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Home My WebLink About2012-08-01 WC Recorded Document 1215050 - DA Addendum Receipt:# 196892 , .-� 1215050 Attested Copy • II DAG $46.00 III AT $200 I II II II I III II I I III IIIIII I MEM $20.00 Certified Filed and /or recorded on: Return to: 8/1/2012 2:36 PM ECKBERG LAMMERS 1215050 BRIGGS WOLFF & VIERL 1809 NORTHWESTERN AVE #110 Certificate #: 68962 68963 STILLWATER MN 55082 Office of the Registrar of Titles Washington County, Minnesota Jennifer Wagenius. Registrar of Titles Return to: Eckberg Lammers Briggs Wolff & Vierling PLLP 1809 Northwestern Avenue Stillwater, MN 55082 i CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ADDENDUM TO DEVELOPER'S AGREEMENT OAK PARK SENIOR LIVING PHASE II (FORMERLY CARRIAGE HOUSE CO -OP) THIS ADDENDUM AGREEMENT, made and entered into this day of , 2012, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and Oakgreen Senior Villas, LLC a Minnesota Limited Liability Company and Anchobaypro, Inc, a Minnesota Corporation ( the "Developer "). and Bridgewater Bank, Inc, a Minnesota Corporation WITNESSETH; WHEREAS, the Developer and the City have executed a Developer's Agreement effective June 4, 2012, the same being submitted for recording in the office of the Washington County Recorder as Document No. 1213791; and, WHEREAS, the City and the Developer wish to provide an Addendum to that Developer's Agreement as it affects the lands described as : Lot 1, Block 1, and Outlot A, Carriage House Co -op and Assisted Living according to the plat thereof on file and if record in the office of the Registrar of Titles in and for Washington County Minnesota, together with appurtenant easement(s) contained in Document No. 1201025 and 1201026, (Registered land is evidenced by Certificate of Title No. 67287) hereinafter "the property" upon which the Development is located; and, WHEREAS, Developer is the fee owner of "the property" and Bridgewater Bank holds a mortgage upon "the property and joins into this document in agreement with the provisions hereof and concurs with this Addendum to Developer's Agreement agreeing to be bound thereby; and, WHEREAS, Lot 1, Block 1, as well as Outlot A of "the property" effectively functions as a single indivisible parcel for all development purposes, and the parties wish to acknowledge that the two lots shall never be sold, divided, or otherwise separated from one another for purposes of use, development or otherwise; and, WHEREAS, the Developer requests and City agrees to apply its zoning and subdivision code against "the property" as if it were a single indivisible parcel for all purposes under the City 2 Code of Ordinances. WHEREAS, the Developer also agrees to merge "the property' into a single tax statement within the office of the Washington County Assessor /Treasurer. NOW, THEREFORE be it agreed by and between the parties hereto as follows: 1. APPLICATION TO CITY CODES. The parties hereto agree that "the property', shall for all purposes under the City Code of Ordinances for the City of Oak Park Heights, Subdivision, Zoning and all other land uses be considered as a single and indivisible parcel for purposes of land use and development; 2. SALE AND DIVISION. Lot 1, Block 1, and Outlot A, Carriage House Co -op and Assisted Living according to the plat thereof on file and if record in the office of the Registrar of Titles in and for Washington County Minnesota, together with appurtenant easement(s) contained in Document No. 1201025 and 1201026, (Registered land is evidenced by Certificate of Title No. 67287) shall be forever joined as a single and indivisable parcel for all purposes of development, ownership, sale, transfer and all other development purposes under the Code of Ordinances under the City of Oak Park Heights, with said lands being not subject to any future division, subdivision or separate development unless and until agreed to by all the members or all the parties to this Agreement and the City of Oak Park Heights. 3. TAX STATEMENTS. Developer shall take affirmative steps to request the Washington County Assessor Taxpayer Services Department to join "the property" under a single tax parcel identification number for purposes of tax payment and registration within that department. NOW, THEREFORE, the parties do hereby agree to the above terms and conditions through the execution and signing of this document. 3 1 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: 0 ∎,! ` 4 3 ' , RK H ` i b i rj1., / A 4 r a■is : - :• 11 rIaf Mays ..aigiii Eric Jo , ion City • • ministrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this 1 (5 .) - day of J L , 2012 before me a Notary Public, within and for said County personally appeared Davb1 Beaudet and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Not$, Public ■ „A` JULIE A. HULTMAN NOTARY PUBLIC - MINNESOTA �?•_ :'- , - ,i ` = ms` •` My Commission Expires Jan. 31, 2015 l j `,./1./lam_/l.//111111�I�l. -- Il --iiJ 4 In the presence of: Oakgreen Senior Villas, LLC a Minnesota Limited ' ' 'ty Company --7 Its cc,, .. -(v( S/f Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On thisrQ day of `J , 2012, before me a Notary Public, within and for said County personally appeared —thymiii y Np ld e and to me personally known, being each by me duly sworn did say that they are respectively the and of, Oakgreen Senior Villas, LLC a Minnesota Limited Liability Company, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said municipal corporation. . . A" 1 1 Notary Public I ,, .::-, Caitlin Anne Kelly 4 - :' , NOTARY PUBLIC �„ State of Minnesota • M Commission Expires 1 -31 -2015 5 In the presence of: Bridgewater Bank Its L �� % , / Its f c;y <A( ti 2 OF MINNESOTA ) e « ) ss. COUNTY OF e • On this 2i' day of ' . 1SkA ' , 2012, before me a Notary Public, within and for said County personally appeared Je C � (AA D. �Yle1, \ t ( and S F to me personally known, being each bye duly sworn di say that they are respectively the E V Q and ( eS, A 2_ CC() of _,Bridgewater Bank. a Minnesota Banking corporation, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. KARLIN ROSE BUCKLEY ! NOTARY PUBUC.MINNESOTA �.t tn, -, , CA 6.t tif WIRES 01/3112017 COMMISSION Notary Public THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling, Esq. Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 (651) 439 -2878 6