HomeMy WebLinkAbout2012-09-12 Mick Lynskey Email 3 of 3 to OPH - Easements Julie Hultman
From: Eric Johnson
Sent: Wednesday, September 12, 2012 3:32 PM
To: Julie Hultman
Subject: FW: easements
Attachments: Easement - Cross AGREEMENT.9.12.12.pdf; Easement - Irrigation.9.12.12.pdf; Easement -
Storm Sewer.9.12.12.pdf; Outdoor sign Easement.9.11.12.pdf
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From: Mick Lynskey Finailto :Mick(alvnskeyclark.coml 1
Sent: Wednesday, September 12, 2012 2:34 PM 1�
To: Eric Johnson
Subject: easements
Mick Lynskey
L9nskete4Jark
PO Box 36,118 S. Main Street
Stillwater, MN 55082
Office: 651 - 439 -1412
Cell: 651 - 210 -0075
Fax: 651 - 439 -8071
E -mail: mick@lynskeeyclark.com
1
(Above Space Reserved for Recoding Data)
CROSS EASEMENT AGREEMENT
THIS CROSS EASEMENT AGREEMENT ( "Agreement "), having an effective date for all purposes of
, 2012 made and entered into by STADIUM VIEUX PROPERTIES, LLC, a
Minnesota limited liability company ( "Stadium "), and HARKLAU LEASING, LLC, an Iowa limited liability
company, HARKIAU LEASING II, .LLC, an Iowa limited liability company, (herein, collectively, "Harklau ")
(Staduim and Harklau sometimes herein referred to collectively as the "Parties ").
RECITALS
A. Stadium is the fee title holder to that certain real property located in Washington
County, Minnesota legally described on the attached Exhibit A (the "Stadium Parcel "); and
B. Harklau is the fee title holder to that certain real property located in Washington
County, Minnesota, legally described on the attached Exhibit B (the "Harklau Parcel "); and
C. The Parties desire to grant to each other easements over portions of their respective
parcels for the purposes as more fully described below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Stadium and Harklau hereby declare that their properties identified herein shall be held, sold, used and
conveyed, subject to the following easement, covenants, conditions and restrictions, which shall run
with the respective properties and shall be binding on all parties having any right, title or interest in and
to the properties, or any part thereof, their heirs, successors and assigns.
ARTICLE I
CREATION OF EASEMENT RIGHTS
1. Grant of Easements.
1.1 Easements for Ingress and Egress. Stadium shall and hereby does grant to Harklau, their
heirs, executors, successors and assigns, and Harklau shall and hereby does grant to Stadium, their heirs,
executors, successors and assigns, a non - exclusive appurtenant reciprocal easement for ingress and
egress over, under and across that portion of the Stadium Parcel and the Harklau Parcel (the "Driveway
Easement Area ") legally described on the attached Exhibit C for the purposes, and upon the terms and
conditions, set forth herein (the "Driveway Easement "). The Driveway Easement shall be perpetual and
shall run with the land.
1.2 Easements for Parking. Stadium shall and hereby does grant to Harklau, their heirs,
executors, successors and assigns and Harklau shall and hereby does grant to Stadium, a non - exclusive
appurtenant reciprocal easement for vehicle parking over, under and across that portion of the Stadium
Parcel and the Harklau Parcel (the "Parking Easement Area ") legally described on the attached Exhibit D
for the purposes, and upon the terms and conditions, set forth herein (the "Parking Easement "). The
Parking Easement shall be perpetual and shall run with the land.
1.3 Parking Ratio. The Parties agree that there shall be at all times no fewer than 5
automobile parking spaces available to the other party on the respective parking easement area.
1.4 Benefited Tracts. The easements created in sections 1.1 and 1.2 are solely for the
benefit of the Stadium Parcel and the Harklau Parcel and shall be appurtenant thereto.
1.5 Non - obstruction. No one shall cause or permit any encroachment upon or obstruction
of the easements granted herein or otherwise cause or permit any condition to exist upon said
easements, whether temporary or permanent, which shall in any way interfere with the purposes and
uses of said easements, as set forth herein.
1.6 Effect of Restrictions. The provisions of this section shall constitute restrictions and
covenants running with and binding upon the Properties identified herein.
1.7 Descriptive Sketch. The easements granted herein are depicted on the graphic sketch
attached hereto as Exhibit E. Exhibit E is for illustrative purposes only, and the legal descriptions of the
said Easement Areas set forth on attached Exhibits C and D shall control.
ARTICLE II
PURPOSE OF THE EASEMENTS
2. Purpose of the Easements.
2.1 Driveway Easement. The Driveway Easement shall be for and only for the purposes of
providing vehicle ingress and egress to the Stadium Parcel and the Harklau Parcel, respectively, from and
onto Memorial Avenue North by the party to whom each respective driveway easement is granted, and
to that party's heirs, successors and assigns, their tenants, customers, employees, agents and invitees.
2
2.2 Parking Easements. The Parking Easement shall be for and only for the purpose of
providing automobile parking in marked parking areas by the party to whom each respective parking
easement is granted and to that party's heirs, successors and assigns, their tenants, customers,
employees, agents and invitees.
ARTICLE III
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, REPAIR AND LIGHTING
3.1 Repair and Maintenance. Each Party shall be solely responsible at its expense for
constructing, maintaining and repairing the easement area located on their respective parcel, including
but not limited to maintaining the same as a vehicular driveway in reasonable repair, seal coating,
patching and repaving, sanding, sweeping, striping and removing snow.
3.2 Lighting. Each Party shall be responsible for installing and maintaining light fixtures light
fixtures to properly light the driveway and parking areas located on the respective properties, in
accordance with any municipal requirements.
3.2.1 Metering. All light fixtures serving the driveway and parking areas on the
respective properties will run off Harklau's electrical power source and will be sub - metered.
Harklau will cause the meter usage to be read quarterly and will bill Stadium from time to time.
Within ten (10) days of receipt of such invoice, Stadium shall pay to Harklau one half of all fees
for electric power service used in connection with such lighting.
ARTICLE IV
MISCELLANEOUS PROVISIONS
4.1 Indemnification. Each of the Parties shall indemnify, hold harmless, and defend the
other from any injury or damage suffered or sustained by any person or entity arising out of or in any
way resulting from the negligent or intentionally malicious act or omission of the indemnifying party.
4.2 Reservation. Stadium and Harklau each hereby reserve unto itself and its respective
heirs, successors and assigns the right to use the Driveway Easement Area and Parking Easement Area
for other purposes consistent with the rights granted to the other party under this Agreement. The
Parties represent to one another that any use of the respective easement areas at any time for parking
in any manner which impedes in any material way free and unobstructed commercial and truck ingress
and egress over and upon the respective easement area is inconsistent with the rights granted
hereunder.
4.3 Waiver. No failure on the part of either of the Parties to exercise, and no delay in
exercising, any right or remedy hereunder shall operate as a waiver thereof, and no single or partial
exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the
exercise of any other right or remedy granted hereby or by any related document or by law.
4.4 Modification. This Agreement may only be modified or amended in a writing signed by
the Parties, or by their respective successors and assigns.
3
4.5 Integration. This Agreement constitutes the entire agreement and understanding
between the Parties regarding the subject matter hereof.
4.6 Notice. Any notice or other writing required by this Agreement to be given under this
Agreement shall be deemed given when personally delivered to the Party or sent via certified United
States mail, return receipt requested, to the respective addresses first set forth herein, or to such other
address as the respective party has previously designated in written notice delivered in accordance with
this paragraph:
To Harklau at: To Stadium at:
4.7 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective heirs, successors and assigns.
4.8 No Construction Against Drafting Party. The Parties acknowledge that each of them and
their counsel have had an opportunity to review this Agreement, and that this Agreement shall not be
more strictly construed against the party preparing it.
4.9 Interpretation. Whenever required by the context of this Agreement, the singular shall
include the plural and vice versa, the masculine shall include the feminine and neuter genders and vice
versa. Whenever the word "including" shall appear in this Agreement, it shall be deemed to mean
"including without limitation."
4.10 Negation of Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between or among the Parties hereto, nor shall it cause them to be
considered joint venturers or members of any joint enterprise.
4.11 Severability. Invalidation of any of the provisions contained in this Agreement or of the
application thereof to any person, facts or circumstances by judgment or Court Order shall in no way
affect any of the other provisions hereof or the application thereof to any other person, facts or
circumstances, and the same shall remain in full force and effect.
4.12 Amendments. This Agreement may be amended by, and only by, a written Agreement.
Any such amendment shall be effective only when recorded in the Office of the County Recorder of
Hennepin County, Minnesota, with respect to abstract property, and in the Office of the Registrar of
Titles of Hennepin County, Minnesota, with respect to Torrens property.
4.13 Capitals and Capitalized Terms. The captions preceding the text of each Article and
paragraph are included only for convenience and reference and shall be disregarded in the construction
and interpretation of this Agreement. Capitalized terms are also selected only for convenience of
reference and do not necessarily have any connection to the meaning that might otherwise be attached
to such terms in a context outside of this Agreement.
4.14 Time. Time is of the essence of this Agreement.
4
4.15 Enforcement. Any controversy or dispute between the Parties, their heirs, executors,
successors, and /or assigns, involving any covenant, term or condition of this Agreement, shall be settled
by arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA) by
a sole arbitrator mutually agreed upon by the Parties from a list of five arbitrators provided by the AAA,
and judgment upon the award rendered by the arbitrator may be entered in Washington County District
Court. The arbitrator shall have authority to award damages and /or interim and /or permanent
equitable relief. A decision of the arbitrator as to a matter submitted for arbitration shall be final and
conclusive. With respect to such arbitration:
(a) A party shall have the right to seek from Washington County District Court equitable or
provisional remedies (such as temporary restraining orders, temporary injunctions, and the like) before
or during any arbitration proceeding;
(b) The arbitration proceedings shall take place at the American Arbitration Association's
offices in Minneapolis, Minnesota, or at such other place as mutually agreed by the Parties. The Parties
shall request a list of five local arbitrators from the AAA. After receipt of the list, the Parties shall select
an arbitrator by taking turns striking an arbitrator from the list until one arbitrator remains. This process
may be repeated if the selected arbitrator is or becomes unable or unwilling to conduct the arbitration.
(c) The arbitrator shall have discretion to award reasonable attorney fees and costs in favor
of a party if, in the opinion of the arbitrator, dispute arose because one of the parties did not act in good
faith, or if the arbitrator determines that one of the parties was in breach or in default of the terms and
conditions of this Agreement. If no specific award of attorney fees is made by the arbitrator, each party
to the arbitration shall equally bear the arbitrator's fees and costs, and shall be responsible for its own
attorney fees and costs.
(d) Any award of the arbitrator may be entered in Washington County District Court
pursuant to the provisions of Minn. Stat. Sec. 572.08, et. seq., which statutes, relating to arbitration, are
incorporated herein by reference.
REMAINDER OF PAGE INTENTIONALLY BLANK, SIGNATURE AND ACKNOWLEDGMENT PAGES TO
FOLLOW.
5
s ill
IN WITNESS WHEREOF, the parties have executed this instrument as of the effective date first
above written.
l
STADIUM VIEUX PROPERTIES, LLC
(a Minnesota limited liability company)
By:
Donald Harvieux
Its: Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of September, 2012 by Donald
Harvieux, the Chief Manager of STADIUM VIEUX PROPERTIES, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
Notary Public
6
HARKLAU LEASING, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING,
LLC, an Iowa limited liability company, on behalf of the limited liability company.
Notary Public
HARKLAU LEASING II, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF )
) ss.
COUNTY OF -
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING
II, LLC, an Iowa limited liability company, on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SWANSON & HEEREN, P.C.
1708 West Highway 61
PO Box 819
Grand Marais, MN 55604
7
EXHIBIT A
LEGAL DESCRIPTION OF THE STADIUM PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
BEGINNING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet; thence South 54 degrees 53 minutes 44 seconds East a
distance of 60.00 feet; thence South 18 degrees 51 minutes 57 seconds East a distance
of 29.85 feet; thence South 54 degrees 53 minutes 44 seconds East a distance of 308.36
feet to the southeasterly line of said Lot 3; thence North 35 degrees 06 minutes 16
seconds East a distance of 145.93 feet to the northeast corner of said Lot 3; thence
North 42 degrees 34 minutes 44 seconds West along the northeasterly line of said Lot 3
a distance of 94.68 feet; thence North 63 degrees 31 minutes 58 seconds West along
the northeasterly line of said Lot 3 a distance of 303.44 feet to the POINT OF
BEGINNING.
EXHIBIT B
LEGAL DESCRIPTION OF THE HARKLAU PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
COMMENCING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet to the point of BEGINNING; thence South 54 degrees 53
minutes 44 seconds East a distance of 60.00 feet; thence South 18 degrees 51 minutes
57 seconds East a distance of 29.85 feet; thence South 54 degrees 53 minutes 44
seconds East a distance of 308.36 feet to the southeasterly line of said Lot 3; thence
South 35 degrees 06 minutes 16 seconds West a distance of 132.44 feet to the
southeast corner of said Lot 3; thence North 54 degrees 53 minutes 44 seconds West
along the southwesterly line of said Lot 3 a distance of 392.50 feet to the southwest
corner of said Lot 3; thence North 35 degrees 06 minutes 16 seconds East along the
northwesterly line of said Lot 3 a distance of 150.00 feet to the POINT OF BEGINNING.
EXHIBIT C
LEGAL DESCRIPTION OF DRIVEWAY EASEMENT AREA
An easement for driveway purposes 22.00 feet in width over and across that part of Lot 3, Block 1, KERN
CENTER 2ND ADDITION, Washington County, Minnesota the centerline of said driveway easement is
described as follows:
COMMENCING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3 a
distance of 68.56 feet to the POINT OF BEGINNING of the centerline to be described;
thence South 54 degrees 53 minutes 44 seconds East a distance of 25.77 feet; thence
easterly 39.25 feet along a tangential curve concave to the north having a radius of 25.00
feet and a central angle of 89 degrees 57 minutes 43 seconds; thence North 35 degrees 08
minutes 33 seconds East a distance of 2.31 feet; thence easterly 35.46 feet along a
tangential curve concave to the south having a radius of 25.00 feet and a central angle of
81 degrees 15 minutes 36 seconds; thence South 63 degrees 35 minutes 50 seconds East a
distance of 40.14 feet; thence southeasterly 32.20 feet along a tangential curve concave to
the southwest having a radius of 212.00 feet and a central angle of 08 degrees 42 minutes
06 seconds; thence South 54 degrees 53 minutes 44 seconds East a distance of 179.19 feet;
thence southerly 31.39 feet along a tangential curve concave to the west having a radius of
20.00 feet and a central angle of 89 degrees 54 minutes 53 seconds; thence South 35
degrees 01 minutes 09 seconds West a distance of 187.50 feet; thence westerly 24.22 feet
along a tangential curve concave to the north having a radius of 15.41 feet and a central
angle of 90 degrees 02 minutes 53 seconds; thence North 54 degrees 55 minutes 58
seconds West a distance of 240.63 feet; thence northwesterly 19.63 feet along a tangential
curve concave to the northeast having a radius of 37.82 feet and a central angle of 29
degrees 44 minutes 07 seconds; thence North 25 degrees 11 minutes 52 seconds West a
distance of 44.95 feet; thence northwesterly 15.50 feet along a tangential curve concave to
the southwest having a radius of 31.07 feet and a central angle of 28 degrees 34 minutes
44 seconds; thence North 53 degrees 46 minutes 36 seconds West a distance of 14.59 feet
to the northwesterly line of said Lot 3 and said line there terminating.
EXHIBIT D
LEGAL DESCRIPTION OF PARKING EASEMENT AREA
An easement for shared parking purposes over and across that part of Lot 3, Block 1, KERN CENTER 2ND
ADDITION, Washington County, Minnesota described as follows:
COMMENCING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet; thence South 68 degrees 13 minutes 01 seconds East a
distance of 322.61 feet to the POINT OF BEGINNING of the easement to be described
and a point hereinafter referred to as "Point A "; thence South 54 degrees 58 minutes 51
seconds East a distance of 18.00 feet; thence South 35 degrees 01 minutes 09 seconds
West a distance of 160.25 feet; thence North 54 degrees 58 minutes 51 seconds West a
distance of 18.00 feet; thence North 35 degrees 01 minutes 09 seconds East a distance
of 160.25 feet to the POINT OF BEGINNING.
and together with an easement for shared parking purposes described as
COMMENCING at the above mentioned "Point A "; thence North 85 degrees 16 minutes
29 seconds East a distance of 52.02 feet to the POINT OF BEGINNING; thence South 35
degrees 01 minutes 09 seconds West a distance of 116.49 feet to a point hereinafter
referred to as "Point B "; thence South 54 degrees 58 minutes 51 seconds East a distance
of 18.00 feet; thence North 35 degrees 01 minutes 09 seconds East a distance of 116.49
feet; thence North 54 degrees 58 minutes 51 seconds West a distance of 18.00 feet to
the POINT OF BEGINNING.
and together with an easement for shared parking purposes described as
COMMENCING at the above mentioned "Point B "; thence South 35 degrees 01 minutes
09 seconds West a distance of 13.80 feet to the POINT OF BEGINNING; thence South 54
degrees 58 minutes 51 seconds East a distance of 18.00 feet; thence South 35 degrees
01 minutes 09 seconds West a distance of 116.31 feet; thence North 54 degrees 58
minutes 51 seconds West a distance of 18.00 feet; thence North 35 degrees 01 minutes
09 seconds East a distance of 116.31 feet to the POINT OF BEGINNING.
EXHIBIT E
DEPICTION OF DRIVEWAY EASEMENT AREAS
— - - - - - - ---
NW CORNER LOT 3 ..,,
DRIVEWAY EASEMENT
L=39.25
R=25.00 i rI
, / d=89 , .,./ L=35.46 2 ...,., 1.. .<1 D I')
- - R=25.00
k
, -
/ • / Z'•• I r', / .1' d=8115'36'
'
0 .
4 `/,'.. L=32.20 ., 'f-4t'.
/ oz.\., ,an ;,,,, — ...., _--- R-212.90 . /
7 ,■ ". ";/ — .-. • . .f 842
,,,, ,''''
/ 4. NO 4 v ,-•-•,,,- -.1 ' r lb -_ *
c'' 414 4 4 4.r/%, `*',- - vs -•
N ---
...., / ,
v s : \ , ,, - ......_..r v .- .----,..., '
N 7 • .,/ 2 0,1114 I 0 s . . 4 / 1 * • 4 -.1°,,, ---- ' 3
L=31.39 r
4 „,,...V• -D" . ,... .., 4 4: :**-- ‘.? ,, " , - -...„ R=20.00
/ • 0 .../.. , rfisp k • ,, ;:tk ,,,,,,,,,-, ....*,, ,........... ,, , ,-- 53
.a•
4 47 ' s a .. 8.1 ".
/ -.11,
4% cYA A -
4,)4: -T , , , , .0100 .. -PARCEL A _ _
' ''' '''''' - -4 ., 4 k■
- --.
a 4. , - ., ,1,. ,,, s2,6 ' - '''•- / , i
2 ..1.• i ,,
* , ,
/ 6- SW \ N ■A''' ,,, , - . , ..N. PARCEL B--- , .,":/ ..Y. j * , ' 8
CORNER L=19 63% ..., 4
/ , /
4 1
7 :-,...,_, -, ',.,? 1 ,4 15 ....? .• „., , ' , cp •■• ‘ ,4.• +
r"""'"'"""" . -!■:_:' ■IV ' ' o :* 4 . N4 / 4 , B Y $.
.-.. 44 \
-,--_., e ,...
-- N
`, N / : '' /
/
/
-4.
DENOTES 22.00 WIDE - -...
,,
. E— S CORN , E .
,._
. . . . !
. .
DRIVEWAY EASEMENT `--- L=24.22 NORTH
R..15.41 SCALE: 1" = 80'
/3.90
DRIVEWAY EASEMENT
EXHIBIT E
DEPICTION OF PARKING EASEMENT
NW CORNER LOT 3 -r -",.!\ EXHIBIT
W3.00 -e,-` 7 SHARED PARKING EAS
S35''6'16"W
/
y33p EMENT A
PO /NT
LINE O OT 3 Y, _ _ p i t ' 56 3 11.6 E i 2
\ 4\ f ,ems \ `
yo y,3, ' � �� �� T s � /y
8 F PARCEL A ^6 0 �� z . . `' / \\
4% \ � ' / ^ yyyyyy /N:::/ ' ^^ / CORNER
\ N /�7 / 1073
A /
PARCEL 8 V . ° g ,, y ,�`' , • °' /
i
q/
*N ., ',":''''' ''''' rit, _, * 1 A ,, ,sc' /
/�� '` , / ti p �O a 'a , ' / ltitt / <2‘' 4 47
/ 0
` / NORTH
/v/ / �. o / SCALE: 1" = 40'
�, moo a� / _ /
9
0 �3 �Y / / / L ,
DENOTES SHARED
" '•nr^ n.^„" SE CORNER ` ` - - - -- �/ .k'--------------_,,v, / PARKING EASEMENT
'P r. LOT 3 _____ �
CONSENT
The undersigned, an Iowa banking corporation, holder of that certain Mortgage dated August 10, 2011,
and filed for record August 18, 2011 as Document No. 3851250 in the office of the Washington County
Recorder, does hereby for itself, its successors and assigns, consent to the foregoing Cross Easement
Agreement attached hereto.
BANK IOWA
(an Iowa banking corporation)
By:
Its:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2012, by
, the of the BANK IOWA, an Iowa banking corporation, on
behalf of the corporation.
Notary Public
(Above Space Reserved for Recoding Data)
IRRIGATION LINE EASEMENT AGREEMENT
THIS IRRIGATION LINE EASEMENT AGREEMENT ( "Agreement "), having an effective date for all
purposes of , 2012 made and entered into by STADIUM VIEUX PROPERTIES,
LLC, a Minnesota limited liability company ( "Stadium "), and HARKLAU LEASING, LLC, an Iowa limited
liability company, HARKLAU LEASING II, LLC, an Iowa limited liability company, (herein, collectively,
"Harklau ") (Staduim and Harklau sometimes herein referred to collectively as the "Parties ").
RECITALS
A. Stadium is the fee title holder to that certain real property located in Washington
County, Minnesota legally described on the attached Exhibit A (the "Stadium Parcel "); and
B. Harklau is the fee title holder to that certain real property located in Washington
County, Minnesota, legally described on the attached Exhibit B (the "Harklau Parcel "); and
C. The Stadium desires to obtain and Harklau is willing to grant to Stadium an easement for
irrigation line purposes over a portion of the Harklau parcel as more fully described below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Stadium and Harklau hereby agree as follows:
AGREEMENT
1. Recitals. The foregoing Recitals are hereby incorporated as if fully set forth herein.
2. Grant of Easement for Irrigation Line. Harklau shall and hereby does grant to Stadium,
their heirs, executors, successors and assigns, a non - exclusive appurtenant easement to connect to
irrigation lines currently serving the Harklau Parcel for the purposes of expanding the irrigation system
to serve the Stadium Parcel (the "Irrigation Easement "). The Irrigation Easement shall be perpetual and
shall run with the land.
3. Construction; Maintenance. Each Party shall be responsible for all construction and
maintenance of that portion of the irrigation system located on their respective parcel.
4. Metering. The irrigation system will run off Harklau's water source and will be sub -
metered. Harklau will cause the meter usage to be read quarterly and will bill Stadium from time to
time. Within ten (10) days of receipt of such invoice, Stadium shall pay to Harklau one half of all fees for
water service used in connection with the irrigation system.
5. Benefited Tract. The easement created in section 2 is solely for the benefit of the
Stadium Parcel and shall be appurtenant thereto.
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this instrument as of the effective date first
above written.
STADIUM VIEUX PROPERTIES, LLC
(a Minnesota limited liability company)
By:
Donald Harvieux
Its: Chief Manager
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of September, 2012 by Donald
Harvieux, the Chief Manager of STADIUM VIEUX PROPERTIES, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
Notary Public
2
HARKLAU LEASING, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING,
LLC, an Iowa limited liability company, on behalf of the limited liability company.
Notary Public
HARKLAU LEASING II, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING
II, LLC, an Iowa limited liability company, on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SWANSON & HEEREN, P.C.
1708 West Highway 61
PO Box 819
Grand Marais, MN 55604
3
EXHIBIT A
LEGAL DESCRIPTION OF THE STADIUM PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
BEGINNING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet; thence South 54 degrees 53 minutes 44 seconds East a
distance of 60.00 feet; thence South 18 degrees 51 minutes 57 seconds East a distance
of 29.85 feet; thence South 54 degrees 53 minutes 44 seconds East a distance of 308.36
feet to the southeasterly line of said Lot 3; thence North 35 degrees 06 minutes 16
seconds East a distance of 145.93 feet to the northeast corner of said Lot 3; thence
North 42 degrees 34 minutes 44 seconds West along the northeasterly line of said Lot 3
a distance of 94.68 feet; thence North 63 degrees 31 minutes 58 seconds West along
the northeasterly line of said Lot 3 a distance of 303.44 feet to the POINT OF
BEGINNING.
EXHIBIT B
LEGAL DESCRIPTION OF THE HARKLAU PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
COMMENCING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet to the point of BEGINNING; thence South 54 degrees 53
minutes 44 seconds East a distance of 60.00 feet; thence South 18 degrees 51 minutes
57 seconds East a distance of 29.85 feet; thence South 54 degrees 53 minutes 44
• seconds East a distance of 308.36 feet to the southeasterly line of said Lot 3; thence
South 35 degrees 06 minutes 16 seconds West a distance of 132.44 feet to the
southeast corner of said Lot 3; thence North 54 degrees 53 minutes 44 seconds West
along the southwesterly line of said Lot 3 a distance of 392.50 feet to the southwest
corner of said Lot 3; thence North 35 degrees 06 minutes 16 seconds East along the
northwesterly line of said Lot 3 a distance of 150.00 feet to the POINT OF BEGINNING.
CONSENT
The undersigned, an Iowa banking corporation, holder of that certain Mortgage dated August 10, 2011,
and filed for record August 18, 2011 as Document No. 3851250 in the office of the Washington County
Recorder, does hereby for itself, its successors and assigns, consent to the foregoing Storm Sewer
Easement Agreement attached hereto.
BANK IOWA
(an Iowa banking corporation)
By:
Its:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2012, by
, the of the BANK IOWA, an Iowa banking corporation, on
behalf of the corporation.
Notary Public
•
(Above Space Reserved for Recoding Data)
STORM SEWER EASEMENT AGREEMENT
THIS STORM SEWER EASEMENT AGREEMENT ( "Agreement "), having an effective date for all
purposes of , 2012 made and entered into by STADIUM VIEUX PROPERTIES,
LLC, a Minnesota limited liability company ( "Stadium "), and HARKLAU LEASING, LLC, an Iowa limited
liability company, HARKLAU LEASING II, LLC, an Iowa limited liability company, (herein, collectively,
"Harklau ") (Staduim and Harklau sometimes herein referred to collectively as the "Parties ").
RECITALS
A. Stadium is the fee title holder to that certain real property located in Washington
County, Minnesota legally described on the attached Exhibit A (the "Stadium Parcel "); and
B. Harklau is the fee title holder to that certain real property located in Washington
County, Minnesota, legally described on the attached Exhibit B (the "Harklau Parcel "); and
C. The Stadium desires to obtain and Harklau is willing to grant to Stadium an easement for
storm sewer purposes over a portion of the Harklau parcel as more fully described below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Stadium and Harklau hereby agree as follows:
AGREEMENT
1. Recitals. The foregoing Recitals are hereby incorporated as if fully set forth herein.
2. Grant of Easement for Storm Sewer. Harklau shall and hereby does grant to Stadium,
their heirs, executors, successors and assigns, a non - exclusive appurtenant easement for storm sewer
purposes over, under and across that portion of the Harklau Parcel (the "Storm Sewer Easement Area ")
legally described on the attached Exhibit C and depicted on the attached Exhibit D. The Storm Sewer
Easement shall be perpetual and shall run with the land.
3. Benefited Tract. The easement created in section 2 is solely for the benefit of the
Stadium Parcel and shall be appurtenant thereto.
4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective heirs, successors and assigns.
5. Reservation of Rights. Harklau reserves the right to occupy, use and maintain the Storm
Sewer Easement Area for all purposes not inconsistent with the rights herein granted.
IN WITNESS WHEREOF, the parties have executed this instrument as of the effective date first
above written.
STADIUM VIEUX PROPERTIES, LLC
(a Minnesota limited liability company)
By:
Donald Harvieux
Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of September, 2012 by Donald
Harvieux, the Chief Manager of STADIUM VIEUX PROPERTIES, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
Notary Public
2
HARKLAU LEASING, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING,
LLC, an Iowa limited liability company, on behalf of the limited liability company.
Notary Public
HARKLAU LEASING II, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING
II, LLC, an Iowa limited liability company, on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SWANSON & HEEREN, P.C.
1708 West Highway 61
PO Box 819
Grand Marais, MN 55604
3
EXHIBIT A
LEGAL DESCRIPTION OF THE STADIUM PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
BEGINNING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet; thence South 54 degrees 53 minutes 44 seconds East a
distance of 60.00 feet; thence South 18 degrees 51 minutes 57 seconds East a distance
of 29.85 feet; thence South 54 degrees 53 minutes 44 seconds East a distance of 308.36
feet to the southeasterly line of said Lot 3; thence North 35 degrees 06 minutes 16
seconds East a distance of 145.93 feet to the northeast corner of said Lot 3; thence
North 42 degrees 34 minutes 44 seconds West along the northeasterly line of said Lot 3
a distance of 94.68 feet; thence North 63 degrees 31 minutes 58 seconds West along
the northeasterly line of said Lot 3 a distance of 303.44 feet to the POINT OF
BEGINNING.
it
EXHIBIT B
LEGAL DESCRIPTION OF THE HARKLAU PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
COMMENCING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3
a distance of 103.00 feet to the point of BEGINNING; thence South 54 degrees 53
minutes 44 seconds East a distance of 60.00 feet; thence South 18 degrees 51 minutes
57 seconds East a distance of 29.85 feet; thence South 54 degrees 53 minutes 44
seconds East a distance of 308.36 feet to the southeasterly line of said Lot 3; thence
South 35 degrees 06 minutes 16 seconds West a distance of 132.44 feet to the
southeast corner of said Lot 3; thence North 54 degrees 53 minutes 44 seconds West
along the southwesterly line of said Lot 3 a distance of 392.50 feet to the southwest
corner of said Lot 3; thence North 35 degrees 06 minutes 16 seconds East along the
northwesterly line of said Lot 3 a distance of 150.00 feet to the POINT OF BEGINNING.
EXHIBIT C
LEGAL DESCRIPTION OF STORM SEWER EASEMENT AREA
An easement for storm sewer purposes over, under and across that part of Lot 3, Block 1, KERN CENTER
2ND ADDITION, Washington County, Minnesota described as follows:
COMMENCING at the northeast corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the southeasterly line of said Lot 3
a distance of 145.93 feet; thence North 54 degrees 53 minutes 44 seconds West a
distance of 41.55 feet to the POINT OF BEGINNING; thence continuing North 54 degrees
53 minutes 44 seconds West a distance of 133.89 feet; thence South 35 degrees 07
minutes 59 seconds West a distance of 7.46 feet; thence South 54 degrees 52 minutes
01 seconds East a distance of 120.28 feet; thence South 21 degrees 24 minutes 52
seconds West a distance of 122.89 feet; thence South 69 degrees 33 minutes 33 seconds
East a distance of 26.95 feet to the southeasterly line of said Lot 3; thence North 35
degrees 06 minutes 16 seconds East along said southeasterly line a distance of 15.51
feet; thence North 69 degrees 33 minutes 33 seconds West a distance of 15.62 feet;
thence North 21 degrees 24 minutes 52 seconds East a distance of 111.71 feet to the
POINT OF BEGINNING.
•
it
EXHIBIT D
DEPICTION OF STORM SEWER EASEMENT
EXHIBIT ___
STORM SEWER EASEMENT
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DENOTES STORM
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CONSENT
The undersigned, an Iowa banking corporation, holder of that certain Mortgage dated August 10, 2011,
and filed for record August 18, 2011 as Document No. 3851250 in the office of the Washington County
Recorder, does hereby for itself, its successors and assigns, consent to the foregoing Storm Sewer
Easement Agreement attached hereto.
BANK IOWA
(an Iowa banking corporation)
By:
Its:
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2012, by
, the of the BANK IOWA, an Iowa banking corporation, on
behalf of the corporation.
Notary Public
•
(Above Space Reserved for Recoding Data)
EASEMENT AND AGREEMENT FOR
MAINTENANCE OF OUTDOOR ADVERTISING SIGN STRUCTURE
THIS EASEMENT AND AGREEMENT FOR MAINTENANCE OF OUTDOOR ADVERTISING SIGN
STRUCTURE ( "Agreement ") is made this day of , 2012, by and between STADIUM
VIEUX PROPERTIES, LLC, a Minnesota limited liability company ( "Stadium "), and HARKLAU LEASING, LLC, an
Iowa limited liability company, HARKLAU LEASING II, LLC, an Iowa limited liability company, (herein,
collectively, "Harklau ") (Staduim and Harklau sometimes herein referred to collectively as the "Parties ").
RECITALS
A. Stadium is the fee title holder to that certain real property located in Washington County,
Minnesota legally described on the attached Exhibit A (the "Stadium Parcel "); and
B. Harklau is the fee title holder to that certain real property located in Washington County,
Minnesota, legally described on the attached Exhibit B (the "Harklau Parcel "); and
C. There is an outdoor advertising sign structure located partially upon the Stadium Parcel and
the Harklau Parcel (the "Sign ").
D. The Parties desire to create an easement for the Sign and pedestrian and vehicular access
and utility service to the Sign to permit its maintenance and use in the future as well as an agreement
relating to its use and maintenance.
E. The Parties have agreed to grant perpetual non - exclusive easements to permit the use,
maintenance, repair and replacement of the Sign upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby agreed to,
and incorporating the foregoing Recitals, the parties hereto hereby agree as follows:
AGREEMENT
1. Recitals. The foregoing Recitals are hereby incorporated as if fully set forth herein.
2. Grant of Easement. The Parties hereby grant to each other a non - exclusive easement for the
right to operate, maintain, repair, and /or replace the Sign over and across the portion of the Stadium Parcel
and Harklau Parcel legally described on the attached Exhibit C (the "Sign Easement ") and depicted on the
attached Exhibit D, together with a perpetual nonexclusive easement over portions of the respective parcels
as may be reasonably necessary for the purpose of accessing and providing electrical service to the Sign.
3. Use. The Easement shall be used for maintenance of the Sign and for pedestrian and
vehicular access and utility service to the Sign for the purposes of servicing, maintaining, repairing and
replacing the Sign and no other purpose. With the exception of the Sign, utilities and other ancillary
structures reasonably required in connection with the use and maintenance of the Sign, neither Party is
permitted to construct any buildings or other permanent structures or improvements on the Sign Easement.
Harklau and Stadium shall each be allowed one identification sign, each of identical size, to be placed on the
Sign.
4. Non - exclusive Easement. The Easement shall be a non - exclusive private easement which
shall not operate to confer or dedicate any rights to the public.
5. Benefited Tracts. The easements created in section 1 are solely for the benefit of the
Stadium Parcel and the Harklau Parcel and shall be appurtenant thereto.
6 Metering. All light fixtures will run off Harklau's electrical power source and will be sub -
metered. Harklau will cause the meter usage to be read quarterly and will bill Stadium from time to time.
Within ten (10) days of receipt of such invoice, Stadium shall pay to Harklau one half of all fees for electric
power service used in connection with the Sign.
7 Obstruction. Neither Party shall construct or permit the construction of any structure or
improvement that materially obstructs the other's access to the Sign.
8 Maintenance and Repair of Property. Stadium will maintain the area in and around the Sign
in good repair and in such a manner that does not materially obstruct Harklau's access to the Sign.
9 Maintenance and Repair of Sign. Stadium, will keep the Sign and all components of the Sign,
including lighting, in good working order and repair and in compliance with applicable laws. The cost of all
maintenance and repairs for the sign shall be shared equally among the Parties and Stadium will bill Harklau
from time to time for such cost of repairs or maintenance. Within ten (10) days of receipt of such invoice,
Harklau shall pay to Stadium one half of all fees for such repairs or maintenance. Stadium agrees not to make
any other improvements upon the Property without the prior written approval of Harklau.
10 Failure to Maintain. If Stadium fails to maintain the Sign as required herein for a period of
forty -five (45) days after notice by Harklau to Stadium (or immediately in the event of an emergency), then
Harklau shall have the right (the "Self -Help Right "), at its option, to perform such obligations. If either Party
fails to remove snow or maintain its parcel as required hereunder within forty -eight (48) hours after notice
2
thereof is given by one Party to the other Party, then the Party providing such notice shall enjoy the Self -Help
Right to perform these obligations. The defaulting party shall reimburse the party exercising its Self -Help
Right for fifty percent (50 %) of all costs incurred by that party in performing such obligations.
11. Insurance. Each Party shall each obtain and keep in full force and effect, each at its sole cost
and expense, a policy of comprehensive public liability insurance with respect to the Sign, written by a
responsible casualty or indemnity company authorized to do business in Minnesota, on an "occurrence
basis" and not a "claims basis ", with a combined general liability insurance limit of at least $2,000,000 and at
least $1,000,000 per occurrence of injury or property damage and naming each other as an 'additional
insured." The amount of insurance required by this Section shall be adjusted at the end of each five (5) year
period during this Agreement by the amount necessary to continue insurance coverage at a comparable level
considering the effects of inflation. As soon as practicable following execution of this Agreement, the Parties
shall provide each other with evidence that the insurance coverage required hereunder is in full force and
effect. In the event that any such insurance renews or is terminated, such party shall promptly provide the
other with evidence that such coverage will be renewed or replaced upon termination with insurance that
complies with these provisions.
12. Abandonment. In the event that the Sign can no longer be legally used, or in the event that
it is not used for outdoor advertising purposes for a period of two (2) consecutive years, the Easement shall
automatically terminate.
13. Hold Harmless and Indemnity. Each Party agrees to pay and to protect, indemnify and save
harmless the other from and against any and all liabilities, damages, costs, expenses (including reasonable
attorneys' fees), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising
from the following to the extent that they are caused by:
(a) Any work or thing done by such party or at its direction in, on, or about the
Property.
(b) Injury to, or the death of persons or damage to property on the Property or upon
adjoining sidewalks, trees, fences, gates, streets, alleys, curbs, or in any manner
growing out of or connected with the use, possession, operation or maintenance of
the Sign.
(c) Any negligence in connection with the exercise of the rights granted herein by such
party or any of its agents, contractors, servants, employees, licensees, or invitees.
(d) Violation by either party of any agreement or condition of this Agreement or of any
conditions, agreements, or restrictions of which such party has been given written
notice or governmental statutes, charters, laws, rules, ordinances, or regulations
affecting the Property or the occupancy or use thereof.
This provision shall survive the termination of this Agreement and the Easement.
14. Liens. Should any mechanic's liens attach to the Property as a result of any action or inaction
by a Party, such Party shall promptly notify the other Party of such lien and within ten (10) days of such
notice pay all costs, or take other action, necessary to release the lien or provide a bond reasonably
3
satisfactory to the other Party covering the claim.
15. Construction. The headings of the sections and subsections of this Agreement are for
convenience and reference only and do not form a part hereof and in no way interpret or construe such
sections and subsections. Wherever the context requires or permits, the singular shall include the plural and
the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable.
16. Benefitted Parties and Interest. This Agreement shall be binding upon and inure to the
benefit of the parties' respective heirs, representatives, successors, and assigns. The Sign Easement granted
herein is intended to be an appurtenant easement existing in perpetuity for the benefit of the Stadium Parcel
and Harklau Parcel and its successors and assigns and all parties using the Sign, unless terminated as
provided herein, and shall not be appurtenant to any other property.
17. Severability. If any provision of this Agreement is held to be unenforceable or void, such
provision shall be deemed to be severable and shall in no way affect the validity of the remaining terms of
this Agreement.
18. Governing Law. This Agreement shall be construed as to both validity and performance and
enforced in accordance with and governed by the laws of the State of Minnesota.
19. Attorneys Fees. In the event that any legal action is taken to construe or enforce this
Easement, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the day and
year first above written.
STADIUM VIEUX PROPERTIES, LLC
(a Minnesota limited liability company)
By:
Donald Harvieux
Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this day of September, 2012 by Donald
Harvieux, the Chief Manager of STADIUM VIEUX PROPERTIES, LLC, a Minnesota limited liability company, on
behalf of the limited liability company.
Notary Public
4
HARKLAU LEASING, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING, LLC,
a Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
HARKLAU LEASING II, LLC
(an Iowa limited liability company)
By:
Its: Chief Manager
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of September, 2012 by
, the of HARKLAU LEASING II,
LLC, a Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SWANSON & HEEREN, P.C.
1708 West Highway 61
PO Box 819
Grand Marais, MN 55604
5
EXHIBIT A
LEGAL DESCRIPTION OF STADIUM PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
BEGINNING at the northwest corner of said Lot 3; thence on an assumed bearing of South
35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3 a
distance of 103.00 feet; thence South 54 degrees 53 minutes 44 seconds East a distance of
60.00 feet; thence South 18 degrees 51 minutes 57 seconds East a distance of 29.85 feet;
thence South 54 degrees 53 minutes 44 seconds East a distance of 308.36 feet to the
southeasterly line of said Lot 3; thence North 35 degrees 06 minutes 16 seconds East a
distance of 145.93 feet to the northeast corner of said Lot 3; thence North 42 degrees 34
minutes 44 seconds West along the northeasterly line of said Lot 3 a distance of 94.68 feet;
thence North 63 degrees 31 minutes 58 seconds West along the northeasterly line of said
Lot 3 a distance of 303.44 feet to the POINT OF BEGINNING.
EXHIBIT B
LEGAL DESCRIPTION OF HARKLAU PARCEL
That part of Lot 3, Block 1, KERN CENTER 2ND ADDITION, Washington County, Minnesota described as
follows:
COMMENCING at the northwest corner of said Lot 3; thence on an assumed bearing of
South 35 degrees 06 minutes 16 seconds West along the northwesterly line of said Lot 3 a
distance of 103.00 feet to the point of BEGINNING; thence South 54 degrees 53 minutes 44
seconds East a distance of 60.00 feet; thence South 18 degrees 51 minutes 57 seconds East
a distance of 29.85 feet; thence South 54 degrees 53 minutes 44 seconds East a distance of
308.36 feet to the southeasterly line of said Lot 3; thence South 35 degrees 06 minutes 16
seconds West a distance of 132.44 feet to the southeast corner of said Lot 3; thence North
54 degrees 53 minutes 44 seconds West along the southwesterly line of said Lot 3 a distance
of 392.50 feet to the southwest corner of said Lot 3; thence North 35 degrees 06 minutes 16
seconds East along the northwesterly line of said Lot 3 a distance of 150.00 feet to the
POINT OF BEGINNING.
EXHIBIT C
LEGAL DESCRIPTION OF SIGN EASEMENT
An easement for sign purposes over and across that part of Lot 3, Block 1, KERN CENTER 2ND ADDITION,
Washington County, Minnesota described as follows:
COMMENCING at the northeast corner of said Lot 3; thence on an assumed bearing of South
35 degrees 06 minutes 16 seconds West along the southeasterly line of said Lot 3 a distance
of 145.93 feet; thence North 54 degrees 53 minutes 44 seconds West a distance of 6.91 feet
to the POINT OF BEGINNING; thence South 34 degrees 51 minutes 25 seconds West a
distance of 3.43 feet; thence North 55 degrees 17 minutes 52 seconds West a distance of
27.37 feet; thence North 34 degrees 59 minutes 39 seconds East a distance of 10.23 feet;
thence South 55 degrees 40 minutes 28 seconds East a distance of 27.35 feet; thence South
34 degrees 51 minutes 25 seconds West a distance of 6.98 feet to the POINT OF BEGINNING.
EXHIBIT D
DEPICTION OF SIGN EASEMENT
EXHIBIT ___
SIGN EASEMENT
�\ m � L/ \ /
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4 q / / / / �� LOT 3
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Q$ DENOTES SIGN EASEMENT
SE CORNER � � �� . i , / / ./
VF: JA
LOT 3 ___`
CONSENT
The undersigned, an Iowa banking corporation, holder of that certain Mortgage dated August 10, 2011, and
filed for record August 18, 2011 as Document No. 3851250 in the office of the Washington County Recorder,
does hereby for itself, its successors and assigns, consent to the foregoing Outdoor Sign Easement
Agreement attached hereto.
BANK IOWA
(an Iowa banking corporation)
By:
Its:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2012, by
, the of the BANK IOWA, an Iowa banking corporation, on behalf
of the corporation.
Notary Public