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8.0. PRSR 03-09-2016 • City of Elk Memorandum River To: Parks and Recreation Commission From: Michael Hecker,Parks and Recreation Director Date: March 9,2016 Subject: Director's Report This report is a monthly highlight of department activities related to collaboration, strategic planning, staff changes/developments, and park operations. William H. Houlton Conservation Area Hunting Plan After patiently waiting eight months,it is now official. The Hunting Plan for the William H. Houlton Conservation Area has been approved by the DNR. The official hunting plan approved by the DNR Commissioner is attached to this report. Rivers Edge Commons Park Expansion Project The advertisement of bids for the construction of the 2016 Rivers Edge Park Expansion is now underway. Bids will be received at City hall until 2:00 pm on Tuesday,March 15,2016. Staff plans to make recommendations to City Council on this project at the March 21,2016 City Council meeting. Due to the fact that we have included additional bid alternatives in the project such as electrical upgrades,park WiFi and paver walk decorative metail ralings;and a project order lead time needed of up to 12-weeks for the Vetter quarry stone specifications,the construction,if approved by City Council,will not begin until after the last concert scheduled for Aiugist 11. Riverfront Concert Series 2016 The Bank of Elk River agreed to continue sponsoring the Riverfront Concerts Series with an increased sponsorship amount to $16,000. They will be recognized at the March 21,2016 City Council Meeting. The concert series is now scheduled for the dates of June 16 through August 11. Depending on the bidding process,we hope to start park construction by August 18. Bailey Point Nature Preserve The Minnesota Land Trust formally informed us Bailey Point Nature Preserve was inspected last fall. They state that the land continues to be used primarily for wildlife habitat. Also, that there did not appear to be any changes over the past year that would affect the conservation values of the land. They continue to be pleased with the conservation easement that protects Bailey Point.The letter from the MN Lasnt Trust is attached to this report. PIVEIE / IT N:\Departments\Parks and Recreation\Commission\Packets\2016\03-09-16 PRC Packet\Director's Report 3-9-16.docx 1I'IATI.JRE FEB 1 1 2016 isciA MINNESOTA LAND TRUST February 2, 2016 Michael Hecker Parks and Recreation Director City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Mississippi River(Babcock) SherburneCounty Project File ID#: 2012-441 Dear Mr. Hecker. The Minnesota Land Trust recently completed the annual monitoring of the former Babcock property in Sherburne County. Sonya Gylsen, a certified Minnesota Land Trust volunteer monitor, visited your property on September 10, 2015. Following the monitoring visit, she noted that the land continues to be used primarily for wildlife habitat and low-impact recreation. She also noted that there did not appear to be any changes over the past year that would affect the conservation values of your land. If you have any questions or concerns about this monitoring visit or about the conservation easement protecting your land,please don't hesitate to give me or any other member of the Land Trust staff a call. The Minnesota Land Trust has now completed 501 projects protecting 47,950 acres of land. Thank you for your help in preserving a part of Minnesota's unique and beautiful landscape. Sin rely, A Thies nservation Stewardship Director athies@mnland.org (651)917-6280 2356 University Avenue West I Suite 240 I St.Paul,Minnesota 55114 www.mnland.org 1651-647-9590 I Toll Free:1-877-MLT-LAND 25%cotton bond 150%recycle 130%post-consumer waste 11,Z7P , * . MNDNR . Minnesota Deportment ofNatural Resources • • Commissioner Approval Of:Deviation:fromthe Open Public Taking Of Fish and Game Requirement on Lands Acquired by Non-State Entities With-:Outdoor Heritage Funds - All non-state entitles•that•acquire land by fee with money appropriated from the Outdoor Heritage Fund. (OHF).must make lands acquired with OHF funding available to public hunting and fishing during the open seasons and must include a hunting.and:fishing management plan In the approved Accomplishment Plan for the property..Minn.Stat.§.9TA.056,.subd,12and 19(2014): The.open hunting and fishing mquirement:ean be modified as prescribed.by the Commissloner-of Natural Resources...Minn.Stat.§97A.056,eubd.•19c• (2014). In order for a non-state entity to obtain the approval of a hunting and fishing management plan that deviates from the requirement of OHF-purchased land being open to the public for the taking'of fish and game,please complete.the • Landowner/Appropriation Recipient portion of this form and send it as an attachment byemeil to the DNR Fish and Wildkfe.Division•Director. .' , . • Determinations regarding whether to grant approval of a deviation from-the-statutory hunting end fishing.access requirements will be made by the Commissioner based on the recommendation of the Director of the DNR Fish:end Wildlife Division. You will be notified of the decisiorrby the,:Directororhis herdelegafe: If you hove not yet • purchased the property any approval will be provisional, Final approval will be granted only upon acquisition of the property and a showing that any necessary conditions of the approval are incorporated into the Deed as a deed restriction. • LANDOWNERIAPPROPRIATION RECIPIENT • Name:City of Elk River thru The Trustfor Public Lands . • • 13065 Orono Parkway Elk River,MN 55330 Property Description: The subject property consids of 335.8 acres of agricultural and recreational land to include Parcel ID number's 75-005-1100,75-004-1000,75-402-0032,75-132.4410,75133-4200,75-413-0730,and 75-413-0610(see Exhibit A attached for full legal description) • County: Sherburne OHF Non-Open Hunting Plan Approval: I • s t ' Is the property open for fishing during openseasons? • Yes,with no restrictions he the property open to trapping during openseasons? No:Due to the prodmity of the property in relation to residential properties within the City of Elk Rhrer,•trapping will not be perms in order to protect domestic stasis from potential'entrapment. Trapping will be permitted only for nuisance animals by pond as authorized by the City.of Elk-River Is the property open to hunting during open seasons? Yes, but with restrictions: All hunting..will follow.the.current year MN•DNR Hunting Regulations with the.following restrictions. Archery hunting of small game, waterfowl, turkey and deer will be permitted throughout the property. Firearms are prohibited throughout the property for the hunting of Small game,turkey.sod deer,except during special hunts. Special hunts may Include shotgun hunts for turkey..and deer.as part Of a youth:merrtored and/or handicap hunt.as •designated by the City of Elk fliver. Special hunts will be conducted in accordance with all applicable MN DNR Hunting • Regulations. • Migratory.waterfowl.shotgun hunting will be.perMittet along the•Mlssissippl River.in-.the highlighted area:on the attached map. Designated waterfowl hunt areas wiN be clearly marked at the parking lot access point as well as signage delineating the shotgun zone boundary along the NtissIsgpi River. Items to be Attached:• • _A copy ofthe Public Law appropriating OHF funding for this acquisition" Plot book•map showing parceled.contiguous ownerships _Copy of Deed for the property-showing dead'restrictions regrdred.as condition of obtaining OHF funding Sketch of property or,if available,survey . • • . . • J4erial photograph • _Huntinglfishing management plan of the Accomplishment Plan(if.applicable) Any further desctiptian of the.propMed.hunting and/or fishing restrictions and the justification for said restrictions • OHF Non-Open Hunting Plan Approval:2 e if Adrnmi s.4407104 V Po r. n e el)? of E l k y l ee Dated: • + - A��I ' t?:rj-7,v ( None of Property Owner as it Appears on the Deed(please punt) ( !nature of P... rlyrOwner For Official Use Only DNR FISH AND WILDLIFE DIVISION DIRECTOR RECOMMENDATION The hunting/fishing modification Is: 1' Recommended subject to the following conditions contained in the Accomplishment Plan Not recommended [ I yr Rationale for decinsion: 1 ¢. 4v cv1/4,t•f cit iL Av(i Dated: 2lI/h' Director 4('1 Division of Fish and Wildlife Minnesota Department of Natural Resources DNR COMMISSIONER The hunting/fishing modification is: Approved subject to the terms and conditions of the hunting and fishing management plan dated (insert date)and as adopted by M.S.97A.056,subd.19c. Not approved Rationale for Decision: Dated: 3/3MP :%firt..aki C .loner Minnesota Department of Natural Resources • OHF Non-Open Hunting Plan Approval:3 1. 1 f: ;. t w: . 4 • i a II �• I 1 4. I • i f Copy of the Public Law Appropriating OHF Funding Legislative Citation: ML 2011,First Special Session,Ch.6,Art.1,Sec.2,Subd.5(d):Metro Big Rivers Habitat-Phase II $5,poo,000 the first year is to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi,Minnesota,and St.Croix Rivers as follows:$960,000 to the Minnesota Valley National Wildlife Refuge Trust,Inc.;$150,000 to Great River Greening;$840,000 to Minnesota Land Trust;$150,000 to Friends of the Mississippi River;and$2,900,000 to The Trust for Public Land.A list of proposed projects,describing types and locations of acquisitions,restorations,and enhancements,must be provided as part of the required accomplishment plan.The accomplishment plan must include an easement monitoring and enforcement plan.Money appropriated from the outdoor heritage fund for easement acquisition may be used to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to subdivision 15.An annual financial report is required for any monitoring and enforcement fund established,including expenditures from the fund. Legislative Citation: ML 2012,Ch.264,Art.1,Sec.2,Subd.5(b): Metro Big Rivers Habitat-Phase 111 $3,680,000 in the second year is to the commissioner of natural resources for agreements to acquire • Interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi,Minnesota,and St.Croix Rivers as follows:$1,000,000 to the Minnesota Valley National Wildlife Refuge Trust,Inc.;$375,000 to the Friends of the-Mississippl; • $375,000 to Great River Greening;$930,000 to The Minnesota Land Trust;and$1,000,000 to The Trust for Public Land.A list of proposed acquisitions,restorations,and enhancements must be provided as part of the required accomplishment plan.The accomplishment plan must Include an easement stewardship plan.Up to$51,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes,section 97A.056,subdivision 17.An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities. LAN DTITLE service beyond the expected February 20,2015 Carole).Hoeft Campbell Knutson;P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan;Minnesota 55121 Re: The City of Elk River/The Trust for Public Land Property Address:XXX Vacant Land,:Elk.River,MN 55330 Your Reference No. LT File No.:511859 • Enclosed herewith please find the following: Owner's Policy 0-9301-003364251 Recorded Warranty Deed,Document No.50689 Thank you for choosing Land Title,Inc. We appreciate your business. If you should have any questions,please do not hesitate to contact our office. Very truly yours, Gloria Olson Final Documents Department . Land Title,Inc. 2200 County Road C West;Suite 2205 Roseville,MN 55113 Email goison@landtitleinc.com Phone (651)6974143 Fax (651)638-1994 • Land Title,Inc.(Main Office)'2200. County Road C West,Suite 2205•Roseville,MN 55113 website landtttlelnc.com•phone 651:638.1900•fax 651.638.1994 • II you want inlorrrlianscoutcoma armed aiWraneetoresolve compWnle.phone mil owtoll lye numper:1.800.729.1902.MYoumate,atermunaptywa.• yoUmtn&SioNNiw5W%eros .1 . .n',: - 9.ollhe .,..[:.:y. i. .:.i:IINda aaaatt_,..5.�,. ..,.:_i_.•-n - . ri • .ALTA Owners Policy(6-17-08) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY • . . . , . Stewart . . .. • . . title guaranty company • . . . Any notice of claim and any other notice or statement In writing required to be.given to the Compan. . y under this-Polity must be given to tie Company at the address shown In Section 18 of the Conchdons. . ' COVERED RISKS . • SUBJECT TO THE EXCLUSIONS FROM COVERAGE;THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B;.AND THE CONDITIONS,STEWART TITLE GUARANTY.COMPANY,a Texas corporation(the'Company")insures,as of Date_of Policy arid,to the extent stated in.Covered Risks 0 and 10,after Date.of Policy,against lose or damage,not exceeding the Amount of Insurance,-sustained or incurred by the insured by reason of . 1. Title being vested other then as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title.Tile Covered Risk includes but it not anted to insurance against lois from (a) A defect in the Tttle-cawed-by- . • (I)forgery,fraud,undue influence,duress,incompetency,incapack or impersonation; (ii)failure of any person or Entity to have authorized a transferor conveyance; Rya document affecting Title not.proparly created,executed;.witnessed,sealed,acknowledged,-noterized,or delivered: . •(Iv)failure to perform those acts necessary.to create a.document by electronle.n authorized by law; • (v)a document executed under-a faistited,expired,or otherwise ,by power of attorney,. . (vl)-a document not properly tiled,recorded:or Indexed in the Public Records including faiiure-to perform those acts by electronic .means authorized by law;-or (vi)a defective Judicial or administrative proceeding.• . (b): The lien of real estate taxes or assessments inpoted on the Title by e.ggvemmental authorily.drte or payable,but unpaid. : (c) Any.encroachment,encumbrance,violation,variation,.or scheme-ttrcunstanoe affecting the Title that would be disclosed by an actuate and complete land survey-of the•Lend.The•term'encroachment includes.encroachments.of existing.lmprovamenls located on the Land onto adjoining land,and encroachments onto the Land of existing Improvements located on adjohang land. 3 Unmarketable Title. • . 4. No right of access to and.from the Land. 5. The violation or enforcement of-any law,ordinance,permit,or governmental regulation(including those relating to build ng and zoning) restricting,regulating,prohibiting,or relating to• . (a) the oc ctpency,.use,or enjoyment of the Land: . ' . (b)• the character,dimensions,or location of any improvement wetted on the Land; . • (C) the sthdivlsion of land;or - • - (d) environmental protection : . . . if a notice,describing any part of the•Land;is recorded In the Pablo Reoords.setting forth-the. or intention to enface,but only . to the extent of the violation or.enforcement referred to In that notice. • • 6. An enforcement action based on the enrolee Of a governmental.•poiice power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land, is recorded in the Public-R+ rcixds,but ordy to the extent Of the Ilia enforcement referred to in,that notice. , • 7. The exercise efts rights of eminent domain:a notice Other exerdee,describing any part of Via Land,'rerecorded in the Records. 8. Any taking by a governmental body:that has occurred and is•binding on the rights of a purchese for value without Knowledge. / aft C, . • . . ob.., r) -. .. .. „: ;.. Fhw.0,7 1 Au •f. • . ,.iti•:•',-).._ I i tea t#.d 0141. ' . Chetrinat:dthe Goad ;, .y* P"°1. PMidant 1e a•..'�'l i' . fi I A •,"' .Cour, '• attire - - .Land TiUe:.lnc. • Company Roseville.Minnesota • '' City,Stas. Wel c4 0-9301.003364251 - u• ALTA Owners Policy(8117/06) • COVERED RISKS(Continued) 9. The being vested other than as stated ht Schedule A or being defective (1)to be body,or - (a) as a result of the avoidance In whole or in part,or from a court order (tq to Impart notice of is existence to a purchaser for value or to providing an alternative remedy,of a transfer of all or any pert of the a Judgment or lien creditor. title to or any interest in the Land oocurdng prior to the tansatt ri 10. Any defect In or Nen or encumbrance on the Tele or other metier Induced vesing Title as shown In Schedule A because that prior transfer it Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal bank- been filed or recorded in the Public Records subsequent to Date of Policy ruptcy,state insolvency,or sknliarcredltors'rights laws:or and prior to the mooning cilia deed or other Instrument.of transfer In the (b) because the instrument of transfer vestlng Title as shout In Schedule Public Records that vests Tine as shown In Schedule A. A constitutes a preferential transfer under federal bankrupiyr.state The Company will also pay the cafe,attorneys'fees,end expenses insured insolvency,or indar creditors'rights laws by reason of die failure of ' kr defense of any mattes kneed against by this Policy,but only to the extent Is recording In the Public Records provided in the Co diions. EXCLUSIONS FROM COVERAGE The following mateis are expressly excluded from to coverage of this policy, (b) not Rem to the Company,not recorded in the Public Records at and the Company wit not pay loss or damage,costs, attorneys' fees, or Data of Poky,but Known to the Insured Claimant and not disclosed expenses that arise by res son.of: In writing to die Company by the!named Claimant!Mato to the date 1. (a) Any law,ordinance.permit,or governmental regulation(Induerng the loured askant became an insured under this poky; those raising to building and zoning)restricting,regulating,prohibit- (c) readthm in no loss or Menage to the hawed Clatmamtk hg,orrebling to (d) satelfing or created subsequent to Date of Policy(however.this does (I) the occupamoy,use.or enjoyment of the Land: not modify or Amit the coverage provided under Covered Risk 9 and • (t) the character, dimensions,or location of any Improvement 10);or erected on the Land; (e) mauling in foes or damage that would not have been sustained if the (Ii) the subdivision of land;or insured Claimant had paid value for the Title. (iv) environmental protection: • 4. Any daim,by reason of the operation of federal bankruptcy,y,slate Insokveroy, or the elect of my violation of these laws,ordnances,or governmental regu- or elmter cruors' rights law—,that the transaction vesting the Title es tutors.Title Exckrefon 1(e)does not modify or limit the coverage provided shown in Srlred ie A,ib under Covered Risk 6. (a) a iraudtltent corweysrrce or kaudulent transfer;or (b) Ary governmental poke power.This Media lcn 1(b)does not modiy (b) a preferential transfer br any reason not stated in Covered Risk 9 or Unit the coverage provided under Covered Risk 8. of this policy. 2. Rights of eminent domain.This Exclusion does not modify or limit the b. My Ilan on the Title br real estate tensa or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching-between Date of Policy 3. Defects,tens,enambranae,adverse claims,or other meters end the date of recordng of the deed or other isttanent of kande Iii to (a) crested,suffered,assumed,or agreed to by the insured Claimant; Public Records that vests Tide as shown In Schedule A cONDmONs 1. DEFINITION OF TERMS hewed named in Schedule A for estate planning The following terms when used in this policy mesa: purposes. (a) 'Amount of Insurance":The amount elated in Schedule A,as may be t}i) .i Ih regard to(A).(g),(C),and(D)reserving.however,all rights Increased or decreased by endorsement to tide policy,iteressed by end defenses es to any successor that the Company would ' Section 8(b), or decreased by Sections 10 and 11 of these have had against any predecessor Insured. Conditions. (e) Insured Claimant'".An insured dainkg loss or damage. • (b) 'Date of Policyy'.The date designated as'Date of Polo/in Schedule A (I) ^K, "ar'7tnowri:Actual knowledge,not castnrctNe know- (c) 'Erhlty%A corporation,partnership,tont,.limited liability company,or ledge or notice first may be knputed to an Insured by reason of the • other sknilar legal entity. Public Records or any other records that impart constructive notice 00 Insured":The insured named in Schack&A of matters affecting the Title. • (t) The term Insured"also includes (g) "Lear The land descxbed in Schedule A,and affixed!warms* that by law constitute real property. The tame'Land"does not r (A) successors to the Title of the Insured by operation of law include any property beyond the lies of the area described In as distinguished from purdrsoe,including hada.devisees, Schedule A,nor any right,Ole,Interest,estate,or eaearnent.ln abulthl survivors,personal representatives,or next of holm: streets,wads,avenues,alleys,lanes, ways,or waterways,of access (8) successors to an Insured by dissolution, merger, con- does not modify or Snit the extent that a solideton,distribution.or reorganization:' to Land Is Insured by this policy. tto o and from but this (C) successors to en Insured by Ile conversion to another (h) 'Iitertgagte:!age,deed of trust,trust deed.or ober security kind et Entity, inettaiment,kstudig one evidenced by electronic means authorized i (D) a grantee of an hewed under a deed delivered without by . payment of actual valuable consideration conveying the 0) "Public Records`.Records eetabnehed wider stake statutes at Date Yate of Policy for the purpose of Imparting constructive voice of matters (1) 9 the stock,shares,memberships,or other equity relating t0 meal property t0 purchasers for value and without Know. Interests of the grantee are wholly-owned by the WM to Covered Risk 8(d), "Public Records"alai tarred insuredalso include ennvtdnmenial protecton Ions Red In the records of the clerk(2) ithe grantee wholly owns the named Insured, Is Is located. States f>lelkt Court for the district where Ira (3) 9 to grades is wholy-owned by an adplated Errsty (D "Title"The estate or interest described in Schedule A. of the named insured,provided the affiliated Entity ) 'Unnerhelble Teen:Tide effected by an Memel or apparent meter and the nerved Emit dose heti vvholy-owned by the that would permit a prospective purchaser orThe lessee of the e or person or Ertsty • same 'or. lender on ate Tide to be released torn the obligation to purchase, (4) 9 the grantee la a trustee orbertetdary of a trust created by a written tnstrtrmnerrt established by the lease,or lend 9 dare fa a contractual oondfiton the delivery ,� • i' Page I. L' CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE securing evidence,obtaining Weems,prosecuting or ung The coverage of this policy shall confrere In force as of Date of Policy in the action or proceeding,or effecting setiement,and el)to any other favor of an Insured,but only so long as the Instal raisins an estate or lawful ad that In the opinion of the Company may be necessary or Interest in the Lend,or holds an obligation secured by a Kase money 'desirable to establish the The or any other matter as Insured.If the Mortgage given by a purchaser from the Insured,or onlyso long as the Company Is prejudiced by the failure of the Insured to furnish the Insured shell have liability by reason of warranties in any transfer or con- regaled cooperation,the Company's obligations to the hared under • vayarnce of the Title.This policy stall not continue in force In favor of any the pokey slat laminate.klchrdng my label or Mitigation to defend. • purchaser iron the Insured of either(I)an estate or klerest in the Land, prosecute,or continue any litigation,wbh regard to the natter or or(tQ an obligation secured by a purchase money Mortgage given to the matters requiring such cooperation. lamed. (b) The Company may reasonably require the Insured Claimant to submit 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT Company exoneration under oath by any aWhaked representative of the Company and to-produce for examination,Inspection,and copying, The Inured shell notify the Company promptly In wring(I)in case of at such reasonable times and places as may be designated by the arty l adorn as set forth in Section 5(a)of these Conditions,(k)in 'authorized representative of the Company,as records,In whatever case Knowledge shall come to an insured hereunder of anyclaim of modem malrtsined induct hook Ing e,fadgers,ethacks,memoranda, title or kdarest that is adverse to the Title,as Mural,and that might correspondence.report&a aaks,disks,tapes,and videos whether cause loss or damage for which the Company may be Halite by bearing a dal before or after Date of Paley, that reason*y vitae of this poky, or go if the The, all frrsased, is rejected as galea to the lass or damage. Further, if requested by any lhsrarhalbia The. If the Company l'prejudoed by the failure of the authorized representative of the Company,the Insured Ciaimant hewed Claimant to provide prompt notice,the Company's lability to shell grant Its permission, In writing, for any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company to examine,Inspect,end copy all of of the prejudice. these records in the custody or eonbol of a third party that reasonably pertain to the toss or damage.Al Information designated 4. PROOF OF LOSS as confide nal by tie Insured Claimant provided to the Company In the event the Company is triable to determine the amount of loss or pursuant to the Section-shall not be deposed to others unless,In damage,the Company may,at its option,rerµlke as a condition of payment the reasonable Judgment of the Company, It is necessary In the that the Insured Claimant furnish a signed proof of loss.The proof of loss administration of the Balm.Patwe of the insured Claimant to submit must describe the defect, Hen,encumbrance, or other matter insured for examination under oath, produce any reasonably requested against by this policy that constitutes the bast of loss or damage and kilometer, or grant permission to secure reasonably necessary shell stab,to the extant possible,the basis of calculating the amount of information from third parties as required in this subsection,unless the loss or damage. prohblted by tem or governmental regulation, shall terminate any 5. DEFENSE AND PROSECUTION OF ACTIONS Hadley of the Company under this policy as to that dafm. (a) Upon written request by the Insured,and subject to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; contained inn Section 7 of these Conditions,the Company,at its own TERMINATION OF LIABILITY cost and vlicut unreasonable delay,shall provide for the defense of In ase of a data under this policy,the Company shall have the following an Insured In Ilfpefon in which any third party asserts a dawn covered addt[onal options: by this poky adverse to the insured.This obligation is kneed to only (a) To Pay or Tender Payment of the Arlmunt of Insurance. To pay or those stated causes of action alleging raters Insured against by • tender payment of the Amount of Insurance under ids policy together Companythis poky.The ai all Insured a t►e to select counsel rf fts with any coats,attorneys'tees,■nd expanses incurred by the Insured choice(subject lothe right object for reasonable Claimant that were authorized by the Company up to the time of pay- cause)to represent the enured as to those stated causes of action. ment or tender of payment and that the Company is obligated to pay. It shall not be fable for and wet not pay the fees of any other counsel. Upon the exercise by the Company of this option,all liability and The Company will not pay any fees,costs,or expensesincurred by obligations of the Company to the Insured under this policy,other the enured in the defense of those causes of action that allege than to make the payment refitted in Ws ehbsection,Mal terminate, ' Mem not Viewed against by this policy. Including any liability or obligation to defend,prosecute.or continue ' ro) The Company shall have the right,in addition to the options contained any litigation. . In Section 7 of these Condition,at Its omen cost,to institute and (b) To Pay or Otherwise Settle With Parties Other Than the Insured or prosecute any action or proceeding or to do any other act that In Its VNth the insured Clalmart. • opinion may be neonssay or deelrabie to establish the Tile,as Insured, (1) To pay or d herwise salt with other parties for or In the creme of • or to prevent or reduce lose or damage to the Insured.The Company an hewed Claimant any claim Insured against under this policy. may take any appropriate action under the bens of this pricy,whether In addlon,the Company we pay any cost,attorneys'fees,and . or not It shall be fable to the Inured.The exercise of these rights expanses Incurred by Vie insured Claimant that were author- • sial not be an adnhlalon of kabkigr or waiver of any provision of tis Ind by the Company up to the time of payment and that the policy.If the Company exercises is fights under this subsection,It Company is obligated to pay;or (c) Whenever Company brings an action or asserts a defense as must do so Monty. nil To pay or otherwise seine wider the Insured Cher with aloss or f required or permitted by this pokey.the Company may pursue the provtdal for expenses tis policy,together Insured any costs. litigation b a Aral determination fees. incurred by the Claimant by a court of competent jurisdiction, that were authorized by the Company up to the time of payment arid H expressly reserves the right,in is sole disereton,to appeal and that Ina Company le obligated to pay. any adverse*reporter order. Upon the exordia by the Company of either of the options provided for th subsections.(b)(i)or(I),the Conpany'e obligations to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE Mewed under this poky for the daimed loss or damage,other than • (a) In all oases where itis policy permits or requires the Company to the payments required to be made,shall terminate,Including any prosecute or provide for the defense of any action or proceeding lability or obligation to defend,prosec te,or comma any litigation. i. and any appeal.eaInsured shall secure to the Company the right ,,:.,' to so prosecute or provide defense in the action or proceeding, 8. DETERMINATION AND EXTENT OF LIABILITY • including to right to use,a its option,to name of the band for tis This policy is a conked of indemnity against actual monetary loss or purpose.Whenever requested by the Company,the Insured,at the damage sustained or Incurred by the hexed Claimant who has suffered Company's expense,shalt give the Company all reasonable all(I)in loss or damage by reason of matters insured against by Iris policy. k Page 3 f' (a) The extent of liability of the Company for lose a damage under this 14. ARBITRATION policy shall not exceed the lesser of Ether the Company or the Insured may demand that the dafm or (I) the Amount of Insurance;oruhontra ray NMI be submitted to erbtratiah pursuant to the The (I1) the difference between the value of the Title es Insured and the insurance Arbitration Rules of the American Land Tito Association value ofthe Title subject to the risk insured against by Ws policy. (Rules").Except es provided in the Rubs,there shell be no joinder or (b) If the Company pursues Its rights tinder Section 5 of these Conditions consolidation with claims or controversies of other persons.Arbitrable and Is unsuccessful in establishing the Title,as insured, maters may include, but are not limited to,any controversy or claim (1) the Amount of insurance NMI be Increased by 10%,and between the Company and the Insured arising out of or relating to this Qn the Insured Claimant shat have the right to have the loss or poloy,any service in connection with Ns issuance or the breach of a damage determined either as of the dab the dein was made by policy provision,or to any other controversy or claim arising out of the the Insured Clement or as of the date it is settled and paid. transaction gong dee to this poky.Al arbitrable metiers when the Amami (C) in addition to the extent of Palely under(a)and(b),the Company WI of Insurance is$2,000.000 or less stat be arbitrated et the option of also pay those costs,attorneys'fees, and expenses Incurred In ether the Company or the eared.All arbitrable maters when the Mound accordance with Sections 5 and 7 artless Conditions. of Insurance is In excess of.$2,000,000 sial be arbitrated only when , : • agreed to by both the Company and the thawed.Agitation pureuard to 9. LIMITATION OF LIABILITY this policy and railer the Rides Nal be binding upon the parties.Judgment (a) If the Company establishes the Title,or removes the aleged defect, upon the award rendered by the Arbitrator(s)may be entered In any • lien,or enaarixanoe,or cures the lack of a right of access to or from court of competent jurisdiction. the Lend,or ares the claim of Unmarketable Tile,all as insured,in a reasonably diligent mariner by any method,Including litigation and 15. UABILITY OARED TO TIS POLICY;POUCYENTIRE CONTRACT the completion of any appeals,It shall have fully performed Its obi- (a) This policy together with di endorsements,if any,attached to it by gallons Will respect to that mailer and stet not be Sable for any toes the Company is the entire policy and contract between the Insured or damage caused to the Insured. and the Company.In bhberpretirg any provision of this policy,this (b) In the event of any'Ogaden,Induulrg(dilation by the Company or policy Nal be construed as a whole. • with the Company's consesd,the Company Nall have no liability for (b) My claim of loss or damage that arises oil of the status of the Tib . loss or damage until there has been a final detarni al on bye court or by any eclat asserting such claim shall be restricted to this poky. of competent jurisdiction,and disposition of al appeals,adverse to (c) My amendment of or endorsement to Ws policy must be In writing the Title,as insured. and autlMnluebd by en authorized person,or expressly Inoaporeled (g The Company shall not be lathe for loss or damage to the Insured for by Schedule A of this policy. liability vol unterly assumed by the Insured in selling any claim or (d) Each endorsement to tis policy issued at any time Is made a part of suit without the prior written consent of the Company. this policy end is subject to all of Its terns and provisions.Except as the endorsement expressly stales,It does not(0 modify any of the 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION ters and provisions of the policy,(ii)modify any prior endorsement OF UABIUTY ix extend the Date of Policy,or 014 increase the Amount of Insurance. M payments under this policy,except payments made for costs,attorneys' - fees,and expenses,shall reduce the Amount of Insurance by the amount 16. SEVERABILITY of the payment. In the event any provision of this policy,in whole or in part,Is held invalid or unenforceable under applicable law,the policy shill be deemed not to 11. UABIUTY NONCUMULATIVE bncJude that provision or such pert held to be invalid,but at other provisions The Amount of insurance shat be reduced by any amount the Company shat remain in fill force and effect. pays under any policy Insuring a Mortgage to which exception Is taken in Schedule B or to which the insured has agreed,assumed,or taken 17. CHOICE OF LAW;FORUM subject,or which Is executed by an Insured after Date of Poky and*Soh (a) Choice of Law The insured ac knows ledges the Company has • is a charge or Hen on the Tile.and the amount so paid shall be deemed a underwritten the risks covered by this policy and determined the payment to the insured under this policy. premium charged therefor in relance'tpan the law affecting interest In red property and applicable to the Interpretation,rights,remedies, 12. PAYMENT OF LOSS or enforcement of policies dale Insurance of the jursdiction where When Hadley and the ardent of loss or damage have been definitely fbced the land Is located. in accordance with these Conditions,the payment shall be made with 30 Therefore,the court or an ebtretor shat apply the law of the Jura • - days. diction where the Land Is located to thiamine the validity of claims . against lie Title that are adverse to the Insured and to i terpret and 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT enforce tie terms of this policy.in neither case shall the aunt or (a) Whenever the Company shat have settled and paid a dem wider arbitrator apply its confide of law principles to determine the ape"- this policy,It shall be subrogated and entitled to the rights of tie cable law. • Insured Clement in the Tete and all other rights end remedies in (b) Choice of Forum:My litigation or other proceeding brought by the respect to the claim tat tits Insured Claimant has against any person Insured against the Company must be lid only in a atete or federal . or property,to the extent of the amount of any loss,costs,attorneys' court within the United States of America or is territories having fees, and expenses paid by the Company. If requested by the approbate jurisdiction. Company,the Insured Claimant NMI execute documents to evidence the transfer to the Company of these.rights mid remedies. The 18. NOTICES,WHERE SENT insured Claimant shall permit the Company to sue.compromise,or My notice of dem and any other notice or statement in writing required to h settle in the name of the Insured Claimant and to use the name oldie be given to the Company under lits policy nal be given to the Company Insured Chemed in any transaction or litigation involving these rights at Claims Department,P.O.Box 2020,Houston,Teras 77252-2029, and remedies. • If a payment on account of a claim does not fully cover the We of the - brnued Claimant,the Company shall drier the exerdee of to Ott to • • recover until after the Insured Clement shell have recovered Is loss. • �� (b) The Company.right of subrogation includes the rights of the Insured •, to indemnities,guaranties,other policies of Insurance,or bonds, notwithstanding any terms or conditions contained In those Instru- ments that address subrogation rights. � �• Page 4 - Me euwr+ay • is ALTA Owner's Policy(6-17-06) STEWART TITLE GUARANTY COMPANY SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O.Box 2029,Houston,TX 77252-2029 LT File No.: 511859 Policy No.: 0-9301-003364251 *Address Reference: XXX Vacant Land,Elk River,MN 55330 Amount of Insurance: $3,105,000.00 Date of Policy: January 5,201510:42AM 1. Name of Insured: The City of Elk River,Minnesota,a Minnesota municipal corporation 2. The estate or Interest in the Land that 1s insured by this policy is: FEE SIMPLE 3.Title is vested in: The City of Elk River,Minnesota,a Minnesota municipal corporation • 4.The Land referred to in this policy is described as follows: See Exhibit A ( it 'FOR COMPANY REFERENCE PURPOSE ONLY,NOT AN INSURING PROVISION. Copyright 2005-2009 American Land Title Association. All rights reserved. AM Is LAND TITLE The use of this Form is restricbal to ALTA licensees and ALTA members Asocun°H In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page l of 5 • ALTA Owner's Policy(6-17-06) - STEWART TITLE GUARANTY COMPANY SCHEDULE 8 LT File No. 511859 Policy No. 0-9301-003364251 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public record. 2. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be dtsdosed by an accurate and complete land survey of the Land. 3. Easements or claims of easements,not shown by the public records. 4. General and special taxes and assessments as hereafter listed,if any(all amounts shown being exclusive of interest,penalties and costs). 5. No coverage is provided for munidpal code compliance matters and fees including,but not limited to,utilities, right of way maintenance,water or sewer services,or fees for tree,weeds,grass,and snow or garbage removal,pike boarding,vacant building registration and zoning. 6. Any lease,grant,exception or reservation of minerals or mineral rights appearing In the public records. 7. The lien of all taxes payable in the year 2015,and thereafter,and taxes and assessments levied subsequent to the date of this policy. First half taxes are due and payable on or before May 15,2015. Second half taxes are due and payable on or before October 15,2015. (Taxes payable in the year 2014,and prior,have been paid In full.) 8. Easement in Quit Claim Deed dated June 7,2007,filed June 7,2007 as Document Number A651973. • 9. Subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below ordinary high watermark of the Mississippi River and the Elk River not intending,however,to deprive the fee owners of the usual riparian rights that attach to th eland riparian to a navigable public body of water incident to the ownership thereof. 10. The boundary lines of said premises have been marked by placement of Judicial monuments as referenced In Order and Decree of Regulation filed November 13,2007 as Document Number 662456(Abstract)and Document Number 141106(Torrens). 11. Rights of tenants under unrecorded leases. • momCopyright 2006-2039 American Land Tile Association.All rights reserved. AME RICAN SAND TITLE s The use of this Form is restricted to ALTA licensees and ALTA members MffOCIMTION in good standing as of the date of use. All other uses we prohibited. Reprinted under license from 0te American Lund Title Association. Page 2of5 • r. • • ALTA Owner's Policy(6-17-06) •- STEWART TITLE GUARANTY COMPANY 12. Notice of Funding Restrictions dated December 16,2014,filed January 5,2015 as Document Number 50690. • • Copyright 2008-2000 American Land Title Aasoclatica. All rights reserved. 01 e LAND TITLE 4 _ The use of this Form Is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. AN other uses are prohibited. Reprinted under license from the American Lend Title Assodation. Page 3 of 5 Ai_TA Owner's Policy(6-17.06) STEWART TITLE GUARANTY COMPANY LT File No. 511859 Policy No. 0-9301-003364251 EXHIBIT A Government Lots 3,4 and 6,Section 4,Township 32,Barge 26,Sherburne County,Minnesota;together with Island D and Island E,as shown on a Certificate of Survey,prepared by Rick M.Blom,PLS,.John Oliver&Associates,Inc., dated 8/5/05 and last revised 1/15/07. AND That part of Government Lot 2,Section 4,Township 32,Range 26,Sherburne County,Minnesota,lying westerly and southerly of the thread of the Elk River; AND Government Lot S,Section 4,Township 32,Range 26,Sherburne County,Minnesota,EXCEPT that part thereof lying within the following described property: Beginning at the Northwest corner of said Government Lot 5; thence North,assumed bearing,along the West line of Government Lot 1,Section 33,Township 33,Range 26, Sherburne County,Minnesota,a distance of 130.50 feet;thence East at right angles a distance of 556.50 thence South 47 degrees 29 minutes East a distance of 247.53 feet;thence South 33 degrees 24 minutes 34 seconds West a distance of 491 feet,more or less,to intersect the southwesterly line of said Government Lot 5;thence Northwesterly along said Southwesterly line of Government Lot 5 to intersect the West line of said Government Lot 5;thence North along said West line of Government Lot S a distance of 113 feet,more or less,to the point of beginning. Lots 1,2,3 and 4,Block 6,of the recorded plat of Orono,Sherburne County,Minnesota. Lot 5 and the easterly half of Lot 4,Block 7,as measured along the northerly and southerly lines.of said Lot 4,of the recorded plat of Orono,Sherburne County,Minnesota. That part of the West Half of the Southeast Quarter of Section 33,Township 33,Range 26,Sherburne County, Minnesota lying southerly of the thread of the Elk River. AND That part of the East Half of the Southwest Quarter of Section 33,Township 33,Range 26,Sherburne County, Minnesota,described as follows: Beginning at the Southwest corner of said East Half of the Southwest Quarter; thence north along the West line of said East Half of the Southwest Quarter to Intersect the southerly line of Second Street,according to the recorded plat of Orono;thence easterly along the southerly line of Second Street to the easterly line of Pine Street now known as Watson Avenue);thence northerly along the easterly line of said Pine Street to a point 80 feet southerly of the southwesterly corner of Lot 1,Block 7,said plat of Orono,as measured along the easterly line of Pine Street;thence easterly on a line parallel with the southerly line of said Block 7,a distance of 99 feet;thence northerly parallel with the westerly line of said Lot 1 to the southerly line of said Block 7;thence easterly along the southerly line of said Block 7 to the southwesterly corner of Lot 3,said Block 7,thence southerly at right angles 66 feet;thence easterly parallel with the southerly line of said Block 7 a distance of 98.91 feet to the southerly extension of the easterly line of the westerly half of Lot 4,said Block 7,as measured along the northerly and southerly lines of said Lot 4;thence northerly along said southerly extension to the southerly line of said Lot 4;thence easterly along the southerly line of said Block 7 to the southeasterly corner said Block 7,thence easterly to the southwesterly corner of Block 6,said plat of Orono;thence easterly along the southerly line of said Block 6 and Its easterly extension to the thread of the Elk River;thence easterly along the thread of the Elk River to the East line of said East Half of the Southwest Quarter,thence south along said East line of the East Half of the Southwest Quarter to the Southeast corner of said East Half of the Southwest Quarter; thence west along the South line of said East Half of the Southeast Quarter to the point of beginning. isso Copyright 200$-20011 American Land Title Association. All debts reserved. 104MCAN LAND TITLE The use of this Form is restricted in ALTA licensees end ALTA members eisocuTmr in good standing as of the date of use. All other braes are prohibited. Regraded under license from die American Land Title Association. Page 4ofS is • • ALTA Owner's Policy(6-17-06) STEWART TITLE GUARANTY COMPANY AND That part of Government Lot 1,Section 33,Township 33,Range 26,Sherburne County,Minnesota,described as follows: Beginning at the Southwest corner of said Government Lot 1,thence north along the West line of said Government Lot 1,a distance of 130.50 feet;thence east deflecting 90 degrees to the right,a distance of 556.50; thence northerly deflecting 90 degrees 32 minutes 03 seconds on a line run to the northeasterly corner of Block 13 of the plat of Orono,a distance of 253.01 feet to Its point of intersection with the center line of Third Street(now vacated)in said plat of Orono;thence easterly along the center line of said Third Street to the southerly extension of the easterly line of Block 14 in said plat of Orono;thence northerly to the southeasterly corner of said Block 14; thence easterly along the extension of the southerly line of said Block 14 to the easterly tine of Walnut Street in said plat of Orono(now known as Xenia Street);thence northerly along the easterly One of said Walnut Street to the southerly line of Second Street in said plat of Orono;thence easterly along the southerly line of Second Street to the East line of said Government Lot 1;thence south along the East line of said Government Lot 1 to the Southeast corner of said Government Lot 1;thence west along the South line of said Government Lot 1 to the point of beginning. EXCEPT that part of said Government Lot 1 described as follows: Beginning at the Southwest corner of said Government Lot 1;thence North,assumed bearing,along the West line of said Government Lot 1 a distance of 130.50 feet;thence East at right angles 556.50 feet;thence South 47 degrees 29 minutes East to the South line of said Government Lot 1;thence west along the South line of said Government Lot 1 to the point of beginning. AND That part of island F,as shown on a Certificate of Survey prepared by Rick M.Blom,PLS,John Oliver&Associates, Inc.,dated 8/5/05,and last revised 1/15/07,also known as Race island,as shown on the plat of Orono,lying northerly of the easterly extension of the southerly line of Block 6 of the recorded plat of Orono. That part of Government Lot 2,Section 33,Township 33,Range 26,Sherburne County,Minnesota,lying westerly of the thread of the Elk River;also known as that part of Lot 2,Auditors Subdivision No.3,Sherburne County, • Minnesota,lying westerly of the thread of the Elk River. Government Lot 1,Section 5,Township 32,Range 26,Sherburne County,Minnesota. AND That part of Government Lots 2 and 3,Section 5,Township 32,Range 26,Sherburne County,Minnesota,lying easterly of the recorded plat of Mississippi Oaks Second Addition and lying easterly of the recorded plat of Mississippi Oaks Third Addition. AND islands A,B and C,as shown on a Certificate of Survey prepared by Rick M.Blom,PLS,John Oliver&Associates, Inc.,dated 8/5/05 and last revised 1/15/07. That part of Government Lot 1,Section 32,Township 33,Range 26,Sherburne County,Minnesota lying easterly and southerly of the thread of the Mississippi River backwater,said thread being the common line with Mississippi Oaks Third Addition,and lying westerly of the southerly extension of the West line of the recorded plat of Orono Hills Addition. AND That part of Government Lot I and Government Lot 2,Section 32,Township 33,Range 26,Sherburne County, Minnesota,lying southerly of the recorded plat of Orono Hills Addition,lying easterly of the southerly extension of the West line of said Orono Hills Addition and lying southerly of the southwesterly extension of the southeasterly line of Lot 5,Block 2,said Orono Hills Addition. ammo Copyright 2008-2009 American Land Tide Association. All rights reserved. AµE (AMD Tau The use of this Form Is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the dale of use. Ali other uses are prohibited. Reprinted under license from the American Land Tile Association. • St Page of Sherburne County,Minnesota ianuary 05,2015 No Dafingwent Taxes Doeerrnent No. 50689 Transfer Entered • Amery 05,2015 10:42 AM Fee: $46.00 Deed Tax¢L65 Certified filed and or recorded on above date: No CRY Required MICHELLE ASNE REGISTRAR OF TITLES Current Year Taxes Paid SHERBURNE County,MN Diana Arnold County Au4torlTreasurer CEFYI7FIGITE: 9999.0 Borate Jacobs,Deputy T5-004-1000 LIMITED w'ARRAN[Y DEED STATE DEED TAX DUE HEREON:$ I• • Date:December/412014 For good and valuable off,TIM TRUST FOR PUBLIC LAND,a nonprofit public benefit corporation emder the laws of California authorized to do business hi Iia as The Trust far Public Land,Inc.,Grantor,hereby conveys and quitclaims to TIE CITY OF ELK mint, • AIIMEsOTA,amunicipal corporation undearthelaws oftha State ofMlnnesota,Grantee, real property in Sherburne County,eta,described as follows: See Exhibit A attached hereto and incorporated herein by this reference together with ell hereditaments and appurtenances belonging thereto. Grantor covenarts and represents that: • (1) This Deed conveys wired title;and (2) Grantor has not made,done,executed or sr ered any act or thing whereby the above- described property or any part thereof,now or at any time hereafter,shall or may be imperiled, charged or encumbered in 8ny manner,and Grantor will warrant the title to the above-desctjbed property against all persons claiming the same form or era*Grantor as a result of any such act or thing,EXCEPT:easements,restrictions and reservations of record. The Grantor certifies that Grantor is bawler with theptopertp described in this inatnuaent and the status and numberofKnells oathe descried real property havenotchanged since the last previously filed well disclosure certificate. The Grantor certifies that consideration for this deed is less than$500.00. TAE TRUST FOR C LAND • By • {oter ACKNOWLEDGMENT STATE OF MINNESOTA ) COUNTY OF a.,.-F ) The foregoing instrument was acknowledged before ma this /Wry of December, 2014, by (2,S.,..s,T.N4;11,...7 ,the 14„:J.rmissukrw.v.orThe Trust fax Public Land,a nonprofit public benefit corporation under the laws of California authorized to do business in Minnesota as The Trust for Public Land,Inc.,on behalf ofthe corporation. R Signature OfPerson Taking Acknowledgment Qom.'• LARRY MOUNTAIN �kre.:,:ily:fi.NO ARYPUeUC•hun4ESOfk My CommiufonEzpfri meJanwry�1,2020 Y F THIS INSTRUMENT WAS Tax Statements for the real property DRAFTED BY: described in this instrument should be SOW tc (ficlnda name and address of The Trust for Public Land{MZ) Grantee): 2610 University Avenue,Suite 300 St.Paul,MN 55114 The City of Elk River 13065 Orono Parkway Elk River,MN 55330 Attn: Calvin Portner a `✓' 5 NOTICE OF FUNDING � . RESTRICTION8 THE TRUST FORa i PUBLIC LAND, a nonprofit . • P California public benefit corporation authorized to do business In Minnesota.as The Trust for.Public Land, Inc.Is the fee owner Of a certain piece or.parcel . of•land located In Sherburne County;Minnesota,more particularly described in Exhibit A attached hereto,. and.made part hereof(the"real.property"). • Notice Is hereby given that The'Trust for Public Land acquired the property.with grants from the Outdoor Heritage fund as provided In Minnesota Laws 2011,1st Special Session,Chaptir8,Artiste 1, Section 2,Subdivision 5(d):.Metro BIg Riven:Habitat Program Phase II(The Trust for Public Land), MNDNR Agreement Number SWIFT PO No..3000005675;and Minnesota Laws 2012,Chapter 264, Article 1,Section 2,Subdiviabn 5(b)Metro Big Rivers Habitat Program Phase III(The Trust for Public Land),MNDNR Agreement Number SWIFT PO No.3000021464. The grant agreements are between • The Trust for Public Land and the Minnesota Department of Natural Resources. In accordance with 2012 Minn. Statutes,97A.056.OUTD.QOR HERITAGE FUND; LESSARD • - SAMS OUTDOOR HERITAGE COUNCIL Subd. 16. Land Acquisition RestrNtions, The Trust for Public Land is providing notice of the following: • 'This interest in reel property shell be administered in accordance with the terms,conditions,and purposes.Of the grant agreement controlling the acquisition of the property..The interest In real.pnopevty, • or any portion of the interest in real property,shall not be sold,transferred,pledged,.or otherwise disposed of or further encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor Heritage Council or.its sudor. The ownershtr.fthe interest in real property shalt transfer to • the state ll:(f)the holder of the interest*?real property fails to comply wtih'the terms and conditions of the grant agreement or accomplishment plat or(2)restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation. • IN WITNESS WHEREOF.The Trust for Public Land has set its hand and seal this tbh Of QKfi.6^ 2014. . THE TRUST.FOR PUBLIC LAND - • Tide: r 1 Date:_ S 14'1`{. • r'. • 1 r . 4 EXHIBIT A Government Lots 3,4 and 6,Section 4,Township 32,Range 26,Sherburne County,Minnesota;together with Island D and Island E,as shown on a Certificate of Survey,prepared by Rick M.Blom,PLS,John Oliver&Associates,Inc.,dated 8/5/05 and last revised 1/15/07. AND That part of Government Lot 2,Section 4,Township 32,Range 26,Sherburne County,Minnesota,lying westerly and southerly of the thread of the Effc River; AND Government Lot 5,Section 4,Township 32,Range 26,Sherburne County,Minnesota,EXCEPT that part thereof lying within the following described property: Beginning at the Northwest corner of said Government Lot 5;thence North,assumed bearing,along the West line of Government Lot 1,Section 33,Township 33,Range 26,Sherburne County,Minnesota,a distance of 130.50 feet;thence East at right angles a distance of 556.50 thence South 47 degrees 29 minutes East a distance of 247.53 feet;thence South 33 degrees 24 minutes 34 seconds West a distance of 491 feet,more or less,to.intersect the southwesterly line of said Government Lot 5;thence Northwesterly along said Southwesterly line of Government Lot 5 to intersect the West line of said Government Lot 5;thence North along said West line of Government Lot 5 a distance of 113 feet,more or less,to the point of beginning. Lots 1,2,3 and 4,Block 6,of the recorded plat of Orono,Sherburne County,Minnesota. Lot 5 and the easterly half of Lot 4,Block 7,as measured along the northerly and southerly lines of said Lot 4,of the recorded plat of Orono,Sherburne County,Minnesota. That part of the West Half of the Southeast Quarter of Section 33,Township 33,Range 26,Sherburne County,Minnesota lying southerly of the thread of the Elk River. AND That part of the East Half of the Southwest Quarter of Section 33,Township 33,Range 26,Sherburne County,Minnesota,described as follows: Beginning at the Southwest corner of saki East Half of the Southwest Quarter,thence north along the West line of said East Half of the Southwest Quarter to intersect the southerly line of Second Street,according to the recorded plat of Orono;thence easterly along the southerly line of Second Street to the easterly line of Pine Street(now known as Watson Avenue);thence northerly along the easterly line of said Pine Street to a point 80 feet southerly of the southwesterly corner of Lot 1,Block 7,said plat of Orono,as measured along the easterly line of Pine Street;thence easterly on a line parallel with the southerly line of said Block 7,a distance of 99 feet; thence northerly parallel with the westerly line of said Lot 1 to the southerly tine of said Block 7;thence easterly along the southerly line of said Block 7 to the southwesterly corner of Lot 3,said Block 7,thence southerly at right angles 66 feet;thence easterly parallel with the southerly line of said Block 7 a distance of 98.91 feet to the southerly extension of the easterly line of the westerly half of Lot 4,said Block 7,as measured along the northerly and southerly lines of said Lot 4;thence northerly along said southerly extension to the southerly line of said Lot 4;thence easterly along the southerly line of said Block 7 to the southeasterly corner said Block 7,thence easterly to the southwesterly corner of Block 6, said plat of Orono;thence easterly along the southerly line of said Block 6 and its easterly extension to • the thread of the Elk River;thence easterly along the thread of the Elk River to the East line of said East Half of the Southwest Quarter,thence south along said East line of the East Half of the Southwest Quarter to the Southeast corner of said East Half of the Southwest Quarter;thence west along the South line of said East Half of the Southeast Quarter to the point of beginning. AND That part of Government Lot 1,Section 33,Township 33,Range 26,Sherburne County,Minnesota, j described as follows: Beginning at the Southwest corner of said Government Lot 1,thence north along the West line of said Government Lot 1,a distance of 130.50 feet;thence east deflecting 90 degrees to the right,a distance of 556.50;thence northerly deflecting 90 degrees 32 minutes 03 seconds on a line ' run to the northeasterly corner of Block 13 of the plat of Orono,a distance of 253.01 feet to its point of • intersection with the center line of Third Street(now vacated)in said plat of Orono;thence easterly • • . along the center line of said Third Street to the southerly extension of the easterly line of Block 14 In said plat of Orono;thence northerly to the southeasterly corner of said Block 14;thence easterly along the extension of the southerly line of said Block 14 to the easterly line of Walnut Street in said plat of Orono(now known as Xenia Street);thence northerly along the eagerly line of said Walnut Street to the southerly line of Second Street in said plat of Orono;thence easterly along the southerly line of Second Street to the East line of said Government Lot 1;thence south along the East line of said Government Lot 1 to the Southeast corner of said Government Lot 1;thence west along the South line of said Government Lot 1 to the point of beginning. EXCEPT that part of said Government Lot 1 described as follows: Beginning at the Southwest corner of said Government Lot 1;thence North,assumed bearing, along the West line of said Government Lot 1 a distance of 13050 feet;thence East at right angles . 55650 feet;thence South 47 degrees 29 minutes East to the South line of said Government Lot 1; thence west along the South line of said Government Lot 1 to the point of beginning. AND That part of Island F,as shown on a Certificate of Survey prepared.by Rick M.Blom,PLS,John Oliver& Associates,Inc,dated 8/5/05,and last revised 1/15/07,also known as Race island,as shown on the plat of Orono,lying northerly of the easterly extension of the southerly line of Block 6 of the recorded plat of Orono. That part of Government Lot 2,Section 33,Township 33,Range 26,Sherburne County,Minnesota,lying westerly of the thread of the Elk River;also known as that part of Lot 2,Auditors Subdivision No.3, Sherburne County,Minnesota,lying westerly of the thread of the Elk River. Government Lot 1,Section 5,Township 32,Range 26,Sherburne County,Minnesota. AND That part of Government Lots 2 and 3,Section 5,Township 32,Range 26,Sherburne County,Minnesota, lying easterly of the recorded plat of Mississippi Oaks Second Addition and lying easterly of the recorded plat of Mississippi Oaks Third Addition. • AND Islands A,B and C,as shown on a Certificate of Survey prepared by Rick M.Blom,PLS,John Oliver& Associates,Inc.,dated 8/5/05 and last revised 1/15/07. That part of Government Lot 1,Section 32,Township 33,Range 26,Sherburne County,Minnesota lying easterly and southerly of the thread of the Mississippi River backwater,said thread being the common line with Mississippi Oaks Third Addition,and lying westerly of the southerly extension of the West line of the recorded plat of Orono Hills Addition. AND That part of Government Lot 1 and Government Lot 2,Section 32,Township 33,Range 26,Sherburne County,Minnesota,lying southerly of the recorded plat of Orono Hills Addition,lying easterly of the southerly extension of the West line of said Orono Hills Addition and lying southerly of the . southwesterly extension of the southeasterly line of Lot 5,Block 2,said Orono Hills Addition. • • is • STATE OFMINNESOTA Os- COUNTY OF &rot � ) this 1 . day of Pet t��"t. , 2014, before me personally appeared L• rr "•J'"-t w "�w►s,to me personally known,who,being by me duly sworn did say that s/he is the IY..;, Yr c.l,- fv%«►�••yy:.. of The Trust for Public Land,.a:nonprofit California public benefit corporation authorized to do business in.Minnesota as The Trust fOr Public Land,Inc.;and acknowledged said instrument to be the free=bat and deed of said corporation. r a •� LARRY MOUNTAIN ""'�" 'trotha.NOTARY NSW-NINNF.SOTA Notary Public .' '�.. , + My Ccinna%t-n 8zppins' My Commission Expires: *i:,kr. January.31.2020 Drafted eywo.v,AAAAAANwovvit The Trust for Public Land(MZ) 2610 University Avenue,Suite 300 St.Paul,MN 55114 i 2 . . • STATE OF MINNESOTA ) )ss. AFFIDAVIT REGARDING PURCHASER COUNTY OF SHIMBURNE) CALVIN PORTNER,.being first-.duly swan,on oath says that • . . 1. He is the City AdMinittrator for the City or1311dthier;a Minnesota municipal corporation,the municipal corporation named as Grantee in the Limited Warranty Deed dated ,2014,and filed for record • • . • ,:2014,as Document No. ,in the Office of the County Recorder of Sherburne County,Minnesota 2. Said corporation's Place of business is at: City of Elk River 13065 Orono Parkway . Elk River,Minnesota 55330 and said corporation has had the same principal place of business during the past ten years. 3. There have been no: • a. Bankruptcy or dissolution proceedings involving said corporation during the time said-corporation hai had any interest inthe premises described in the above document("Pimlico"); b. Unsatisfied judgments of record-*phut said corporation nor any actions pending in any courts,which affect the Premises; c. Tax liens against said corporation,except as herein stated: None. 4. Any bankruptcy or dissolution proceedings of record against corporations with the • same.or similar names,during the time period in which the above-named corporation has had any interest in the Premises,are not against the above-named corporation. 5. Any judgments,or tax liens of record against corporations withthe same or similar names are not against the above-named corporation. • 6. There has been no labor or materials finished to the Premises for which payment • has not been made. 7. Thereire no unrecorded contracts,leases,easements,or other agreements or interests relating to the Premises except as stated herein: None. '• 179449v1 • • • • • 8. There are no persons in possession of tiny portion of the Premises other than pursuant to a recorded document except as stated herein: None. 9. Them are no encroachments or boundary line questions affecting the Premises of which Affiant has knowledge. Arnett knows the matters herein stated are true and makes this Affidavit for the impose of inducing the acceptance of title to the Premises. CITY OF ELK•RIVBR. Br a/ 9'"— (7.--eefi alvtiPortner,City Adriinistrator. Su.• 'bed and . . tob • me this ii4;-44-daY • "ad 14. Nqtary-Public 44 • 41.881CA M.MILLER. • NOTARY PUB1.10-111148DTA • • • •• ibesingislor Was slinavy31.2017 • • THIS INSIRUMENT WAS DRAFTED BY: CAMPBELL KIVUTSON • Proftssional Association 317 Btgandale Office Center 1380 Corporate Canter Curve Eagan,Minnesota 55121 • Telephone: (651)452-5000 AMPledh • 2 179449v1 • • TED LTBisnch 4 2200 OmoVeasteLOoed 1.10 Wagiti fp 2205 • Fie Nimes: AIIIKO : FONS Pike: $AO LANDTITLE am DEM 10110011 strvics beyond the exp•ct.d COINED CLOSING STATEMENT Typr Fivolose.No Wider Rope* VAONITIAND ELI(RNIMIN NUS•ONIONURIOO 116034.030) 3COC WiCANILAND OIX XV16.111 IMO messumag g14110111) 100(VACANT MOD Irin,SAN MN ISHeiewitim (1,54134/41 33ø( AIITLAIlb ELK AN* san Amissuovim 034334210) mocvAcAtir IAND MX AND,IM IWO fAlloomom FA4024110 AlOtlfAcAtff IM40 ELK RIVE*,ON 55130 Miismumm) 03415.11101 XXX WOW 1AND mANAMAIN Aye 0111RIPU33M) 03143241111 OPIONOF* CITY OF AMMER AM* TH1 VOSTFOR PUINJC LAND •:;Oor,tegik: leilio•;.9, Oigeditho •".. - . Aloe !Mittel Depot%Coat Deb isswitera DIM Tim ea 734:$42oo MIABIIMMateldbaliSTOOS on 7&413-0411 AMU 7111 Mum 0330'scr•ffsia 13103,0MCOPierikoMM100 Lwd Aft gate WOW DE Mar*KAM (41111miticidsibein b Loa Mt KM • $11300 OwermistIlegcolog wain*Moon Rosily bra Med3410 IWO Isibiliii*Died11.116 VIM ikeivole Foi aserini Sunlamp*um lie 12230USA Taub $200 MKS Ruth 3030 • galena Da TO&cow FNIX Slims DM FROM 14111: 14.14101 APPROVED AND ACCEPTED 111411141) • trry°FOLK MYER 70E1M0113111MMIMM • thalb,E Bil I el t '4. • • • M.B.B.A.Real Properly Form No.14(1sB11,Rev.2005) DISCLOSURE.OF SEWAGE 7REATMENrp.sTFM PAGE 1 ore DISCI-MORE OF SEWAGE TREATMENT SYSTEM. 0cowytAt1an genie,byesirwregetwRtMaodwen.teenete a•.s WARNING TO PREPAR9k Make rno changes to.that form unless such changes are visile. • jConn'ieta We next Perennial:Vihis form is+rand as an-edd*ndum it a PWmcha$e Agreement/ This addend* is aeenuatton of. - -urohass ream nt�• , • by and betwe • .- G .. J as Sellers, and • a t . . • as Myers, for property described below in Section A. The Disclosure Law.Pcaatentto Mhmesota Statutes Ssctiofl h iSS,Subdivision b,befbresigrdng an egreen►ent. to sell or to transfbr-realproper%the seller or transferor must disclose in writing to the buyer or.traostats Iatbenadononbew;sewagegencratedattimpnpertyfemnarge&UnicashebuyerPosisefereeend seller/transferor agree to the contrary in writing belles the closing ofthe sale,amlier/transkror who fails to disclose the etdsmaoe or known status ofa subsurha c sewage treatment system attire time ass*and who knew or had season to bow-: of the existence or known states.of the system Is liable to the buyaftraoefree For costs relating.to bringiing:the system into compliance with the subsurface sewage nutmeat system rules and for reasontble attorney has ibr collectIonofcoms froia theseileiftrensferor..Anactionunderthissubdvisionraniatbeanmmaroadwidrintwoyears after the date on which the buyeritr rtsferee dosed the purchase Moulder of the reel property where the system is located. IF YOU DO NOT UNINEWTAND.THIS LAW.CONSULT YOUR LAWYER. A. PROPERTY DESCRIPTION. • Property'Identifhwtion!Number(/lax Parcel No.): • • Queer: Section: Township: Range: County: Legal Description:Lot�,.Block,_,(plat name) pt metes-and-bounds rdescription.attach legal description on separate sheet.) Street Address: • • B. STATUTORY DISCLOSURE OF SEWAGE SYSTEM. • • ISederlTranatencr must coMplete this aectlon.j • M.R.CA.PERMfITEQ FACILITY: (check o nyone from.t,2•and 3J Q'1. Seiledlransferor slates filet sewage generated at the property goes to e facility permitted by the Minnesota Pollution Control Agency(for example,the • sewer lines on the property are connected.to a municipal sewer system or public sewage trestmsnt system).• : Cagi 2. Sersrlrlansfercr states that sewage generated et the properly does not go to • . a facligr permitted by the Minnesota Pollution Control Agency,and le therefore subject to applicable requirements. • • Q 3. SelleNTrarmferor states that no sewage Is generated at the properly. • s1K41SF SUBSURFACE ON-SITE SEWAGE TREATMENT SYSTEMt (Clredk lister+/or 5:,/ •• -Q 4 Sellerfrrensferor has no knowledge whether there S a subsurface sewage •• treatment system In use on the property. _Mk.5. Soler/Transferor knows that there(strike one: are no subsurface • sewage treatment systems tun on*. - -SellerIT'ransferor • discloses the existence of a subsurface sewage treatment system on the • property,then heMesote law requires that the location of the system be • disclosed to Buyer/Transferee with s.map./Complete the map below In • lei Secton.r_j • • • • • is • MAIM.Reit Preperllr Poem No.14(1691,Nov.axon . - . . SURE OF • 0 SEWAGE TREA7MEN1'SYSTEM. - A�2ef6 ABANDONED ONED SUBSURFACE ON.SITE'SEWAGE TREATMENT.SYSTEM:iCheckeNher 6 Of 7:) • . CI Seiler/Traneferor has no knowledge Whether there is an abandoned .subsurface sewage treatment system on the • J$ knows 1.7. Selier/Tramisror that there(a dki.note . .., subsurface sewage treatment systems on the:. •._: •:lac/Transferor . . disdoses the existents of en abandoned subsurface flowage haohnoM . system on the properly,then Minnesota law requires that the location of the. . system be disclosed to BuyedTransfereemith a map.(Complete the map . below In Seoton.C.J .: • : .: - C.'. SUBSURFACE SewA©E TREATMENT SYSTEMS(IN-USE ORABANOONED)ON THE • PROPERTY. Describe all Iroise aad.abandoned systems on the property. • • 1. For each sewage.tr eatrlent system in aloe,state the bAni of 8yeteRh: =Septic.Tank with:j,standehd dralnfleid =moon=system drainfleld • =1.Sealed System(holding tank or contabad camped) . f=0ih.sr(deealbe )mSeepege lank©pesepooi= dry well=Poaching pit 2 SKETCH MAP Sketch the location of.the house,garage;accessory bdidirhgs,well,septic . • .tank,drainled,mound,or other components•of the sewer system. Also show the location . of the components of any abandoned sewage treatment systems(tanks,pipes.dratntlalds, • pits,etc.) Include estimated distances from all roads,streets and buildings. Use'additional sheets of paper,If necessary. , ...-- gz.'T.--- .. 8 SELLER/TRANSFEROR DISCLOSURE:Pursuentto MMnesote Maul. es Section 115.55, Subdivision 6,the 3eller/iransferor shall disclose to the Buyerlirinsferee what the Seiler/Transferor has Imowledge of relative to the Compliance status of the subsurface treatment system,and whether,to the best-of the Seller's/Transferor's knowledge,a straight-pips system eodsts..A Seller/Transferor who hes in that possession a previous inspection report completed by a licensed inspection business or certified local governnwrt inspector in accordance with Section 115.55,.Subdivision 5 or 5e,shall attach a copy'lathe dildosure statement that is provided te.the Buyer/Ttarheferee. . STATEMENT SY SELLERRRANSFEROR: lb my knowledge,the property Mae oneJ� . fan compliance with all applicable sewage ,. , _nt laws and rules. To the but of or t • knowledge,a straight-pipe s e..;,, f! ma), damns exist. A previous Inspection repot( oneJ s/ eili''�"' and if. - ,i sts,it Ii attached te this Disclosure. •• n: bit none of fa Ilds teals, SAY c.irrslum Ina Woos dlti[NK 1 Vadp„bggf a fblRbMn tleNrd or slum me*es hI liuid bYMr4!WR W by Nurof!mirror oft iii.MO 01.1.If FiettHOrN /2—/4.1? Signs ra of SoieriTtonshror • • ' Ptd Nara of sellogrtahsferar ., pate - Sloneker,of adierlflinehwr . PWM Name of Nr/itenHsnor Date • 4 ACKNOWLEDOENT AND RECEIPT BY BUYERITRANSFEREE: I have received this disclosure on(datej �' l Co/Y t i ; ateree _ Sete OBUepteeae ._. Minriesot Pollution Control Agency ;,t , , �...�. 7 ,t't. " 520Lafayeuefoad North f St.PauI,Minnesota:55155.4194:1,651.2964300 st1H-6::43e4,4 1 551-c6:-53,'.-1 Trt :,scv prb..trtrrre,cii i Etivat Cppeortuntr,E ,pioler • . December 9,2014 . Mr.Robert McGillivray Mr .Michael Hecker The Trust for Public Land City of Elk River 2610 University Avenue,#30013065 Orono Parkway 'St.Paul,MN 55114 Elk River,MN.55330 Re: Petroleum Storage Tank Release Liability . - Site: Houlton Property,1801 Main Street,Elk River,Sherburne.County,55330 . •. • ' . Site ID#: LEAK 19658(PB 4689) . PIN: 75-133-4200 . . .. . . . . . . Dear.Mr.McGillivray and Mr.Hecker: Under Minn.Stat.§115C.021,subd.'1,(2014),a person Is a responsible:person fora'release froma tank if that person owned or operated the tank any time during or after the release.If a person comes.into possession of property wherethere has been a release after the tanks have been removed that person • is not a responsible person under the statutory definition and the Minnesota Pollution:Control Agency (MPCA)does not order that person:to take corrective action under Minn:Stat.Ch::§.115C(2014). . Liability is further limited for!enders: .Minn.Stat.§115C.021,subd.4{2014)provides that a mortgagee.. isnot responsible for a release from a tank solely because the mortgagee becomes an owner of real property where the tank is located through foreclose or receipt of a deed in lieu of foredosure. . If future development of the site or the surrounding area is planned,it should be assumed that petroleum contamination maybe present. State law requires that persons properly manage contaminated soil and water they uncover or disturb-even if they are not the party.responsible for the contamination.for some properties,special construction may also.be needed to prevent the further spreading of the contamination and/or to prevent petroleum vaporsfrom entering buildings or utility:corridors.. The MPCA Petroleum Brownfields Program can assist with reviews and approvals Of.Development Response Action Plans required to address environmental riskfrom petroleum contamination: If contamination is encountered during development work,contact.the MPCA immediately. • ' . . This letter represents the views of the MPCA and is based upon information disclosed to the MPCA as of the date hereof.Depending onyour circumstances,it mayor maynot be construed as.releasirel any pe ng that the:determin i n m de'in this person from liability under state or federal laws.Please be advised at o a tY letter is subject to the disclaimers found in Attachment A.If you have questions concerning your particular situation,the MPCA recommends that you discuss your concerns with your legal counsel.If you have any questions pertaining to this letterplease call meat 651-757-2778 or at pamela.foster@state:mn.us.You can also reach the MPCA.at 800-657-3864. . SiA rel ' s ^ / ..� _ Iamela.Foster . e Pro ect Manager - j g Petroleum Remediation and Redevelopment Section Remediation Division PMF:Is • Enclosure 1' cc: Jason Kunze,8raun'lntertec,Corp..(jkuttzef)braunintertec.com) '• . • • ATTACHMENT A DISCLAIMERS MPC Site ID: LEAK 19658(PB 4689) PIN:75-133-4200 1. Reservation of Authorities The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any release or other conditions atthe Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or create an Imminent and substantial danger to public health and welfare or the environment. 2. No MPCA Assumption.of Liability The MPCA,its Commissioner and staff do not assume any liability for any release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release or other conditions at the Site,whether the actions taken or omitted are In accordance with this letter or otherwise. • 3. Letter Based on Current Information All statements,conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued.The MPCA Commissioner and staff reserve the authority to modify or rescind any such statement,conclusion or representation and to take any appropriate action under this authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer Regarding Use or Development of the Property The MPCA,its Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. • • • • • • • _ • ;: Minnesota Pollution Control Agency 520 Lafayette.Road North I St,Paul,Minnesota 55155-4194-1 651.2964300 . 800657-3864 1651.282.5332 r7Y I www.pca.state.rnn.us I Equal Opportunity Employer • December 9,2014 • • • • Mr.Robert McGillivray Mr.Michael Hecker The Trust for Public Land City of Elk River 2610 University Avenue;#300 13065 Orono Parkway St.Paul,MN 55114 . Elk River,MN 55330 RE: Petroleum Tank ReleaseSite File Closure • • Site:Houlton Property;1801 Main Street,Elk River,Sherburne County,55330 Site iD#: LEAK 19658(PB 4689) PIN:75-133-4200 Dear Mr.McGillivray and Mr.Hecker. The Minnesota Pollution Control Agency(MPCA)is pleased to let you know it has determined your. • investigation and/or cleanup-have adequately•addressed the petroleum tank release at the site(Site) listed above.Based on the information provided,the•MPCA has closed the petroleum tank release site file. - • The closure of the petroleum tank release site file means the MPCA does not require any additional Investigation and/or cleanup work at this time or in the foreseeable future.Please be awarethatfile closure does not necessarily mean that all petroleum contamination has been removed from this Site. However,the MPCA has concluded that any remaining contamination,if present,does not appear to pose a threat to public health or the environment under current conditions. The.MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work:if new information,changing regulatory requirements,Or changed land use makes additional work necessary.if you or other parties discover additional contamination(either petroleum or non- petroleum)that was not previously reported,Minnesota state law requires that the MPGA be notified immediately. You should understand this letter does not release any party from liability for the petroleum contamination under Minn.Stat.§115C.021,subd.1(2014)or any other applicable state or federal law. In addition,this letter does not release any party from liability for non-petroleum contamination,if present,under Minn.Stat.§1158(2014),the Minnesota Superfund Law. • Please note that as a resultof performing the requested work you may be eligible to apply to.the Petroleum Tank Release Compensation Fund(Petrofund):for partial reimbursement of the costs you have Incurred in investigating and cleaning up this petroleum tank release.The Petrofund is administered by the Petroleum Tank Release Compensation Board(Petro Board)and the Minnesota Department of Commerce.To learn more about:who is eligible,the types of work,and the amount of reimbursement available,please contact the Petrofund at 651-5394515 or 1-800-638-0418. • s O ALTA Owner's Policy(8.47-06) 'STEWART TITLE GUARANTY COMPANY LT File No..511859 • : Policy No. O-9301003364251 ' EXHIBIT A Government Lots 3,4 and 6,Section 4,Township 32;Range 26;Sherburne County;Minnesota;together With Island D and island E,as shown on a Certificate of Survey,prepared by nRick M.Blom,PLS,John Oliver&Associates,'Inc., dated 8/5/05 and last revised 1/15/07. • . . . AND That part of Government Lot 2,Section 4,Township 32,Range:26,Sherburne.COU nty,Minnesota,lying westerly and southerly of the thread of the Elk River; - . AND Government.Lot 5,Section 4,Township 32,Range 26,Sherburne County,:Minnesota,EXCEPT that part thereof • lying within the following described property: Beginning at the Northwest corner of said Government Lot 5; • thence North,assumed bearing,along the West line of Government Loti;Section 33,Township 33,Range 26, Sherburne County,Minnesota,a distance of 130.50 feet;thence East Aright angles a distance of 556.50 thence South 47 degrees 29 minutes East a distance of 247.53 feet;thence South.33 degrees 24 minutes 34 seconds West a distance of 491 feet,more or less,.to Intersect the southwesterly line of said Government Lot 5;thence Northwesterly along said Southwesterly line of Government Lot 5 to intersect:the West line of said Government Lot 5;thence North along said West line of Government Lot 5 a distance of 113 feet,more or less,to the point of beginning. Lots 1,2,3 and 4,Block.6.of the recorded plat of Orono,Sherburne County,Minnesota. . • Lot 5 and the easterly half of Lot 4,Block 7,as measured alongthe northerly and southerly lines of said Lot 4,of the recorded plat of Orono,Sherburne County,Minnesota. That part of the West Half of the Southeast Quarter of Section 33,Township 33,Range 26,Sherburne County, Minnesota lying southerly.of the thread of the Elk River. .. AND That part of the East Half of the Southwest Quarter of Section 33,Township 33,Range 26,Sherburne County, • Minnesota,described as follows: Beginning at the Southwest corner of said East Half of the Southwest Quarter; thence north along the West line of said East Half of the:Southwest Quarter to intersect the southerly line of . Second Street,according to the recorded plat of Oreno;thence easterly along the southerly line of.Second Street to the easterly line of Pine Street(now known as WatsonAvenue);thence northerly along the easterly line of said • Pine Street toe point 80 feet southerly of the southwesterly corner of Lot 1,Block 7,said plat of Orono,as measured along the easterly tine of Pine Street;thence easterly on a line parallel with the southerly line of said Block 7,a distance of 99 feet;thence northerly parallel with the westerly line of said Lot 1 to the southerly line of said Blodc 7;thence easterly along the southerly line of said Block 7 to the southwesterly corner of Lot 3;said Block • 7,thence southerly at right angles 66 feet;thence easterly parallel with the'southerly line of said Block 7 a distance of 98.91 feet to the southerly extension of the easterly line of the westerly half of total,said Block 7,as measured along the northerly and southerly lines Of said Lot 4;thence northerly along said southerly extension to the southerly line of said Lot 4;thence easterly.along the southerlyline of said.Block 7 to:the southeasterly corner said Block 7,thence easterly to the southwesterly corner of Block 6,said plat of Orono;thence easterly along the . southerly line of said Block 6 and its easterly extension to the thread of the Elk River;thence easterly along the thread of the Elk River to the East fine of said East Half of the Southwest Quarter;thence south along said East line of the East Half of the Southwest Quarter to the Southeast corner of said East Half of the Southwest Quarter; thence west along the South line of said East Half of the Southeast Quarter to the point of beginning. • ' • . mom Copyright 2006-2009 American Lend Title Association. AN rights reserved. MA LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members: msocuTiiiToi (: ' '✓ in good.standing as of.the date of use. All other uses we prohilted. Reprinted under license from the American Land Title Association. Page 4 of 5' • • • • • • ALTA Omer s Poky(6-17-06) • • STEWART TITLE GUARANTY COMPANY AND That part of Government Lot 1,Section.33,Township 33,Range 26,Sherburne County,Minnesota,described as • follows: Beginning at the Southwest corner:of said Government Lot 1,thence north along the West line of said • Government Lot 1,a distance of 130.50 feet;thence east deflecting 90.degrees to the right,a distance of 556.50; thence northerly deflecting 90 degrees 32 minutes 03 seconds on a line run to the northeasterly corner of Block 13 • • of the Plat of Orono,a distance of 253.01 feet to Its point of Intersection with the center line of Third Street(now vacated)in said plat of Orono;thence easterly along the center line of said Third Street to the southerly extension • of the easterly line of Block 14 in said plat of Orono;thence northerly to the southeasterly corner of said Block 14; thence easterly along the extension of the:southerly line of said Block 14 to the easterly line of Walnut Street in said plat of Orono now known as Xenia Street);thence northerly along the easterly line of said Walnut Street to . the southerly line of Second Street fn said plat of Orono;thence easterly along the southerly line of Second Street to the East line of said Government Lot 1;thence south along the fast line of said Government Lot:1 to the . : Southeast comer of said Government Lot 1;thence west along the South line of said Government Lot 1 to the point of beginning. EXCEPT thatpart of said Government Lot 1 described as follows: Beginning at the Southwest• corner of said Government Lot 1;thence.North,assumed bearing;along the West line of said Government Lot la' distance of 130.50 feet thence East at right angles 556.50 feet;thence South 47 degrees 29 minutes East to the • South line of said Government Lot 1;thence west along the South line of said:Government Lot 1 to-the point of. . beginning. AND That part of Island.F,as shown'on a Certificate of Survey prepared by Rick M.Blom,PLS,John Oliver&Associates, . Inc.,dated:8/5/05,a,d_last revised_I/15/07,-4150 known as Race Island,as shown on the plat of Orono,lying northerly of the easterly extension of the southerly line of Block 6 of the recorded plat of Orono. That part of Government Lot 2,Section 33;Township 33,Range 26,Sherbume County,Minnesota,lying westerly • of the thread of the Elk RIver also known as that part of Lot 2,Auditors Subdivision No.3,Sherburne County, . Minnesota,lyingwesterly of the thread-of the'Elk River. • • Government Lot 1,Section 5,Township 32,Range 26,Sherburne County,Minnesota.. AND That part of Government Lots 2 and 3,Section 5,Township 32,Range 26,Sherhume County,Minnesota,lying easterly of the recorded plat of Mississippi Oaks Second Addition and lying easterly of the recorded plat of MississippfOaks Third Addition. . AND • Islands A,B and C,as shown on a Certificate of Suveyprepared by Rick M.Blom,PLS,John Oliver&Associates, Inc.,dated 8/5/05 and last revised 1/15/07. That part of Government Lot 1,Section 32,Township 33,Range 26,Sherburne County,Minnesota lying easterly • and southerly of the thread of the Mississippi River backwater,said thread being the Common line with Mississippi Oaks Third Addition,and lying westerly of the southerly extension of the West line of the recerded plot of Orono • Hills Addition. • • AND • That part of Government Lot 1 and Government Lot.2,Section 32,Township 33,Range 26,Sherburne County, Minnesota,lying southerly of the recorded plat of Orono Hills Addition,lying easterly Of the southerly extension of the West line of said Orono Hills Addition and lying southerly of the southwesterly extension of the southeasterly line of Lot 5,Block 2,said Orono Hills Acklition. • - • . • •Copyright 2004.1009 American Land Title Association. All rights resorted. • AMERICAN UNO TITLE The use.of this Fonn is restrioted.to ALTA ftceneess and ALTA membersAlia tAT,W9 ti. In good'standing as of the date of toe. At other uses arts proNbited:: Reprited under license from the American Land Title Aesodaton i. Page 5 of 5 • p V a P f•L. • JJ r ' • • a � r • }