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HomeMy WebLinkAbout2500JEFFREY W. LAMBERT LEE IL BISSONETTE* BRUCE A. BOEDER *ALSO ADMITTED IN NORTH DAKOTA Mr. Craig Larsen Director of Planning CITY OF EDINA 4801 West 50th Street Edina, MN 55424 -1394 Re: Arrowhead Pointe Dear Mr. Larsen: LAMBERT & BOEDER A PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 1000 SUPERIOR BOULEVARD WAYZATA, MINNESOTA 55391 (612) 475 -3435 (800) 947 -2176 TELFOOPIER: (612) 475 -0301 June 23, 1997 OF COUNSEL JAMES M. VENTURA WARREN V. BIGELOW, JR. Enclosed for your records please find copies of the following documents regarding Arrowhead Pointe: 1. Attested copy of the Conservation Restriction between ARROWHEAD LAKE DEVELOPMENT, LLC., and the CITY OF EDINA filed in the Office of the Registrar of Titles on March 20, 1997, as Document No. 2795747; and, 2. Attested copy of the Limited Conservation Restriction between ARROWHEAD LAKE DEVELOPMENT, LLC., and the CITY OF EDINA filed in the Office of the Registrar of Titles on March 20, 1997, as Document No. 2795748. Thank you again for your assistance jl this matter. Vgfy trgly yours, t , Orrice A. BABfsmm Enclosures cc: Ms. Cindy Volkart Mr. Robert J. Silverman LIMITED CONSERVATION RESTRICTION THIS INDENTURE, made this 4-071 "i day of March, 1997, between ARROWHEAD LAKE DEVELOPMENT, LLC., a Minnesota limited liability company (hereinafter called "Owner "), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Edina "). W ITNESSETH: That Owner, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby Grant, Bargain, Sel! and Convey unto Edina, its successors and assigns, Forever, a Conservation Restriction pursuant to Minnesota Statues §84.64, for the purposes and on the terms hereinafter specified, over, on and across the tract(s) or- parcel(s) of land IN ing and being in the County of Hennepin and State of CMinnesota, described in Exhibit "A" attached hereto and made a part hereof (said tract(st or parcel(s) of land being hereinafter together called the "Easement Area "). e 8' TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and i•� Cpl' appurtenances thereunto belonging, or in anywise appertaining, to Edina, its successors and assigns, Forever. And Owner, for Owner and Owner's heirs, representatives, successors and assigns, covenants with Edina, its successors and assigns, that Owner is well seized in fee of the Easement Area, and has good right to convey pursuant hereto the interests hereby conveyed, and that the Easement Area is free from all encumbrances, except real estate taxes and installments of special assessments payable therewith which are not now delinquent. And the Easement Area, in the quiet and peaceable possession of Edina, its successors and assigns, for. the purposes ( G� AND PRIOR TAXES PAID TAXPAYER SERVIC'S TRANSFER EvITERED 7 7 x MINN. / DEPUTY hereby granted against all persons lawfully claiming or to claim the whole or any part thereof, subject to the encumbrances hereinbefore mentioned, Owner will warrant and defend. The purpose of this Conservation Restriction is to assure that the Easement Area shall at all rimes: (i) constitute scenic surroundings; and (ii) support a suitable habitat for fish and/or wildlife. To accomplish this purpose, Owner, for Owner and Owner's heirs, representatives, successors and assigns, does hereby covenant and agree that: 1. No buildings or other structures of any kind, and no roads, signs, billboards or other advertising of any kind, and no utility equipment poles, wires or other material of any kind, shall hereafter be erected, installed, constructed or placed, or allowed to be erected, installed, placed or constructed, on or above all or any part of the Easement Area without the express prior written approval of Edina. 2. No soil or other substance or material shall be dumped or placed, or allowed to be dumped or placed, as landfill or for any other purpose, reason or cause on all or any part of the Easement Area without the express prior written approval of Edina. 3. No trash, waste or unsightly or offensive materials shall be dumped or placed, or allowed to be dumped or placed, on all or any part of the Easement Area without the express prior written approval of Edina. 4. The Owner may plant trees, shrubs and gardens or plant and maintain lawn areas within the Easement Area. 5. No loam, peat, gravel, soil, rock or other material or substance shall be excavated, dredged or removed, or allowed to be excavated, dredged or removed, from all or any part of the Easement Area without the express prior written approval of Edina. O] 6. No activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and/or wildlife habitat preservation, and no other acts or uses detrimental to the retention or preservation of the Easement Area as a scenic open or wooded space or as a fish and/or wildlife habitat, shall be conducted or permitted to be conducted on all or any part of the Easement Area without the express prior written approval of Edina. 7. The Easement Area shall be maintained at all times by Owner and Owner's heirs, representatives, successors and assigns, in full compliance with all applicable ordinances of Edina now or hereafter enacted and in full compliance with the provisions of this Conservation Restriction. 8. This Conservation Restriction shall not operate to grant to Edina the right to use or improve, or to permit the public to use or improve, the Easement Area as or for a park. 9. The rights and remedies in law and in equity given by the laws of Minnesota, including, without limitation, Minnesota Statutes §84.65 or any successor statute, as such statutes may hereafter be supplemented, modified or amended, shall be available to Edina. Also, if there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this Conservation Restriction, Edina may prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, enter upon the Easement Area with such personnel, equipment and material as it determines necessary, to undertake and perform the term, covenant or condition so violated or breached, or to cure the violation or breach, and the cost 3 incurred, including attorneys' fees, with interest at the highest rate then allowed by law, or, if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, shall be payable by Owner, and Owner's heirs, representatives, successors and assigns, on demand made by Edina, its successors and assigns. Such entry shall be without liability or obligation of any kind to Owner, or any owner or occupant of the Easement Area, for trespass or damage to the Easement Area, or any property or improvements thereon, or for loss of business or business interruption, or any other cause, all of which liability and obligation is hereby waived by Owner, and if any person makes any claim against Edina, or its officers, agents, employees, representatives or contractors for loss or damage to property or business due to such entry, Owner agrees to hold Edina, and its officers, agents, employees, representatives or contractors harmless from and indemnified against any loss, cost, damage or expense, including attorneys' fees whether suit be brought or not, arising out of such claim, and to pay to Edina, upon demand of Edina, any such loss, cost, damage or expense, including attorneys' fees, suffered or incurred by Edina, or its officers, agents, employees, representatives or contractors, with interest at the highest rate allowed by law, or if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, from the date demanded until paid; provided, however, that the foregoing hold harmless and indemnity shall not apply to intentional wrongful acts or omissions or negligence of Edina, or its officers, agents, employees, representatives or contractors. Owner and Owner's heirs, representatives, successors and assigns shall also pay all costs of collection thereof, including attorneys' fees, with interest therein as above provided, if payment is not made on demand, whether or not suit be brought. In addition to other remedies then available for collection of such costs and interest, Edina may levy such costs and interest against the Easement Area and any 4 other property then included in the same tax parcel as the Easement Area, in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the whole of such tax parcel which are payable in the year following the year such costs and interest are so levied, and Owner, for Owner and Owner's heirs, representatives, successors and assigns, hereby waives any and all objections to such levy, including, without limitation, the amount thereof, the hearing process (including the giving of, or failure to give, or error in giving of, any required notice), and including all rights of appeal from such levy. If such assessments are not paid before they become delinquent, the whole of such tax parcel may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 10. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners and occupiers of the Easement Area, and shall only inure to the benefit of Edina, its successors and assigns, and may be amended or modified at any time and from time to time by the sole act of Edina and the then record owners of the Easement Area, and may be released in whole or in part at any time, and from time to time, by the sole act of Edina. 11. Each person who is now or hereafter a record owner of all or any part of the Easement Area shall be liable hereunder for all liabilities and obligations accruing hereunder while such a record owner, and if there be more than one such record owner, such owners shall be jointly and severally liable. However, such liability shall cease as to such record owner. when no longer such a record owner, except, however, for liabilities and obligations which accrued while such a record owner. 5 12. If any provision of this Conservation Restriction is for any reason held to be invalid or unenforceable as to any person or circumstance, the application of such provision to persons and circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions of this Conservation Restriction in all other respects shall remain in full force and effect and be valid and enforceable. IN WITNESS WHEREOF, Owner has caused these presents to be executed the day and year first above written. OWNER: ARROWHEAD LAKE DEVELOPMENT, LLC. B Y - Ronald E. Clark Its: Chief Manager This instrument is exempt from State Deed Tax. ON STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4 day of January, 1997, by Ronald E. Clark, the Chief Manager of ARROWHEAD LAKE DEVELOPMENT, LLC., a Minnesota limited liability company, on behalf of said company. N Public THIS INSTRUMENT WAS DRAFTED BY: Bruce A. Boeder (9349) LAMBERT & BOEDER, P.L.L.P. 1000 Superior Boulevard Wayzata, MN 55391 Telephone (612) 475 -3435 0030949 7 VOLKART p�ua~ic 1910ewswoeoninx EXHIBIT "A" (Legal Description of Easement Area) An easement for Conservation purposes over that part of Lot 9, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota, lying between a line drawn 100.00 feet Northeasterly of and parallel with and a line drawn 50.00 feet Northeasterly of and parallel with the following described Line A, and its northwesterly extension: Commencing at the Southeasterly corner of Lot 8, Block 1, ARROWHEAD POINTE; thence on an assumed bearing of South 75 degrees 16 minutes 00 seconds West along the Southerly line of said Lot 8 a distance of 191.83 feet to a boundary corner of said Lot 8, said point being the actual point of beginning of Line A to be described; thence North 17 degrees 29 minutes 12 seconds West a distance of 14.19 feet to a boundary corner of said Lot 8; thence North 36 degrees 04 minutes 59 seconds West a distance of 71.95 feet, more or less to its intersection with the Westerly line of said Lot 8; thence North 45 degrees 39 minutes 24 seconds West a distance of 22.05 feet, more or less to the West line of Outlot C, said ARROWHEAD POINTE, and there terminating; arid, An easement for Conservation purposes over that part of Lot 8, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota, lying between a line drawn 100.00 feet Northeasterly of and parallel with and a line drawn 50.00 feet Northeasterly of and parallel with the following described Line A, and its northwesterly extension: Commencing at the Southeasterly corner of said Lot 8, Block 1, ARROWHEAD POINTE; thence on an assumed bearing of South 75 degrees 16 minutes 00 seconds West along the Southerly line of said Lot 8 a distance of 191.83. feet to a boundary corner of said Lot 8, said point being the actual point of beginning of Line A to be described; thence North 17 degrees 29 minutes 12 seconds West a distance of 14.19 feet to a boundary corner of said Lot 8; thence North 36 degrees 04 minutes 59 seconds West a distance of 71.95 feet, more or less to its intersection with the Westerly line of said Lot 8; thence North 45 degrees 39 minutes 24 seconds West a distance of 22.05 feet, more or less to the West line of Outlot C, said ARROWHEAD POINTE, and there terminating; and, An easement for Conservation purposes over the East 50 feet of the West 100 feet of Lot 7, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota; and, An easement for Conservation purposes over the East 50 feet of the West 100 feet of Lot 6, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota; and, An easement for Conservation purposes over the Northwesterly 50 feet of the Southeasterly 100 feet of Lot 4, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota; and, EXHIBIT "A" Continued Page 2 An easement for Conservation purposes over that part of Lot' 5, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota, lying between a line draw 100.00 feet Westerly, Northeasterly, Northerly and Easterly of and parallel with and a line drawn 50.00 feet westerly, Northeasterly, Northerly and Easterly of and parallel with the following described Line A: Commencing at the most Southerly corner of said Lot 5; thence North 17 degrees 59 minutes 44 seconds East, assumed bearing, along the Southeasterly line of said Lot 5 a distance of 146.93 feet to a boundary corner of said Lot 5; thence North 31 degrees 54 minutes 20 seconds East a distance of 18.20 feet to its intersection with the Easterly line of said Lot 5, said point being the point of beginning of said Line A to be described; thence South 31 degrees 54 minutes 20 seconds West along the Southeasterly line of said Lot 5 a distance of 18.20 feet to a boundary corner of said Lot 5; thence South 17 degrees 59 minutes 44 seconds West along the Southeasterly line of said Lot 5 a distance of 146.93 feet to the most Southerly corner of said Lot 5; thence North 50 degrees 06 minutes 43 seconds West along the Southwesterly line of said Lot 5 a distance of 90.22 feet to a boundary corner of said Lot 5; thence North 31 degrees 19 minutes 25 seconds West along the Southwesterly line of said Lot 5 a distance of 82.33 feet to a boundary corner of said Lot 5; thence North 78 degrees 17 minutes 41 seconds West along the Southwesterly line of said Lot 5 a distance of 54.42 feet to a boundary corner of said Lot 5; thence North 75 degrees 02 minutes 16 seconds West along the Southwesterly line of said Lot 5 a distance of 66.44 feet to a boundary corner of said Lot 5; thence North 18 degrees 07 minutes 13 seconds East along the Westerly line of said Lot 5 a distance of 117.60 feet to a boundary corner of said Lot 5; thence North 8 degrees 21 minutes 38 seconds West along the Westerly line of said Lot 5 a distance of 29.18 feet to its intersection with the Northwesterly line of said Lot 5, and there terminating. The side lines of said easement are prolonged to intersect the Easterly and Northwesterly lines of said Lot 5, respectively. CONSENT AND SUBORDINATION The undersigned, being the holder of a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (the "Interest ") on the property defined as the "Easement Area" in the Conservation Restriction to which this Consent and Subordination is attached, the document creating said Interest being dated September 30, 1996, recorded and filed October 2, 1996, as Document No. 6641682 (Abstract) in the Office of the County Recorder, Hennepin County, Minnesota, and as Document No. 2748542 (Torrens) in the Office of the Registrar of Titles, Hennepin County, Minnesota, does hereby agree and consent to all of the terms and conditions of the Limited Conservation Restriction to which this Consent and Subordination is attached, and agrees to be bound by all of the obligations of, and subject to all of the remedies available against, an owner in the event it becomes a record owner of all or any part of the Easement Area. FIRST BANK NATIONAL ASSOCIATION Paul R. Braun Its: Vice President STATE OF MINNESOTA ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _3l ST day of December, 1996, by Paul R. Braun, the Vice President of First Bank National Association, a national banking association, Mortgagee, on behalf of the association. T No6)y Public �.. aea�a�. �aaa�s ,aaa.aa,�aca,ca�aaa,aap,aawaac a r: JOAN M. RAINVILLE u ',c NOTARY PUBLIC - MINNESOTA ANOKA COUNTY 13 ��� a .. 8 My Commission Expires Jan. 31, 2000 s : MtltlMtltltltltl "✓NYVytltldCtlCtltltlCCtltlC7CtlSL CONSERVA'T'ION RESTRICTION THIS INDENTURE, made this '20qI day of March, 1997, between ARROWHEAD LAKE DEVELOPMENT, LLC., a Minnesota limited liability company (hereinafter called "Owner "), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Edina "). WITNESSETH: That Owner, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey unto Edina, its successors and assigns, Forever, a Conservation Restriction pursuant to Minnesota Statues §84.64, for the purposes and on the terms hereinafter specified, over, on and across the tract(s) or parcel(s) of land lying and being in the County of Hennepin and State of Minnesota, described in Exhibit "A" attached hereto and made a part hereof (said tract(s) or parcel(s) of land being hereinafter together called the "Easement Area "). TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to Edina, its successors and assigns, Forever. And Owner, for Owner and Owner's heirs, representatives, successors and assigns, covenants with Edina, its successors and assigns, that Owner is well seized in fee of the Easement Area, and has good right to convey pursuant hereto the interests hereby conveyed, and that the Easement Area is free from all encumbrances, except real estate taxes and installments of special assessments payable therewith which are not now delinquent. And the Easement Area, in the quiet and peaceable possession of Edina, its successors and assigns, for the purposes AND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED MAR� 7 F D Y MINN. 111/// DUPUTY hereby granted against all persons lawfully claiming or to claim the whole or any part thereof, subject to the encumbrances hereinbefore mentioned, Owner will warrant and defend. The purpose of this Conservation Restriction is to assure that the Easement Area shall at all rimes: (i) remain in its present natural condition; (ii) constitute scenic surroundings; and (iii) support a suitable habitat for fish and/or wildlife. To accomplish this purpose, Owner, for Owner and Owner's heirs, representatives, successors and assigns, does hereby covenant and agree that: 1. No buildings or other structures of any kind, and no roads, signs, billboards or other advertising of any kind, and no utility equipment poles, wires or other material of any kind, shall hereafter be erected, installed, constructed or placed, or allowed to be erected, installed, placed or constructed, on or above all or any part of the Easement Area without the express prior written approval of Edina. 2. No soil or other substance or material shall be dumped or placed, or allowed to be dumped or placed, as landfill or for any other purpose, reason or cause on all or any part of the Easement Area without the express prior written approval of Edina. 3. No trash, waste or unsightly or offensive materials shall be dumped or placed, or allowed to be dumped or placed, on all or any part of the Easement Area without the express prior written approval of Edina. 4. No trees, shrubs or other vegetation shall be removed, or be allowed to be removed, from all or any part of the Easement Area without the express prior written approval of Edina. 2 W 4 5. No loam, peat, gravel, soil, rock or other material or substance shall be excavated, dredged or removed, or allowed to be excavated, dredged or removed, from all or any part of the Easement Area without the express prior written approval of Edina. 6. No activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and/or wildlife habitat preservation, and no other acts or uses detrimental to the retention or preservation of the Easement Area as a natural and scenic open or wooded space or as a fish and/or wildlife habitat, shall be conducted or permitted to be conducted on all or any part of the Easement Area without the express prior written approval of Edina. 7. No surface use shall be made of all or any part of the Easement Area except for purposes consistent with the maintenance and preservation of the Easement Area in its natural condition without the express prior written approval of Edina. 8. The Easement Area shall be maintained at all times by Owner and Owner's heirs, representatives, successors and assigns, in full compliance with all applicable ordinances of Edina now or hereafter enacted and in full compliance with the provisions of this Conservation Restriction. 9. This Conservation Restriction shall not operate to grant to Edina the right to use or improve, or to permit the public to use or improve, the Easement Area as or for a park. 10. The rights and remedies in law and in equity given by the laws of Minnesota, including, without limitation, Minnesota Statutes §84.65 or any successor statute, as such statutes may hereafter be supplemented, modified or amended, shall be available to Edina. Also, if there shall be a violation or breach, or an attempt to violate or breach, any of the terms, K covenants or conditions of this Conservation Restriction, Edina may prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, enter upon the Easement Area with such personnel, equipment and material as it determines necessary, to undertake and perform the term, covenant or condition so violated or breached, or to cure the violation or breach, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, or, if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, shall be payable by Owner, and Owner's heirs, representatives, successors and assigns, on demand made by Edina, its successors and assigns. Such entry shall be without liability or obligation of any kind to Owner, or any owner or occupant of the Easement Area, for trespass or damage to the Easement Area, or any property or improvements thereon, or for loss of business or business interruption, or any other cause, all of which liability and obligation is hereby waived by Owner, and if any person makes any claim against Edina, or its officers, agents, employees, representatives or contractors for loss or damage to property or business due to such entry, Owner agrees to hold Edina, and its officers, agents, employees, representatives or contractors harmless from and indemnified against any loss, cost, damage or expense, including attorneys' fees whether suit be brought or not, arising out of such claim, and to pay to Edina, upon demand of Edina, any such loss, cost, damage or expense, including attorneys' fees, suffered or incurred by Edina, or its officers, agents, employees, representatives or contractors, with interest at the highest rate allowed by law, or if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, 4 from the date demanded until paid; provided, however, that the foregoing hold harmless and indemnity shall not apply to intentional wrongful acts or omissions or negligence of Edina, or its officers, agents, employees, representatives or contractors. Owner and Owner's heirs, representatives, successors and assigns shall also pay all costs of collection thereof, including attorneys' fees, with interest therein as above provided, if payment is not made on demand, whether or not suit be brought. In addition to other remedies then available for collection of such costs and interest, Edina may levy such costs and interest against the Easement Area and any other property then included in the same tax parcel as the Easement Area, in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the whole of such tax parcel which are payable in the year following the year such costs and interest are so levied, and Owner, for Owner and Owner's heirs, representatives, successors and assigns, hereby waives any and all objections to such levy, including, without limitation, the amount thereof, the hearing process (including the giving of, or failure to give, or error in giving of, any required notice), and including all rights of appeal from such levy. If such assessments are not paid before they become delinquent, the whole of such tax parcel may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveved. 11. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners and occupiers of the Easement Area, and shall only inure to the benefit of Edina, its successors and assigns, and may be amended or modified at any time and from time to time by the sole act of Edina and the then record owners of the 5 Easement Area, and may be released in whole or in part at any time, and from time to time, by the sole act of Edina. 12. Each person who is now or hereafter a record owner of all or any part of the Easement Area shall be liable hereunder for all liabilities and obligations accruing hereunder while such a record owner, and if there be more than one such record owner, such owners shall be jointly and severally liable. However, such liability shall cease as to such record owner when no longer such a record owner, except, however, for liabilities and obligations which accrued while such a record owner. 13. If any provision of this Conservation Restriction is for any reason held to be invalid or unenforceable as to any person or circumstance, the application of such provision to persons and circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions of this Conservation Restriction in all other respects shall remain in full force and effect and be valid and enforceable. IN WITNESS WHEREOF, Owner has caused these presents to be executed the day and year first above written. OWNER: ARROWHEAD LAKE DEVELOPMENT, LLC. By :. Ronald E. Clark Its: Chief Manager This instrument is exempt from State Deed Tax. R STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this, ----V1/-- day of January, 1997, by Ronald E. Clark, the Chief Manager of ARROWHEAD LAKE DEVELOPMENT, LLC., a Minnesota limited liability company, on behalf of said company. rry Public THIS INSTRUMENT WAS DRAFTED BY: Bruce A. Boeder (9349) LAMBERT & BOEDER, P.L.L.P. 1000 Superior Boulevard Wayzata, MN 55391 Telephone (612) 475 -3435 0030838 7 CYNTHIA A. VOLKART NarAw PLow. . moo"aA SCOTT AW A1y C COWA*W n EVWjjNL 3j, xW EXHIBIT "A" (Legal Description of Easement Area) An easement for Conservation purposes over that part of Lot 9, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota, lying Southwesterly of a line which lies 50.00 feet Northeasterly of and parallel with the following described Line A, and its northwesterly extension: Commencing at the Southeasterly corner of Lot 8, Block 1, ARROWHEAD POINTE; thence on an assumed bearing of South 75 degrees 16 minutes 00 seconds West along the Southerly line of said Lot 8 a distance of 191.83 feet to a boundary corner of said Lot 8, said point being the actual point of beginning of Line A to be described; thence North 17 degrees 29 minutes 12 seconds West a distance of 14.19 feet to a boundary corner of said Lot 8; thence North 36 degrees 04 minutes 59 seconds West a distance of 71.95 feet, more or less to its intersection with the Westerly line of said Lot 8; thence North 45 degrees 39 minutes 24 seconds West a distance of 22.05 feet, more, or less to the West line of Outlot C, said ARROWHEAD POINTE, and there terminating; and, An easement for Conservation purposes over that part of Lot 8, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota, lying Southwesterly of a line which lies 50.00 feet Northeasterly of and parallel with the following described Line A, and its northwesterly extension: Commencing at the Southeasterly corner of said Lot 8, Block 1, ARROWHEAD POINTE; thence on an assumed bearing of South 75 degrees 16 minutes 00 seconds West along the Southerly line of said Lot 8 a distance of 191.83 feet to a boundary corner of said Lot 8, said point being the actual point of beginning of Line A to be described; thence North 17 degrees 29 minutes 12 seconds West a distance of 14.19 feet to a boundary corner of said Lot 8; thence North 36 degrees 04 minutes 59 seconds West a distance of 71.95 feet, more or less to its intersection with the Westerly line of said Lot 8; thence North 45 degrees 39 minutes 24 seconds West a distance of 22.05 feet, more or less to the West line of Outlot C, said ARROWHEAD POINTE, and there terminating; and, An easement for Conservation purposes over the Westerly 50 feet of Lot 7, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota; and, An easement for Conservation purposes over the Westerly 50.00 feet of Lot 6, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota; and, An easement for Conservation purposes over the Southeasterly 50.00 feet of Lot 4, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota; and, Exhibit "A" Continued Page 2 An easement for Conservation purposes over that part of Lot 5, Block 1, ARROWHEAD POINTE, Hennepin County, Minnesota, lying between the following described Line A and a line 50.00 feet Westerly, Northeasterly, Northerly and Easterly of and parallel with the following described Line A: Commencing at the most Southerly corner of said Lot 5; thence North 17 degrees 59 minutes 44 seconds East, assumed bearing, along the Southeasterly line of said Lot 5 a distance of 146.93 feet to a boundary corner of said Lot 5; thence North 31 degrees 54 minutes 20 seconds East a distance of 18.20 feet to its intersection with the Easterly line of said Lot 5, said point being the point of beginning of said Line A to be described; thence South 31 degrees 54 minutes 20 seconds West along the Southeasterly line of said Lot 5 a distance of 18.20 feet to a boundary corner of said Lot 5; thence South 17 degrees 59 minutes 44 seconds West along the Southeasterly line of said Lot 5 a distance of 146.93 feet to the most Southerly corner of said Lot 5; thence North 50 degrees 06 minutes 43 seconds West along the Southwesterly line of said Lot 5 a distance of 90.22 feet to a boundary corner of said Lot 5; thence North 31 degrees 19 minutes 25 seconds West along the Southwesterly line of said Lot 5 a distance of 82.33 feet to a boundary corner of said Lot 5; thence North 78 degrees 17 minutes 41 seconds West along the Southwesterly line of said Lot 5 a distance of 54.42 feet to a boundary corner of said Lot 5; thence North 75 degrees 02 minutes 16 seconds west along the Southwesterly line of said Lot 5 a distance of 66.44 feet to a boundary corner of said Lot 5; thence North 18 degrees 07 minutes 13 seconds East along the Westerly line of said Lot 5 a distance of 117.60 feet to a boundary corner of said Lot 5; thence North 8 degrees 21 minutes 38 seconds West along the westerly line of said Lot 5 a distance of 29.18 feet to its intersection with the Northwesterly line of said Lot 5, and there terminating. The side lines of said easement are prolonged to intersect the Easterly and Northwesterly lines of said Lot 5, respectively. CONSENT AND SUBORDINATION The undersigned, being the holder of a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (the "Interest ") on the property defined as the "Easement Area" in the Conservation Restriction to which this Consent and Subordination is attached, the document creating said Interest being dated September 30, 1996, recorded and filed October 2, 1996, as Document No. 6641682 (Abstract) in the Office of the County Recorder, Hennepin County, Minnesota, and as Document No. 2748542 (Torrens) in the Office of the Registrar of Titles, Hennepin County, Minnesota, does hereby agree and consent to all of the terms and conditions of the Conservation Restriction to which this Consent and Subordination is attached, and agrees to be bound by all of the obligations of, and subject to all of the remedies available against, an owner in the event it becomes a record owner of all or any part of the Easement Area. FIRST BANK NATIONAL ASSOCIATION Y• Paul R. Braun Its: Vice President STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this -3 / ST day of December, 1996, by Paul R. Braun, the Vice President of First Bank National Association, a national banking association, Mortgagee, on behalf of the association. Notki Public xQQAAAAt a Q J['wrdtlG• >; , .o�,n.t.nnanAQQQAQQbaJt PAINVILLE IUBLIC • MINNESOTA it )KA COUNTY .r• mission Expires Jan. 31, 2000 s 7 " "`'i':/;/GGtltltltltlYrrr�rrVX