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HomeMy WebLinkAbout2573Common Elements Certificate of Title This is the Common Elements Certificate of Title for Condominium CIC No. 1094. Certificate Number: 1090990 Document Number: 3596248 Transfer From Certificate Number: 1090988 State of Minnesota REGISTRATION County of Hennepin S.S. This is to certify that the common elements in CIC No. 1094, City /County at Grandview Square Condominium, a condominium located in the County of Hennepin., are subject to the encumbrances, liens, and•inter6 nofed-py;the memorials set forth as follows: Document Document Date of Fie istratto Number Type Month DaX; Year Tf Rung in Favor of 331768 Contract for Private Sep 25,2000 9: the pia Ho aCt41 Redevelopment Authority and n are,.L Ilc, " Redevelopment v i 8d nt of above land. See Inst 3317690 Amendment to Sep 25,2000 09.00 -Be e9 _ di H u nd Redevelopment Authority and Contract for :,w re Y„a DE Ilc, Private Re 6 ee Inst) Redevelo ment .Dock 3317696 Declaration Sep 25,2000 09:00 AM � 1° ;��� � "s, covenants, conditions and restrictions. (See Inst) _ ,etii�r�t 3412442 Amendment to Jul 23,2001 09:00 AM '- -� u' ,' �� � gen'Edina Housing and Redevelopment Authority and Grandview Contract for q e, L.L.C. (a DE IIc). Private Re: Doc. No. 3317689 (See Inst) Redevelopment 3412447 Amended Jul 23,2001 09:00 AM Amending and restating document no. 3317696 Declaration 3596247 CIC Declaration Sep 03,2002 09:00 AM Subject to the provisions, restrictions and easements contained in the. and Plat Declaration and to the provisions of Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 5156, and acts amendatory hereof. 3596241 Common Sep 03,2002 09:00 AM Creating the Common Elements Certificate Of Title for CIC No. 1094, Elements CIC No. 1094, City /County at Grandview Square Condominium, a Certificate condominium located in the County of Hennepin. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 3rd day of September, 2002. MICHAEL H. CUNNIFF Registrar of Titles, In and for the County of Hennepin and State of Minnesota. THIS DOCUMENT . '4 &ANNW ® � o IS REGISTERED z ° o OFFICE OF THE REGISTRAR 8D OF TITLES T G„ Cz HENNEPIN COUNTY, MINNESOTA 3 CERTIFIED FILED .r is ) SEP. 3, 2002 �v Q 9:00 AM MICHAEL H. CUr NIFF, REGIS R OF TITLES BY DEPUTY COMMON ELEMENTS CERTIFICATE OF TITLE Date of Certificate — Sep. 3, 2002 Owner — The Unit Owners of CIC No. 1094, City /County at Grandview Square, a condominium located in the County of Hennepin. DESCRIPTION The common elements in CIC No. 1094, City /County at Grandview Square, a condominium located in the County of Hennepin. CECT EXISTING UNITS Form No. 31 -M No delinquent t es nd transfer ent • e Real Estate Value ( ) filed ( ) not required. Certificate of Real Estate Value No. Date County Auditor by Deputy DEED TAX DUE: $� Yd© Date: August ,70 , 2002 OFFICE OF THE REGISTRAR OF TITLES HENN6PIN COUNTY. NANNESOTA CERTIFIED FILED ON SEP 3 - 2002 �l REGISTRAR OF TITLES y DEPUTY (reserved for recording data) QUIT CLAIM DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company FOR VALUABLE CONSIDERATION, CITY OF EDINA a Minnesota municipal corporation Lei the lao:s�= Grantor, hereby conveys and quitclaims to HENNEPIN COUNTY Grantee, a political subdivision of the State of Minnesota - »}er -ti3e 1mys 4 real property in Hennepin County, Minnesota, described as follows: Unit No. 2, CIC No. 1094, City /County at Grandview Square Condominium, together with all hereditaments and appurtenances. Check box if applicable: ® The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA By Dennis F. Maetzold L�r Its yo By 0 on L. Hug es SS. Its City Manager This instrument was acknowledged before me this �& day of August , 2002 , by Dennis F. Maetzold and Gordon L. Hughes the Mayor and City Manager of CITY OF EDINA , a Minnesota municipal wAff Ote laws of corporation on behalf of the m ici al corporation Notarial stamp or seal (or other title or rank): , �%� _ ,� �c�x. ''? C,'',twiEP1E ��fALLiN SIGNATURE OF NOTARY PU8t4C_0R OTHER OFFICIAL My c amission Expr s an. 'si, 2cQ5 Check here if part or all of the land is Registered (Torrens) a x This instrument was drafted by (name and address): Dorsey & Whitney LLP (AEL) 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 -1498 Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Hennepin County Leasing and Land Management Department of Transit and Community Works 417 North 5th Street, Suite 320 Minneapolis, MN 55401 INFO -PRO 800 - 655 -2021 www.infoproforms.com 4�0 P� C RETURN T0: le Y First American Title Insurance Company 190o Midwest Plaza West sol Nicollet Malt Miot`:^cl' I::iia, MN 56402 do�o a 2 S_ MINNESOTA Department of Revenue Certificate of Real Estate Value Bu ers' last nome(s(, first, middle initial Address Nvlw CtlypiTi �ws- AAivw* Sellers' last name(s), first, middle initial New address r Financial arrangements WTotal purchase price interest paid by seller Was personal propery such as fu`rnifure; nv`iifil If yes below and list current (not replc PE -20 Daytime phone iAe4 %�-Z000 Daytime phone City or township ���` VN&— pf County �s ,f a legal d_ e,�cri n � vj nt) value. (Use the back of this page it needed.) Type of acquisition (check all that apply) F-1 Buyer and seller are relatives or Transaction involved the trade of Buyer is a unit of government Name added to or co-owner's name related businesses property ❑ removed from deed (not a sale( ❑ Property is a gift or inheritance ❑ Buyer is a religious or charitable ❑ Condemnation or foreclosure ❑ Buyer purchased partial interest only organization transaction ❑ Payoff or resale of contract Purchase agreement signed over two years ago. Year sinne �� Type of property transferred (check all that apply) 1-1 Land only Land and buildings ❑ Construction of a new building after January I of year of sale Planned use of property (check one) ❑ Residential, single family if you check one of the four boxes below, you must complete schedule PE -20A and attach it to this certificate. F-1 ❑Residential duplex, triplex Agricultural Commercial- industrial (number of acres: ❑ (type of business: ❑ Cabin or recreational El Apar (/ tment building ,` (non - commercial) (number of units(: Other (describe(: _ V4 1 U _- Will this property be the buyer's principal residence? ❑ yes )( no Method of financing (complete only if seller-financed, including a contract for deed or assumed mortgage) Check: Mortgage or contract for Monthly payment for Interest rate Total number Date of any lump sum Assumed Contract deed amount at purchase principal and interest now in effect of payments (bolloon) payments Mortgage for Deed ❑ ❑ ❑ ❑ I declare that the information on this form is true, correct, and complete to the best of my knowledge and belief. Name (print or type) 15igoef9re 4 Daytime phone -Date Co a C Yr BIf SD Yr V Cand �T _ J Acres Tillable CER CRP RIM Use Deed Yr I Land Good for study ❑ yes X HC ST GA C Co CT Stock No 6000400 (Rev. 6/961 z 3 Stock No. 6000400 (Rev. 6/96) no If no, give reason /code Adlc Adis Use Tillable EMV 1 MV 2 MV PT Date T M TPrimary property identification # Bldg Tot Secondary parcel identification # b Apt FM c ID d S Are there more parcels? ❑ yes ❑ no Put extra identification numbers on back of this form. DEPARTMENT OF REVENUE COPY 8 4 814 4 2 3 848144 MINNESOTA Department of Revenue PE -20A Certificate of Real Estate Value Supplemental Schedule Complete this form for apartment, commercial /industrial or farm sales only. buyer IN CDv N Certificate of Real Estate Value sequence number 1 If the sale price includes any personal property (e.g., furniture, appliances, supplies, fixtures, machinery or stock inventories) or other items (e.g., the goodwill of the business, the name of the business, franchise, or an agreement not to compete), fill in the total value of those items here ....... $ 2 If the buyer or seller paid someone to make an appraisal of the property's value prior to its sale, K check this box ❑ and, if known, fill in the appraised value ............................... $ 3 Commercial /industrial properties: From the list of property uses on the back of this form, fill Q in the number for the use that best describes how the property was used just before it was sold ....... -- _ Fill in the number that best describes what the property will be used for after the sale .............. MQ 4 Apartment properties: If the property sold was an apartment building, fill in the total number of apartment buildings included in the sale price ....................................... Fill in the total number of rental units in all buildings ..................................... 5 Farm properties: How many acres are irrigated? ..................................... How many acres are enrolled in Reinvest in Minnesota (RIM)? .............................. How many acres are enrolled in the Conservation Reserve Program (CRP)? ..................... ail to your county' auditor's or recorder's office with your deed or contract for deed and your Certificate of Real Estate Value. All properties Yes No 6 Was the buyer of this property an owner of a property adjacent to it? .. ............................... ❑ If yes, in your opinion, did the buyer pay a higher price for the property than other potential buyers would have likely paid for it? ..................................................... :....... ❑ 7 Does the total purchase price listed on line 2 of the Certificate of Real Estate Value represent the allocation of a sale price that includes another property or properties sold to this buyer at the same time? ................ ❑ 8 Did the buyer lease the property from the seller before the purchase? .. ............................... , ❑ Did the seller lease the property from the buyer after the purchase? ... ............................... ❑ �]C 9 Was this sale announced and /or promoted through realtor listings, newspaper or other publications, advertisements, or through brochure or other promotional or informational mQM�in?�� ? G-r If you answered no, how did you learn that the property was for sale? IUVV\i�P ❑ 10 If the property was rental property, was the buyer guaranteed a minimum level of rental income? ............. ❑ 11 Were the buyer and seller family members, business partners, business affiliates, one subsidiary to the ❑ other, joint owners of the property or stockholders of the business? .... ............................... 12 When the property was sold, was a foreclosure, court judgment, order or other legal proceeding ❑ pending in connection with the property? ...................... ............................... 13 In your opinion, is the price the property was sold for considerably different from what you believe other similar properties would sell for? ........................ ............................... ❑ If explain briefly: yes, signat of buyer Print name Date Daytime phone 1 ail to your county' auditor's or recorder's office with your deed or contract for deed and your Certificate of Real Estate Value. Certificate of Title Certificate Number: 1090991 Transfer From Certificate Number: 1090989 Originally registered the 24th day of March, 1994. Also originally registered the 22nd day of March, 2001. Also originally registered the 17th day of June, 2002. State of Minnesota County of Hennepin S.S. This is to certify that Hennepin County, a Minnesota political s State of Minnesota, Zip Code of 55487 is of and in the following described land situated in Unit No. 2, CIC No. 1094, City/County Hennepin. Subject to encumbrances, liens ara_int( Subject to the provisions of Minn ' tta amendatory thereof; Subject to the interests shown by the folio g m chapter 508, namely: '+ 1. Liens, claims, or rights arising under tjlaw: require to appear of record; 2. Any real property tax or special asses S' t 3. Any lease for a period not exceeding thrZe 4. All rights in public highways upon the land;, y 5. Such right of appeal or right to appear and'* 6. The rights of any person in possession undo) 7. Any outstanding mechanics lien rights which Document Number: 3596249 Book:2703 Page:806499 Page: 1062954 Page: 1086020 REGISTRATION Dist. Court No.: 19634 Dist. Court No.: 20505 Dist. Court No.: 20576 MEMORIALS IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 3rd day of September, 2002. MICHAEL H. CUNNIFF Registrar of Titles, In and for the County of Hennepin and State of Minnesota. THIS DOCUMENT UFFICE THE REGISTRAR REGISTERE�OI7 8 WENNEPIN COUNTY, MINNESOTA �) CERTIFIED FILED ON SEP 3 - 2002 It A .g ajaA rl"\ TITLES BY EXAMINER OFT ES DIRECTIVE (CIC DECLARATION AND PLAT) A SCANNEYS i Pursuant to Minn. Stat., Sec. 508.351, Subdivision 1, the Examiner of Titles finds that: A. A Declaration creating CIC No. 1094, City /County at Grandview Square Condominium, was executed by City of Edina on August 22, 2002. B. A CIC Plat has been prepared for filing as part of the Declaration; that the CIC Plat complies with the requirements of Minn. Stat., Chap. 515B and has been prepared on sheets of suitable mylar in accordance with the general requirements of Minn. Stat., Sec. 505.08 as to plats; and that said CIC Plat contains the certifications required by Minn. Stat., Secs. 515B.2- 101(a) and 2- 110(b) C. That said CIC Plat shows that the buildings are located entirely within the boundary lines of the land described in the Declaration. D. That City /County at Grandview Condominium Association, Inc., a Minnesota non -profit corporation has been formed for the purpose of acting as an association for the unit owners the CIC. E. That the Bylaws of the association comply with the requirements of Minn. Stat., Sec. 515B.3 -106. F. That the Declarant is in sole possession of the premises described in the Declaration. G. That there are no mortgages of record. Therefore, upon the merger of Certificates of Title Nos. 1067697 and 1086021, the Registrar of Titles is directed as follows: 1. To file this Directive as a memorial on the merged Certificate of Title and receive for registration as a memorial on said merged Certificate of Title the Declaration for CIC No. 1094 dated August 22, 2002, together with the CIC Plat which is a part of the Declaration, and show by memorial on C.Z 1 A �q0I V ' V ,/ said Certificate of Title that the Declaration complies with the requirements of Minn. Stat., Chap. 515B. 2. To issue a CECT for CIC No. 1094 pursuant to Minn. Stat., Sec. 508.351, Subd. 2, containing the recitals appearing on the present Certificates of Title, and containing memorials of the following documents: a. the Declaration, the memorial of which shall state: "Subject to the provisions, restrictions and easements contained in the Declaration and to the provisions of the Minnesota Common Interest Ownership Act, Minn. Stat., Chap. 515B and acts amendatory thereof." b. Doc. Nos. 3317689, 3317690, 3317696 and 3423442. 3. To issue future Certificates of Title for units in CIC No. 1094, in the following form: "Unit No. CIC No. 1094, City /County at Grandview Square Condominium, a condominium located in the County of Hennepin. Subject to encumbrances, liens, and interests noted on CECT No. Subject to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B, and acts amendatory thereof." 4. To omit from future Certificates of Title for Units in CIC. No. 1094 the recitals and memorials in paragraph 2, above; and omit the memorial of this Directive. Date: 0 310,02 _ 2 Edward A. Bock, Jr. Examiner of Titles By Z- _ — r ,Y RETURN T0: /Dy First American Title Insurance Company 1900 Midwest Plaza West 801 Nicollet Mall Minneapolis, MN 55402 112�— 9� AMER, ti� 9 d First American Title Insurance Company 1900 Midwest Plaza West, 801 Nicollet Mall, Minneapolis, Minnesota 55402 -2504 November 9, 2002. City of Edina 4801 West 501h Street Edina, Minnesota 55424 -1394 Attn: Gordon Hughes, City Manager RE: Hennepin County /City of Edina Closing File Nos. 59- 8022C -1 and 59 -9878C Enclosed are the following: Hennepin County sale to the City of Edina: X — Original Document Number 7805559, Office of County Recorder (Deed) X — Copy of Document Number 3596011, Office of Registrar of Titles (Deed) X — Original of the following documents executed on behalf of the County of Hennepin Transferor's Certificate Seller's Affidavit City of Edina sale to Hennepin County: X — Original Examiner of Titles Directive (CIC Declaration and Plat) Document Number 3596246, Office of Registrar of Titles X — Original Declaration for CIC 1094, Document Number 3596247 h — Copy of Deed, Document Number 3596249 X — Copy of Certificate of Title No. 1090991 for Unit 2, CIC No. 1094 X — Copy of Common Element Certificate of Title No. 1090990 X — Copy of the Certificate of Title and Supplemental form I apologize for the delay in sending these documents to you. Please give me a call if there is anything else you need from me regarding this transaction. Thank you for using First American Title Insurance Company. It was a pleasure working with you. Sincerely, Jean Crosby (612- 305 -2030) (612) 305 -2000 Fax: (612) 305 -2001 kA r .. Form No. 31 -M No delinquent tax s and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required. Certificate of Real Estate Value No. 2002 Date P COUNTY AUDITOR County Auditor • INCOUHT UNWOFA b Deputy DEED TA D : $ Yee Date: August .10 , 2002 CLPC" 2002 AUG 30 Pry 3:25 I 'a &YO 559 6 (reserved for recording data) /10 QUIT CLAIM DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company FOR VALUABLE CONSIDERATION, HENNEPIN COUNTY a political subdivision of the State of Minnesota un4er4he4aws -ef Grantor, hereby conveys and quitclaims to CITY OF EDINA Grantee, a political subdivision of the State of Minnesota user- the•laws -,af real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof, (8 =628= 2(,(- 3Z-®Q2& together with all hereditaments and appurtenances. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. HENNEPIXQt B By Mike Opat Its Chair of the County loard Affix Deed Tax Stamp Here 4 k& 40" -4 4, 7 A4 STATE OF MINNESOTA B y Kay Mi COUNTY OF HENNEPIN ss. Its Clerk of Munty Board This instrument was acknowledged before me this ,. 1 , -1— day of August , 2002 , by Mike Opat and Kay Mitchell the Chair of the County Board and _Clerk of County Board of HENNEPIN COUNTY, a politcal subdivision of the State of Minnesota , a on behalf of the political subdivision Notarial stamp or seal (or other title or rank): A—J;Xl 0 � L"_ JUDITH A. CHUNtLEY GNATURE OF NOTARY PUBLIC OR OTHEPOtFICIAL W ARY PU84l044NWMTA WOORMCOUM M+ CWW6Su V"=144W Check here if part or all of the land is Registered (Torrens) u Tax Statements for the real property described in this instrument This instrument was drafted by (name and address): should be sent to (include name and address of Grantee): Dorsey & Whitney LLP (AEL) City of Edina 50 South Sixth Street, Suite 1500 Attn: Gordon Hughes Minneapolis, MN 55402 -1498 4801 W. 50th Street Edina, MN 55424 -1394 INFO -PRO 800 - 655 -2021 www.infoproforms.com . ,.. EXHIBIT `A' Land situated in the State of Minnesota, County of Hennepin, described as follows: PARCEL 1: That part of Tract D, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin, and that part of the Northwest Quarter of the Southwest Quarter, Section 18, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Beginning at the point of intersection of the Easterly line of said Tract D and the Northerly right -of -way line of Eden Avenue; thence Southwesterly along the Northerly right -of -way line of Eden Avenue a distance of 87.30 feet; thence North deflecting to the right 112 degrees, 46 minutes, 17 seconds, a distance of 255.05 feet more or less to the Southerly right -of -way line of West 50th Street; thence Easterly along said Southerly right -of -way line to its intersection with the Northerly right -of -way line of said Eden Avenue; thence Southwesterly along said Northerly right -of -way line to the point of beginning; Except that part taken by Quit Claim Deed, Document Number 5161212, and Quit Claim Deed, Document Number 5161213, Office of County Recorder, Hennepin County, Minnesota. NOTE: A following portion of this land is Registered Land, and is described on Certificate of Title No. 473082: That part of Tract D, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin, described as follows: Beginning at the point of intersection of the Easterly line of said Tract D and the Northerly right -of -way line of Eden Avenue; thence Southwesterly along the Northerly right -of -way line of Eden Avenue a distance of 87.30 feet; thence North deflecting to the right 112 degrees, 46 minutes, 17 seconds, a distance of 255.05 feet more or less to the Southerly right -of -way line of West 50th Street; thence Easterly along said Southerly right -of -way line to its intersection with the Northerly right -of -way line of said Eden Avenue; thence Southwesterly along said Northerly right -of -way line to the point of beginning. 91 PARCEL 2: That part of West 50th Street, being in the Northwest Quarter of the Southwest Quarter of Section 18, Township 28, Range 24, described as follows: Commencing at the point of intersection of the easterly line of Tract D, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin, and the northerly right -of -way line of Eden Avenue; thence on an assumed bearing of South 68 degrees 14 minutes 51 seconds West along said northerly right -of -way line, a distance of 87.30 feet; thence North 1 degree 01 minutes 08 seconds East, a distance of 255.05 feet to a point in the southerly right -of- way line of West 50th Street, said point being the point of beginning of the tract of land to be described; thence continuing North 1 degree O1 minutes 08 seconds a distance of 3.73 feet; thence Easterly, a distance of 159.56 feet along a non - tangential curve concave to the North, having a radius of 1,957.50 feet, a chord of 159.52 feet, and a chord bearing of South 79 degrees 40 minutes 38 seconds East to the Southerly right -of -way line of West 50th Street; thence Westerly, a distance of 159.00 feet along said right -of -way line to the point of beginning. 3596011 T orro No.'s"41 No delinquent taxes delinquent transfer entered, Certificate of Real Estate Value ( X) filed ( ) not required Certificate of Real Estate Value No. AUG 3 0 2002 Date County Auditor by Deputy DEED TAY DU : $ a O Date: August 3 , 2002 QUIT CLAIM DEED ���� for recording dab) Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company FOR VALUABLE CONSIDERATION, HENNEPIN COUNTY a political subdivision of the State of Minnesota uadefslip IAvve et' Grantor, hereby conveys and quitclaims to CITY OF EDINA Grantee, a Political subdivision of the State of Minnesota real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof, Tenn to 5nT PGS t 4FS'S 8t3it)2W2 Pad 0,4L1d.tt0 Duplicate ��o2s =2u- 3z a�26 P-P together with all hereditaments and appurtenances. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Hue STATE OF MINNESOTA ) COUNTY OF HENNEPIN ss. This instrument was acknowledged before me this V_ ---day of August , 2002 by Mike Opat and Kay Mitchell the Chair of the County.Board and Clerk of County Board of HENNEPIN COUNTY, a politcal subdivision of the State of Minnesota , a eve e€ , on behalf of the po fifical subdivision Notarial stamp or seal (or other title or ran)* CfNATURE OF NOTARY PUBI M OR OVi FFICIAL AM"NA. CH M-7 "0TAWPUKIC44MaWM to OWM I-M s Check here if part or all of the land is Regis tered (Torreps) This instrument was drafted by (name and address): Dorsey & Whitney LLP (AEL) 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 S% 9P7 ,PG Tax Statements for the real property described in this instrument should be sent to'(btelude name and address -0 Grantee): City of Edina Attn: Gordon Hughes 4801 W. 50th Street Edina, MN 55424 -1394 NFO -PRO ee"SS=- wwwJMoproform own 0 -nCrn� 24 M _i nz, �A 'I, J QUIT CLAIM DEED ���� for recording dab) Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company FOR VALUABLE CONSIDERATION, HENNEPIN COUNTY a political subdivision of the State of Minnesota uadefslip IAvve et' Grantor, hereby conveys and quitclaims to CITY OF EDINA Grantee, a Political subdivision of the State of Minnesota real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof, Tenn to 5nT PGS t 4FS'S 8t3it)2W2 Pad 0,4L1d.tt0 Duplicate ��o2s =2u- 3z a�26 P-P together with all hereditaments and appurtenances. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Hue STATE OF MINNESOTA ) COUNTY OF HENNEPIN ss. This instrument was acknowledged before me this V_ ---day of August , 2002 by Mike Opat and Kay Mitchell the Chair of the County.Board and Clerk of County Board of HENNEPIN COUNTY, a politcal subdivision of the State of Minnesota , a eve e€ , on behalf of the po fifical subdivision Notarial stamp or seal (or other title or ran)* CfNATURE OF NOTARY PUBI M OR OVi FFICIAL AM"NA. CH M-7 "0TAWPUKIC44MaWM to OWM I-M s Check here if part or all of the land is Regis tered (Torreps) This instrument was drafted by (name and address): Dorsey & Whitney LLP (AEL) 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 S% 9P7 ,PG Tax Statements for the real property described in this instrument should be sent to'(btelude name and address -0 Grantee): City of Edina Attn: Gordon Hughes 4801 W. 50th Street Edina, MN 55424 -1394 NFO -PRO ee"SS=- wwwJMoproform own EXHIBIT 'A' Land situated in the State of Minnesota, County of Hennepin, described as follows: PARCEL 1: That part of Tract D, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin, and that part of the Northwest Quarter' of the Southwest Quarter, Section 18, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Beginning at the point of intersection of the Easterly line of said- Tract D and the Northerly right-of -way line of Eden Avenue; thence Southwesterly along the Northerly right -of -way line of Eden Avenue a distance of 87.30 feet; thence North deflecting to the right. 112 degrees, 46 minutes, 17 seconds, a distance of 255.05 feet more or less to the Southerly right -of -way line of West 50th Street; thence Easterly along said Southerly right -of -way line to its intersection with the Northerly right -of -way line of said Eden Avenue; thence Southwesterly along said Northerly right -of -way line to- the point of beginning; Except that part taken by Quit Claim Deed, Document Number 5161212, and Quit Claim Deed, Document Number 5161213, Office of County Recorder, Hennepin County, Minnesota. NOTE: A following portion of this land is Registered Land, and is described on Certificate of Title No. 473082: That part of Tract D, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin, described as follows: Beginning at the point of intersection of the Easterly line of said. Tract D and the Northerly right -of -way line of Eden Avenue; thence- Southwesterly along the Northerly right -of -way line of Eden Avenue a r distance of 87.30 feet; thence North deflecting to the right 112 degrees, 46 minutes, 17 seconds, a distance of 255.05 feet more or t1 less to the Southerly right -of -way line of West 50th Street; thence Easterly along said Southerly right -of -way line to its intersection `1 with the Northerly right -of -way line of said Eden Avenue; thence Southwesterly along said Northerly right -of -way line to the point of beginning. - /AND PARCEL 2: That part of West. 50th Street, being in the Northwest Quarter ot: the Southwest Quarter of Section 18, Township 28, Range 24, described as follows: Commencing at the point of intersection of the easterly line of Tract D, Registered Land Survey No. 212, Files of Registrar. of Titles, County of Hennepin, and the northerly right -of -way line of Eden Avenue; thence on an assumed bearing of South 68 degrees 14 minutes 51 seconds West along said northerly right -of -way line; a distance of 87.30 feet; thence North 1 degree 01 minutes 08 seconds East, a distance of 255.05 feet to a point in the southerly righc-of- way line of West 50th Street, said point being the point of beginning of the tract of land to be described; thence continuing North 1 degree 01 minutes 08 seconds a distance of 3.73 feet; thence Easterly, a distance of 159.56 feet along a non - tangential curve concave td the North, having a radius of 1,957.50 feet, a chord of 159.52 feet, and a chord bearing of South 79 degrees 40 minutes 38 seconds East to the Southerly right -of -way line of west 50th Street; thence Westerly, a distance of 159.00 feet along said right -of -way line to the point of beginning. 11 HC 1005 RT (8/01) <1-23 wv Affidavit of Purchaser of Registered Land (Corporation) STATE OF MINNESOTA County of Hennepin SS. ----being first duly sworn, says thatdie is the C% 0.4.. --tr4k�lAe- 43 a i ba"dan organizeed and existing under the laws of the State having its principal place of business in the City CL_ _--County of ---- State That said corporation is the purchaser of registered land, situated in Hennepin County, Minnesota. 6_( Subscribed and sworn to before me this_ _ __2L_ day A4.t s$i& 77 Notary Public, Hennepin County, Minn. My Commission expires--_ 4- eA DEPUN REGISTRAR OF TITLES HE"EMI# COUNTY, MVIESDIA AUTHORITY PER MINKSGI-A STATUTES. SECMN 358.15 .0-, z 0 \j NIJ TRANSFEROR'S CERTIFICATE (FIRPTA) Section 1445 of the Internal Revenue Code provides that a transferee of U.S. real property interest withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by County of Hennepin, a Minnesota body politic and corporate ( "SELLER "), the undersigned hereby certifies the following on behalf of SELLER: 1. SELLER is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. SELLER'S U.S. employer identification number is 41- 6005801; and 3. SELLER'S office address is: A2300 Government Center 300 South Sixth Street Minneapolis, MN 55487 4. SELLER understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. 5. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of SELLER. Dated as of August 21, 2002. County of Hennepin, a Minnesota body politic and corporate Marcia Wilda, Manager of Leasing and Land Management STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) SELLER'S AFFIDAVIT Marcia Wilda, being first duly sworn, on oath says: That she is the Manager of Leasing and Land Management of the County of Hennepin, a Minnesota body politic and corporate ( "Seller "), and owner of the Property described on Exhibit A attached hereto and made a part hereof ( "Property "); That the address or principal place of business for the Seller during the last ten years is as follows: Hennepin County Administrator, A2300 Government Center 300 South Sixth Street Minneapolis, MN 55487 That there have been no bankruptcy or dissolution proceedings against the Seller, and that there are no unsatisfied judgments of record nor any actions or proceedings pending in any Courts, State or Federal, which affect the Property, nor any tax liens filed against the Seller or the Property; That any bankruptcies or dissolution proceedings, State or Federal tax liens of record against parties with same or similar names to Seller are not against the Seller; That there has been no labor or materials furnished to the Property for which payment has not been made; That there are no unrecorded leases, easements, or other agreements or interests constituting a lien or charge on the Property, of which has knowledge except as set forth on Exhibit B; That there are no persons in possession of any portion of the Property other than pursuant to a recorded document except as set forth on Exhibit B. That there are no encroachments or boundary line questions affecting the Property of which has knowledge except as identified on Exhibit B. That the undersigned knows the matters herein stated are true and makes this affidavit for the purpose of inducing the passing of the title to the Property. Marcia Wilda, Manager of Leasing and Land Management Subscribed and sworn to before me this 2Wday of u , 20 OZ ink GARY C. GALBAV`( �€! NOTARY PUBLIC - MINNESOTA ' My Commission Expires 1 -31 -2005 Exhibit A The Land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: That part of Tract D, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin described as follows: Beginning at the point of intersection of the Easterly line of said Tract D and the Northerly right - of -way line of Eden Avenue; thence Southwesterly along the Northerly right -of -way line of Eden Avenue a distance of 87.30 feet; thence North deflecting to the right 112 degrees, 46 minutes, 17 seconds, a distance of 255.05 feet more or less to the Southerly right -of -way line of West 50ch Street; thence Easterly along said Southerly right -of -way line to its intersection with the Northerly right -of -way line of said Eden Avenue; thence Southwesterly along said Northerly right -of -way line to the point of beginning. Torrens property, Certificate No. 473082. D That part of the Northwest Quarter of the Southwest Quarter, Section 18, Township 28, Range 24, described as follows: Beginning at the point of intersection of the Easterly Iine of said Tract D and the Northerly right - of -way line of Eden Avenue; thence Southwesterly along the Northerly right -of -way line of Eden Avenue a distance of 87.30 feet; thence North deflecting to the right 112 degrees, 46 minutes, 17 seconds, a distance of 255.05 feet more or less to the Southerly right -of -way line of West 501h Street; thence Easterly along said Southerly right -of -way line to its intersection with the Northerly right -of -way line of said Eden Avenue; thence Southwesterly along said Northerly right -of -way line to the point of beginning. Abstract property. EXHIBIT B EXCEPTIONS None. s SCANNED COMMON INTEREST COMMUNITY NUMBER 1094 (A CONDOMINIUM) CITY /COUNTY AT GRANDVIEW SQUARE CONDOMINIUM DECLARATION SEE TS$ CIC PLAT FTLSb AS PART OF TlIIS DECLARATION THIS DECLARATION ( "Declaration ") is made as of August 22, 2002, by the CITY OF EDINA, a Minnesota municipal corporation ( "Declarant "), pursuant to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes Sections 515B.1 -101 through 515B.4 -118 (the "Act "), as amended. RECITALS: A. Declarant is the owner of the following described real estate: Lot 1, Block 1, Grandview Square 2 °d Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota all of which real estate constitutes and is referred to herein as the "Real Estate ". B. Declarant wishes to establish the Real Estate as a condominium under the Act. NOW THEREFORE, Declarant declares that the Real Estate is and shall be divided, held, transferred, conveyed, sold, leased, occupied and developed subject to the Act and to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, which shall run with the Real Estate and be binding upon all parties having any right, title or interest in the Real Estate, their heirs, personal representatives, successors and assigns, and which shall inure to the benefit of each unit owner, and the heirs, personal representatives, successors and assigns of each unit owner. IMPORTANT NOTICE Many provisions of the Act (Chapter 515B) which govern this common interest community ( "CIC"), and of the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317A, under which the Association is formed, are not repeated in this Declaration. This Declaration should be read in conjunction with both statutory chapters. 1.00 DEFINITIONS 1.01 Words defined in the Act, as used in this Declaration, shall have the meanings ascribed to them in the Act. The following are supplemental definitions: A. "Association" means the City /County at Grandview Square Condominium Association, Inc., a Minnesota nonprofit corporation. B. "Board of Directors" or "Board" means the board of directors of the Association. C. "Member" means any person or entity holding membership in the Association. D. "Occupant" means any person or entity in possession of a unit, including unit owners, the employees, lessees, guests and invitees of any unit owner, and the employees, lessees, guests and invitees of such lessees. IWNQ P /% v �v E. "REA Agreement" means the Amended and Restated Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions dated July 17, 2001, between Declarant, R.E.C, Inc., a Minnesota corporation doing business as Ron Clark Construction, Opus Northwest, L.L.C., a Delaware limited liability company, and the City of Edina, Minnesota recorded in the Hennepin County Recorder's Office on July 23, 2001 as Document No. 7508580, and in the Hennepin County Registrar of Titles Office on July 23, 2001, as Document No. 3412447, as the same may be hereafter modified or amended by the parties thereto. 2.00 IDENTITY OF REAL ESTATE AND CIC 2.01 This Declaration establishes Common Interest Community No. 1094, Hennepin County, Minnesota, under the name City/County at Grandview Square Condominium. It is a condominium (not a planned community or cooperative), and is not subject to a master association. The real estate included within this CIC is the Real Estate legally described in the Recitals above. 3.00 CIC PLAT 3.01 The CIC Plat for this CIC is being recorded simultaneously with, and as a part of, this Declaration. 4.00 OWNERS ASSOCIATION 4.01 City/County at Grandview Square Condominium Association, Inc. has been incorporated as a Minnesota nonprofit corporation under Minnesota Statutes, Chapter 317A to act as the association of unit owners required by Section 515B.3 -101 of the Act. 5.00 UNITS AND UNIT IDENTIFIERS 5.01 This CIC consists of two units. The unit identifier of each unit is shown on the CIC Plat. 6.00 BOUNDARIES 6.01 The unit boundaries shall be the walls, floors and ceilings of each unit, as described in further detail in Section 51513.2- 102(b) of the Act. 7.00 USE OF UNITS 7.01 All units are restricted to non - residential use. 8.00 LIMITED COMMON ELEMENTS 8.01 Certain portions of the common elements are allocated for the exclusive use of one or more but fewer than all of the units. In addition to the limited common elements specified in Section 515B.2- 102(d) and (f) of the Act, limited common elements of the CIC, and the units to which each is allocated, are as follows: the outdoor terrace and the canopy- covered entryway each adjacent to Unit No. 1 are allocated to Unit No. 1; the canopy- covered entryway adjacent to Unit No. 2 is allocated to Unit No. 2; all lobby and hallway areas located on, and adjacent to Unit No. 1, are allocated to Unit 1; and all lobby and hallway areas located on, and adjacent to Unit No. 2, are allocated to Unit No. 2. 2 9.00 ALLOCATED INTERESTS 9.01 Allocation. Each of the units is allocated the percentage of undivided interests in the common elements and in the common expenses of the Association, and a portion of the votes in the Association, specified in Exhibit A attached to this Declaration. However, certain expenses may be assessed against certain unit or units under Section 515B.3- 115(e) of the Act. 9.02 Formula. The percentage allocation of interests specified in Exhibit A is calculated for each unit by dividing one (1) by the total number of units. 9.03 Allocation of Limited Common Element Expenses. Common expenses associated with a limited common element assigned to only one unit shall be assessed against that unit. As permitted by Section 515B.3- 115(e) of the Act, common expenses associated with a limited common element assigned to more than one unit shall be assessed against the units to which assigned in proportion to the percentage allocation for those units in Exhibit A. 10.00 ASSESSMENTS 10.01 General Provisions. Section 515B.3 -115 of the Act specifies how assessments are assessed and collected. Section 515B.3 -116 specifies how the lien for assessments is created and enforced, and to which interests it is either superior or subordinate. Sections 10.02, 10.03 and 10.04 of this Article are in addition to those provisions. 10.02 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any unforeseen or unbudgeted common expense, including without limitation the unexpected construction, reconstruction, repair or replacement of a capital improvement and including fixtures and personal property related thereto, provided that any such assessment shall have the assent of not less than all of the voting power of Members who are voting in person or by proxy at a meeting duly called for this purpose. 10.03 Commencement of Initial Annual Assessments. The annual assessments provided for herein shall commence as to all units not later than 60 days after the conveyance of the first unit to a unit owner other than Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. 10.04 Commencement of Annual Assessments. By November 30 of each year the Board shall fix the amount of annual assessments against each unit for the following fiscal year and shall send written notice thereof to each Unit owner. The due date for payment of annual assessments shall be as set by the Board. At the time the Board fixes the amount of annual assessments it shall adopt a budget for the following fiscal year and cause a copy of such budget in reasonable detail to be furnished to each Unit owner. 11.00 ENCROACHMENTS, EASEMENTS AND RIGHTS OF ENTRY 11.01 Encroachments. The existing physical boundaries of a unit, or of a unit reconstructed in substantial accordance with the description contained in the original Declaration, are its legal boundaries regardless of vertical or lateral movement of the building or minor variances due to shifting or settling. 11.02 Easements to Repair, Maintain, Restore and Reconstruct. Wherever in, and whenever by, this Declaration, the Bylaws or the Act, a unit owner, the Association, the Board, or any other person is authorized or required to enter upon a unit or the common elements to repair, maintain, restore or reconstruct all or any part of a unit or the common elements, such easements as are necessary for such entry and such repair, maintenance, restoration or reconstruction are hereby declared and granted. 3 11.03 Easements to Run With Land. All easements and rights described in this Article are appurtenant easements running with the land, and except as otherwise expressly provided in this Article shall be perpetually in full force and effect, and shall inure to the benefit of and be binding upon Declarant, the Association, unit owners, Occupants, security holders and any other person having any interest in the CIC or any part thereof. The CIC and every part thereof shall be conveyed and encumbered subject to and together with all easements and rights described in this Article, whether or not specifically mentioned in any such conveyance or encumbrance. 11.04 Right of Entry By Association. The Association, and any person authorized by the Association, may enter any unit or any of the limited common elements in case of any emergency or dangerous condition or situation originating in or threatening that unit or any of the limited common elements. The Association or its authorized agent, after reasonable notice to a unit owner, may enter such unit owner's unit or any of the limited common elements allocated to that unit for the purposes of performing any of the Association's duties or obligations or exercising any of the Association's powers under the Act, this Declaration or the Bylaws. The Association shall repair any damage caused by the Association or its authorized representative to the entered unit, and the cost thereof shall be a common expense. All such entries shall be made and performed so as to cause as little inconvenience as possible to the unit owner and the business activities conducted within such unit. 11.05 Right of Entry By Unit Owners. Each unit owner will allow other unit owners and their authorized representatives to enter its unit (including the limited common elements allocated to such unit) as reasonably necessary for altering, maintaining, repairing or replacing the unit of, or performing the duties and obligations under the Act, this Declaration, or the Bylaws of, the unit owner making such entry; provided, however, that requests for entry will be made in advance and entry will only be at rimes reasonably convenient to the unit owner whose unit or limited common element is to be entered (except in the case of an emergency or dangerous condition or situation when this right of entry will be immediate). The unit owner making such entry will repair at such unit owner's expense any damage caused by its activities within the entered unit. 12.00 ASSOCIATION MAINTENANCE; INDEMNITY 12.01 Common Elements. All maintenance and repair of the common elements, including limited common elements not assigned to any one unit, which the Board determines to be reasonably necessary will be performed by the Association, the expense of which shall be a common expense allocated as described in the Act and this Declaration. Notwithstanding the foregoing, a unit owner will pay the Association, upon demand, all reasonable costs necessary for the Association to maintain, repair or replace any portion of the CIC building damaged or destroyed by the intentional acts of such unit owner or any of its agents, employees, tenants or licensees. The Association has the exclusive right to manage, maintain, replace and alter the common elements. Any damage caused to a unit by any work on or to the common elements done by or for the Association shall be repaired by the Association, and the cost thereof shall be a common expense. 12.02 Services. The Association may obtain and pay for the services of any persons or entities to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Real Estate, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Real Estate or the enforcement of this Declaration. The Association may arrange with others to furnish trash collection and other common services to each unit. 12.03 Personal Property and Real Estate for Common Use. The Association may acquire and hold tangible and intangible personal property and real estate for the use and benefit of all unit owners and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferable except with the transfer of title to a unit, provided that a unit owner may delegate its right of enjoyment of such property to occupants of his unit. A transfer of title to a unit shall transfer to the transferee ownership of the transferor's beneficial interest in such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of other unit owners. The transfer of title to a unit under foreclosure shall entitle the purchaser to the beneficial interest in such property associated with the foreclosed unit. M 12.04 Indemnification. Subject to the terms of Section 515B.3 -111 of the Act, the Association will indemnify, defend and hold each unit owner and each unit owners' agents, partners, shareholders, officers, directors and employees (collectively, the "Indemnitees ") harmless from any losses, damages, judgments, claims, expenses, costs and liabilities imposed upon or incurred by or asserted against the Indemnitees, including reasonable attorney's fees and expenses, for death or any injury (whether physical or monetary) that may arise from or be caused directly or indirectly by any negligent act of omission or commission or any willful misconduct of the Association and for any breach of the terms of this Declaration or the Bylaws by the Association. Such third parties shall not be deemed third party beneficiaries of this agreement. In case any action, suit or proceeding is brought against any of the Indemnitees by reason of any such act of the Association or any of the Association's respective agents, partners or employees, then the Association will, at the Association's expense and at the option of said Indemnitees, by counsel approved by said Indemnitees, resist and defend such action, suit or proceeding. Nothing herein will be deemed a waiver by the unit owners or the Association of the limitation on liability set forth in Minnesota Statutes Chapter 466, or in Section 515B.3 -111 of the Act, or other applicable law. 13.00 UNIT OWNER MAINTENANCE; INDEMNITY 13.01 Unit Upkeep / Maintenance. Each unit owner shall maintain its unit, and to the extent not otherwise maintained by the Association, the assigned limited common elements, at all times in a good, clean and non - hazardous condition, shall perform its responsibilities hereunder in such manner as not to unreasonably disturb other unit owners or occupants, and shall promptly report to the Board, or its agents, any defect or need for repairs the responsibility for which is that of the Association. A unit owner will do no act nor any work that will impair the structural soundness or integrity of the CIC building, or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the common elements, the other units, or their unit owners. 13.02 Indemnification. Each unit owner will indemnify, defend and hold the Association and all other unit owners, and the unit owners' agents, partners, shareholders, officers, directors and employees (collectively, the "Indemnitees ") harmless from any losses, damages, judgments, claims, expenses, costs and liabilities imposed upon or incurred by or asserted against the Indemnitees, including reasonable attorney's fees and expenses, for death or any injury (whether physical or monetary) that may arise from or be caused directly or indirectly by any negligent act of omission or commission or any willful misconduct of the indemnitor or any of the indemnitor's respective agents, partners or employees, and for any breach of the terms of this Declaration or the Bylaws by the indemnitor. Such third parties shall not be deemed third party beneficiaries of this agreement. In case any action, suit or proceeding is brought against any of the Indemnitees by reason of any such act of the indemnitor or any of the indemnitor's respective agents, partners or employees, then the indemnitor will, at the indemnitor's expense and at the option of said Indemnitees, by counsel approved by said Indemnitees, resist and defend such action, suit or proceeding. Nothing herein will be deemed a waiver by the unit owners or the Association of the limitation on liability set forth in Minnesota Statutes Chapter 466, or in Section 51513.3 -111 of the Act, or other applicable law. 14.00 INSURANCE, CASUALTY AND EMINENT DOMAIN 14.01 Association's Policies. Section 515B.3 -113 of the Act requires the Association to maintain property insurance on the common elements and the CIC units. The same section also requires general liability coverage, authorizes the Association to carry any other insurance it considers appropriate, specifies minimum notice from an insurer prior to cancellation, specifies other provisions for such insurance, requires the Association or an insurance trustee to adjust all losses, and describes the Association's duty with respect to repair or rebuilding after casualty to common elements or units. The provisions of the Act described in this Section 14.01, as the same may be amended from time to time, may not be varied or waived, but are hereby supplemented as follows: A. The Association shall carry workers' compensation insurance whenever it has eligible employees. B. The Association may carry fidelity insurance and shall do so whenever required by a holder, insurer or guarantor of a mortgage. 5 C. The Association may enter into binding agreements with one or more holders, insurers or guarantors of mortgages obligating the Association to keep specified coverages in effect for specified periods and to notify a holder, insurer or guarantor of any changes to coverage. 14.02 Unit Owner Policies. Each unit owner shall carry insurance for its own benefit insuring its personal liability and property, including all ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork, electrical and plumbing fixtures, built -in appliances and all other improvements and betterments regardless of when installed. All such policies will contain waivers of subrogation and provide that the liability of the carriers issuing insurance obtained by the Association will not be affected or diminished by reason of any such additional insurance carried by any unit owner. Unit owners, if governmental entities or agencies, may satisfy the requirements of this Section through self - insurance. Nothing herein will be deemed a waiver by the unit owners or the Association of the limitations on liability set forth in Minnesota Statutes Chapter 466, or in Section 515B.3 -111 of the Act, or other applicable law. 14.03 Eminent Domain. As in the case of physical damage or destruction, the Association shall represent all unit owners with respect to any condemnation involving all or any part of the CIC, including without limitation the condemnation proceedings and any negotiations, settlements or agreements related in any way thereto, and all condemnation awards shall be payable in the first instance to the Association for the benefit of unit owners and mortgage holders. The terms of this Section supplement the provisions of Section 515B.1 -107 of the Act. 15.00 ARCHITECTURAL. RESTRICTIONS 15.01 Association Control. The Association shall have the exclusive control of the common elements (including limited common elements) and no change shall be made to the common elements or to the exterior of any unit, including changes in appearance or color, except by the Association or with the written authorization of the Association. No building, fencing or other structures shall be erected or maintained on the common elements except structures for common use authorized by the Association. 15.02 Alterations of Units. Subject to the provisions of the Bylaws, a unit may be altered only in accordance with Section 515B.2 -113 of the Act, provided, however, that no exterior wiring shall be installed nor shall there be penetrations of the walls, window frames or roofs of the exterior of the building except as authorized by the Association. 15.03 Antenna. Except for the personal use of any CIC unit owner and except otherwise with prior written approval of the Association, no exterior television, radio, satellite, telecommunication or microwave tower or antenna of any sort shall be erected or maintained upon the common elements or the exterior of any unit. 16.00 RENTAL AND SALE / TRANSFER RESTRICTIONS 16.01 Leasing. Any lease between a unit owner and a lessee shall provide that the terms of the lease are subject in all respects to the provisions of this Declaration, the REA Agreement, the Articles of Incorporation and the Bylaws, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease enforceable by the Association as well as the landlord. All leases shall be in writing and a copy of each shall be filed with the Association prior to commencement of the term. Leases for residential or any other lodging related purposes are strictly prohibited. Other than the foregoing, there shall be no restrictions on the right of any unit owner to lease its unit. All leases shall be deemed to include, for the term of the lease, all of the unit owner's rights to use the common open spaces of the condominium. 16.02 Transfer of Ownership. A. Option to Purchase. If at any time from and after the date hereof through and including December 31, 2011, the owner of the second floor CIC unit (for purposes of this Subsection A only, "Seller ") wishes to sell or otherwise transfer ownership of its CIC unit, the owner of the first floor CIC unit (for purposes of this Subsection A only, "Buyer ") will have the first right and option of purchasing 6 such unit pursuant to this Subsection A (the "Option "). Seller will give Buyer written notice in accordance with Section 21.03 hereof when it wishes to sell or otherwise transfer title to its unit ( "Notice "). Within 30 days after Buyer's deemed receipt of the Notice, Buyer will notify Seller in writing in accordance with Section 21.03 if Buyer is exercising the Option ( "Buyer's Notification"). If Buyer's Notification is not given as required hereby, the Option will terminate and become null and void. If Buyer's Notification is properly given, the closing of the sale by Seller to Buyer will take place within the 30 days after Buyer's Notification is deemed received by Seller. The purchase price for Seller's unit will be $2,300,450.00, plus the percentage increase in the Consumer Price Index for All Urban Consumers, Minneapolis Metropolitan Area (CPI -U) for the period from the date hereof through the date of closing. Closing will be conducted according to Section 16.02(D) hereof. B. Right of First Offer. If the owner of either CIC unit chooses to sell its respective CIC unit, the other CIC unit owner will have a first offer right (the "First Offer Right ") for purchase of the unit. The selling party (for purposes of Sections 16.02 (B), (C) and (D) hereof only, "Seller ") will give written notice of such intent in accordance with Section 21.03 hereof (the "Offer Notice ") to the owner of the other CIC unit (for purposes of Sections 16.02(B), (C) and (D) hereof only, "Buyer "); provided, however, that the provisions of this Subsection B apply to a sale of the second floor CIC unit only after December 31, 2011, when the effect of Section 16.02(A) hereof expires. The Offer Notice will contain all terms upon which Seller is offering the CIC unit for sale, and will also include copies of all documentation required by the Act to be provided to a purchaser of any CIC unit. Within 60 days after receiving the Offer Notice, Buyer will notify Seller in writing in accordance with Section 21.03 if Buyer accepts the Offer Notice terms and is exercising its First Offer Right. If Buyer fails to properly exercise its First Offer Right within the 60 days after deemed receipt of the Offer Notice, Buyer's First Offer Right will automatically terminate and Seller may offer its unit for sale whereupon the provisions of Section 16.02(C) will thereafter apply. If the First Offer Right is property exercised as required hereby, closing of the sale transaction contemplated in this Subsection B will be conducted according to Section 16.02(D) hereof. C. Right of First Refusal. If Buyer fails to exercise its First Offer Right pursuant to Section 16.02(B) hereof, and if Seller thereafter receives a bona fide written offer (the "Offer ") from any third party to purchase Seller's CIC unit, Seller will give written notice to Buyer in accordance with Section 21.03 hereof of its intent to enter into a purchase or option agreement for the unit, which notice will include a copy of the Offer and copies of all documentation required by the Act to be provided to a purchaser of any CIC unit, and Buyer will have a right of first refusal ( "First Refusal Right ") for the same. Buyer may, within 45 days after receipt of the Offer, give notice to Seller agreeing to purchase Seller's CIC unit in accordance with the terms in the Offer. If Buyer fails to properly give notice exercising its First Refusal Right, Seller may sell its CIC unit to such third party in accordance with the terms of the Offer; provided, however, that if Seller proposes to sell its CIC unit on terms more favorable to such third party than disclosed to Buyer in the Offer, then Seller will give an additional written notice to Buyer of the revised terms and Buyer will have the right to purchase Seller's CIC unit in accordance with the terms of the revised notice if Buyer gives written notice exercising such right within 45 days after receipt of Seller's second notice. If Buyer fails to properly give any notice exercising its First Refusal Right, then the First Refusal Right shall terminate and become null and void. If Buyer properly exercises its First Refusal Right according to this Subsection, closing of the sale transaction contemplated in this Subsection C will be conducted according to Section 16.02(D) hereof. D. Closing Procedure. For any closing pursuant to Subsections A and B above, the applicable purchase price (less any closing cost or other applicable adjustments) will be paid by Buyer to Seller in cash or by wire transfer. For a closing pursuant to Subsection C above, the purchase price (less any closing cost or other applicable adjustments) will be paid according to the terms of the Offer. For all closings, Seller will convey marketable title to Buyer pursuant to a Warranty Deed. Within 10 days after (i) receipt of Buyer's Notification for a Subsection A closing, (ii) 7 Buyer's deemed receipt of Seller's acceptance of Buyer's purchase offer for a Subsection B closing, or (iii) Seller's deemed receipt of Buyer's exercise of its First Refusal Right for a Subsection C closing, Seller will at Seller's cost provide Buyer with a title commitment for Seller's unit issued by a title company reasonably acceptable to Buyer. Buyer will thereafter have 10 days to make objections to the status of title, except that Buyer shall not object to any matter listed on Exhibit B attached hereto. If Buyer fails to make any objection within the 10 -day period, Buyer will have waived such objection and the parties will proceed to closing. Seller will have 20 days after receipt of Buyer's objections to cure the same, during which period the closing will be postponed, if necessary. If Seller cannot cure any objection within such 20 -day period, Buyer may (i) terminate its purchase of Seller's CIC unit, (ii) waive its objections and proceed to close, or (iii) withhold from the purchase price 120% of the amount which, in the reasonable judgment of the closing title company, is sufficient to assure cure of Buyer's objections. Any amount so withheld will be placed in escrow with the title company pending such cure. If Seller does not cure all objections within 90 days after such escrow is established, Buyer may then cure the objections and charge the costs against the escrowed amount. At closing, Buyer will pay all premiums required for an owner's title policy issued pursuant to the title commitment obtained by Seller. Seller and Buyer will each pay one -half of any closing fee or charge imposed by the title company. Seller will pay all deed and transfer taxes payable in connection with the recording of the deed, plus all recording and other fees required to obtain marketable title for its property. All other operating costs of Seller's unit, including without limitation all Association dues and assessments, will be allocated between Seller and Buyer as of the closing date, so that Seller pays that part of operating costs payable before the closing date, and Buyer pays that part of operating costs payable on and after the closing date. Seller and Buyer will execute and deliver to the appropriate parties all reasonable documentation necessary to effect a closing contemplated by this Section 16.02. 17.00 USE; GENERAL RESTRICTIONS 17.01 Compliance with Declaration, Bylaws, Rules and Regulations. Each unit owner and Occupant will comply with all applicable provisions of the Act, the REA Agreement, this Declaration, the Bylaws, the Articles of Incorporation of the Association, and rules and regulations promulgated by the Board or the Association, as amended. Failure to so comply will be grounds for an action by the Association, an aggrieved unit owner, or any person adversely affected by such failure for recovery of damages, injunction and other relief. 17.02 Administration of Condominium. The CIC will be administered in accordance with the provisions of the Act, this Declaration, the REA Agreement and the Bylaws. 17.03 Use Restrictions. No unit owner will (i) make or permit to be made any use of its unit or any part thereof which would violate any of the covenants, agreements, terms, provisions and conditions of this Declaration, the REA Agreement, the Act or the Bylaws, or which directly or indirectly is forbidden by public law, ordinance or governmental regulation; (ii) use, generate, treat, store, handle, release, discharge, dispose of or otherwise deal with upon the Real Estate (including within or without individual units, and common and limited common areas) asbestos, urea formaldehyde or any substance or material which is classified, treated or regulated as a hazardous or toxic substance, waste or material, or as a contaminant or pollutant, for purposes of any of the Environmental Laws, as that term is hereinafter defined (each of the substances, materials and other items being referred to in this clause (ii) being sometimes referred to herein as a "Hazardous Material "); (iii) dispose of or release any petroleum or petroleum product in or from its unit; (iv) make or permit any use of its unit which may be dangerous, noxious or offensive (excluding library materials) or create or maintain any nuisance in, at or on its unit; or (v) make or permit any use of its unit which may invalidate, or increase the premium cost of any policy of insurance carried on the CIC building or the Real Estate, or any use which, in the Board's reasonable judgment, shall impair the character, reputation or appearance of the CIC. Notwithstanding the foregoing, reasonable and nondisruptive noise and activity levels shall be permitted within the CIC building despite use of any unit as a library or study facility. The term "Environmental Laws," as used herein shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, the Resource Conservation and Recovery Act of 1976, as amended from time to time, and any and all similar or related federal, state or local statutes, rules, regulations, orders or ordinances. 17.04 Security /Circulation. All common areas of the CIC building will remain accessible to the public and to all unit owners (subject to all CIC building rules and regulations issued by the Association) despite the business hours maintained by any unit. The owner of the first floor CIC unit will install and maintain on behalf of the Association an Association- approved security system for the CIC building, the costs of which will be a common expense allocated by the Association pursuant to Section 9.01 hereof. All grills or gates securing entrance into any unit will be incorporated into this security system if feasible. 17.05 Signs. No unit owner or Occupant will post any advertisements, posters or signs of any kind in or on the common areas or exterior of the CIC building, except as authorized in writing by the Association. Unit owners may display identifying signage, advertisements, posters and signs within their units as such owner deems advisable. 17.06 Outside Storage. Outside storage of any items including, without limitation, trash and garbage containers, shall not be allowed except as authorized by the Association. 17.07 No Obstructions. The sidewalks, walkways, halls, passages, entrances, corridors, stairways and driveways of this CIC shall not be obstructed or used for any purpose other than ingress to and egress from the units and parking areas within the common elements. 17.08 Conservation of Energy. No unit owner or occupant shall waste water, heat, air conditioning, electricity, or other energy, and all unit owners and Occupants shall comply with governmental laws and policies for the conservation thereof, and any rules and regulations adopted by the Association in furtherance of conservation. 17.09 Rules and Regulations. In addition to the restrictions, conditions and covenants contained in this Article, the Association may from time to time adopt, promulgate and publish other rules of conduct reasonably relating to the enjoyment of the CIC by unit owners and Occupants. All such rules and regulations will be enforced uniformly and in a non - discriminatory manner, and may have the effect of contradicting a provision of this Declaration or the Bylaws. 17.10 No Additional Units. Neither Declarant nor any other unit owner is permitted to create additional units by subdivision or conversion under Section 515B.2 -112 of the Act. 17.11 No Time Shares. Time shares, as defined in the Act, are not permitted in this CIC. 17.12 No Reserved Parking. With the exception of designated handicapped parking stalls, all parking spaces in the CIC parking lots shall be maintained as commons areas for public use and no such spaces will be reserved or otherwise designated for the private or exclusive use by any unit owner or third party. 18.00 FIRST MORTGAGEES 18.01 Precedence. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. 18.02 Notice of Action. Any mortgagee and any insurer or guarantor of a first mortgage on a unit who has advised the Association in writing of its name and address and the address of the unit covered by such mortgage, and in said writing has requested the Association to notify it of any of the following, will be entitled to timely written notice of. A. Any condemnation loss or any casualty loss which affects a material portion of the CIC or any unit on which there is a first mortgage held, insured, or guaranteed by such mortgage holder or insurer or guarantor, as applicable; 9 B. Any delinquency in the payment of assessments or charges owed, or any other default in the performance of any obligation under the Declaration, Bylaws, or Articles of Incorporation by a unit owner of a unit subject to a fast mortgage held, insured, or guaranteed by such holder or insurer or guarantor, which remains uncured for a period of 60 days; C. Any lapse, cancellation or material modification of any insurance policy maintained by the Association; and D. Any proposed action which would require the consent of a specified percentage of mortgage holders as specified in Section 20.02 below. 18.03 Examination of Books and Records. First mortgagees and holders, insurers and guarantors of first mortgages shall have the right to examine the books and records of the Association, as set forth more fully in the Bylaws. 18.04 Designation of Representative. Any holder of a first mortgage on a unit may designate a representative to attend meetings of Members. 19.00 SPECIAL DECLARANT RIGHTS 19.01 Special Declarant Rights. Declarant reserves the following rights (referred to in the Act as Special Declarant Rights) for its benefit: A. the right to complete improvements as shown on the CIC Plat; B. the right to use easements through the common elements for the purpose of making improvements within the CIC; and C. the right to appoint or remove any officer or director of the Association during the period of Declarant control, which shall expire upon conveyance of 50% of the units to unit owners other than Declarant. 20.00 AMENDMENTS 20.01 General. Section 515B.2 -118 of the Act specifies the requirements for amending this Declaration. This Section 20.02 is in addition to those provisions. 20.02 Mortgagee Approval. In addition to all other requirements set forth herein, and except when a higher percentage is required by law or this Declaration, amendments to this Declaration of a material nature, as hereinafter defined, must be agreed to (A) by unit owners who represent at least 67% of the total allocated votes in the Association, and (B) by mortgage holders who have submitted a written request to the Association to be notified of any proposed action requiring consent of mortgage holders, who represent at least 51% of the votes ascribed to units that are subject to mortgages held by such mortgage holders. A change to any of the provisions governing the following matters shall be deemed material: i. voting rights; ii. increases in assessments that raise the previously assessed amount by more than 10 %, assessment liens, or the priority of assessment liens; iii. reductions in reserves for maintenance, repair, and replacement of common elements; iv. responsibility for maintenance and repairs; 10 V. reallocation of interests in the general or limited common elements, or rights to their use; vi. redefinition of any unit boundaries; vii. convertibility of units into common elements or vice versa; viii. expansion or contraction of the project, or the addition, annexation, or withdrawal of property to or from the project; ix. hazard or fidelity insurance requirements; X. imposition of any restrictions on the leasing of units; xi. imposition of any restrictions on a unit owner's right to sell or transfer his or her unit; xii. a decision by the Association to establish self management if professional management had been required previously by the holder of a first mortgage on a unit; xiii. restoration or repair of the project (after damage or partial condemnation) in a manner other than that specified in this Declaration; or xiv. any provisions that expressly benefit mortgage holders, insurers, or guarantors. 21.00 MISCELLANEOUS 21.01 Right to Cure. If any unit owner violates any covenant or fails to perform any condition of this Declaration, the Association may perform the act, remove the defect or correct the violation upon thirty (30) days' written notice to the unit owner. If the Association so acts on behalf of a unit owner, the Association will levy an assessment against the unit owner's unit for the cost of the performance or correction. 21.02 Association Acts through Board. The power and authority of the Association as provided in applicable Minnesota Statutes, the Declaration, Bylaws, and Rules and Regulations shall be vested in the Board of Directors elected by all unit owners in accordance with the Bylaws of the Association. The Association shall act through the Board and the officers elected by the Board; accordingly, all references in this Declaration and the Bylaws to action by the Association shall mean the Board acting for the Association, unless action by the vote of the unit owners, Members or mortgagees is expressly required by the Declaration or Bylaws. 21.03 Notices. Any notices required or permitted hereunder or under the Bylaws to be given to the Association or the Board shall be sent by certified mail, postage prepaid, addressed to the Association or the Board, as the case may be, at c/o City of Edina, 4801 West 50h Street, Edina, Minnesota 55424, Attention: Director of Park and Recreation, or delivered personally to an officer of the Association or a member of the Board, as the case may be. All notices to any unit owner shall be sent by certified mail, postage prepaid, to the address of such unit owner in the CIC or delivered personally to such unit owner. All notices shall be deemed given when mailed as aforesaid or when delivered personally, except that notices of change of address, when mailed, shall be deemed given only upon receipt thereof. 21.04 Captions. The headings in this Declaration are intended for convenience only and shall not be given any substantive effect. 21.05 Construction. In the event of an apparent conflict between this Declaration and the Bylaws, the provisions of this Declaration shall govern. 21.06 No Applicable Ordinances. The CIC is not subject to any ordinance or charter provision prohibiting the condominium form of ownership or imposing conditions or requirements upon a condominium 11 which are not imposed upon physically similar developments under a different form of ownership. This statement is made pursuant to Section 515B.1- 106(d) of the Act for the purpose of providing marketable title to the CIC units. 21.07 Rights of Action. In addition to all other remedies and rights set forth in the Act, the Association and any one or more aggrieved unit owners shall have a right of action against unit owners who fail to comply with the provisions of this Declaration and the Bylaws or the decisions of the Association, and one or more unit owners shall also have such rights of action against the Association for any failure to comply with or enforce such provisions. 21.08 Declarant's Rights and Obligations. Declarant shall enjoy the same rights and shall be deemed to have assumed the same duties with respect to its unsold units in the condominium as any other unit owner, except as modified by the special declarant rights described in this Declaration. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year recited on the first page hereof. CITY OF EDINA Lo And By STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 21' day of August, 2002, by Dennis F. Maetzold and Gordon L. Hughes, the Mayor and the City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. THIS INSTRUMENT DRAFTED BY: Dorsey & Whitney LLP (AEL) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402 ?=— c* PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED Y 12 Notary Public Y � . � W-rhRYPUSLIC i�`I.Vr ESOT ;a My Commission Expires 'an. 'sr, 2005 r %A AA 01AA. x EXHIBIT A Allocation of interest in the common elements, of the common expenses and of the votes in the Association. First Floor Unit 50% Second Floor Unit 50% 0 0 13 EXHIBIT B Permitted Encumbrances 1. Amended and Restated Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions dated July 17, 2001, between the Edina Housing and Redevelopment Authority, a public body corporate and politic, R.E.C, Inc., a Minnesota corporation doing business as Ron Clark Construction, Opus Northwest, L.L.C., a Delaware limited liability company, and the City of Edina, Minnesota recorded in the Hennepin County Recorder's Office on July 23, 2001, as Document No. 7508580, and in the Hennepin County Registrar of Titles Office on July 23, 2001, as Document No. 3412447. 2. Declaration to which this Exhibit B is a part. 3. All encumbrances and other matters shown on the plat(s) of the Real Estate. 14 THIS DOCUMENT IS REGISTERED J\ r OFFICE THE .TITLES REGISTRAR < 9 HENNON COUNTY, fANNESOTA CER11FIED FFLED ON SEP 3 - 2002 M c 29A =emgTRdB.OF TITLES BY c i 1 X11 �Qj ooe:�z o G z� -i c L' r-n �� o 4✓ n -:a 0 3 v su OFFICE THE .TITLES REGISTRAR < 9 HENNON COUNTY, fANNESOTA CER11FIED FFLED ON SEP 3 - 2002 M c 29A =emgTRdB.OF TITLES BY c i X11 Q G c 4✓ -:a