HomeMy WebLinkAbout2016-01-26 Attorney Haugrud Response to 01-20-16 TPC Letter Julie Hultman -
From: Thomas R. Haugrud <THaugrud@losgs.com>
Sent: Tuesday,January 26, 2016 4:20 PM
To: Scott D. Richards (Scott@PlanningCo.com); Eric Johnson;Julie Hultman
Cc: Joey Wendinger(Joey.wendinger@is-grp.com)
Subject: FW:All Things Are Possible PR, LLC - Oak Park Heights - Pizza Ranch
Attachments: As E-Mailed. Letter to Scott Richards at the Planning Company LLC (00335742).PDF;
Certification and Resolution City of Oak Park Heights_recorded 02-15-2002
(00336761).PDF
Hello all,
This is a follow up to my January 22, 2016 letter to Scott(attached).
The title company discovered the attached Certification and Resolution recorded with the Washington County
Recorder on February 15, 2002,filed as Document No. 3214252. You will see that the drainage and utility easements in
Lot 1, Block 2, Kern Center,and in Lots 5,6 and 7, Block 1, Kern Center 2nd Addition,were already vacated therein. Thus,
we can eliminate the request to vacate those easements as part of our process.
We still seek to vacate and relocate the 30' drainage and utility easement dedicated in the existing plat of Oak
Park Station. And, in conjunction with the required platting of the Pizza Ranch lot(to be platted as"Swansonville"), if
drainage and utility easements along the street line and lot line will be dedicated therein,then we seek to vacate the
overlapping drainage and utility easements of the plat of Oak Park Station (at that point it will be the underlying plat to
the new Swansonville plat).
I'll plan on seeing you at tomorrow's meeting at 10:30 a.m.
Thanks.
Tom Haugrud
Thomas R. Haugrud, Esq.
MSBA Certified Real Property Law Specialist
thaugrud@losgs.com
612-455-5034 (direct)
LOSGS Leonard, O'Brien, Spencer, Gale & Sayre, Ltd.
Attorneys at Law 100 South Fifth Street, Suite 2500, Minneapolis, MN 55402
612-332-1030(Phone) 1612-332-2740 (Fax)
www.losgs.com
From: Tanya Biome
Sent: Friday, January 22, 2016 8:26 AM
To: scott(aplanningCo.com
Cc: Thomas R. Haugrud
Subject: All Things Are Possible PR, LLC- Oak Park Heights - Pizza Ranch
Mr. Richards:
Attached and sent on behalf of Attorney Thomas R. Haugrud, please find correspondence
regarding the above-referenced matter.
Thank you,
1
`Tanya
Tanya L. Biome
Legal Assistant
Direct Dial: 612-455-5066
TBlome@losgs.com
SL ep
t s i t F 1491){ G id -Sayre, Ltd
•
100 South Fifth Street, Suite 2500, Minneapolis, MN 55402
Li 612.332.1030 al 612.332.2740 U www.losgs.com
n attachments, is for the sole use of the intended recipient(s)and
CONFIDENTIALITY NOTICE:This email message, including any
may contain confidential and privileged information and/or protected health information(PHI)subject to protection under the
law, including the Health Insurance Portability and Accountability Act of 1996,as amended (HIPAA). If you are not the intended
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have received this email in error, please notify the sender immediately and destroy all copies of the original message.
2
TPC3601 Thurston Avenue N. Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
January 20, 2016
Ernest Swanson
1885 Newberry Avenue North
Stillwater, Minnesota 55082
RE: Oak Park Heights — Pizza Ranch — Conditional Use Permit for a
Restaurant, and Design Guidelines/Site Plan Review — Morning Dove
Avenue
FILE NO: 236.02 — 15.11
Dear Mr. Swanson:
The City is in receipt of your application materials submitted on January 13, 2016 for the
construction of Pizza Ranch restaurant at Morning Dove Avenue in Oak Park Heights.
The application consists of a request for a Conditional Use Permit for a restaurant and
Design Guidelines/Site Plan review. With this letter we are notifying you that the
application is not complete. The City will deem it complete with receipt of the following
items by January 27, 2016:
1. Please provide mailing labels for properties within 500 feet of the exterior
boundaries of the property.
2. Include the lot line created for the Range 082 Indoor Shooting on the preliminary
plat.
3. Indicate and provide the easements to be vacated and provide an ownership and
encumbrance report for the property.
4. Provide drainage calculations for the proposed development and include a
drainage area map.
5. Staff discussed the addition of brick and stone on the north elevation in
conformance with the Design Guidelines. The plans should be revised to reflect
a consistent design in that it will be visible from the Highway 5.
6. The electronic message board sign must be in compliance with Section
401.15.G.10.a. of the Zoning Ordinance. The changeable copy portion of the
sign shall not occupy more than 35 percent of the actual copy and graphic area
of the sign.
14)
h
Ernest Swanson
Page 2
7. We should discuss sidewalk connections from your building to 58th Street. That
will be a topic for discussion at our meeting next week.
8. Provide a percentage of glass transparency for the east and south elevations.
We would invite you and your representatives to a staff meeting on January 27, 2016 at
10:30 AM at City Hall to discuss these issues and address any questions you may have.
If all of the application materials are submitted as requested, the Planning Commission
would consider the application at a meeting scheduled for February 11, 2016 at 7:00
PM in the City Hall Council chambers.
Pursuant to Minnesota Statutes 15.99, Sub. 3(f), the City of Oak Park Heights is
herewith extending the period of time for agency/city review of the application for an
additional 60 day period (for a total of 120 days from the date of a complete application)
inasmuch as the City has determined that additional research and study by the City staff
relative to the complexity of the project as proposed will be required.
Please contact me with any questions you may have.
Sincerely,
Scott kelt
Scott D. Richards, AICP—City Planning Consultant to the City of Oak Park Heights
The Planning Company LLC
c: Joey Wendinger, I+S Group
Eric Johnson
Julie Hultman
2
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Cos*Recorder
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DAM Met.YMe.mtiM
200210V15 411:01 PM
3214252
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Colter2"AddidatattachedesAttaebmettetaResolutionNo_OL 1246ateappeared
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by lb.CityEngineer sad(My Attorney_
Dated ibis e17 day ofDumber;TOOL
CITYOPOAKPAR CIIEIGMTS
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os Qty Administrator
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The Renting inseam=was aelmowicdyrdbefoeemedes" ,91 dayo£
Decembeg2001byKimbedyKamer,Acting CityAdadbibaoorofdteCity ofOak
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Padeneittts,anbehdrafesidcity- •
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Not Public
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RESOLUTIONNO. O/—►7--CE
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CITY COMM. •
•
CUT OF OAK IGRTS
•. WASEONGTON COUNTY,MINNESOTA • .
ARFSOLUTION ESTABLISHING FINDINGS OF'FACTAND
RESOLUTIONOYTJE CITY COUNCIL TEAT THE
• REQUEST BY GOLDRIDGLGROUP,LOCATED SOUTEOF58ni
• STREET BETWEEN HIGHWAYS AND MEMORIAL AVENUE.NORTH
FORAFJNAL PLAT;PLANNED.UNTT DEVELOPMENT,
VACATION'OF EASEMENTS;AND PLANNED UNIT
• DEVELOPMENT/CONDTTIONAG USE PERMIT
• BE APPROVED WLTH CONDITIONS . •
•
•
•
WREREAS,the CttYofOakPadree hastecehreda inquest fora
- preltminaryaod final plat.planned unit development and.vaeation ofeasemears is Kan Center
andKmaCenterr Addl on toallowacommereidsubdivision and aplannedmit.
devdopmentkocicacomtuse permit to allowthe oonatrueina ofe.A000 square foot bank on. '
psopergr located southof3E6 Street between lIIghwaiS and Memorial Avenue North,after
having conducted a publicheatfog reiadve:thaeto,the Planning Commission ofOak Park
Heights reescomended that the request followingfndingsoffaaaod.reaot resolution.
approvaL withcoaditiontThe CigCotatctlmalocsthe
•
L Thereat propertpa8'eetedbysaid application.islega lydese ibedas
• foil wa..mwit
• .• SEEATtAA
and •
•
submitted
••
odoannenation to for Community Dq? eac consisting of wrna
.
SEEAITAcEMENCB •
and
•
•
•
• 3.. Theepglicant has requesteci that the
ng-
aod.vaeameasemeznn r�mrand•CanCeatcre- CBYComeTlydese hold oblichPila
to wit AddhfoategaftYdesm�edas follows
SEE ATTACECHEtrrc
•
•
•
•
1
•
•
•
4.. • To accommodate dm phmeddevelapmeo<.the psocessiog of prellasioari
pUVplaoaed>smtdevelopmeot(tbaoeptPian)is amnion and.
•
5 . The Appian=have fiathercequonsii the apptovet ofafinel plataad •
• phonedSinitdevelopmaitleondtiond.use peimit(General Plan)to allow the comnnetlonore-
6,000 square font bank(with a deivethmagh f dilly)upon proposed Loi I:Block I,Oak Padc
•
• Sudan;and
•
• 6_ the conditional use petaut evahnadon mfaia ofSeedon40tA3A8 ofthe
Zoning Ordinance has been eanside! d and etennined to bends'rod;aryl.
•
7.. Theapplicable planned tmkdevelopmentr u4ementsofSection : •
401.063 o£the Zoning Ordinance wid besatisfied as a eons itiaaafptojeetapproval;and
8- City stalTpzeinted Pinang reports dated Oc abal.2001 andNovembee.
1,2001,renewing the request for the prdimioary/6aai plat,.planneduokdevdopment,vaeadon•
ofeasemeats.and conditionaiuse penult/planned imdtdevdopmenr,aad
•
• ' 9-- Said repots.remmmmdedapprove/o[the ofthepeeGmmayaod:Sm1•
• • ' piss~pleoaedtmBdevelopmm;.vawtioon abasements.and conA use permidplaoned unit
development subject to the Sdfilimotofvariousaooditioos and
10.. The Moiling Commission held a pubic honing attb&October 1.1.2001 •
mxtingand theicNovember8,2001 meet og,tookeoanmaus f onsthe appffemerand pubUc,
dosed the public haada&and incommoded that the request be apptnvedsubject to the
• fulfillmentofeonditioos;and
•
IL The City Connell approved the ptelimioatyplat;entidcdOakPaZkSratioa.
at their November27;2001meafng;aad ' •
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12.. tbeCity Cowen bed•apublic hmdegattbcfrDecember 11.2001
meeting to consider the vacation ofeasea fnKaaCenterandKemCentsre Add°and •
•
NOW,TTHERREFORZ BE TrRFSOLVED BY TRE t3TYCOUNCILFOR'
THE ant OF OAICPARICBEIGSTS=AT THE CIZYCOUNCIL APPROVESTSE
FOLLOWING_ - • .
1- Thr requests submittal by-the Golddtidge Gon+p for a. final.plat, planned unit
. . development,and.vaearion°feaaemeats In Kern Coater and Kaswm Canerrd Addition,
and Planned unit developmmNeoodtiooaL use Permit fora commeaat.development.
•
loaned betweea8'ighway 5 and Memorial Avenue North anti affecting the taus property
• as follows`•
SEEATrACwNCSAAND C
2_
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• 3.. The setback of the building fain the curb of tbeproposod sneer is wined at
•
• e 'Mesita sbailbeptovkiedwith 40padoogsniisaadrum. proofofpaddaCstair.
S. Specs&e bm7diog material colon are specified and farad.to be aaxptable by the
. c .
6 The sid war&is emended from the north side of the Wring to ala:.proposed
mem- The Perks Commie:don abort review the need the addidco sl sidewalks ce
• 7- All'site.lighting shall meet Turing Ordinance requirements. is hooded,,and
clawed sock that the source ofthelight is mevisible5mn surrounding mope:ties.
and•agba-ofway- A i:vised plan.shall be sabedccd that complies with.all
occrunneereqnkesnentsstdrjecttoC.aystaftevieweadapptovci.
I- The revised landscape pan shall be Sable=to review and.approval by-the air
9- The area ndenpSwboa saga.is located within an ensnarer and the applicant-
•
provideapins to ensure maiftmmiesoe:o£thesigiz.
•
• 10- Details related m•ptoposed wall signage ace submitted subject to Coy approval-
•
• All signagedaaltcontent:tatheZomogOedinaorerequhemeoiz•
1L.. The Qty Engineer provide=amour and_ceoommendarioa in.regard to grading.
• • saddtaimgei'ssaes.
12 Tbm City Engineer pmvide connect and moommeettatkat is regard to utak, -
issUes_
13- A devdopmeet agreemeae shag.be z a dyed:as pit of the approvals subject to
•
atyCouncil and City AttorneyreviewaedapprovaL
14- Ag.other moditionsoftheC"uyCouncil,Pitman/Commtuion,a dCilystaff.
2001_ +P edltYtheCrtyComoesTe£theCityofOaieP .. LLeday ofDceembcr
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ATTEST*-:
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City of •
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AtiaclanentA
Legal Description for proposed Oak Park Station/S&C Bartle •
Lot Block Z Kam Cimter
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•OakPeric StationtS&C Bank
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X,___APPacstion form and paymentforfees
XProctofownership orauthorb •to pro as applicant
_
) •A Parcel search oil from Washington'County ofall properties located
•within 500 feet of the exteriorboundades ofthe property
• `X'PProperty Tax:Statament . •
X Landscape Grading/Draina9 tfilY Plants)
jC:—._signage Ptan .
_r1C Ulihrn9 Plan •
WA Tree Protection•and Replacement Plan
`• �C�uildtng lalevedons
• X :_OtherPtans and/orinfa talon as requited by Ordinance ortequested by GIY•
i • Submdtted Plans:
•
full scale sets of plan.
•. �c �a—irXirsets°fagns.
TREECITTUS.A
• • ATTACBM ENCG
.. Au dram%.anduzility easerneaft per lie recorded piss ixuedin.iott.Bloek?„Kbm.
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LEONARD, O'BRIEN
Brian F.LeonardcSPENCER GALE & SAYRE e T.Joliat o
Eldon J.Spencer,Jr.+ Michael T.Joliet
Michael R.O'Brien Paul M.Shapiro
Edward W.Gale+t Erika M.Peterson
Grover C.Sayre,11I0+ Jenny(Chi)Zhang
Thomas W.Newcome III*
Thomas R.Haugrud* Attorneys at Law Thomas W.Newcome
Peter M.Rosenef A Professional Association (1923-2011)
Joseph J.Deuhs,Jr. Also admitted in Arizona
Thomas C.Atmore++ co Also admitted in California
Ernest F.Peakef 100 South Fifth Street o Also admitted in Blinois
Matthew R.Burton0 Suite 2500 0 Also admitted in Iowa
James M.Jorissen+ Minneapolis,Minnesota 55402-1234 sottnMontana
Also admitted Dakota
Peter J.Sajevic,ill. Telephone(612)332-1030 + Also admitted in Wisconsin
Pamela H.Nissen Fax(612)332-2740 +Board Certified Civil Trial Specialist
Scott S.Payzantoo (Minnesota State Bar Association)
Stacey L.Drentlaw$+ t Board Certified Civil Trial Specialist
Jordan W.Sayre (National Board of Trial Advocacy)
Patrick J.Lindmark Internet: www.losgs.com * Certified Real Property Law Specialist
(Minnesota State Bar Association)
£ Fellow,American College of Employee
January 22, 2016 Benefit Counsel
The Planning Company LLC Sent by e-mail: Scott@PlanningCo.com
Attn: Mr. Scott D. Richards
3601 Thurston Avenue N, Suite 100
Anoka,MN 55303
Re: All Things Are Possible PR.,LLC
Oak Park Heights—Pizza Ranch
Your File No.: 236.02-15.11
Our File No.: 290000-70618
Dear Mr. Richards:
As you may recall from the initial meeting held at City Hall on December 9, 2015, I am the
attorney for Ernest L. Swanson, Sr. and his company and the applicant in this matter, All Things are
Possible PR,LLC. A copy of your January 20, 2016 letter to Mr. Swanson was forwarded to me. I am
responding to paragraph 3 of said letter,relating to the easements to be vacated.
Attached is a copy of a Title Commitment effective November 2, 2015,which covers all of Lot
2, Block 1, Oak Park Station, Washington County, Minnesota, within which the Pizza Ranch lot is
situated.
The easements sought to be vacated are the drainage and utility easements dedicated in the
underlying plats of Kern Center and Kern Center 2nd Addition and which are situated within the Pizza
Ranch lot. The easement sought to vacated and relocated is the 30' drainage and utility easement
dedicated in the existing plat of Oak Park Station. Finally, in conjunction with the required platting of
the Pizza Ranch lot(to be platted as"Swansonville"), and if as I assume drainage and utility easements
along the street line and lot line will be dedicated therein, then vacation of the overlapping drainage
and utility easements of the plat of Oak Park Station (at that point also an underlying plat to the new
Swansonville plat).
(00335617.1 1
S Sot 66
Mr. Scott D. Richards
January 22,2016
Page 2
Attached is a copy of the survey dated January 8, 2016 of the Pizza Ranch lot. With respect to
the easements from the Kern Center plat, we seek to vacate the 10' drainage and utility easement on
the east side of the lot and which is illustrated with a single hash mark on the attached survey. With
respect to Kern Center 2nd Addition,we seek to vacate the 10' drainage and utility easement on the east
side of the lot (which is a continuation of said easement from Kern Center), and the 5' wide drainage
and utility lot line easement running east-west through the Pizza Ranch lot (i.e., the lot line easement
of former Lot 7, Block 1), both of which are illustrated with a double hash mark on the attached
survey.
As stated above, we are also seeking to vacate and relocate the existing 30' drainage and utility
easement dedicated in the plat of Oak Park Station and which is situated within the Pizza Ranch lot,
moving said easement so that the center line thereof will be on the west property line of the Pizza
Ranch lot(i.e., 15' on the Pizza Ranch lot and 15' on the adjoining parcel to the west).
Finally, if a drainage and utility easement is dedicated in the new plat of Swansonville on the
east side of the lot, we then seek to vacate the same/overlapping east side easement as dedicated in the
present plat of Oak Park Station.
ISG will be responding to the other items sent forth in your January 20 letter.
Please call or reply if additional information regarding the easement matters is needed.
Thank you, and I look forward to seeing you again on the next meeting set for January 27 at
10:30.
Very truly yours,
LEONARD, O'BRIEN
SPENCER,GALE&SAYRE,LTD.
By
Thomas R. Haugrurud
Attorney at Law
Email: thaugrud a losgs,com
Enclosure
cc: All Things Are Possible PR,LLC(via e-mail)(with enclosures)
Attn: Mr. Ernest L. Swanson, Sr.
ISG
Attn.: Mr.Joe Wendinger(via e-mail)(with enclosures)
City of Oak Park Heights
Attn.: Mr. Eric A. Johnson(via e-mail)(with enclosures)
Attn.: Ms. Julie Hultman(via e-mail)(with enclosures)
{00335617.1
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First American Title Insurance Company a'ti
t.
Issued by its Agent, Land Title, Inc. .I
2200 County Road C West,Suite 2205, Roseville, MN 55113 .
J .1
COMMITMENT s31?a�-1 t s"
LT File No.530403
SCHEDULE A
1. Effective Date: November 2,2015 at 8:00 am
2. Policy or Policies to be issued: Amount
a. ALTA Owner's Policy—6/17/06 TBD
Proposed Insured:
Believe and Dream PR,LLC,a Minnesota limited liability company
b. ALTA Long Form Loan Policy-6/17/06
Proposed Insured: -NONE-
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Minnwest Bank MV,a Minnesota banking corporation
5. The land referred to in this Commitment is described as follows:
See attached Exhibit A
Abstract Property
Washington County, Minnesota
Copyright 2006-2009 American Land Title Association. All rights reserved. inimm
AICAn'
(.AN)TITIU
The use of this Form is restricted to ALTA licensees and ALTA members A SOCIA Fl UN
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 1 of 6
k
First American Title Insurance Company
Issued by its Agent, Land Title, Inc.
2200 County Road C West,Suite 2205, Roseville,MN 55113
COMMITMENT
LT File No.530403
EXHIBIT A
Lot 2,Block 1,Oak Park Station,Washington County,Minnesota.
Abstract Property
Copyright 2006-2009 American Land Title Association. All rights reserved.
aMraic,nl
LAND TITLL
The use of this Form is restricted to ALTA licensees and ALTA members A.SOCI An ON
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 2 of 6
First American Title Insurance Company
Issued by its Agent, Land Title, Inc.
2200 County Road C West,Suite 2205,Roseville,MN 55113
COMMITMENT
LT File No.530403
SCHEDULE B
Part I
The following requirements must be met:
A. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
B. Pay us the premiums,fees and charges for the policy.
C. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must
be signed,delivered and recorded.
D. Satisfaction or Partial Release of Mortgage,Assignment of Leases and Rents,Security Agreement and
Fixture Financing Statement executed by Sydney Holdings of Oak Park Heights LLC,a Minnesota limited
liability company,dated September 24,2007,filed September 26,2007 as Document Number 3663496,
in the amount of$4,500,000.00, in favor of Riverland Bank,a Minnesota banking corporation,as
amended by Amendment No. 1 to Mortgage,Assignment of Leases and Rents,Security Agreement and
Fixture Financing Statement filed November 10,2008 as Document Number 3714362 and as
subsequently assigned to Minnwest Bank MV,a Minnesota banking corporation,by Assignment of
Mortgage filed September 6,2012 as Document Number 3904931. (covers additional property)
E. It appears from the purchase agreement provided that the property to be sold will be a portion of the
property described under Schedule A herein. Once the legal description to be sold is determined,please
advise Land Title,Inc.so that a supplemental title commitment can be issued.
F. The description of the property to be insured herein constitutes a split of an existing tax parcel.
Approval from the appropriate municipality and/or county for the split is required. Submit approval to
the Company for review and possible further requirements prior to closing. All real estate taxes for the
current year and prior years must be paid before documents can be recorded.
G. Warranty Deed from Minnwest Bank MV,a Minnesota banking corporation,to Believe and Dream PR,
LLC, a Minnesota limited liability company.
H. The standard form of Seller's and/or Purchaser's Affidavit,satisfactory to the Company,will be required.
mom
Copyright 2006-2009 American Land Title Association. All rights reserved. AMEnIc,N
I ANO TITIk
The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 3 of 6
First American Title Insurance Company
Issued by its Agent, Land Title, Inc.
2200 County Road C West,Suite 2205, Roseville,MN 55113
COMMITMENT
LT File No.530403
SCHEDULE B
Part II
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.
NOTE:Upon closing with Land Title,Inc.,Item 1 on Schedule B-II will be deleted.The Final Policy will
extend coverage as to the gap between the Effective Date listed in Item 1 of Schedule A and the date
of recording of the instruments creating the interest to be Insured.
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,which are 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 records.
7. General and special taxes and assessments as hereafter listed,if any(all amounts shown being exclusive
of interest,penalties and costs).
8. No coverage is provided for municipal code compliance matters and fees including,but not limited to,
utilities,right of way maintenance,water or sewer services,or fees for tree,weeds,grass,and snow or
garbage removal,police boarding,vacant building registration and zoning.
ammo
Copyright 2006-2009 American Land Title Association. All rights reserved.
l9 nMr.nIcAN
LAND rirtr.
The use of this Form is restricted to ALTA licensees and ALTA members ASSOI.IAI ION
In good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 4 of 6
First American Title Insurance Company
Issued by its Agent, Land Title, Inc.
2200 County Road C West,Suite 2205,Roseville,MN 55113
1
COMMITMENT
9. Tax I.D.No.: 06-029-20-13-0012
Taxes for the year 2015: $103,652.00,Total,are 1st 1/2 Paid,2nd 1/2 Paid,Base Tax:
$103,652.00 (Non-Homestead)
NOTE: 1st Half Taxes are payable on or before May 15th and 2nd Half Taxes are payable on or
before October 15th.
10. Levied and pending special assessment searches have been ordered.
11. Rights of tenants in possession as tenants only under unrecorded leases.
12. Drainage and utility easements over the subject property as shown on the recorded plats of Kern
Center,Kern Center 2nd Addition and Oak Park Station.
13. Covenants,conditions,restrictions and easements contained in Declaration dated October 21, 1994,
filed December 13, 1994 as Document Number 825979 and Amendment to Declaration filed February
25,2000 as Document Number 3094151.
14. Developer's Agreement dated February 7,2002,filed March 14,2002 as Document Number 3220302.
15. Covenants,conditions, restrictions and easements contained in Declaration dated March 13,2002,filed
February 22,2005 as Document Number 3498720.
Note: Assignment of Declarant's Rights filed September 26,2007 as Document Number 3663495.
16. Resolution No.07-08-55 filed October 19,2007 as Document Number 3666637.
17. Controlled access to State Trunk Highway No. 5(Stillwater Boulevard North)dedicated to the State of
Minnesota as shown on the recorded plat of Oak Park Station and on Minnesota Department of
Transportation Right of Way Plat No.82-81 filed January 2, 1997 as Document Number 916146.
18. If there are any questions regarding this Commitment,please contact Mark Haagensen at
(651)697-6191 or by email at mhaagensen@landtitleinc.com. Please reference LT File No.530403.
moimi
Copyright 2006-2009 American Land Title Association. All rights reserved. AM E
LAND 11Th:
The use of this Form Is restricted to ALTA licensees and ALTA members ASSOCIATION
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 5 of 6
First American Title Insurance Company
Issued by its Agent, Land Title, Inc.
2200 County Road C West,Suite 2205,Roseville,MN 55113
COMMITMENT
LT File No.530403
EXHIBIT B
Property Address Reference:
XXX Unassigned,Oak Park Heights,MN 55082
Copyright 2006-2009 American Land Title Association. All rights reserved. AmuiticAN
iArib r'rru
The use of this Form Is restricted to ALTA licensees and ALTA members ASSOCIATION
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 6 of 6
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