to the concern that limitless r~rmits issued by the DNR for such geothermal systems would have major impact on the acquifer, both Adelsman and Japs concurred that there would be concern if they were concentrated in one area but that few residential users would ever be at the applicant's level of use.· Again, they advised of the monitoring network and the ability to revoke such perroi ts at. any time. lJ.. 'J'he DNR advisee the council t.hat the City can always present their ~oncerns or questions to the Department ~egarding any single or mult,iple number of 1)$r:mit& iHued by the DNR. Page 2 of 6 :., ... 1_\i;.:: . . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _20_9_8 ____ _ e City Engineer contacted Roman ~anavetskj, Minfiesota Geological Survey, Gil Gabanski, Twin City Testing &nd M. Schoenberg, U.S. Geolo~ical survey regarding concern for the depletion of the Prairie Du Chein/Jordan acquifer by random application of geothermal heating/cooling systems. Their comments were summarized by Mike Lynch as follows; "These experts indicate that one home pumping an average of 30 gpm of flow from the Prairie Du Chein/Jordan acquifer or even 100 such homes will have essentially no effect upon the acquifer. There is some c~ncern amongst experts and regulating agencies that a concentration of "big uners" may be causing a fluctuation of the groundwater level within the acquifer. One such example is the City of St. Paul water system. This system has caused a noticeable fluctuation in the level of the acquifer due to an immense quantity of groundwater with1rawal from a relatively srngll area. On the otber hand, Townsquare in St. Paul has c::1 geothermal system that pumps at a rate of 1200 9pm without regional depletion of the acquif~~-The usago of the acquifer is currently being regulaten by the DNR and the Health Department4 The popularity of geothermal heating systems for residential propertjes has been dying out the past couple of years as there is no longer an energy credit for their. use and the placement of such a system is generally not cost··effective. 13. The discharge pipe for the geothermal system will enter the lake within a protected lagoon area below the lake level at~ 924.6 elevation. 14. 'l'here will b~ no navigational hazards created for the user~ of Lake Minnetonka because the discharge pipe wi 11 not extend into the main lake area. 15. Neither the vel~city of the discharge nor the temperature of water discharged will hip,a any de-icing effect on the main lake. 16. Ttt3 proposed geothermal system is defined as a closed·systein requiring no additives, conditioners or other chemicals. The quality of the water to be discharged into the lake will not pose a pollution hazard. 17. Dr. Richard Hanson of t.he Fresh Water Biological Institut~ has voiced rnajor concern with the uncontrolled, intense, multiple uses of our groundwater :r:P.serves and strongly recommends that a national policy he formulated providing standa~ds for groundwater uses to assure that we are not creating an irrt"versible crisis. In hi)J letter of Septe11ber 15, 1986. he ravted that he "found it difficult for one city to hav~ a major impact on this issue•. Page 3 of 6 ·•-' ..... ,,, .. -~-•, ............. ~~~~,. ~··""· _.., __ ... ,,.. ... ----~~. ' • • ' •• • -1 •• -• • ,. • • • ~ . ·• : ·-, . , • • • . -.• , :-, •. '_ -JJ• : ~-• . .• L, :,-.. : : ·. : : · ,,~ .. ·, .·· .. , ·,_"· ·:. . . , . . . ·.. . . . . . .. - • • ' •• ·' ' • ~ ., ✓• ' • ••• • • • ~ ' • .... • ,-• ~ ,. • " City of ORONO RESOLfJTIO"I OF THE CITY COUNCIL l"JO. 2099 18. In a letter dated December 8, 1986, Dr. Hanson advjsed the following: I ha~e no objection dibcharging water into a lagoon prior to release into Lake Minnetonka, provided normal precautions against erosion, etc.. are taken. 19. The discharge pipe has been placed to outlet into the lagoon/main lake as opposed to entering the adjacent wetlands because of the following reasons: a) There is a greater chance of the pipes freezing and making the system inoperable. b) There may be greater questions of safety or liabilities if discha1ge weakens ice or creates other hazards within the shared wet la.nds area. The lagoon area is contained within applicant'~ property. 20. The City Cou.1cil finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this 2oning district; that f%auting the variance wo~ld not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as.a convenience to the applicant. but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the sph:it and intent of the Zoning Code and Comprehensive Plan of the City. 21. The City Council finds that g~anting a conditional use permit to allow the installation of an underground drainage pipe for a geothermal heating and cooling system within the lakeshore protected area will not be detrimental to the health, safety or general welfare of the !'.)ublic, would not adversely affect l.ight, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property ·values and that the proposed level of use of the property will be in keeping with the intent and objectives of the zoning Code and Comprehensive Plan of the City. COMCWSIONS, ORDBR Nm CotmlTIONS Based upon one or more of the above findings, th& Orono City council hereby grants a conditional use permit per Municiapl Code Section 10.03. Subdivision 19 to William J. Ulrich to permit the installation of an underground pipe for the purpose of djscharging water from a geothermal heating and cooling system located within the lakeshore protected area and a variance per section 10.ss. Subdivision 8 to pent.it excavation wi~hio the lakeshore protected area subject to the following condition•: . ; ... •,• -------~---~~----------~ . . . ~ . ' . . " ' : ·. ' ' ' ' : : ; ' i: ! ' ; ' ' ~ ':' ; ' / ' : ' ' . : ' ' ' '' ' . ' .. City of ORONO RESOLUTION Of THE CITY COUNCIL NO. -~8 l. Applicant must provide to the City of Orono a copy of the annually renewed permit from the DNR Groundwater Division. 2. Appropriate erosion control measures must he taken during the period of the installation oft.be underground pipe and to confirm with the City staff the timing for the outlet into the lagoon. 3, Applicant must obtain a mechanical permit from the City of Orono for the installation of the geothermal heating ana cooling systP.m. 4. Applicant is placed on notice that the City will act to revoke this permit from the DNR if at any time the public health, safety or welfare is endangered from the discharge of this system or from the placement of this system or from the use of the grouna.water. 5. Authorities grante~ by this resolution run with the property not with th~ applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special coditions of this resolution will expire on that date (December. 8, 1987). 6. Violation of or non~compliance with nny of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any au~~ority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and her.eby agrees to the terms of this resolution and on behalf of himself, his hei ::-~uccessors and assigns, hereby agrees to the recording of~ · ution in the chain of title of the property • . . -,-,.~ Orono City Council on this 8th day of Page S of 6 .• ......... . ,.,,:.•.. ,; .. ~('"''··. _, .·, • t_ .•. _: ' I .. ~. . ,, . . ' . . City of ORONO STATE OF MlN~ESOTA ) ) ss. COUNTY OF HENNEPIN ) On this before me a appeared Rf SOLUTION OF THE CITY COUNCIL NO. 2098 -· -··· ~.1-lA.-/ , 19 8 (o tor said count. personally the peraon(s described :ln and instrument, and acknowledged that his (their) free act and deed. known to ml! to be who executed the foregoing he (they) executed the same as MY COMMISSION EXPIRES STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) On this"'"",::,~.,,..,.-.....,..~-=-day of --"'I"":'~---=-----, 198 , be'fore me a Notary Public within and for said County, personarly appeared known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC [4Y COMMISSION EXPlR8S Page 6 of 6 ··, -~ . . STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy H. Hallin. City CleYk ~r the City of Orono, Hennepin Couhty, Minnesota, do hereby certify that I have compared the fareso1og copy of a resolution of the City Cour,1111 of the City of Orono with t~e original reco~d of such resolution ln the Minutes of the prooeedlngs of aaid'City Council at a meeting of aaicl C1tJ Council hel-1 on Q~cember 8 , 19.§.§._, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Wit~ess Whereof, I have her6unto set my hand and seal this 16th , day of ,:Qecember , 19 ...... 86 ___ _ ( '. 1h.~i~ M., allin,'City Clerk \J ., ... , I 1 5307193 3AUG8716:01 A5307193 oac tt0.00 ..... , Esfv'\T 11111111111 · Doc No 8570256 04l2Sl200S 04:08 PM Certified filed and or recorded-on abo\te date: Office ot the County Recorder Hennepin County, Minnesota Mic:hael H. Cunniff, .County Recoroer Deputy 11 TranslD 109871 Fees $15.00opc $4.SOSUR $10.00NS $29.50 Total ' . ..,-------,--' .: .. ~··------... 1 ' t ,· .;• •• ' ·"j. ~1~ DRAINAGE AND UTILITIES EASEMENT '4,o~ ~I'-'t'ti.. JYl•rd... THIS INDENTURE, made this _4_ day of Je1tlidi.9. 2005, by and between Jacob Holdings of Dobos Point LLC, a Minnesota limited liability company (0 Jacob Holdings"), and Adam T. LaFavre and Kathy LaFav.re, husband and wife (together, "LaFavre''), Jacob Holdings and LaFavre hereinafter referred to collectively as "Orantors", and the City of Orono, a municipal coiporation, hereinafter referred to as "Grantee". WITNESS, THAT Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee., the receipt of which is acknowledged by Orantors, do hereby grant, bargain, sell and convey to· Grantee and its successors, a perpetual . easement for drainage and utility. purposes, including the right t& ·construct and maintain the same, together with ingress, egress and access thereto over, above, under· and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit A wbicll Is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injllllction .. Jacob Ho1dings ~ovenants that it is in fee title to the above property and LaFavre covenants that they have a purchasers interest to the above pl"Ql)erty under contract for deed with Jacob Holdings, and Grantors covenant that they have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Encumbrances and other matters of record Grantors have executed this dogument the day and year set forth above. GRANfORS:· APR 2 5 2005 Doc# 1970276\1 Page 1 of3 ~c_- I • ~ . '\ .. t • ~. ,, STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ..... ·---------------------, · The foregoing instrument was acknowledged before me this__!}__ day of hw q 6 , 200S, by Dennis E. Hecker, the Chief Manager and President of Jacob Holdings ofBohns Point LLC, a Minnesota limited liability company, on behalf of said limited liability company. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _1_ day of M.aah 'ws 200S, by Adam T. LaFavre and Kathy LaFavre, husband and wife. ( GENNIFER LAMAY SMml troTAAY ~• ~sotA l,:Y~Ealilw.lln.Jf.Zfl11 State Deed Tax Due Hereon: This instrument was drafted by: Lindquist & Vennum, P.L.L.P. (KRP) 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2205 Doc# 1970276\1 Page2 of3 ' .. r.-·-·-. I . ~ . .,... . . . . . "· ., -·- Exhibit A Legal Description Real property located in Hennepin County, Minnesota, described as follows: A 10.00 foot wide easement for drainage and utility purposes over, under and across that part of Lot 1,. Block 1, BETH AND BRIDGET, which lies westerly of the northerly line of the southerly 5 feet of said Lot 1, and which lies within S feet on each side of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly Jine of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. Page 3 of3 Doc#l91Q216\I ......... __________ _ IHIIIII IIHIIUII Doc No 85'102t58 04l25J2005 04:06 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, MiMesota · Michael 1-f. Cunniff, County Recorder Deputy 11 TranslD 109871 Fees $15.00DOC $4.50SUR $10.00NS $29.50 Total ' -..... ·-· . -····----------------------------- RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS· a. tk This Restatement of the Beth and Bridget Declaration of Coven~onditions, Restrictions, Reservations and Easements (the "Restatementu) is made as of J :g__, 2005, ~ by the undersigned fee owners of the Land hereinafter described lying in Hennepin County, Minnesota. · Jacob Holdings of Sohns Point LLC, a Minnesota limited liability company ("Jacob Holdings"), is the fee owner, and Adam T. LaFavre and Kathy LaFavre, husband and wife ("LaFavre") are the purchasers under Contract for Deed dated October 8, 2004 with Jacob Holdings, of the real property legally described as follows: Lot l, Block 1, BETH AND BRlDGET, EXCEPT that part of said Lot I which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1 (herein, the "Northerly ParceP'); and William G. Cornelius ("Cornelius,.) is the fee owner of the real properl)' legeUy described as follows: Lot 2, Block 1, BETH AND BRIDGET; ALSO that part of Lot 1, said Block 1, which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said· Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1 (herein, the ''Southerly Parcel'?; (herein the Northerly Parcel and the Southerly Parcel are referred to together as the "Land" and individually as the "Parcel" or "Parcels,'). Jacob Holdings, LaFavre and Cornelius are collectively and sometimes individually referred to herein as the "Oeclarant". ,The Land is subject to the provisions of the Beth and Bridget Declaration of Covenants, Conditions, Restrictions, Reservations and Easements dated April 15, 1987 and filed May 12, 1987 as Document No. 5266530, Hennepin County Recorder, Minnesota (the "Original Declaration"). The Land is shown on the survey attached hereto as Exhibit A. It is the intention or Declarant that the Original Deelaration, including an covenants, comlitions, restrictions, reservations and easements contained therein be, and they hereby are, terminated. This Restatement restate, and replaces in its entirety the Original .Declaration. Declarant desires to impose upon, and subject the Land to, certain covenants, conditions, restrictions, reservations and easements for the benefit of the. Land and its present and future owners. Accordingly, Declarant hereby declares, imposes upon and makes each of the Parcels subject to the following covenants, conditions, restrictions, reservations and easements (the "Covenants") which shall operate as covenants and restrictions passing with the conveyance of each Parcel and shall apply to and bind the Declarant as to the Parcels. and to each ~nd every successor in interest to the Declarant. /.1,v. ('IA.el-r,· « e.... 4-~\.{'f &--J. 3c,117Y Doc# 1174816\1 • ARTICLE l Land Use Section 1. Land Use. Each Parcel shall be used solely for residential purposes. No structure of a temporary character and no vehicle, boat, or the like, the foregoing .to include but not be limited to trailers, tents, garages or boat houses, shall be used on any Pawel at any time as a residence either temporarily or pennanently. Section 2. Maintenance. AU buildings on each Parcel and each Parcel shall be maintained by the owner thereof in good order and repair. ARTICLE2 Covenants Burdening the Northerly Parcel • For the Benefit of the Southerly Panel Section l. Burden/Benefit. The following sections of this Article 2 create certain . covenants, conditions, restrictions, reservations and/or easements which burden the Nonherly Parcel and are for the benefit of the Southerly Parcel. Section 2. Bujldjng Restriction. The Northerly Parcel shall be burdened with a restriction prohibiting the construction, placement or the like, of any building, structure, fence, or the like, over, on or within the Southerly 40.00 feet of said Northerly Parcel (see depiction thereof on attached Exhibit A described as "Proposed 40' No•Build Zone"). Section 3. Driveway Easement. The Northerly Paree] shalJ be burdened with an easement for ingress, egress and driveway purposes for the benefit of the Southerly Pawel over and across that part of the Northerly Parcel lying southeasterly of the following described line: Beginning at rs point on the ea$t line of the Northerly Parcel distant 4.00 feet North of the southeast comer of said Northerly Parcel; thence southwesterly to a point on the south line of said Northerly Parcel distant 4.00 feet westerly from the southeast comer of said NortherJy Parcel and said line there ending. Section 4. Tree Preservation Covenant. The Northerly Parcel shall be burdened with the restriction that no evergreen trees shall be cut down or substantially truncated within the southerly 50.00 feet of the Northerly Parcel, and no mature living healthy trees may be cut down or substantially truncated within the southerly 25.00 feet of the Northerly Parcel. This restriction shatl not prohibit the appropriate trimming of deciduous trees in a reasonable manner. · Section S. Tennis Court Location Restriction .. A tennis court with fencing shall be anowed on the Northerly Parcel, but any such tennis court with fencing shall at all times ·be located only over that part of the easterly 285.00 feet of the Northerly Parcel, which lies North of a line drawn parallel with and 2S.00 feet North of the south line of the Northerly Parcel. Section. 6. Scenic View Easement. The Northerly Parcel shall be burdened with an easement for maintaining a scenic. view for the benefit of the Southerly Parcel over that part of the Northerly Parcel, lying southwesterly of the following described line: 2 Doc# lf748l6\I Commencing at the southeast comer of Lot 1, Block 1, Beth and Bridget; thence . on an assumed bearing of North 89 degrees 40 minutes West along the southerly line of said Lot 1 a distance of 305.00 feet~ thence South 67 degrees .20 minutes West a distance of22.00 feet to the point of beginning of the line to be described; thence North 55 degrees ·40 minutes West to the shore of Lake Minnetonka and said line there ending (said scenic view casement is depicted on Exhibit B which is attached hereto solely for the purpose of depicting the same). No buildings. fences or other structures (including docks) shall be constructed or placed within the scenic view area, and the owner of the Southerly Parcel may enter the scenic view area to cu(i trim or otherwise remove trees, shrubs and plants which interfere with the view from the Southerly Parcel over the scenic view area to Lake Minnetonka. ARTICLE.3 Nuisances and Animals Section L Nuisances. No noxious or offensive activities shall be carried on upon any Parcel, nor shaU anything be done thereon which may be or may become an annoyance or nuisance to any Parcel owner. Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Parcel, except that dogs, cats or other common oousehold pets may be kept, so Jong as they are not kept, bred or maintained for any commercial purposes, and are maintained in accordance with applicable law and ordinances. ARTICLE4 Garbage and Refuse Disposal No Parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitacy containers out of view from roads and adjacent houses. No outside garbage and/or refuse burning or burning apparatus shall be pennitted. ARTICLES Outdoor Storage Section 1. Outdoor Storage. There shall be no permanent outside storage of any type of vehicle or recreational equipment, including, but not limited to, camping trailers, motor homes, snowmobiles, motorcycles or motorbikes. For purposes of this Se·ction "permanent" shalf mean storage for more than a four week period. Any storage of any type of watercraft shall be either at a boat slip at a dock located and installed in confonnance with ordinances, rules and regulations of the Department of Natural Resources, Lake Minnetonka Conservation District and the City of Orono, or only on the northerly one-half of said Northerly Parcel, or only on the southerly one• half of said Southerly Parcel, measuring the said one-half from the mid-point of the easterly line of each of the said Parcels to the mid-point on the shore of Lake Minnetonka of each of the said Parcels, equidistant from the respective Jot lines of each Parcel. 3 Doc# l8741U6\I ' . · ARTICLE6 General Provisions Section 1. ~-"Owner'• shall mean and refer to the Declarant and to the record owner, whether one or more persons or entities, of the fee simple title to either Parcel, but shall not mean or refer to the mortgagee of either Parcel unless and until such mortgagee has acquired title pursuant to foreclosure of its mortgage and the period within which the fee owner may redeem from such foreclosure has expired. In the event either Parcel is sold by the Dec1arant or a subsequent owner by a contract for deed to a contract purchaser. the contract purchaser shall be considered the "Owner't of the Parcel upon recording the contract for deed evidencing the sale to such contract purchaser. Section 2. l)uration. The conditions, restrictions, reservations, easements and covenants of these Covenants shall run with and bind the Land and shall inure to the benefit of and be enforceable by the owner of each Parcel and their respective legal representatives, heirs. successors and assigns, in perpetuity. Section 3. Enforcement. The owner of each Parcel shall have the right to enforce, by any proceeding at law or in equity all tenns and conditions of this Restatement. In view of the purposes of this Restatement and the unique characteristics of the Land, it is acknowledged that money damages to any Owner in the event of a violation of any of the terms hereof would be inadequate due to the irreparable and immeasurable hann done thereby, and, accordingly, the Owner of any Parcel, including the Declarant, shall have the right, in addition to any other remedies available at law or in equity, to appfy for and receive from any court of competent jurisdiction in the State of Minm1sota, equitable relief by way of restraining order, injunction or otherwise, prohibitory or mandatory, to prevent and enjoin a breach of the tenns and conditions of this Restatement, or by means of specific performance to enforce performance of the terms of this Restatement and including ttle obligation to restore the Land to as near to the~ QYQ as is possible. If successful, the party seeking enforcement of the terms hereof shall be entitled to recover from the party violating the tenns of this Restatement reimbursement for all costs and expenses of litigation, including reasonable attomeys 1 fees, witness fees, service of process fees, expert fees, and any other costs incurred iri securing such relief, Section 4. Severability. Invalidation of any of the provisions hereof by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect, Section 5. Amendment. This Restatement may be amended only by a written instrument signed by an of the Owners of the Parcels. Section 6. ~Qunummrt§. This Restatement may be executed in any number of counterparts with the same effect as if each Declarant executing hereto had.signed the same document. All counterparts shall be construed together and shall constitute one instrument. {Signature Pages Follow} 4 Doc# 181481611 .. -~- ~ . SIGNATURE PAGE FOR THE RESTATEMENT OF THE BETH AND BRIDGET . DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERJ'ATIONS AND EASEMENTS DATED AS OF ./dNf/JfR¥ ..i., 2005 ~~ In confinnation of the foregoing Restatement. the undersigned has caused this Restatement to be executed as of the day and year fll'St above written. JACQJ! HOL]!ING~; JACO INGS OF BOHNS POINT LLC Denn s E. Hecker Its Chief Manager and President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_!}_ day of /hur6 . 2005, by Dennis E. Hecker, the Chief Manager and President of Jacob Holdings ofBolms Point LLC, a Minnesota limited Iiabi!ily compally, on / of~ limited liabilily company. r s Doc# 1874816\l JEAN G SCHUWT PJOTAR" PUIIUC•MIIHU01'A. "1) ~ E'lqllllll 011$112D10 • I SIGNATURE PAGE FORTHE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS:, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS DATEDASOF~ ~ .• 2005 In confirm.ation of the foregoing Restatement, the undersigned has caused this Restatement to be executed as of the day and year first above written. LAFAVRE: .... c:::;~:;,,~;a;:at~~------...--- Adam T. LlFavre STATEOFMINNESOTA ) ) ss. COUNlY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _1__ day of ~k"G') . 2005, by A~ T. LaFavre and Kathy LaFavrc, husband and wife. 1 3 . Ii G :;::.~~~~!" N ~fi!J~ ~~Jan. 31, 2007 0 lC 6 Doc# 1874816\1 ... SIGNATURE PAGE FOR THE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS, CONDJTJONSt RESTRICTIONS, RESERVATIONS AND EASEMENTS DATED AS OF J.,~= ½ 2005 In confirmation of the foregoing Restatement, the undersigned has caused this Restatement to be executed as of the day and year first above written. CORNELIUS: ~4· STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . ~ The foregoing instrument was acknowledged before me this~ day of 1'\Mlkl , 2005. by William G. OJmeliu,, a single peruin. ~ taryPublic THIS INSTRUMENT WAS DRAFfED BY: Lindquist & Vennum (KRP) 80 South Eighth Street, Suite 4200 . Minneapolis, MN 55402 (612) 371-3211 Doc# 1874Sl6\I 7 r/\··:-:.\ INGRID BREDESON. \~ f ,-NOTARY PUBLIC• IIINN&SOTA ·~S ... • I.Ir Co•nm; l!•plru JI/Ill,"• 2010 .. . · i I. I ... ··-···-·-•-···· ------------------------------. CONSENT OF MORTGAGEE The hoJder of that certain Mortgage dated -----,-.--,,., and filed on _________ as Document No. ----..,.,--in the original amount of $ _______ hereby consents to the foregoing Restatement and agrees that said Mortgage shall be subordinate to the Restatement. By __________ _ Title ----------- State of ______ ~ ) ss. County of _____ _, The foregoing instrument was acknowledged before me this _ day of __ _. 2005. by _____ _, the ________ of _______ __. a on behalf of the __________ ..., --------· Notary Public 8 Doc# 1874816\l I I I. I I ... . . r-4 > ~ t:t:J ~ -z z t=J ., 0 I z I ~ > I I I ( .... ··-···-·--·-·------------------------,.-----------, ... \ . fJtt4IB/T JS ,-. l&11i--.~&Ma~ •~ -t-k .. !Se+"-._-4 B.-i~i l>t~\•r•+i_~ .. BOHN,.S POINT ADD.ITiON ------~--~~~-i ______________ _ -i>:.~"" »lillf( ::: I I I I ct .. ~ :. : ~-~ I Q. D I K. I I,, j ;• ~ .J ~· 'llodul-,J1• ~~ ,t 4#:91Alrael4w>'W( .JI. ~ To't.,,T ~ _,,_ ... ..,,· \ ~ .z.... .... . I rr----E--·-----------.. ·-~--------------- i JU.II ISi /\ud. Sub: No. 3·49 "'~ ,_if ~~o Sc~,;.--c--in ~ oo.,notes Iron monument Bearing• show11 tt~• ou11111•d Coffin 6 Gronberg, Inc. Engineer•• Lond Surveyon, Planners .{ (. ----------~----------..... ---·· .. .r- ... . :,, .. ··-··-...... ·------------------------------, Ill U 111 IIIH II M 111 Doc No 8946189 03/06/2007 02:21 PM Certified filed and or recorded on above date: Office of the county Recorder Hennepin County, Minnesota Michael H, Cunniff, County Recorder TranslO 295408 Deputy3 Fees $35.50 DOC $10.50 SUR $2.00COPY $48.00 Total ,~'- I I L ' . . .. Pursuant to Minn. &at. §514.08, Sub:!. 2, By Corporation or Pa!1llenhlp MillroDavi• Co. C SL Paul, MN 651•1142-1988 Mianosata Unifonn Convcyanelng 811111kt (8124195) Date: March 5, 2007 The undersigned hereby gives notice to the public and states as follows: 1. 1 am acting at the instanee of the lien claimant, Grazz:lfil Brot~ers & Company a Corporation wder the laws of the State oftmeso a as its Attmney-:ln-fact 2. The Lien claimant hereby gives notice of intention to claim and hold a lien upon the land in Hennepin ___________ County. Minnesota, de.scribed as follows: PlD l 08-117-23•44•0023 ',, .. • Lot No, 001, Block No; 001, Beth and Bridget Addition (If llllll'e space h -.led, C<llldmle Oil bad:) . 3. The name and mailing address (and license number, if applicable) of the lien claimant is: Grazzini. Brothers & Company lt7S Eagan Industrial Road, Eagan, MN 55121 4. The amount of the lien claimed is $42,059 I 9 & fees &·•c'oDt~ and is due and owing 10 the lien claimant for labor performed or skill, material or machinery furnished to the land. 5. The lien claimant did or supplied the following: Labor and Materials 6. The lien -•ii contribution to the improvement wa, performed or furnished from __ 1 ' ..... J .... .f ""'\ ~ ... l~fX .... p...._ __ to \Jhi~JQ( n , for or to the following person(s): (date or llm item) (date o(lul UBm) \~\\.'< ¥,._~~,'\>~ 'o/ ().(\-1'W) ~Q..\jYt.., 7. The name of the present owner of the land according to the best information lien claimant now bas is: Adam & Kathy Lafavre 1535 Bohns Point load Wayzata, MN 55391 8. Toe lien claimant acknowledges that a copy of !his statement must be served personally or by certified mail on the owner, the authorized agent of the owner or the person who entered into the contract with the lien claimant within 120 days of doing the last W-Otk or furnishing the last item of such skill, 'al or machinery. 9. Notice as required by Minnesota Statutes Section 514.0l STATE OF MINNESOTA COUNTY OF .... n ..... ak..,o .... t..,.a...__ ____ __,, Jacqueline M, Boeke Attorney n Fact of the lien claimant in l!Jeil\Vltb.lfl stated in the statement. This statement is made at the knowledge. Jacqueline M. Boeke Grauini Bnithers & Company 1175 Eagan Industrial. Road Eagan. MN 55121 6th (Yrar) .- 11111111111111111111 Doc No 9190235 10/08/2008 01 :01 PM Certified filed and or recorded on above date: Office· of the County Recorder · Hennepin County, Mtnnesota Michael H. Cunniff, County Recorder TranslD 446916 Oeputy26 Fees $35.50DOC $10.50 SUR $46.00 Total . ..,... · .. ,_ ~.' .- ASSIGNMENT OF MECHANIC'S LIEN PLEASE TAKE NOTICE, Grazzini Brothers and Company, a Mirmesota corporation, as assignor, hereby sells, transfers and assigns to Old Republic National Title Insurance Company, as assignee, that certain Mechanic's Lien Statement dated March 5, 2007, in the amount of $42,059.19, and which was filed in the Office of the County Recorder, Hennepin County, Minnesota, on March 6, 2007, as Document No. 8946189, and that assignor has all right, title and interest to assign said Mechanic's Lien Statement. GRAZZINI BROTHERS AND COMPANY Dated: 9/JtJ , 2008 STATE OF MINNESOTA ) ~ ·)$$. COUNTY OE ~/1,v) ~ The foregoing instrument was acknowledged be~e !"• this .iJ6 :{Aday of b,, 2008, by Rtf fl:&d/!, '41:t the~Grazzini rather( and Company, ~M~corpo~n:on behalf of the corporation. •.. THIS INSTRUMENT WAS DRAFTED BY: Katherine M. Melander, Esq. Coleman, Hull & van Vliet, PLLP 8500 Nonnandale Lake Boulevard Suite 2110 Minneapolis, MN 55437 Our File No: 1698.171 IIUll 11111 rn11111 I Ill Doc No 9062562 11/08/2007 02:33 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 354766 Deputy65 Fees . $35.50DOC $10.50SUR $46.00 lotal ' ✓ ---~,,.....-----~~------------------------··------·--,-· .. ··•· .. ,,.. ' STATE OF MINNESOTA COUNTY OF HENNEPIN FJJ.ED PSI. DISTRICT COURT o7 HOV -8 PM 2: 15 FOURTH JUDICIAL DISTRICT Grazzini Brothers and Company, a Minnesota corporation, Plaintiff, vs. Adam T. LaFavre and Kathy LaFavre, husband and wife; First Minnesota Bank, a Minnesota corporation; Mortgage Electronic Registration Systems, Inc., a Delaware corporation; Jonathan Sandberg d/b/a Outdoor Designs and Service; John Doe and Mary Roe; XYZ Corporation; an:d ABC Partnership, Defendants. · Case Type: Lien Foreclosure · Court File No. ---- NOTICE OF LIS PENDENS NOTICE IS HEREBY GIVEN by Grazzini Brothers and Company, a Minnesota corporation, the plaintiff in the above-entitled action that is pending in the Court above•named, with the purpose of said action to foreclose a mechanic's lien. Grazzini Brothers and Company is a mechanic's Hen claimant and pJaintiff in the above-entitled action, is seeking to establish and forec1ose a mechanic's lien of record in the office of the County Recorder of Hennepin County as Document No. 8946189 on March 6, 2007, which mechanic's lien is based upon the construction or improvement of the premises described in the Summons. YOU ARE FURTHER HEREBY NOTIFIED that this action is one to enforce and foreclose a mechanic's Hen for the sum of Forty Two Thousand Fifty Nine Dollars and 19/100 Dollars ($42,059.19) with interest thereon at the contractual rate, and Plaintifrs costs and disbursements incurred herein, including reasonable attorney's fees, on a parcel of land in Hennepin County, Minnesota, described, to wit: Metro Legal Services Inc. Box491M.~ ··~ Lot 1, Block I, Beth and Bridget, EXCEPT that part thereof which lies Southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, according to the recorded plat thereof, and situate in Hennepin County, Minnesota for labor and materials furnished in the following improvement thereof, to-wit: labor and materials to install certain tile, granite and marble on the premises. This case may be subject to A1temative Dispute Resolution (ADR) processes under Rule 114 of the General Rules of Prac1ice for the District Courts. The Court Administrator or your attorney can provide you with information about ADR options and a list of neutrals available in your area. ADR does not affect your obligation to respond to the Summons and Complaint within 1wenty (20) days. Dated: November~. 2007 THIS INSTRUMENT WAS DRAFTED BY: MACKALL, CROUNSE & MOORE, PLC (SAW) 1400 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402 SA W/djs/S91 I 92v I 2 MACKALL. CROUNSE & MOORE, PLC Stacy A. Wo ds (#261658) Attorneys for Graz mi Brothers and Company 1400 AT&T Tower 901 Marquette Avenue Minneapolis, MN 5 5402 Pb. (612) 305-1400 '\, 111111111111 Ooc No 8768291 03l23l2000 03:32 PM Certffied flied and or recorded on above date; Office of the Cottrity Recorder Hennepin County, Minnesota Michael H. Cuooiff, County Recorder Deputy 5 TranslO 202567 Fees $35.50 DOC $10.SOSUR $46.00 Total MECHANIC'S LIEN STATEMENT Date: March 22, 2006 The undersigned hereby gives notice t11 tlte public and states IIS follt>ws: 1. Construction Lien Experts Inc. is acting at the instance of the lien claimants, JONA THAN SANDBERG D/B/A OUTDOOR DESIGNS AND SERVICE a SOLE-PROPRIETORSHIP ooder the laws of the State of Minnesota, as its agent. 2. The lien claimant hereby gives notice of intention to claim and hold a lien upon the land in HENNEPIN County~ Minnesota, described as follows: LOT 1, BLOCK l, BETH AND BRIDGET Property ID No. 08-117-23-44~0014 Comm.only described as 1535 Bohns Point Road, Orono, MN. The name and mailing address of the lien claimant is as follows: JONATHAN SANDBERG D/B/A OUTDOOR DESIGNS AND SERVICE l 625 5TH STREETS HOPKINS, MN 55343 LICENSE NO.BC-9096 3. The amount of the lien claimed is FOURTEEN THOUSAND Nfllffi HUNDRED FORTY-ONE DOLLARS AND 00/ 100 ($14 ,94 LOO) with interest thereon from the time the underlying obligation arises and is due and owing to the lien claimant for labor perfonned or skill, material or machinery furnished to the land. 4. The lien claimant did or supplied the following: LABOR AND MATERIALS FOR LAKESIDE PERGOLA 5. The lien claimant's conf;ribution to the improvement was performed or furnished from the l 7TH day of OCTOBER, 2005 to the 23RD day of NOVEMBER, 2005 for or to the following person(s): BEVER AND SONS LANDSCAPING 6. The name of the present owner(s) of the land according to the best information the lien claimant now has is: ADAM LAFAVRE AND KA THY LAFAVRE. 7. The lien claimant acknowledges that a copy of this statement must be served personally or by certified mail on the owner, the authorized agent of the owner or the person who entered into the contract with the lien claimant within 120 days of doing the last work or furnishing the last item of such skill, material or machinery. 8. Notice as required by Minnesota Statutes S<:ction 514.011 (2), if any, was given. JONATHAN SANDBERG O/8/A OUTDOOR DESIGNS ANO SERVICE requests timely notice by mail to the above address of any foreclosure of mortgage against ~is property whether by advertisement or action or v.oluntary agreement. Minn, Stat. §§ 580.032, 582.032 and 582.32. JONATHAN SANDBERG O/B/A OUTDOOR DESIGNS AND SERVICE By and through its authorized agent, Construction Lien Experts lne. By its agenIT E. Shackle Signature:~~~ STATE OF MINNESOTA COUNTY OF ANOKA Coll~n E. Shackle, being first duly sworn upon oath, deposed and says: l. I am over the age of majority and have knowledge of the facts stated herein and am competent to testify thereto. 2. This Mechanic's Lien statement is made at the instance of JONATHAN SANDBERG D/B/A OUTDOOR DESIGNS AND SERVICE who have authorized Construction Lien Experts Inc. to act as their agent in this matter. 3. The affiant is a duly authorized agent of Construction Lien Experts Inc. ,j 4. This Mechanic's Lien statement was served on ADAM LAFAVRE AND KATHY LAFAVRE the owner(s) and/or owner's agent(s) therein named, by mailing to said person(s) a copy thereof by certified mail, enclosed directed to said person(s), at the lastknow address(es): ADAM LAFAVRE AND KATHY LAFAVRE I 535 BOHN POINT ROAD WAYZATA, MN S5391 FURTHER YOUR AFFIANT SA VETH NAUGHT. Construction Lien Experts, Inc. 2520 Coon Rapids Blvd NW Suite 240 Minneapolis, MN 55433 Tel: (763) 585-8660 Fax: (763) 561-9456 ~y/,kb- coueen E. Shackle SUBSCRIBED AND SWORN TO before me this 22ND day of MARCH, 200~. Not lie Jo the State of Minnesota My commission expires January 3 I, 2008. JOANN L ALMEN Notary Pubfic . Minnesota MyCoomssion E,q)irl)$ ,lcm.31, 2008 l -r .. Ill m 1111 IIIIHI 111 Doc No 9060225 11/02/2007 01:52 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslO 353291 Deputy 18 Fees $35.S0DOC $10.50 SUR $46.00 Total (' ' i;, '• -r"' ·-Prepared by: recording requested by, and return to: Jerome M. Jehn Builder's Millwork, Inc. 840 N. State Rd 37 Mondovi, WI 54755 (715)926-3833 (715)926~33)2 Fax ···········Above this Line (or Official Use Only•---~···· \'\. . '( -STATEMENT OF LIEN-CORPORATION Vy (M.S.A. § 514.08) COMES NOW, Builders Millwork, Inc., as party which has suppJled labor, skill or material for the improvement of property and would state as follows: 1. 2. 3. 4. 5. 6. 7, 8. 9. 10. The undersigned corporate lien claimant hereby provides notice of the intention to claim and hold a lien in the amount of $22,565.90. Said amount is due and owing to the undersigned for labor performed, or the skill, or material, or machinery furnished, specifically: Supplied miscellaneous millwork, wood doors, a11d wood frames to the property located at 1535 Bohns Point Rd, Orno MN 55391. The name of the claimant is Builder's MHlwork, Inc., 840 N. State Road 37, Mondo.vi, WI 54755. Labor, skill> or materials provided to Adam T. LaFavre and Kathy LnFavre, 1535 Bohns Point Rd, Omo MN 55391. Labor, skill, or material was first provided on March 14, 2007. Labor, skill, or material was last provided on October JO, 2007. The property to which the above was provided is described as: {N 1 LOT I, BLOCK J, BETH AND BRIDGET ADDITION, LOT 1, EXCE~AT PART THAT LIES SLY OF A LINE BRG S 73 DEG 02 MIN 33 SEC W FROM THE ANGLE POINT ON THE SLY LINE OF SAID LOT I THE WL Y SEGMENT OF SAID SLY LINE HAS AN ASSUMED BRG OF S 67 DEG 20 MIN 00 SEC W. On information and belief, the above-described property is owned by Adam T. LaFavre and Kathy LaFavre, 1535 Bohns Point Rd, Orno MN 55391. The undersigned Hen claimant's post office address is 840 N. State Road 37, Mondovi, WI 54755. The_ lien claimant hereby acknowledges that a copy of thls statement was served personally or by / certified mail within the 120-day period provided by the Minnesota Code on the owner, the _ g9' I:) . ·,Q~ t • ♦ .., • -~ -... owner's authorized agent or the person who entered into the contract with the contractor as provided herein. I I. The notice as required by Section 514.0l 1, subdivision 2, of the Minnesota Statutes Annotated, if any, was given. STATE OF WISCONSIN COUNTY OF BUFFALO This instrument was acknowledged before me October 22, 2007, by Jerome M. Jehn as -Vice President of Builders Millwork, Inc. . . ;·::'.-. ....• ~-:·•~ .. • I-... • .... . 4•• :-.. f' ••••••L . '.. .. -'. •• • : 1ft' I I, ' ~ 'i. t.. .. . . .... . . .. • ; r • : . : .... ,.-.;,. ~ ..... .. ... :· .. . . • .. ,,,. . ' . ' ,,. ! .. , ...... #• •' 13 2008·., ' •.. -, •.. ·. ' ... ··-·••1tt-••"' ... -,,,. • r• A'; • ' .. ,.,, .... . "'··•-t•··' Jane Sch ·uz, Notary Puhl State of Wisconsin My commission expires Apri 11111111 HI II ill 111111 Doc No 9208129 11121/2008 12:26 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 456094 Deputy 52 Fees $35.S0DOC $10.50 SUR $46.00 Total I I __ .,. SHERIFF'S CERTIFICATE OF SALE AND FORECLOSURE RECORD MORTGAGE DOCU.MENT #8892678(A) DRAFTED BY: WILFORD & GESKE, PA 7650 Currell Blvd., Suite 300 Woodbury, MN 55125 (651) 209-3300 CLIENT ID: 054950-29595 Metro Leoal Eer,ices Inc. ,. Cc}{ 43·1 S1'AT£OFMINNESOTA ) (SS. C?U-11Y OFH_ENN~E:£....-) NOTICE OF MORTGAGE l'ORECLOSUlU\l SALE -NOTICE IS HEil.ERV GIVEN that de£ault iuu, OCCl1ffild in the cooditione of th& followintJ de• oonoed m~: DATE OF MORTGAGE: October 23, 2006 ORIGINAL PRIN'CIPAL AMOUNT OF MORTOAOE: $8,000,000.00 . MORTGAGOR(S): Ad"m T. LaF\wre ""d Kalh;i, LaFavre, Hus- buld and Wl!,e MORTGAGEE: Mort1a110 Else• tro1>ic ~ S)'olemo, lac. DATE AND PLACI!. OF RE· CORDING: Recorded: NCM!mber l!i, 2006, Hennepin Colltllf Ile· corder, Do.:umont 11: 88926'18 Transaction A!Jent : Mortgate Electronic Regiat.n.tlou Systems, loc Tr11iuac1ion Agent Mortgagti: Jd,uHiflcation Number : 100133700017194!162 Lender or Brcker : COU11teywide Bank,N.A. Residential Mortgage Serw,er : COW1b7Wide Hom., L<iana, Ina Mortgnge O~tar: Not Appll- C9ble LEGAL DESCRIPTION OF PROPERTY: Lot 1, Block 1, Beth and l3'1dg41, EXCEPT that l>"r!. t.lu>reof whi£h lies Southerly of " lli>t, drawn "" " """1i!lll' of South. 73 degrees 02 """"tee 33 .-mis Weut from the an• gle polnl. in tho Southnly It,,,, oCaald t..,t l, -~ a l,ea,- ing 1-io of South 67 degrees 20 mlnutea Wou !bt Iha WM\- wly oegmeot of 118.id Southerly 11.w, or Lot 1, o«t>r<li!IB to Ute n><:onled plat tluuioo( and 1itu• ate In HJ"""J)ln CounLy, Mltt- n...o\11. COUNTY IN WHIOH PROP- ERT'I IS LOCATED. Hennepin Pro9<>rty Addro.,. : 1636 l3ohns "'Int Road Orono, MN 65391 Taz Parcel ID No ; OS.ll?-1!.'l.U.OO'J.a AMOUNT DU£ AND CLAIMED TO BE DUE AS OF DATE OF NO- •TICE: $6,605,530.93 THAT all,pr6-l'wecl"""'° requl..,_ m,in\.9 hav• boen eo,nplied with; I that no aotlon er proceeding has bee,\ lnbUtuwd al law or othe<Wise to reoover the debt oecund by aaid m~ or any part 1hettOf, PURSUANT to the pow4" ol oale contained in eafd n,ortgag,e, tho a.bov,, deocrlbed prope,ty wUI be :f~: the Sheriff" of taid COUl'.lty u DATE AND 'l'IME OF SALE: No- Yesttber 20, 2008 J:00 P.M. PLACE OP $ALE: Her,n.,pln County Sherifl'1 Offi.<:e, Cl..U DM· aion. Room 801 Oouriho:uee-, 350 South 6th Strtet, MlnneapolliJ, MN !!MUI to pay UHi deb& secul'<ld b7 aaid ~ and tru<es, If ""1, on laid PNlmiles ead the ~ and di•• b11n1•m•nt1, lnoludlng attome7• floes allowed by law, $1.lbiect to re- de,npUoa within e .,,,,.,.u.., from d:ta date of aid uJo by the ~ o,(s), ~ pe-..1 represen- or~) tele6sed fram flnaa. cial ob]Jptloll! NONE THIS COMMUNICATION IS FROM A Dl!B'l' COLLECTOR AT• TEMPTING TO COLLECT A DEBT. ANY INPORMATION OB- TAINED WILL BE USED FOB THAT PUBPOSE. . Tm! RlCHT TO VERIFICATWN 01" THil: DEBT AND IDl!NTlTY OF THE ORtOINAL CREDITOR WITHIN TiiE TIME PROVIDED BY LAW rs NOT AnBCTBO BY THIS ACTfON, THE TIME ALLOWED 8Y LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTOAO. OR'S PERSONAL REPRESENTA• TIVES OR ASSIGNS, MAY BB RE- DUC&D TO PIVE WEEKS IF A J'UDlC!AL OIU>RR IS EN'l'ltlU!D UNDER MINNESOTA STAT• ~ON .683.032. DETER- M'C~IN O, AMONO OTREf{~· THINGS, THAT THE MORT• GAGED PRll:MISES ARS IM• PROVED WITH A RESIDEN'l'IAL AFFIDAVIT OF :PUBLICATION Carrie Rctzack , being duly sworn on oath say die/he 1111d during ell times herein stated h8$ been too publisher or the publishei's deslgnated agait in charge oflhe ne1Mpaper known as FINANCEANDCoMMERCE and has full knowledge of the facts herein Sfated as follows: (A) The newspaper ha, complied with ell of die requirements oonstilllting quelif!C81ions as a I~ ~aper, as provided by Minnesota Statutc 33JA.02, 811d 33 IA.01, and other appl i• cable Jaws, as amended. (B) Shl'Jl-lc furtfur s111~ on oath that the printed Mortl!!AA Foreclosure Sale 22180312 .1 hereto attached 83 part hereofwasclll from theoolumns of said newspaper, and was printed and published therein in !he English language; that it was lint so publi.shed on .;.... ____ ..,.O.,,.ctob"""r"",-"ro.,._.20=08.__ ____ for __ ~ _____ times(s); the subsequent dates of publications bcing 83 follows: Friday, 10/lonD0S Friday, 10/17/2.008 Friday, 10fl4fl008 Friday, 101Jtnoos Friday, 11/07/2008 And that !he follo~ng Is a printed eopy of the Iowa case alphabet from A IO Z, both lncll- slve, and Is hereby llclmo\\fedged as being the siZI: 811d kind of type used in the oomposl- lion and pubUcallonofsald notice, ID wil; __ abedefghijklamopqntuvwxyz Subscribc:d 1111d Sworn to before me this-'7-"th"--_ day of _ _.::;_..1.N,,,o:.,.,vem.....,,,b,.,cr""'' 2..,008""'------ ~-,..t-~ bl' ' Co (Notarilll Seal) NOl81}' Pu 1-, Hennepin unty, I RATE INFORMATION: I. Lo~ clai.11ifled ratepald by commercial users for comparable space: 2. Maximum rate allowed by law for the above matter. 3. Rate actually charged t'or ,he above matter: J.25000 l.410J4 1.28213 Ii-'O.J!!"'~•·tN'l-fJ'f..'J',"A..'l'P/\"f"~-------------------------------------'"" r, ' . L STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON ) AFFIDAVIT REGflRDING MINN. STAT. §580.041 Lawrence A. Wiford/James A. Geske/Eric D. Cook/David R. McCalip/Chrlstina M. Weber/ Caittin R. Dowling/Michael R. Sauer/Robert Q. V\lilllams being first duly sworn on oath deposes and states as follows: (check one) D That the notice required to Minn. Stat. §580.041 has b~n delivered in compliance with said statute. or ~ Minn. Stat §580.041 is not applicable because the property described in the notice of foreclosure did not consist of one to four family dwelling units, one of which was occupied by the owner as the owner's principal place of residence. Further your affiant saith not Subscribed and sworn to before me this J1._ day of A!lJeml?er)ooe File 1029595 STATE OF MINNESOTA AFFIDAVIT OF VACANCY COUNTY OF HENNEPIN METRO LEGAL SERVICES Marshall D. Bolin, being duly sworn, on oath says that on October 18, 2008 he went upon the land and premises commonly known as 1535 Sohns Point Road, Orono, County of Hennepin, State of Minnesota, and described in the attached Notice of Mortgage Foreclosure Sale; Homestead Designation Notlce; Help for Homeowners in Foreclosure Notice; and Foreclosure Advice to Tenants Notice for the purpose of seiving the attached Notice of Mortgage Foreclosure Sare; Homestead Designation Notice; Help for Homeowners in Foreclosure Notice; and Foreclosure Advice to Tenants Notice; that on said day and for sometime prior thereto, said premises were and have been vacant and unoccupied. Subscribed and sworn to before me on _J ..... D_PZ ........ 2 __ ..... __ .2008 951500-1 RE: 054950-29595 HOMESTEAD DESIGNATION NOTICE "IF PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE, YOU MAY DESIGNATE AN AREA AS A HOMESTEAD TO BE SOLD AND REDEEMED SEPARATELY. YOU MAY DESlGNA TE THE HOUSE YOU OCCUPY AND ANY AMOUNT OF THE PROPERTY AS A HOMESTEAD. THE DESIGNATED HOMESTEAD PltOPERTY MUST CONFORM TO THE LOCAL ZONING ORDINANCES AND BE COMPACT SOTHA TIT DOES NOT UNREASONABLY REDUCE THE VALUE OF THE REMAINING PROPERTY. YOU MUST PROVIDE THE PERSON FORECLOSING ON THE PROPERTY, THE SHERIFF, ANO THE COUNTY RECORDER wrrn A COPY OF THE LEGAL DESCRIPTION OF THE HOMESTEAD YOU HA VE DESIGNATED BY TEN BUSINESS DAYS BEFORE THE DA TE THE PROPER1Y 1S TO BE SOLD." FAIR DEBT COLLECTION PRACTICES ACT NOTICE: THIS COMMUNICATION IS FROM A DEBT COLLEC'fOR A TIEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TIIA T PURPOSE. Help For Homeowners in Foreclosure The attorney preparing this foreclosure is: It is being prepared for: Wilford & Geske, P.A. 7650 Currell Blvd. Suite 300 Woodbury, MN 55125 (651) 209 .. 3300 Countrywide Home Loans, Inc. 400 Countrywide Way Simi VaUey, CA 93065 (800) 262-4218 AS OF 08/l 9/2008, this lender says that you owe $142,272.96 to bring your mortgage up to date. This amount will increase because of additional payments due and fees and costs incurred after the date referenced. Please contact our office to request current information about bringing your mortgage up to date. You must pay this amount to keep your house from going through a sheriff's sale. The sheriff's sale is scheduled for November 20, 2008 at l :00 pm at Hennepin County Sherifrs Office, Civil Division, Room 30, Courthouse, 350 South 51h Street, Minneapolis, MN 55415. Mortgage foreclosure is a eomplex process. People may contact you with advice and offers to help "save" your home. Remember: It is important that you learn as much as you can about foreclosure and your situation. Find out about all your options before you make any agreements with anyone about the foreclosure of your home. Getting Help As soon as possible, you should contact your lender at the above number to talk about things you might be able to do to prevent foreclosure. You should also consider contacting the foreclosure prevention counselor in your area. A foreclosure prevention counselor can answer your questions, offer free advice, and help you create a plan which makes sense for your situation. Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466 or www.hocmn.org to get the phone number and location of the nearest counseling organization. CaU today. The longer you wait, the fewer options you may have for a desirable result. Information About the Foreclosure Process You do not need to move at the time of the sheriff's sale. After the sheriff's sale you have the right to "redeem." Redeem means that you pay off the entire loan amom:it plus fees to keep your house. You can keep living in your home for a period of time. This is called a "redemption period." The redemption period is 6 months after the sherifrs sale. This redemption period is your chance to try and sell your home or refinance it with a different loan. You can also pay the redemption amount with any other funds your have available. At the end of the redemption period you will have to leave your home. If you do not, the person or company that bid on your home at the sheriff's sale bas the right to file an eviction against you in district court. Sent by: Wilford & Geske, P.A., 7650 Currell Blvd., Suite 300, Woodbury, MN 55125. Phone 651-209-3300 THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED \VILL BE USED FOR THAT PURPOSE. File ID No. "6~111 i #ZNML_ Foreclosure: Advice to Tenants If you are renting in a property that is in foreclosure, Minnesota law requires that we send you t~is notice about the foreclosure process. Please read it carefully • . The mortgage foreclosure does not change the terms of your lease. You and your landlord must continue to follow the terms of your lease, including the rights and responsibilities of you and your landlord. You must keep paying rent unless you have a legal reason to withhold it. Your landlord must keep the property repaired. Utilities must be paid under the terms of your lease or under state law. Moving out of the property early might be a violation of your lease. The date of the sheriff's foreclosure sale is in the attached foreclosure notice. In most cases you do not need to move from the property before the sheriff's foreclosure sale. Read your lease to see if it says anything about foreclosure and about the rights you may have if the property is in foreclosure. If you have a monfb .. to-month lease, the foreclosure notice does not change the rules for ending your lease. You and your landlord must still give legal notice to end your lease. In most cases, your landlord has six months after the date of the sheriff's foreclosure sale to pay off the mortgage. This is called the "redemption period." Read the attached foreclosure notice to determine the length of the redemption period. You cannot be asked to move during the redemption period except for lease violations or if your lease expires during the redemption period. If your landlord stops the foreclosure, you may not have to move from the property. If your landlord does not stop the foreclosure, there will be a .new owner of the property at the end of the redemption period. The new owner may have the legal right to ask you to move even if your lease is not over. But, the new owner must still give you a written notice stating that the new owner wants you to move. Do not wait to get information about foreclosure. Mortgage foreclosure is a complicated process. It is important you learn about your rights as a renter when there is a mortgage foreclosure. You may have fewer options if you wait too long. There are government agencies and nonprofit organizations tha·t you may contact for helpful informatfon about the foreclosure process. For the name and telephone number of an organization near you please call the legal aid office or bar association office in your county. You can also find information on tenant rights at HOME Line at (866) 866-3546 and Law Help Minnesota at http://www.LawHehiMN.org. The state of Minnesota does not guarantee the advice of these agencies and organizations. Sent by~ Wilford & Geske, P.A., 7650 Cwrelt Blvd., Suite 300, Woodbury, MN 55'25. Phone 651-209-3300 THIS COMMUNICATION IS FROM A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE. 1 I IV; AFFIDAVIT OF COSTS AND DISBURSEMENTS STATE OF MINNESOTA COUNTY OF WASHINGTON · Lawrence A. Wilford/James A. Geske/Eric D. Cook/David R. Mc.Cal~a M. ~]!icaltlin R. Dowling/ Michael R. Sauer/Robert Q. Williams · . · being first duly sworn on oath says; that he/she is the attorney foreclosing the mortgage described in the printed notice of mortgage foreclosure sale hereto attached; that the following is a detailed bill of the costs and disbursements of said foreclosure, and that the same have been absolutely and unconditionally paid or incurred therein, to wit: $650.00 Attorneys fees for foreclosing said mortgage $640.82 Publication $107.00 Recording Fee $80.00 Sale Fee $47.00 Service Cost $1,524.82 Total Subscribed and sworn to before me o ovember20,200 V. SHERIFF'S CERTIFICATE OF SALE STATE OF MINNESOTA COUNTY OF HENNEPIN I, Richard W. Stanek, Sheriff of the County of Hennepin, State of Minnesota, do hereby certify; that pursuant to the printed Notice of Mortgage Foreelosure·sale hereto attached and the power of sale contained in the following described mortgage: DATE OF MORTGAGE: October 23, 2006 MORTGAGOR(S): Adam T. LaFavre and Kathy LaFavre, Husband and Wife MORTGAGEE: Mortgage Electronic Registration Systems, Inc. DA TE AND PLACE OF RECORDING: Recorded: November 15, 2006 Hennepin County Recorder Document#: 8892678 Transaction Agent : Mortgage Electronic Registration Systems, Inc Transaction Agent Mortgage Identification Number 100133700017794952 Lender or Broker : Countrywide Bank, NA · Residential Mortgage Servicer :Countrywide -CA Mortgage Originator : Not Applicable Property Address: 1535 Bohns Point Road Orono, MN 55391 Tax Parcel ID No: 08-117-23-44-0023 I did, at the time and place in said notice specified: OATE AND TIME OF SALE: November 20, 20081:00 P.M. l '----------------------------------------·~- PLACE OF SALE: Hennepin County Sheriffs Office Civil Division, Room 30, Courthouse 350 South 5th Street Minneapolis, MN 55415 offer for sale and sell at public auction to the highest and best bidder, the tract of land described as follows, to wit Lot 1, Block 1, Beth and Bridget, EXCEPT that part.thereof which lies Southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West fol the Westerly segment of said Southerly line of lot 1, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. COUNTY IN WHICH PROPERTY IS LOCATED: Hennepin and did strike off and sell the same to: Mortgage Electronic Registration Systems, Inc. for the sum of: $6,833, 151.42 said purchaser being the highest bidder and said sum being the highest and best bid offered therefore and that said sale was in all respects openly, honestly, fairly, and lawfully conducted, and the time allowed for redemption by the mortgagor(s), thefr personal representative o, assigns is 6 months from the date of said sale. Interest rate on date of sale: 7.6250 % IN TESTIMONY WHEREOF, I have hereunto set my hand on November 20, 2008 STATE OF MINNESOTA COUNTY OF HENNEPIN On Novembe STATE OF MINNESOTA COUNTY OF WASHINGTON Lawrence A. Wilford/James A. Geske/Eric D. Cook/David R. McCalip/C~.~-W~altlin R. Dowling/ Michael R. Sauer/Robert Q. Williams being first duly sworn, on oath says: that he/she knows the facts relating to the military status of Adam T. LaFavre (owner) and Kathy LaFavre (owner) who was the owner and occ:upant of the mortgaged premises described in the foregoing Sheriffs Mortgage foreclosure sale thereof, that said person/persons was/were not in the military or naval service of the United States at the ti of said sale, or during the three months preceedlng such sale, as appeara from facts known at the time of the sale. ♦ • • • DRAFTED BY: Wilford & Geske 7650 Currell Boulevard Suite 300 Woodbury, Minnesota 55125 (651)209-3300 File ID: 29595 SEND TAX STATEMENTS TO: -...... ···· 1 Countrywide -CA Reference # 000150598669MN35