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1/30/85 Zappala & Co. changed
to:
g .
Prescott, Ball, & Turben
3100 Mellon Bank Bldg.
525 Wm. Penn Place
Pittsburgh PA. 15219
ZAPPALA & COMPANY
INC. 1046 UNION TRUST BUILDING
, nned6npnt gernkn PITTSBURGH, PENNSYLVANIA 15219
412 263-3440
January 6, 1982
Certified Mail - Return Receipt Requested
P 252 155 915
Lyle Eckberg, Esquire
Eckberg, Lammers, Briggs & Wolff
126 South Second Street
Stillwater, Minnesota 55082
Re: $2,000,000 City of Oak Park Heights, Minnesota (Washington
County, Minnesota) Industrial Development First Mortgage
Revenue Bonds, Series A 1979, K mart Corporation - Tenant
and Guarantor
Dear Mr. Eckberg:
Enclosed please find the original title insurance policy
insuring the City of Oak Park Heights as owner on the referenced
bond issue. We feel that this policy should permanently be in
the possession of the City.
Very truly yours,
ZAPPA 7 1MPANY, IN .
if /
• and A. Zap.
- airman ///
RAZ: lcm
Enclosure
r -
Form 103 Rev.8-71
• • 4 ,..-cot, •
IP
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TITLE INSURANCE COMPANY OF MINNESOTA
T. I. No. 98532 a Stock Company of Minneapolis,Minnesota
RE: CITY OF OAK PARK HEIGHTS, MINNESOTA
ENDORSEMENT R 275389
To be attached to and become a part of Policy No. AZ 177890 of Title Insurance
Company of Minnesota.
The effective date of the above numbered Policy is hereby extended to
September 20, 1979 at 5:00 P.M.
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The total liability of the Company under said policy and any endorsement thereto shall not exceed, in
the aggregate, the face amount of said policy and costs which the Company is obligated under the
Conditions and Stipulations thereof to pay.
This endorsement, when countersigned by an authorized officer or agent, is made a part of said policy
as of the policy date thereof and is subject to the Schedules, Conditions and Stipulations and
Exclusions from Coverage therein contained,except as modified by the provisions hereof.
TITLE INSURANCE COMPANY OF MINNESOTA
.
President
Countersigned:
irpg,,,,,,„,„(
I '
1-7 Secretary
Authorized Officer or gent
0 T. T
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` TITLE INSURANCE POLICY
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY ,'
FORM B-1970
inI ..
Issued through the office of:
TITLE NSURANCE COMPANY OF MINNESOTA .
St. Paul Abstract and Title Division ,
24 EAST FOURTH STREET • ST. PAUL, MINNESOTA 55101 • (612) 222-4461
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,', ITLE !NSURANCE OMPANY OF INNESOTA
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Home Office:400-2nd Ave.So„Minneapolis,Minn.55401 • 612/371.1111
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(Continued frov inn ,flap)
of the Company shall cease and terminate in regard to the matter on s g. Reduction of Liability
matters for which such prompt notice is required; provided, how-
ever, that failure to notify shall in no case prejudice the rights of All payments under this policy,except payments made for costs,
any such insured under this policy unless the Company shall be attorneys' fees and expenses, shall reduce the amount of the
prejudiced by such failure and then only to the extent of such insurance pro tanto. No payment shall be made without producing
prejudice. this policy for endorsement of such payment unless the policy be
lost or destroyed, in which case proof of such loss or destruction
(c)The Company shall have the right at its own cost to shall be furnished to the satisfaction of the Company.
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest 9. Liability Noncumulative
as insured,and the Company may take any appropriate action under It is expressly understood that the amount of insurance under
the terms of this policy,whether or not it shall be liable thereunder, this policy shall be reduced by any amount the Company may pay
and shall not thereby concede liability or waive any provision of this
under any policy insuring either(a)a mortgage shown or referred to
policy. in Schedule B hereof which is a lien on the estate or interest covered
(d)Whenever the Company shall have brought any action or by this policy,or(b) a mortgage hereafter executed by an insured
interposed a defense as required or permitted by the provisions of which is a charge or lien on the estate or interest described or
this policy, the Company may pursue any such litigation to final referred to in Schedule A,and the amount so paid shall be deemed a
determination by a court of competent jurisdiction and expressly payment under this policy. The Company shall have the option to
reserves the right,in its sole discretion, to appeal from any adverse apply to the payment of any such mortgages any amount that
judgment or order. otherwise would be payable hereunder to the insured owner of the
(e)In all cases where this policy permits or requires the estate or interest covered by this policy and the amount so paid
Company to prosecute or provide for the defense of any action or shall be deemed a payment under this policy to said insured owner.
proceeding, the insured hereunder shall secure to the Company the
right to so prosecute or provide defense in such action or 10. Apportionment
proceeding,and all appeals therein,and permit the Company to use,
at its option, the name of such insured for such purpose.Whenever If the land described in Schedule A consists of two or more
requested by the Company, such insured shall give the Company all parcels which are not used as a single site, and a loss is established
reasonable aid in any such action or proceeding, in effecting affecting one or more of said parcels but not all, the loss shall be
settlement,securing evidence,obtaining witnesses,or prosecuting or computed and settled on a pro rata basis as if the amount of
defending such action or proceeding, and the Company shall insurance under this policy was divided pro rata as to the value on
reimburse such insured for any expense so incurred. Date of Policy of each separate parcel to the whole,exclusive of any
improvements made subsequent to Date of Policy, unless a liability
4. Notice of Loss—Limitation of Action or value has otherwise been agreed upon as to each such parcel by
In addition to the notices required under paragraph 3(b)of these the Company and the insured at the time of the issuance of this
Conditions and Stipulations, a statement in writing of any loss or policy and shown by an express statement herein or by an
damage for which it is claimed the Company is liable under this endorsement attached hereto.
policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action 11. Subrogation Upon Payment or Settlement
shall accrue to an insured claimant until 30 days after such
statement shall have been furnished. Failure to furnish such Whenever the Company shall have settled a claim under this
statement of loss or damage shall terminate any liability of the policy, all right of subrogation shall vest in the Company unaffected
Company under this policy as to such loss or damage. by any act of the insured claimant. The Company shall be
subrogated to and be entitled to all rights and remedies which such
5. Options to Pay or Otherwise Settle Claims insured claimant would have had against any person or property in
The Company shall have the option to pay or otherwise settle respect to such claim had this policy not been issued, and if
for or in the name of an insured claimant any claim insured against requested by the Company,such insured claimant shall transfer to
or to terminate all liability and obligations of the Company the Company all rights and remedies against any person or property
hereunder by paying or tendering payment of the amount of necessary in order to perfect such right of subrogation and shall
insurance under this policy together with any costs,attorneys'fees permit the Company to use the name of such insured claimant in
and expenses incurred up to the time of such payment or tender of any transaction or litigation involving such rights or remedies.If the
payment, by the insured claimant and authorized by the Company. payment does not cover the loss of such insured claimant, the
Company shall be subrogated to such rights and remedies in the
6. Determination and Payment of Loss proportion which said payment bears to the amount of said loss.If
loss should result from any act of such insured claimant,such act
(a)The liability of the Company under this policy shall in no shall not void this policy, but the Company, in that event, shall be
case exceed the least of: required to pay that
part of any losses insured against
(i)the actual loss of the insured claimant;or hereunder which shall exceed the amount, if any, lost to the
Company by reason of the impairment of the right of subrogation.
(ii)the amount of insurance stated in Schedule A;or
(b)The Company will pay, in addition to any loss insured 12. Liability Limited to this Policy
against by this policy,all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs, This instrument together with all endorsements and other
attorneys' fees and expenses in litigation carried on by such insured instruments, if any, attached hereto by the Company is the entire
with the written authorization of the Company. policy and contract between the insured and the Company.
(c)When liability has been definitely fixed in accordance Any claim of loss or damage, whether or not based on
with the conditions of this policy, the loss or damage shall be negligence, and which arises out of the status of the title to the
payable within 30 days thereafter. estate or interest covered hereby or any action asserting such claim,
shall be restricted to the provisions and conditions and stipulations
7. Limitation of Liability of this policy.
No claim shall arise or be maintainable under this policy (a)if No amendment of or endorsement to this policy can be made
the Company, after having received notice of an alleged defect,lien except by writing endorsed hereon or attached hereto signed by
or encumbrance insured against hereunder, by litigation or either the President, a Vice President, the Secretary, an Assistant
otherwise, removes such defect, lien or encumbrance or establishes Secretary, or validating officer or authorized signatory of the
the title, as insured,within a reasonable time after receipt of such Company.
notice; (b) in the event of litigation until there has been a final
determination by a court of competent jurisdiction,and disposition
of all appeals therefrom,adverse to the title,as insured,as provided 13. Notices,Where Sent
in paragraph 3 hereof;or (c) for liability voluntarily assumed by an All notices required to be given the Company and any statement
insured in settling any claim or suit without prior written consent of in writing required to be furnished the Company shall be addressed
the Company. to its Home Office,Minneapolis,Minnesota 55401.
Note: This policy valid only if Schedules A and B are attached.
TITLE INSURANCE COMPANY OF MINNESOTA
T
SCHEDULE A
Premium$ 3,338.00 File No. 98532 Policy No. AZ 177890
Amount$ 2,000,000.00
1. Policy Date August 29, 1979 at 5:00 P. M.o'clock.
2. The Insured hereunder,in whom title to the fee simple estate is vested at ■he date hereof,is:
THE CITY OF OAK PARK HEIGHTS MINNESOTA
3. The land referred to in this policy is situated in the County of Washington
State of Minnesota and is described as follows:
Lot 6, Block 1, St. Croix Mall P.U.D. according to the plat thereof on
file and of record in the Office of the County Recorder, Washington
County, Minnesota, more particularly described as follows:
That part of the Northwest Quarter of the Northeast Quarter of Section
4, Township 29 North, Range 20 West, in the City of Oak Park Heights,
Washington County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the
Northeast Quarter of Section 4; thence South 1 degree 54 minutes 06
seconds East, assumed bearing, along the West line of said Northwest
Quarter of the Northeast Quarter a distance of 405.00 feet; thence North
89 degrees 15 minutes 24 seconds East a distance of 260.00 feet to the
POINT OF BEGINNING of the land to be described; thence South 1 degree 54
minutes 06 seconds East, parallel with the West line of said Northwest
Quarter of the Northeast Quarter, a distance of 135.00 feet; thence
North 89 degrees 15 minutes 24 seconds East, a distance of 63.27 feet;
thence South 1 degree 23 minutes 45 seconds East, a distance of 428.48
feet; thence South 88 degrees 05 minutes 54 seconds West, a distance of
319.42 feet, to the West line of said Northwest Quarter of the Northeast
Quarter; thence North 1 degree 54 minutes 06 seconds West, along said
West line a distance of 375.00 feet to a point in the West line of said
Northwest Quarter of the Northeast Quarter distance 600.00 feet South of
the Northwest corner of said Northwest Quarter of the Northeast Quarter
of Section 4; thence North 89 degrees 15 minutes 24 seconds East, a
distance of 30.01 feet to an intersection with a line 30 feet East of,
measured at a right angle to and parallel with said West line of the
Northwest Quarter of the Northeast Quarter; thence North 1 degree 54
minutes 06 seconds West, along said parallel line, a distance of 195.00
feet to an intersection with a line bearing South 89 degrees 15 minutes
24 seconds West from the POINT OF BEGINNING; thence North 89 degrees 15
minutes 24 seconds East, a distance of 229.99 feet to the POINT OF
BEGINNING.
CONTINUED •11 ■
TIM OWNERS Rev.1-79 FORM 2258 PN This policy valid only if Schedule B is attached.
• • TIM Form 2110
•
•
File No. 98532 Policy No. AZ 177890
SCHEDULE A-3 Continued
Together with the rights, easements and privileges created for and bene-
fiting the above-described property under that certain real estate
development agreement dated April 17, 1979, and recorded April 18, 1979,
as Document Number 389052, and those certain easement agreements dated
April 17, 1979 and recorded April 18, 1979, as Document Numbers 389057
and 389054.
Abstract Property
M
-r
TIM OWNERS 12/67 FORM 2256
File No. 98532 Policy No. AZ 177890
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Facts which would be disclosed by a comprehensive survey of the premises herein described.
2. Mechanics',Contractors'or Materialmen's liens and lien claims,if any,where no notice thereof appears on record.
3. Rights and claims of parties in possession.
4. There are no special or pending assessments now a lien against the
premises.
5. Mortgage dated August 15, 1979, and recorded on August 29, 1979, in the
office of the County Recorder, as Document Number 394865, made by the
City of Oak Park Heights, Minnesota, a Municipal corporation, to First
Trust Company of Saint Paul , as Trustee, to secure $2,000,000.00.
NOTE: See instrument for complete terms and conditions, as well as
possible rights and options of the mortgagee.
6. Interim Construction Loan Mortgage and Security Agreement dated August
15, 1979, and recorded on August 29, 1979, in the office of the County
Recorder, as Document Number 394869, made by City of Oak Park Heights, a
municipal corporation and political subdivision of the State of Minn-
esota and Financial Properties Developers, Inc. , a Georgia Corporation,
to Mellon Bank, N.A. , to secure $2,000,000.00.
NOTE: See instrument for complete terms and conditions, as well as
possible rights and options of the mortgagee.
7. Easement for Transmission lines and related purposes in favor of North-
ern States Power Company as contained in Book 297 of Deeds, on page 115.
NOTE: The Company certifies that the planned improvements as shown on
proposed Site Plan prepared by Columbian Engineering and Services, Inc.
drawn August 30, 1977, revised May 11, 1978, are acceptable to Northern
States Power Company.
8. Restrictions contained in lease with Red Owl Stores, Inc. filed August
23, 1967, in Book 16 of Miscellaneous page 240 that no portion of the
shopping center premises, except that leased to Red Owl , shall be used
in any manner for the sale of food products for consumption on or off of
the premises during the term of the lease and any extensions thereof.
Said restriction shall apply especially, but not exclusively, to grocery
stores, bakeries, delicatessens, meat markets, dairy or milk stores
etc. , as such Restrictions are modified by Agreement dated April 16,
1979, and recorded on April 18, 1979, as Document Number 389049.
9. Subject to that certain St. Croix Mall Real Estate Development Agreement
dated April 17, 1979, recorded April 18, 1979, as Document Number
389052. For particulars, see attached Exhibit "A".
CONTINUED
T
TIM Form 2110
•
• f ,
File No. 98532 Policy No. AZ 177890
SCHEDULE B Continued
10. Easement agreement dated April 17, 1979, recorded April 18, 1979, as
Document Number 389057. For particulars, see attached Exhibit "B".
11. Easement Agreement dated April 17, 1979, recorded April 18, 1979, as
Document Number 389054. For particulars, see attached Exhibit "C".
12. Memorandum of Lease dated February 27, 1979, recorded August 29, 1979,
as Document Number 394863, by and between Financial Properties Developers,
Inc. , as Lessor; and K Mart Corporation, as Lessee.
Assignment of Lessor's interest in above named Lease dated August 15,
1979, recorded August 29, 1979, as Document Number 394867, to First
Trust Company of Saint Paul , as Trustee with the consent of the City of
Oak Park Heights, Minnesota.
13. Memorandum of the Installment Sale Agreement and the Assignment thereof
dated August 15, 1979, and recorded August 29, 1979, as Document Number
394866, by and between Financial Properties Developers, Inc. , as "Buyer";
and The City of Oak Park Heights, Minnesota, as "Seller"; and First
Trust Company of Saint Paul , as Trustee, as "Assignee."
14. Agreement (Bond Proceeds Assignment) dated August 15, 1979, and recorded
August 29, 1979, as Document Number 394872, by and between Financial
Properties Developers, Inc. , "Developer"; First Trust Company of Saint
Paul , as Trustee "Trustee"; and Mellon Bank, N.A. , "Bank. "
15. Financing Statement recorded August 29, 1979, as Document Number 394868,
under the provisions of the Uniform Commercial Code, the debtor's name
is: City of Oak Park Heights, Minnesota, and the name of the secured
party is: First Trust Company of Saint Paul .
16. Item Number 1 under Schedule B is hereby amended to read as follows:
Facts arrising subsequent to April 18, 1979, which would be disclosed by
an accurate survey of the insured premises.
17. Assignment dated August 15, 1979, recorded August 29, 1979, as Document
Number 394871, assigns Lessor's interest in that certain Memorandum of
Lease recorded as Document Number 394863, to Mellon Bank, N.A. , and by
this instruments own terms is subordinate to that certain Assignment
recorded as Document Number 394867.
18. Supplemental Installment Sale Agreement dated August 15, 1979, and
recorded August 29, 1979, as Document Number 394870, by and between
Financial Properties Developers, Inc. , as "Buyer"; and City of Oak Park
Heights, Minnesota, as "Seller"; and Mellon Bank, N.A. , as "Assignee. "
19. Financing Statement recorded August 29, 1979, as Document Number 394873,
under the provisions of the Uniform Commercial Code, the Debtor's name
is: City of Oak Park Heights and the name of the secured party is:
Mellon Bank, N.A.
*kw
_ • Exhibit "A"
t •
a c • ~
ST. CROIX MALL REAL ESTATE, DEVELOPMENT AGREEMENT
3
„,, 111 HIS AGREEMENT, made and entered into this hill day 1
1 of p1^I L__L . 1979, by and among Swager Bros.
, r' `° i Inc. (eiereinafter referred to as "Swager Bros.") , St. Croix i
,, f Bowl, Inc. , (hereinafter referred to as "Bowl") , Duenow
Foods, Inc. formerly Duenow Corporation of Minnesota (herein-
4 + after referred to as "Duenows") , Financial Properties De-
velopers, Inc. (hereinafter referred to as "Financial"),
and Oak Park Development Co. , Inc. (hereinafter referred
- to as "Oak Park"). __ --
,'e.' WITNESSETH:
WHEREAS, Swager Bros. is the fee owner of the follow-
•" • ing described property, located in the St. Croix Mall, legal-
ly described as follows: ,
Lots 7, 8, 10, 11, 12, 13, 14, 15, 16 and 18, Block
• 1, St. Croix Mall P.U.D. according to the plat thereof
on file and of record in the Office of the County Record-
. Washington County, Minnesota, (hereinafter referred
r 1 to as the "Swager Bros. Tract"); and
,
,, F WHEREAS, Bowl is the fee owner of the following describ-
ed property, located in the St. Croix Mall, legally describ-
ed as follows:
,' Lot 9, Block 1, St. Croix Mall P.U.D. according to f
the plat thereof on file and of record in the Office I
i.;, of the County Recorder, Washington County, Minnesota,
(hereinafter referred to as the "Bowl Tract"); and ,
1 1
, ,, I WHEREAS, Duenow is the fee owner of the following de-
,)';'.' (
. scribed property, located in the St. Croix Mall, legally i
4° ' described as follows:
?; �{ Lot 5, Block 1. St. Croix Mall, P.U.D. according to •
t ' ,'":,,f, ; 'I the plat thereof on file and of record in the Office
PI ( of the County Recorder, Washington County, Minnesota,
fi' sJi A � C4 (hereinafter referred to as the Duenow Tract"); and
't' r 'I1
a' , k. 1 WHEREAS, Financial is the fee owner of the following
s,x� : ?iY , .C..1 described property, located in the St. Croix Mall, legal- r
1 ly described as follows:
, e,
t ' 1.. Lot 6, Block 1, St. Croix Mall P.U.D. according to
. < the plat thereof on file and of record in the Office
of the County Recorder, Washington County, Minnesota,
(hereinafter referred to as the Financial Tract");
i WHEREAS, oak Park is the fee owner of the following
described property, located in the St. Croix Mall. legal-
ly described as follows:
Lots 1, 2, 3, and 4, Block 1, St. Croix Mall P.U.D.
;� according to the plat thereof on file and of record
THIS INSTRUIENT DRAFTED BY: ! ,
HOWARD R. TURRENTINE, Attorney at Law +
Suite 203, Oak Park Heights State Rank Bldg. \ •
Stillwater, ill 55082 1OLgs..191 y( g.'4 1'44
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in the Office of the County Recorder, Washington County,
Minnesota, (hereinafter referred to as the "Oak Park
;1.
Tract") ; and
WHEREAS, Oak Park has entered into a Mortgage dated
August 1, 1972, with The Minnesota Mutual Life Insurance ;
P'' Company, a Minnesota corporation, as mortgagee (hereinafter 1
referred to as "Minnesota Mutual") which Mortgage was filed i
August 7, 1972, in the Office of the Register of Deeds,
Washington County, Minnesota in Book 233 of Mortgages, on
Page 369, as Document Number 303738, which Mortgage was
_ amended by an Amendment of Mortgage dated November 27, 1974,
filed December 11, 1974, in the Office of the Register of
Deeds, Washington County, Minnesota, in Washington County
Records 1974 as Document Number 329498 and which Mortgage
a is being amended concurrently herewith so as to encumber
real property located in the St. Croix Mall and legally
described as:
Lots 1, 2 and 4, Block 1, St. Croix Mall P.U.D. accord-
ing to the plat thereof on file and of record in the
Office of the County Recorder, Washington County, Minne-
sota, (hereinafter referred to as the "First Minnesota '
Mutual Mortgage") ; and
r �S 1
<� WHEREAS, Oak Park has entered into an additional Mort-
gage with First National Bank of St. Paul, a National Bank-
+y ' ing Association, dated May 23, 1974, which Mortgage was •
filed June 5, 1974,
in the Office of the Register of. deeds,
Washington County, Minnesota, in Washington County
1974 as Document Number 323413, which Mortgage was amended
s ` by Amendment of Mortgage dated November 27, 3974, filed
�} r in the Office of the Register of Deeds, Washington County.
Minnesota, on December 11 , 1974, in Washington County Records
1974 as Document Number 329492; and which Mortgage was assign-
'� ed to Minnesota Mutual by an Assignment of Mortgage dated .
r r November 27, 1974, filed December 11, 1974, in the Office
Fr,� i of the Register of Deeds, Washington County, Minnesota in
;`; ; . Washington County Records 1974 as Document Number 329493
1 which Mortgage is being amended concurrently herewith so
as to encumber real property located in the St. Croix Mall
t• i and legally described as:
•
>~4at'1e`
1 , a Lot 3, Block 1, St. Croix Mall P•u.D. according to
W the plat thereof on file and of record in the Office
e of the County Recorder, Washington County, Minnesota;
,,,,f (hereinafter referred to as the 'Second Minnesota Mutual
Mortgage") ; and
•
sO
" -_ WHEREAS, Oak Park has entered into a Mortgage dated
November 16, 1977, with Prospect Company, as mortgagee
(here-
inafter "Prospect") 9 ase ilede-
r r ref
referred to as
r November 30, 1977, in the Office ofw the hRegister eofaDeeds.
4, ! , `../ Washington County, Minnesota as Document Number 367705 which
r:4t Mortgage now encumbers real property located in the St.
,,''', %.
' FNA Croix Mall and legally described ass
E
" u r" Lots 1, 2, 3 and 4, Block 1, St. Croix Mall P.U.D. r
A according to the plat thereof on file and of record
in the Office of the County Recorder, Washington County, j •.
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Minnesota, (hereinafter referred to as the "Prospect
Mortgage") ; and i
r
WHEREAS, Swager Bros. , Bowl, Duenow, Financial and
Oak Park are engaged in the business of leasing, developing
or operating retail business in the St. Croix Mall, and
' have a mutual interest in providing adequate ingress, egress
and parking for the St. Croix Mall customers, providing
for the accessability and maintenance of utility services,
$ and providing for the maintenance, upkeep e
the parking and common areas. p p and repair of
t
NOW, THEREFORE, in consideration of the mutual coven-
ants and conditions contained in this Agreement, it is here-
by agreed between
the ti
ar
P es as follows:
a DEFINITIONS
1
1 1. For the purpose of this Agreement, the following
'' i: terms
shall have the following wing meanings
a. "St. Croix Mall shall mean the total land
owned by the parties hereto as set out in
the attached survey marked as Exhibit "A"
, and made a part hereof.
b. "Net Leasable Square Feet" shall mean the I
total square footage of any building or build-
ings now or hereafter located in the St. 1
Croix Mall excluding walls, common areas
T
�`
and non-pub
lic facilities.
c. "Structures" shall mean all buildings, signs, I
f "` pylons, pedestals, utilities, improvements
or other similar structures whether permanent
or temporary in nature and located within
/----.. the St. Croix Mall.
'
" d. "Utilities" shall mean all present or future
i
gas, water, sewer or electric services, includ-
" I ing lines, pipes, poles or other devices
' used to transmit such services
m f
ces and located
�s, within the St. Croix Mall.
i
" w PARKING EASEMENTS
5 ' ' 2• Each of the parties to this Agreement does and 1
has by these presents, granted, bargained, sold and conveyed
to each other party, their successors and assigns, the right.
title•and privileges of a permanent non-exclusive easement
';
,, < for the purposes of ingress and egress and parking on, over
and across cruise lanes, parking areas, and sidewalks of
the parties respective Tracts as shown on the attached site
;
?f , plan marked as Exhibit "B" and made a part hereof. This
aN 4' , 0 t./(�� easement shall include pedestrian and vehicular traffic
... : and shall be for the benefit of each other party, its suc-
" k cessors, assigns, tenants, invitees, licensees and employees.
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(0 PARKING AREAS _
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3. Financial shall have the obligation of installing
paving for parking
tional parking spaces rinsaSratiohequalltorsixd(6)ofor each
S s 1
1000 square feet of Net Leaseable Square Feet of buildings
: j , on the Financial Tract. Financial shall have the right
to install such paving on any portion of the Financial Tract
{ lying southerly of the buildings located thereon and on C i
any portion of Lots 4, 10, 11, 12, 13, 14, 15, 16, Block ' ;
1, St. Croix mall P.U.D. which lie within the area designat- - t
: i
ed as the Northern States Power Company Easement on the
_ attached survey marked as Exhibit "A" (hereinafter referred as the "Easement Area") . For eferzed
�•' purposes hereof Swager
Bros and Oak Park hereby grant and convey unto Financial
its contractors and employees, such temporary construction
licenses as are necessary to complete said parking. Finan-
cial shall be further obligated to repair and maintain said
parking area whether located on the Financial Tract or Ease-
+ ment Area at its sole cost and expense. Financial agrees
, that it will not reduce the number of
the Financial Tract and Easement Area and keach sofc the oother
parties agree that they will retain the existing number
r' of parking spaces on their respective Tracts as of the date
4 of this Agreement.
ry i
J UTILITY EASEMENT
t
4. Each of the parties does and has by these presents 1
granted, bargained, sold and conveyed onto each other party
a permanent, mutual and non-exclusive easement upon over ■
and within the areas outside of the building perimeters
for the purposes of. constructing, operating, maintaining i
' and repairing sanitary sewers, storm drains, water and gas
mains, electrical power lines, telephone lines, and other
r'. utility lines for use in common with the other `
The location of all such easements shall be subject ito.
the f
i%----` reasonable prior writ ten a pp rov al of the party
in, to. over
" ,� - and under whose Tract the same is to be located. Said ease-
*' ment is a).$) subject to the obligation of the party benefit-
..; , I ed by the utility easement to construct, maintain, repair
and replace same at its own cost and expense, and to repair '
sry ti or replace in kind and in quality any damage caused by
-4I benefited party to the improvements of the other party ore
{ "" ;' parties caused by the exercise of the rights herein contain-
; ` m ed at its own cost and expense; provided, however, no
party
'+ shall unreasonably interfere with the operation of the busi-
ness of the other parties in exercisin g its ri g hts pursuant
to this easement.
a
< At any time the grantor of any of the utility easements
r described herein shall have the right to relocate on the
Tract of the grantor any such facilities then located there-
�''
/a) on provided 'that such relocation shall be performed only
after thirty (30) days' notice of the
_ - to so relocate shall have been grantor's intention
"' such relocation: given to the grantee, and
"
a. shall not interfere with or diminish the utility i
services to the grantee.
b. shall not reduce or unreasonably impair the useful-
' tress or function of such utility; and
�a.
__/ -.
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C`7 shall be performed without cost or
f grantee and the materials and design expense to
be equal in connection with such relocation stashall
goal to or exceed relocation shall
those originally used.
:.' The utility easements
"• ,y, ; reiprocal, perpetual and shall run herein shall be mutual
k
above.however, such utility easements may betrelocatedd� provided.
provided
as provided
It is specifically
shall at any eime y understood and agreed
first obtained,time, without the consent of all that no party
- — herein boy wad, terminate or interrupt the easements een pgra to
here nxf water protection or ti/i granted except for a temporary interruption necessary ser-
vice
making of required necessar
repairs, y for the
EX P_ A_NSION
S. Each of the
tent of their respective agrees that an
e
in a of pective Tracts of land will Ybeurthfr develop-
,
lass workmanlike manner,
being sprink]ered, and . with all buildings
' • constructed wall not owned by the expanding that
!' }.
constructed with a separate wall expanding their respective
expanded
development will remain separate Sn that ineir
the parties further and distinct. respective
{ % � wttTM of ingress agree that they t• Ege of
•� its ngress or egress of the location of not elane points
^ without the unanimous °f cruise lanes on
ordinance may regulation.berequired by an governmental agency,n y,
gene parties,
,�, qP,,�{: 1 Y. law,
MAINTENANCE,_ _-
6. Each
�k and uniform snow the parties agrees
-4,,
upkeep, removal, to provide, main fna
°t � � P, repair and grounds keeping, prompt
�� respective Tracts in the of all common aareas aoretheir
`
�.� respective peis a St. Croix Mall. The
t - paragraph shall be considered met by°alia party tiops
,� in9 its pro-ra
' rros. according to the termsmofnanarea aseror to u Swager
sepay
,,��• c ' rn and Swager may be negotiated lease or by se a
a as Y such a r_
ti 9er Bros, between each party hereto i
It is expressly
Minnesota Mutual should understood, however, that
"#} � � * ,`" co the St. Croix Mall through owner of an in the event
lieu thereof, throe h foreclosure,Tract
k' , '�
by any contract or any other means,mortgage i fshallosot deed
ou in
b it shall not o
with its obligations lease with Swager Rros, be bound
with its bligations hereunder to maintain repair,
f _ or Tracts, repair, and
land-
''f ' LIENS AND DESTRUCTION
la) 7• Each part
:' respective due dares hereto shall pay on or before
ed pe reason including such dates a y their
4l of a contest of, all taxes and as se
�� the Payment of which may be entree;sh-
a �, Thect rmeerrod would be secured b assessments.
tin { r 4 Ptly, upon requestiofowned by such party,ien upon any
, prom
� $ the owner of any otherd sactl
1-',„,,,, i Tract affect-
,',,.
ct-.
affe
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v) ed hereby, furnish to such owner tax receipts evidencing #
o such payment. In the event of any destruction of, or damage
of any improvements upon any portion of the property affected
by this Agreement, the owner of such Tract shall, at owner's i
option either:
a. Cause such improvements to be repaired, reconstruct- i
ed and restored as nearly as practicable to the j
condition existing just prior to such damage or j
destruction; or 1
( i
• b. Cause other improvements to be constructed on
the area covered by the destroyed or damaged im-
( provements, which other improvements are similar
to, compatible with and integrated with the remain- --
ing development; or
c. Cause the area covered by the destroyed or damaged
improvements to he razed and the area then to
be made free of any hazards or unsightly condi-
tions. Any driveways or parking areas will be
returned to their condition just prior to damage
or destruction and all areas shall be kept clean
and maintained in a first-class manner; or
l d. Cause any combination of the foregoing to occur.
i i
If either party hereto shall default with respect to any
of its obligations set forth in this Agreement and such
r{' default shall continue for thirty (30) days after receipt
of written notice thereof from the other party (hereinafter
referred to as the "Complaining Party") , then the Complain-
; �" ing Party shall have the right to cure such default for 9
the account of the defaulting party and be reimbursed by
the defaulting party for reasonable costs and expenses so
incurred, plus interest at the rate of eight (8 1) percent t
per annum. Such right of reimbursement shall be secured
by a lien and charge which is hereby treated upon the prop- i
�. erty of the defaulting party affected by this Agreement: ■
however, such lien and charge shall be subordinated and
i I �1 inferior to any mortgage held by an insurance company, bank,
+ trust company, savings and loan •
association. pension, or f
profit-sharing trust secured by the property of the default- i
�, ing party.
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h, • ► I EXCULPATION f
i
.. 11 4 8. Notwithstanding any of the covenants and condi-
4;, 4 ' tions herein contained, no fee owner of all or any part
art y of the respective tracts, nor its partners, shareholders,
officers, executors, personal representatives, transferees,
heirs, successors or assigns shall be personally liable
' '' , for any of the obligations arising from this Agreement,
r and any judgment rendered thereon shall be limited to the
Vii" fee owners' interest in its tract as aforesaid. The fore-
� { ' /l)'} going provisions concerning the limitation of liability,
� �+.� --- do not in any manner and shall not be interpretated or con-
strued to affect or impair the rights of any parties to
pursue any remedy at law or equity which any party may have
hereunder and is intended only to limit the enforceability
r 4 a,
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c) of obligations hereunder to the fee owner's interest in
i •its tract.
M
= EMERGENCY EASEMENTS {
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9. In order to provide adequate access for emergency
and utility vehicles each of the parties grants to the City '
of Oak Park Heights an easement for ingress and egress for
j public emergency and utility vehicles on and over the St.
Croix
Mall.
c
BINDING EFFECT
i
' 10. This Agreement shall inure to the benefit of and
I run with the land owned by the parties and shall be enforce-
i -I'
binding va able and upon h
. 9 P the parties to _
P this Agreement, their
t' heirs, successors, assigns, transferees or vendees. It
is understood that this Agreement in no way transfers any
r right, title or interest in the St. Croix Mall to any other '
parties, but on t
only gives the parties to this Agreement the
permanent, mutual and non-exclusive rights to use certain
property owned by the other parties for the purposes set
•
: forth in this Agreement.
4.
yr.
EFFECTIVE DATE
"ir 11. This Agreement shall become effective and binding '
upon the parties as of the date and year first above written.
1
OAK PARK DEVELOPMENT, 1
CO., INC.
1
BY ,"1'''�1 , ..,/ - 'f..� l
•
Its Gip_tk,IL
1
By Tosiii,;iiti.42,./..erci
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' '++ STATE OF MINNESOTA )
LI
)SS. '
t COUNTY OF WASHINGTON )
1 The foregoing instrument was acknowledged before me this
`1 day of c lN.( ,1979, by 1�r,■ v11\iM S■ :/icv+.
and by �i()>\t. It i k !' cloy\ of Oak Park Development
Co. , Inc. , on behalf of the corporation
\•\ ,-
. ,r-. 7 R. TURRENTINC �\
�,., i
y'j , •nn ..1311
Notary Public i
SWAG BROS. , I C. /
1
,• « ' . 11 B /1-A440-, 31.):1 -‘—"et/f-1_, t
BY / .,'-,..,1 j' `," (1.11 de.Ill?s°''.
STATE OF MINNESOTA )
'a ' )SS.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this
t ,
IL day of (. ■ . 1 .1979, by k.r,i'111snR SI„•r•r F•,
and- by : 1„Tt ',„, r.� 1\ of wager Bros. ,Inc.
on behalf of the corporation.
4 !r
.. \ ) V\ _ ■k: ■, t�
i ) ^^' .1 Notary Public
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■
ST.,.0 I% BOWL INC.
(( ( 0
i BY r,,/ i4 . e.1iii i
`,'��i °+ and 'ic—rti
� /!l'
r,"--27,424,
�fi� -„e.,;',„:”
' STATE OF MINNESOTA )
• )SS.
4
�' 1 �~ COUNTY OF WASHINGTON )
r I, 1 The foregoing, instrument was acknowledged before ne this (lt\
n day of C u (. ,1979, by St\}.,o S G. c11u t.QL of St. Croix
4, # i` as, and by t..IY1v1C nyt +t"
•at 1 1,'s 1 "! ! Bowl, Inc. on behalf of the corporation. _ _
,y' 44 ', < S 4 I k
*•
Notary Public
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o t DUENOW FOOT)S, INC. , formerly i
co DUENOW CORPORATION OF MINNESOTA
01 1 By 1
and
I By u.i
STATE OF . 1 V.
`
I
\ v.��V ESQ,i� )
I )SS. 1
- i COUNTY OF LI1l∎N1IA.;, {( ) I
The foregoing instrument was acknowledged before me this _WI i
1 da of �T _ ,1979, by CZ cnc T7,�r..e,J i
and by _ f
of Duenow Foods Inc. , 1
1 _ former1 Duenow Corporation of Minnesota, on behalf of the
_
- corporation. .�
°WA,D 4.ENTINE I
.. t...s. ,11...
...^' I Notary Public
4: Y FIN(NCIA' PROPERTIES DEVELOP S, INC.
BY jr� _sg V f/
ade" /
P:-
STATE OF ( Y1 IN►.1Ese1'P )
COUNTY OF Rp'^= -,1 )
The foregoim instrument was acknowledged before me this
J'1 + dayx of _
- f+Pri I ,1979, by es hNtioQ�N/
by 1`0 _ itl,(-c. S
of Financial
x+1 Properties Developers, Inc. , on behalf of the corporation.
+ i / X1C►LCARWAl140/►4c11 * J\J, J "'St-II-Al
Et YJ JDLF'I �
\ , 3 r."T •r r.', .1CTA Notary Public
' r-i, , h' ‘ L'y Cc. ..1 Ex-1 Fc).1J,17E.,C
. ." . 1 +• CO XVI rmtrvrir vVtolerrillrnriv►vrvtX
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4t ,. '''lk� We, the undersigned, being a tenant of the St. Croix
Mall, hereby consent to the execution of the attached Real •
Estate Development Agreement, dated Ole �1� A day of rl L
1979, by Oak Park Development Co_ , Inc_, our Landlord. We
1�
: a1,ree to be bound by the terms of this Agreement only to the
e:,tent that:
(1) Said terms do not contradict or limit any of the
' t' t. provisions of our Lease; and
},4 (2) Only to the extent that none of our rights are
compromised or reduced by our said Agreement.
In the event of any conflict between the terms of the Agreement
and any of the provisions of our Lease or our rights thereunder,
said Lease shall control.
4,
pcD .wL STORES, INC.
Bw
t r a an -1';...p. 4( ent
n .,
1 `1Y• � '
y" STATE OF MINNESOTA )
O h'cArv'r-w )Ss.
1' COUNTY OF iSt1Itdi'T(N )
,� 1 + The foregoing instrument was ackno-.rledged before me this
k %� i day of /�6/�/�UNi��! .1979. by pry]<<vr�V (Name a of Officer)
President
'
.11� and b¢ e." � (Title ot Utticer) Y
t � , o N yso /v -etary. of Red Owl 5'ro, Es_ lwc
� . rrGNHR� C .
(Name of Officer and Title of Officer)
4 4 '' ' , ,, �, •
; on behalf of the corporation.
1' I
I I
± Notary Public
{1 y � d , N, . e ?N
144 I CP_.Iiy
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�j� W :.:.,My Cummas on(van F.O.19.1982
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CONSENT AND AGREEMENT
OF
a _
THE MINNESOTA N'ITUAL LIFE INSURANCE COMPANY
µ We, the undersigned, The Minnesota Mutual Life Insur-
' ,` ance Company, as mortgagee, pursuant to both the First Minne-
- sota Mutual Mortgage an the Second Minnesota Mutual Mort-
gage as defined in the .•ttached Agreement, hereby:
1. Consent to th- execution of the attached Real
Estate Develoment Agreement tqy Oak Park Develop-
. ment Co., Inc. , dated the Ot`` day of APpit_
1979, and agree to its terms only to the
r ` ! extent that said terms do not contradict or limit
any of the provisions of our mortgage.
2. For $1.00 and other valuable considerations, re-
ceipt of which is hereby acknowledged, releases
conveys and satisfies that portion of the First
Minnesota Mutual Mortgage as it encumbers the
following described tract of land, lying and being
within the County of Washington, State of Minnesota:
All that part of Lot 6, Block 1, St. Croix Mall P.U.D.:
That part of the Northwest Quarter of the
, .; Northeast Quarter of Section 4, Township 29 North,
r ,- Range 20 hest, in the City of Oak Park Heights,
Washington County, Minnesota, described as follows:
Commencing at the Northwest corner of said North-
west Quarter of the Northeast Quarter; thence
South 1 degree 54 minutes 06 seconds East, assumed
bearing, along the West line of said Northwest
•r Quarter of the Northeast Quarter a distance of
=— 405.00 feet; thence North 89 degrees 15 minutes
24 seconds East, a distance of 260.00 feet, thence
South 1 degree 54 minutes 06 seconds East, parallel
with the West line of said Northwest Quarter of
the Northeast Quarter, a distance of 135.00 feet;
thence North 89 degrees 15 minutes 24 seconds
East, a distance of 50.07 feet to an intersection
with a line 310.00 feet East of, measured at a
•
right angle to and parallel with the West line
If3 of said Northwest quartger of the Northeast Quarter,
which is the point of beginning of the land to
be described; thence continuing North 89 degrees
15 minutes 24 seconds East, a distance of 13.20
>• feet, thence South 1 degree 23 minutes 45 seconds
,!]� East, a distance of 428.48 feet; thence South
k '�1�• 88 degrees 05 minutes 54 seconds West, a distance
of 9.42 feet to an intersection with a line 310.00
; V feet Fast of, measured at right angles to and
parallel with the West line of said Northwest
Quarter of the Northeast Quarter; thence North
1 degree 54 minutes 06 seconds East, along last
said parallel line, a distance of 428.73 feet
to the point of beginning.
a
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47
la •
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M
3• Waives its right, obligation and requirement to
# I
join in the execution of the survey and plat of
Croix Mall.
k:
I '
THE MINNESOTA MUTUAL LIFE
INSUAjCE COMPAN
k_4_
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Its PAUL GOCC; 3,St
.c043 VICC Fi,_ ,CCJJT
By J)IW J,
+ Itst;;ARLYS h"AIiLE�ASS!STANT SECRETARY
. A
STATE OF MINNEOSTA)
COUNTY OF 1 (SS
t nwt c�,
The foregoing
this _ /ice day ofi��trument was a1979, bdged�befo�e me
the a fbi(� i
, ,, of The Minnesota
InsuranCe�pany, a tMiin eso a corporation, on behalf oflfe
corporation.
i�
/' 4 l iti �Y. •l.1 Glut•A f
''',4:,‘:a !Y� w r'' " — Fi�, BUZANME O.HU3T1N(ie
� 3 •�T MQTr1XoouN"ry°TA
^ Mr Commlsskn[gibes Map 1/,1985 i
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�X SAN^3 .wh ♦' �I 1
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po CONSENT AND AGREEMENT
OF
PROSPECT COMPANY 1
We, the undersigned, Prospect Company, as
mortgagee pursuant to the Prospect Mortgage as defined
in the attached Agreement, hereby:
1
,+ 1. Consents to the execution of the attached Real
__ _ Estate Development Agreement by Oak Park Development
Co. , Inc. , dated the Ilt4 day of '^ piN l- , _
, , 1979, and agrees to its terms only to the extent
that said terms do not contradict or limit any
of the provisions of our Mortgage.
i
2. For $1.00 and other valuable considerations, receipt
of which is hereby acknowledged, releases, conveys
and satisfies that portion of our mortgage as
it encumbers the following described tract of
land, lying and being within the County of Washington,
1 State of Minnesota: All that part of Lot 6, Block 1, ,
• St. Croix Mall P.U.D. :
x That part of the Northwest Quarter of the
Northeast Quarter of Section 4, Township 29 North, '
Range 20 West, in the City of Oak Park Heights,
Washington County, Minnesota, described as follows:
Commencing at the Northwest corner of said North-
{�t west Quarter of the Northeast Quarter; thence
South 1 degree 54 minutes 06 seconds East, assumed
bearing, along the West line of said Northwest
Quarter of the Northeast Quarter a distance of
• 405.00 feet; thence North 89 degrees 15 minutes `
24 seconds East, a distance of 260.00 feet, thence I
? � � ' South 1 degree 54 minutes 06 seconds East, parallel
• with the West line of said Northwest Quarter of
0, I the Northeast Quarter, a distance of 135.00 feet;
■ thence North 89 degrees 15 minutes 24 seconds
1 East, a distance of 50.07 feet to an intersection
with a line 310.00 feet East of, measured at a ,
ti right angle to and parallel with the West line
m of said Northwest quartger of the Northeast Quarter,
which is the beginning t
�Y , point of be innin of the land to
I, m be described; thence continuing North 89 degrees I
, 15 minutes 24 seconds East, a distance of 13.20
� feet, thence South 1 degree 23 minutes 45 seconds
�i East, a distance of 428.49 feet; thence South
Jr, a 88 degrees 05 minutes 54 seconds West, a distance
t '1 of 9.42 feet to an intersection with a line 310.00
* a' _ feet East of, measured at right angles to and
parallel with the West line of said Northwest
/m� .? Quarter of the Northeast Quarter; thence North ,
p., "' L
e ✓ 1 degree 54 minutes 06 seconds East, along last
"+,''''',• said parallel line, a distance of 428.73 feet
1.t".. WI- ', to the point of beginning.
al _} 3. Waives its right, oblgiation and requirement
±` 4 - 4 to join in the execution of the survey and plat
r
., J _... ._ �.�.. - "1r._
•; Vii
, "fl
N: '
UO
M
of the St. Croix Mall.
r
PROSPEC/� COMPA Y •
By
, jj !J _91.-
; �
Its J�n
t6tn.JAL af)-i/1'6Ee,
a +
1 By
y - _ Its ____
l
i
STATE OF MINNESOTA)
(SS,
COUNTY OF N. wO,n
4,NE'
The foregoing instrument was acknowledged before me
,. this 1-71!= day of 11fr; 1 , 1979, by ecUpr`i-
LiF L —c -3 Y. c/ I
, the , ,1:.� 111�,ia ear
aw�Ir•iK of Pros ect Company a
� corporation,on behalf of the
corporation. '
1
40P.Traf
IF
-- ,/iii
X
JOHN i.CANDELL
'x,• 4 JOTARY FU EiUC•MINNESOTA 1
' / "'�� HENNEVIN COUNTY
IMr Ccmmisswn Exports M,r.3.1980
r- x
_s0r/5 7.• 1 0
6io.i �'1
su , I.
d ^ Bx 4 • �I ,r - .
14
Rota NULs .;■
■ k 1 1
..[e3 •{•
Exhibit ..B..
s .. . _ ,
tt _ ,
iJr' 1
a
J 1 +
1 f ■
' w " 1 I EASEMENT AGREEMENT .
�, M THIS AGREEMENT entered into this /•>`Lday of
r , ''
�' " � - ,A, , 1979, by and between ST. CROIX BOWL, INC.
P ,d 1
' i (hereinafter referred to as "St. Croix") , and FINANCIAL '•
I
�' y,• 4Ft i
PROPERTIES DEVELOPERS, INC. , a George corporation (hereinafter
, ; referred to as "Financial").
i
' WITNESSETH: 1
WHEREAS, Financial is the owner of a tract of land
in Washington County, Minnesota, being more particularly
described as: Lot Six, Block One, St. Croix Mall PUD. as
the same is on file and of record in the office of the County
Recorder in and for the County of Washington, State of Minnesota,
73s said property being hereinafter referred to as "Financial Tract"); and,
WHEREAS, St. Croix is the owner of a portion of that tract
4 4,' of land adjoining the Financial Tract along the western line of
11',,i id y ' ,a „'' the Financial Tract, being more particularly described as: Lot
0. iv -',,F,1.. w Nine, Block One, St. Croix Mall PUD, as the same is on file and
v -40:.0'L ro `
x4,' '4, '' i of record in the office of the County Recorder in and for the County
k of Washington, State of Minnesota, said property being hereinafter
referred to as the "Easement Tract"; and,
,,1,171',",t s fl , t WHEREAS, the parties hereto are mutually desirous of
, . I
1. ' creating the easements hereinafter set forth, and are mutually
;, � I desirous of establishing certain covenants and agreements relating
Jtl.<:r ,r r A
0.'4; :'+ = 0.1 �,''. � to each of the tracts aforesaid.
NOW THEREFORE, in consideration of the premises, the mutual '
x-. t :.;
r ', I benefits flowing to the parties hereto, and the mutual covenants
!• ti fl„ ' and agreements hereinafter set forth, the parties hereto do agree
,
), � ' as follows:
t ,r r a "%
•
011,-
s
Iao
M assigns, the right, title and privilege of a permanent non-
L I+
exclusive easement for the purpose of ingress, egress and
I • parking on, over and upon the Easement Tract. In connection
`1 with this easement, Financial shall have the right, at any
time and from time to time, to make such improvements to the
easement property herein described as it deems necessary and
appropriate for its use of said easement property, including,
but not limited to, grading, paving, maintaining and repairing
said easement property.
II.
xkE !
Develo P ment of Financial Tract
4 Financial shall develop its tract as a K mart
Shopping
Center.,p g All such construction shall be done in a
first-class, workmanlike manner.
4';$) .
4 ►tarp 1� tlly 'p..
Hutual Covenants of Each Party Hereto
Each party hereto shall pay at least ten (10) days
tz C prior to foreclosure all taxes and assessments, the payment of
which would be secured by a lien upon any tract referred to
herein o..-ned by such party, and shall promptly. upon request
a�s of the owner of any other tract affected hereby, furnish to
'.' such owner tax receipts evidencing such a
�„ ,A•��, � ��y P 9 payment.
r ti Financial shall maintain all improvements located t
1 upon the easement tract in a sound structural, operating con-
" a dition.
IV.
1,7 t: `• Remedies
4 t ` The parties hereto recognize and agree that, in
.?'K 'G 1a r�4. ' ►fit'7 ..'
f =t the event of default in the conditions of this agreement the
►fy remedy of the non-defaulting party shall be limited to injunc-
tive relief and damages for the default and that under no cir-
• cumstances shall cancellation of the rights granted hereunder
be available to either party.
- 2 -
l __
■
� I
v.
Exculpation I 1
Notwithstanding any of the covenants and condi-
tions contained herein, no fee owner of all or any part of
the respective properties nor its partners, shareholders,
,;K # officers, executors, transferees, heirs, successors and
assigns shall be personally liable for any of the obligations
arising from this agreement and any judgment rendered hereon
shall be limited to the fee owner's interest in its tract as
aforesaid and no deficiency or other personal judgment, order
or decree, other than injunctive, shall be rendered against
said fee owner or its partners, shareholders, officers, exe-
cutors, transferees, heirs, successors and assigns, in any
action or proceeding brought hereunder. •
VI..
The provision of this agreement shall be covenants
running with the tracts referred to herein and shall be bind-
ing upon and inure to the benefit of the parties hereto, their {;
�.` f—■ successors, heirs, assigns and all subsequent owners of said
tracts.
IN WITNESS WHEREOF, the parties hereto have
� caused this agreement to be signed with their seals affixed,
'
the day and year first above written.
fl ST. CROIX BOWL, INC.
By f2�+H1C o
es G. Bachel
•• _
and By ; /��t.t c+ 1�► j
Mavis D. Hondo!
(CORPORATE SEAL)
3 -
•
— — --r
S .
1 •
1 .
{
M i FINANC PROPERTIES DEVELOPERS, INC.
ti /
i i
BY: 4.1 .d ,r
1
r
ATTE IL 'i_. (ii
SEAL) ,
)
')1 i [CORPORATE�'^ , 1
- a _ STATE OF MINNESOTA ) 1
x ) ss.
COUNTY OF WASHINGTON )
r
On this ∎ IN 1-- day of AP" • 1979,
er-
before me, a Notary Public within and for said County. per-
,
Bache]. and Mavis D. Mondor
+-c•• ,1 sonally appeared James to me personally known, who, being each by me duly sworn they
did say that they are respectively the President and
Secretary/Treasurer of the corporation named in the foregoing
l ( instrument, and that the seal affixed to said instrument is
the corporate seal of said corporation, and that said instrU-
or
b
i '< '•' ', :'t > behalf of said corporation Y
r; , ment was signed and sealed in beh
.- " authorit y of its Board of Directors and said ,Imes C. Rarhol
D _
and Mavis . Mondor acknowledged said
w k U. x • instrument to be the free act and de said corporation.
'#, ' r ' ,
HOARD . TU... ..NE Notary Public 4)12,..L,V,1-7-a . c.-".. .
t '..r... .. ,.., My commission expires:
STATE OF __. ic"L//IIl1� )
11 # .'1 �- ✓ ) ss.
•
r / r • , * ,r^ i./i COUNTY OF tfi xj )
On this ,, f" day of ((,L,/4 , 1979'.
++' '+ ;!1, ?''4? t , before me, a Notary Public with'n and for said County, per-
I Jr , f and
.art i � # m�' t 4� t•' 4 rn sonally app ar�d ��?���,. � u / {�
' +.?-,�� r.., r rn; /7 "7?�, to me personally known, who, being
'4th , ` '''t., r 1 each by me duly sworn they did say that they are respectively
President and '2 ,+i.,�C'3"�tL.r� of the corpora-
tion` � i., tion named in the foregoing instrument, and that the seal •
� % ` affixed to said instrument is the corporate seal of said corp-
', 0 + , ,'}a,;,' „ oration, and that said instrument was signed and sealed in behalf
N of said corporation by authority of its Board of Dir ctaors and
a and xf :,/�ICQJ
said ��711. (J_k' wled f
. ? acknowledged/said ed/said instrument to be the free act
t and deed of said corporation.
• FotaXy PuY �li�
My commission expires:y •
6 r st yt u+ s
l,eo la.
i ( public,
Notary ,aa SaDt•16.197!
My Commtaraoe ca0
THIS INSTRUMENT DRAFTED BY:
HOWARD R. TURRENTINE
Attorney at Law
203, Park
Suite 203 Heights ei hts State Bank Bldg.
Oak
Stillwater,MN 55082 - 4 -
r
',� 1 ``` _____ —"'- -
. Exhibit "C"
x'41 ! • • •
ww
i
1 .
+1;? EASEMENT AGREEMENT 1
i
I
d t /.�ii,
-
;,, , c) i THIS AGREEMENT, entered into this // day of
;v` +0 . °O 4 �" i ' 7
1',' M i //4 , ( , 1979, by and between SWAGER BROS., INC. i
#p (hereinafter referred to as "Swager") and FINANCIAL PROPERTIES 1
l
k , A
' '
, , DEVELOPERS,
INC.,
a Georgia corpor a ti o n (hereinafter after referred
••• tl ±, s-'
y, ,, i 1 to as "Financial").
,
2'1,', ;; 1 W I T N E S S E T H .
y 1
WHEREAS, Financial is the owner of a tract of land
in Washington County, Minnesota, being more particularly des-
cribed as: Lot Six, Block One, St. Croix Mall PUD, as the same
is on file and of record in thQ office of the County Recorder
$ in and for the County of Washington, State of Minnesota, said
;° property being hereinafter referred to as "Financial Tract");
! he • ,. '
ti ,
and
ij) a"�d CS f f
.. r , i WHEREAS, Swager is the owner of a portion of that tract ,
�
, % f ' `` of land adjoining the Financial Tract along the southern line
. ,
" x of the Financial Tract, legally described as: Lots Eleven,
; i Twelve, Thirteen and Fourteen, Block One, St. Croix Mall PUD,
Co y`1Fn 'Y k
I as the same is on file and of record in the office of the County 1
. 1' `,"..' ! Recorder in and for the County of Washington, State of Minnesota, j
said property being hereinafter referred to as the "Easement
Q y P,� y Tract"; and 1
''i ' „�, t;p ,°.i� WHEREAS, the parties hereto are mutually desirous of 1
s, ' ��k,y{'rv' V_ 1
4/n 1 ,1 L'1414 ,
�',' f,„+ , creating the easements hereinafter set forth, and are mutually i
+� "'''0"' `'”' desirous of establishing certain convenants and agreements
; . -'+, ' ° o 9 relatin to each of the tracts aforesaid.
4 '
'4,:: . .::6..& '6 • 1
F.z,1r d NOW, THEREFORE, in consideration of the premises, the
�'mutual benefits flowing to the parties hereto, and the mutual
• 4; rit', /r _ _
4 t',',..'4'1 ,,,`'„: %,
r• '4 4, covenants and agreements hereinafter set forth, the parties
'1 , 1
�0, �+ r z hereto do agree as follows: I
Ol-
, �i;
JG
,, 6--,;-.4: C7lo Ii-e714 y,,I 11,,A _ '-
t.ey-n s2,
,','"'!.14:, t ��VI
1 J is
c. ' .• 0
, r
•
:• 1
r,:,, •
,.
i I. i
r 7
ifs Easements in Favor of Financial jj
r
+ t p i
k (a) Swager does, and has by these presents, granted,
bargained, sold and conveyed unto Financial, its successors
and assigns, the right, title and privilege of a permanent 1
non-exclusive easement for the purpose of constructing, opera-
ting, maintaining and repairing a storm drainage system and
pipe, over, under, upon and across Easement Tract for the pur-
t�.r
poses of serving the Financial Tract. The location of the
■
storm drainage line shall be in substantial compliance with the ._ _
Site Plan entitled "K mart 9612, Site and Utility Plan, Drawing
Number 62" and prepared by Richard L. Bowen & Associates, Inc.,
an excerpt of said site plan being attached hereto as Exhibit
"A" and by reference made a part hereof, and is hereinafter ref-
erred to as "the Site Plan". In connection with this easement,
Financial shall have the right, at any time and from time to
time, of ingress and egress over and across Easement Tract for
,
the purposes granted herein. The rights granted in this ease-
ment are subject to the obligation of Financial to repair or '
nanc 4
,.
replace in kind and quality any damage caused by Financial to s
tt" improvements of Swager caused by the initial installation or
repair of the storm drainage pipe.
(b) Swager does, and has by these presents, granted,� , I granted 1
bargained, sold and conveyed unto Financial, its successors •
1..?:' 4 y` � �il and assigns, the right, title and privilege of a permanent non-
1 exclusive easement for the purpose of accepting surface water i
a discharged from the Financial Tract over, upon and across Ease-
" ti '.4
a meat Tract. •
sy ` i
a• + r ,
II.
�
s� Development of Financial Tract
r;
Financial shall develop its tract as a K mart Shopping
.R Center. All such construction shall be done in a first-class.
workmanlike manner.
•
I�;, C , b
— 2 -
■
/
a_ -
e
' t ,•
. . .
,
r____,__
III. f
ifs Mutual Covenants of Each Party Hereto
i"x ` , '' ` `.O Each party hereto shall pay at least ten (10) days
Ch prior to foreclosure all taxes and assessments, the payment
; of which would be secured by a lien upon any tract referred
,
. _ to herein owned by such party, and shall promptly, upon request
1.,,,,,$:,
1,.r�,-.
N �6
;:' 4 ?" of the owner of any other tract affected hereby, furnish to
1"
'B°� such owner tax receipts evidencing such payment. ■
i Financial shall maintain all improvements located upon j
the Easement Tract in a sound structural, operational condition.
ry L 1
1 Y
;, r' t, . I IV.
„t fit,
„, Remedies.
The parties hereto recognize and agree that, in the '
Nit t ■ event of default in the conditions of this agreement, the remedy '
'% ': ,,, of the non-defaulting party shall be limited to injunctive
„ relief and damages for the default and that under no circum- i
,., , ar 4 stances shall cancellation of the rights granted hereunder be
, u
Sri, r r r available to either party.
V.
r 7,'
Exculpation
s ,V , I 'I I Notwithstanding any of the covenants and conditions
contained herein, no fee owner of all or any part of the res-
n
�I 1 pective properties nor its partners, shareholders, officers,
” executors, transferrees, heirs, successors and assigns shall
”+*- � be personally liable for any of the obligations arising from r
- i
r' a this agreement and any judgment rendered hereon shall be limited
Ft;
;- .. - ' to the fee owner's interest in its tract as aforesaid and no
��(]�, deficiency or other personal judgment, order or decree, other
than injunctive, shall be rendered against said fee owner or
its partners, shareholders, officers, executors, transferrees,
-4 heirs, successors and assigns, in any action or proceeding
r brought hereunder.
'
3
k)11;\ /
h'}r .; L6 a
_1 __----.
I , *^ ie
' i . A 1-------.-
i
, ,
..y
f 111 VI.
O 1
Cr; i
00 The provisio of this agreement shall be covenants ,
M �
running with the tracts referred to herein and shall be bind- {
f
ing upon and inure to the benefit of the parties hereto, j
� •
{ their successors, heirs, assigns and all subsequent owners
1
of said tracts. I. I
e 1
IN WITNESS WHEREOF, the parties hereto have caused
` this agreement to be signed with their seals affixed, the day
and year first above written. 1 .
,
SWAGER BROS., INC.
! Ch 1 .
y „ Its: President ...d BY: r-11-A-•z-C:Iht,,S* 1 4.2-"CA-1... . ;
I
,. i ji avvl f-
,
4`f + ? It : Secretary
.a,•� ,
,. 1 [CORPORATE SEAL
'f..,.l c'* , , / FINAN PROPERTIES DEVELOPERS, INC.
a e BY: ,AW4A r - a✓, 1
b+ v • , s: _President /
F' ATTEST: \�1 . .t lb
.• '?
Its k s. �_ Secretary
+,' [CORPORATE SEA
L)f y , 4.
�. r
,'.fir' - ' STATE OF MINNESOTA N.
,,sy+ ry " ►, COUNTY OF kdk)ClD titu}tti t
4, ` '11. ,+ On this (1 t day of C& '..f , 1979, before me, a
Notary Public within and for said County, personally appeared
�K ? ' AA0\,'\.\..• *VIA 's 1 c,t k.-v and `(1(1►.N. l_. StN,i,ac14,1 •
'(' . ' to me personally knd14, who, being each by me duly sworn they `
did say that they are respectively the President and (i
'«� � f Secretary of the corporation named In the foregoing •
µn".�d y , , • _ - instrument, and that the seal affixed to said instrument is the•it .� ,. '• ;; corporate seal of said corporation, and that said instrument
n t I was signed and sealed in behalf of said corporation by authority
',,, of its Board of Directors and said f 1v1.10, Stt,k,- p• and
A,rru«J L S(..)ec Pl, acknowledged said instrument to be the free
,Xf -I act and deed of said corporation. -------_
v
y,11 ' ti Wa y "
0:. I y.•
.
` t � ,,,Y
M -On..
on expires s
- 4 -
4 I n`.1 N S 4'`` k
�..
..efy ' ,� �•
• .
'y1
,
' t
h. S
O STATE OF /t�l,il�'[d ,
J
pip COUNTY OF 171I71.cYX)
I On this Y� 1979, me, i
_ (_ _____ day of ���y�f(1 , before me
a Notary Pubic within and for said County, pe sonally appeared
'7 >,,:,, l,(L:fir/ and ,41... C 0;-•vnJ •
to me personally 'Y.no n, who, being each by me duly sworn they
did say that they are respectively the 7 President and f
i,., r. Secretary of the corporation namec in the foregoing
I instrument, and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was
signed and sealed in behalf of said corpor tion by authority of
its Board of Directors and said //0,, ),, J:Y0,J1/ and i__ _
f - ill ,,;yq;h%LZ1 acknowledged sale instrument to be the
free act and deed of said corporation.
'7f K/• .1./X Notar
�� My commission expires:
Notary ry PuD II c Gror C11,
.f l-tc
at 111x{:•
My Gommis51o0 ExAlres SeP•16,1979
THIS INSTRUMENT DRAFTED BY:
yr
Howard R. Turrentine
Attorney at Law '
Suite 203, Oak Park Heights State Bank Bldg.
Stillwater, MN 55082
.1''
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c
�_ ` POLICY 7709E
''' n. AZ. 1 0
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
FORM B— 1970(Amended 10-17-70)
r'-,-,'- C t!, x.
ITLE NSURANCE OMPANY OF INNESOTA AI
ir
,` ' a Stock Company,of Minneapolis,Minnesota
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND g
,,, THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, .�?
v,°' TITLE INSURANCE COMPANY OF MINNESOTA,herein called the Company,insures,as of Date of Policy shown in 4 4
/ Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs,attorneys'fees fi,'
'41 and expenses which the Company may become obligated to pay hereunder,sustained or incurred by the insured by reason of:
4-.
t `'A 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
�,b 2. Any defect in or lien or encumbrance on such title; 3.
3. Lack of a right of access to and from the land;or ;k
4. Unmarketability of such title. 4.,,.
r',' IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate name and seal to 4
be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company. .-
r ITLE NSURANCE OMPANY OF i"' IINNESOTA %,
4
President
Countersigned:
''''° .( ewlind/life-1- /62, '11...---)NI 1
Authorized Officer or Agen Secretary
�_._ EXCLUSIONS FROM COVERAGE ;
1,s The following matters are expressly excluded from the coverage of this policy: *"''
r1r
. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances),.k restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
g g g P g g g
' dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ,'>�`
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law,
v ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights N�
appears in the public records at Date of Policy.
t,y, 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the ,, .,
,,1 insured claimant;(b) not known to the Company and not shown by the public records but known to the insured
=/ claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy =A
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant : f .
1 became an insured hereunder;(c) resulting in no loss or damage to the insured claimant;(d) attaching or created '
t` subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured ,,.:
claimant had paid value for the estate or interest insured by this policy. t'g'
k
a
WI.,',k 1, L I g t }
q k r a', :x f' � ,#< ' '
ft Form 130 2/73 30M
Copyright 1969 American Land Title Association
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