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8.3. SR 04-18-2016 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by General Business April 18,2016 Michael Hecker, Parks and Recreation Director Item Description Reviewed by William H. Houlton Conservation Area (WHHCA) Cal Portner, City Administrator Hunting Plan Ordinance Reviewed by Action Requested 1. Adopt,by motion, an ordinance to add new section 50-119 establishing hunting regulations within the William H. Houlton Conservation Area. 2. Approve,by motion, the hours for the William H. Houlton Conservation Area to be open from two hours before sunrise to 10:00 p.m. daily when the WHHCA is officially open to the public. Background/Discussion One of the main efforts of the Houlton Planning Committee was to develop a hunting plan for the Houlton Farm Property that meets the requirements of the funding acquisition,while being sensitive to community concerns for safety. City Council reviewed the WHHCA hunting plan on June 1, 2015. The plan was then sent to the DNR for their approval. It was held up for nearly eight months by a new DNR application process for hunting plans of wildlife management areas. The plan was finally approved by the DNR Commissioner on March 3, 2016. The hunting regulations the City Council reviewed in June basically stayed the same. City Attorney Peter Beck incorporated the WHHCA hunting regulations into the City Code. He added a new section to the code establishing hunting regulations within a new WHHCA section making it simple for citizens to find within the code. The ordinance includes the hours the WHHCA is open to the public. At this time the Houlton Planning Committee is recommending that the hours for WHHCA are open two hours prior to sunrise and close at 10:00 p.m. daily. The exact hours are not defined in the ordinance so they may be changed at a later date through City Council action. Financial Impact The WHHCA hunting ordinance fulfills the requirements of the funding acquisition. Attachments ■ DNR Approved Hunting Plan ■ Proposed Ordinance establishing hunting regulations for William H. Houlton Conservation Area POWERED 6T AR MAR o 9 2016 It MNDNR Minnesota Department of Natural Resources Commissioner Approval of Deviation from the Open Public Taking Of Fish and Game Requirement on Lands Acquired by Non-State Entities With Outdoor Heritage funds All non-state entities 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. §97A.056,subd, 12 and 19(2014). The open hunting and fishing requirement can be modified as prescribed by the Commissioner of Natural Resources. Minn. Stat.§97A.056,subd. 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 by email to the DNR Fish and Wildlife Division Director. Determinations regarding whether to grant approval of a deviation from the statutory hunting and fishing access requirements will be made by the Commissioner based on the recommendation of the Director of the DNR Fish and Wildlife Division. You will be notified of the decision by the Director or his/her delegate. 1f you have 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. LAN DOWN ER/APPROPRIATION RECIPIENT Name: City of Elk River thru The Trust for Public Lands 13065 Orono Parkway Elk River,MN 55330 Property Description, The subject property consists of 335.8 acres of agricultural and recreational land to include Parcel ID number's 75-005-1100, 75-004-1000, 75-402-0032, 75-1324410, 75-133-4200, 75-413-0730, and 75-413-0610(see Exhibit A attached for full legal description) County: Sherburne OHF Non-Open Hunting Plan Approval: I Is the property open for fishing during open seasons? Yes,with no restrictions Is the property open to trapping during open seasons? No: Due to the proximity of the property in relation to residential properties within the City of Elk River,trapping will not be permitted in order to protect domestic animals from potential entrapment. Trapping will be permitted only for nuisance animals by permit 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 and deer,except during special hunts. Special hunts may include shotgun hunts for turkey and deer as part of a youth mentored and/or handicap hunt as designated by the City of Elk River. Special hunts will be conducted in accordance with all applicable MN DNR Hunting Regulations. Migratory waterfowl shotgun hunting will be permitted along the Mississippi River in the highlighted area on the attached map. Designated waterfowl hunt areas will be clearly marked at the parking lot access point as well as signage delineating the shotgun zone boundary along the Mississippi River Items to be Attached: A copy of the Public Law appropriating OHF funding for this acquisition _Plat book map showing parcel and contiguous ownerships _Copy of Deed for the property showing deed restrictions required as condition of obtaining OHF funding _Sketch of property or, if available,survey Aerial photograph Hunting/fishing management plan of the Accomplishment Plan(if applicable) Any further description of the proposed hunting and/or fishing restrictions and the justification for said restrictions OHF Non-Open Hunting Plan Approval: 2 C4 4 Elk Dated: Name of Property Owner as it Appears on the Deed(please print) Signature of P perry Owner 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 Rationale for decision: � t�(�L Cd YY`e 5 spy ,; ,is, 1,IC Y Z Y?� S l Dated: ° Director Division of Fish and Wildlife Minnesota Department of Natural Resources DNR COMMISSIONER The hunting/fishing modification is: 3ar3�1� 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: Com0nissioner Minnesota Department of Natural Resources OHF Non-Open Hunting Plan Approval: 3 �r l� r� m•i �i'?•. � f a t r r - J 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 $5,000,000 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 III $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 Mississippi; $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 D T I T L E service beyond the expected February 20,2015 Carole J.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.:S118S9 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 golson@landtitleinc.com Phone (651)697-6143 Fax (651)638-1994 Land Title,Inc.(Main Office)-2200 County Road C West,Suite 2205•Roseville,MN 55113 website landtitleinc.com•phone 651.638.1900-fax 651.638.1994 If you want infomiahon about coverage or need assistance to resolve compla;nts,please call our toll free number 1-80072&1602. If you make a Claim under your policy.you must furnish wrl notice in accordance vnth Section 3 of the Conditions. Visit our world VNde web site at h :iAv w.stewaM ALTA Owner's Policy(6-17.06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY ��5n3otlewcift* title guaranty company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE.THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8,AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY,a Texas corporation(the"Company")insures as of Date of Policy and, to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of insurance sustained or incurred by the Insured by reason of. 1. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (1)forgery,fraud.undue influence,duress,incompetency, incapacity,or impersonation; (ii)failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv)failure to perform those acts necessary to create a document by electronic means authorized by law, (v)a document executed under a falsified,expired or otherwise invalid power of attorney, (vi)a document not property filed, recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii)a defective judicial or administrative proceeding (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment,encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land 5. The violation or enforcement of any law,ordinance,permitor governmental regulation(including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land, (c) the subdivision of land,or (d) environmental protection if a notice,describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice 6 An enforcement action based on the exercise of a governmental police 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 Records, but only to the extent of the enforcement referred to In that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8 Any taking by a governmental body that has occurred and is bind`ingg on the rights of a purchaser for value without Knowledge . stay tl L� !� --arae"mnrYarfrva�� i Cheitrnan at the Board: PreaderM J '. 1908 0 l! �,. • � W JJJ "a.,,rf X A9,A v Aut rt t;.ounters" nature Land Title. Inc. V Company Roseville,Minnesota City,State Pan 10 f 0.9301-003364251 Pelicy Serial No ALTA Owner's Policy (6117106) COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (i)to impart notice of its existence to a purchaser for value or to providing an alternative remedy,of a transfer of all or any part of the a judgment or lien creditor title to or any interest in the Land occurring prior to the transaction 1€1. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in 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,slate insolvency,or similar creditors'rights laws;or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Schedule Public Records that vests Title as shown in Schedule A. A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs,attorneys'fees,and expenses incurred insolvency,or similar creditors'rights laws by reason of the failure of in defense of any matter insured against by this Policy,but only to the extent its recording in the Public Records provided in the Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company, not recorded in the Public Records at and the Company will not pay loss or damage costs, attorneys' fees, or Date of Policy,but Known to the Insured Claimant and not disclosed expenses that arise by reason of. in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regu)ation (including the Insured Claimant became an Insured under this policy, those relating to building and zoning)restricting regulating,prohibit- (c) resulting in no loss or damage to the Insured Claimant; ing.or relating to (d) attaching or created subsequent to Date of Policy(however,this does (i) the occupancy,use.or enjoyment of the Land, not modify or limit the coverage provided under Covered Risk 9 and (ii) the character, dimensions, or location of any improvement 10);or erected on the Land; (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land;or Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency, or the effect of any violation of these laws,ordinances.or governmental regu- or similar creditors' rights laws, that the transaction vesting the Title as lations. This Exclusion 1(a) does not modify or limit the coverage provided shown in Schedule A,is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power.This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 or limit the coverage provided under Covered Risk S. of this policy. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or B. governmental authority and created or attaching between Date of Policy 3 Defects,liens,encumbrances,adverse claims,or other matters and the date of recording of the deed or other instrument of transfer in the (a) created,suffered,assumed.or agreed to by the Insured Claimant; Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes- (a) "Amount of Insurance':The amount stated in Schedule A,as may be (ii) Wan regard to(A),(B),(C),and(D)reserving,however,all rights increased or decreased by endorsement to this policy,increased by and defenses as to any successor that the Company would Season 8(b). or decreased oy Sections 10 and 11 of these have had against any predecessor Insured. Conditions. (e) "insured Claimant":An Insured claiming loss or damage. (b) "Date of Policy':The date designated as"Date of Policy'in Schedule A- {f) "Knowledge"or"Known":Actual knowledge,not constructive know- (c) "Entity':A corporation,partnership,trust,limited liability company,or ledge or notice that may be imputed to an Insured by reason of the other similar legal entity. Public Records or any other records that impart constructive notice (d) "Insured":The Insured named in Schedule A. of matters affecting the Title. (i) The term"Insured"also includes (g) "Land".The land described in Schedule A.and affixed improvements that by law constitute real property. The term "Land' does not (A) successors to the Title of the Insured by operation of law include any property beyond the lines of the area described in as distinguished from purchase,including heirs,devisees. Schedule A,nor,any right,title,interest.estate,or easement in abutting survivors,personal representatives,or next of kin; streets,roads,avenues,alleys,lanes,ways,or waterways,but this (B) successors to an Insured by dissolution, merger, con- does not modify or limit the extent that a right of access to and from solidation,distribution,or reorganizatlw the Land is insured by this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security kind of Enbly; instrument,including one evidenced by electronic means authorized (D) a grantee of an Insured under a deed delivered without by law. payment of actual valuable consideration conveying the (i) "Public Records":Records estabfished under state statutes at Date Title of Policy for the purpose of imparting constructive notice of matters (1) if the stock shares, memberships, or other equity relating to real property to purchasers for value and without Know- interests of the grantee are whoity-awned by the ledge. With respect to Covered Risk 5(d), "Public Records" shall named Insured, also include environmental protection liens filed in the records of the clerk of the United States District Court for the distract where the (2) if the grantee wholly owns the named Insured, Land is located. (3) if the grantee is wholly-owned by an affiliated Entity {j) "Title":The estate or interest described in Schedule A. of the named Insured, provided the affiliated Entity and the named insured are both w tiolty-owned by the (k) "Unmarketable Title":Title affected by an alleged or apparent matter same person or Entity,or that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, (4) if the grantee is a trustee or beneficiary of a trust lease. or lend of there is a contractual condition requiring the delivery created by a written instrument established by the of marketable title. Page 2 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE securing evidence, obtaining witnesses, prosecuting or defending The coverage of this policy shall continue in force as of Gate of Policy in the action or proceeding,or effecting settlement,and(ii)in any other favor of an Insured,but only so long as the Insured retains an estate or lawful act that in the opinion of the Company may be necessary or interest in the Land,or holds an obligation secured by a purchase money desirable to establish the Title or any other matter as insured.If the Mortgage given by a purchaser from the Insured,or only so long as the Company is prejudiced by the failure of the Insured to furnish the Insured shall have liability by reason of warranties in any transfer or con- required cooperation,the Company s obligations to the Insured under veyance of the Title.This policy shall not continue in force in favor of any the policy shall terminate,including any liability or obligation to defend, purchaser from the Insured of either(i)an estate or interest in the Land, prosecute, or continue any litigation, with regard to the matter or or(ii)an obligation secured by a purchase money Mortgage given to the matters requiring such cooperation Insured (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the 3 NOTICE OF CLAIM TO BE GiVEN BY INSURED CLAIMANT Company and to produce for examination,inspection,and copying, The Insured shall notify the Company promptly in writing(i) in case of at such reasonable times and places as may be designated by the any litigation as set forth in Section 5(a) of these Conditions, (ii) in authorized representative of the Company,all records,in whatever case Knowledge shall come to an Insured hereunder of any claim of medium maintained,including books,ledgers,checks,memoranda, title or interest that is adverse to the Title,as insured,and that might correspondence,reports,e-marks,disks.tapes,and videos wl ekher cause loss or damage for which the Company may be liable by bearing a date before or after Date of Policy, that reasonably virtue of this policy, or (iii) if the Title, as insured, is aejected as pertain to the loss or damage. Further, if requested by any Unmarketable Trkfe. If the Company is prejudiced by the failure of the authorized representative of the Company, the Insured Claimant Insured Claimant to provide prompt notice, the Company's liability to shall 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,and copy all of of the prejudice. these records in the custody or control of a third party that 4. PROOF OF LOSS reasonably pertain to the loss or damage.All information designated as confidential by the. Insured Claimant provided to the Company In the event the Company is unable to determine the amount of loss or pursuant to this Section shall not be disclosed to others unless, in damage,the Company may,at Its option,require 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 claim.Failure of the Insured Claimant to submit must describe the defect, lien, encumbrance, or other matter insured for examination under oath, produce any reasonabfy requested against by this policy that constitutes the basis of loss or damage and information, or grant permission to secure reasonably necessary shall state,to the extent possible,the basis of calculating the amount of information from third parties as required in this subsection, unless the loss or damage, prohibited by law or governmental regulation shall terminate any 5. DEFENSE AND PROSECUTION OF ACTIONS liability of the Company under this policy as to that claim (a) Upon written request by the Insured, and subject to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; contained in Section 7 of these Conditions,the Company,at its own TERMINATION OF LIABILITY cost and without unreasonable delay,shall provide for the defense of In case of a claim under this policy,the Company shall have the foliowing an Insured in litigation in which any third party asserts a claim covered additional options: by this policy adverse to the Insured.This obligation is limited to only (a) To Pay or Tender Payment of the Amount of Insurance. To pay or those stated causes of action alleging matters insured against by tender payment of the Amount of insurance under this policy together this policy.The Company shall have the right to select counsel of its with any costs,attomeys'fees,and expenses incurred by the Insured choice(subject to the right of the Insured to object for reasonable Claimant that were authorized by the Company up to the time of pay- cause)to represent the insured as to those stated causes of action, ment or tender of payment and that the Company is obligated to pay. It shall not be liable for and wiil 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 expenses incurred by obligations of the Company to the Insured under this policy, other the insured in the defense of those causes of action that allege than to make the payment required in this subsection,shall terminate, matters not insured against by this policy. Including any liability or obligation to defend,prosecute,or continue (b) The Company shall have the right,in addition to the options contained any litigation. in Section 7 of these Conditions, at its own cost, to institute and (b) To Pay or Olhemse Settle With Parties Other Than the Insured or prosecute any action or proceeding or to do any other act that in its With the Insured Claimant, opinion may be necessary or desirable to establish the Title,as insured, (i) To pay or otherwise settle with other parties for or in the nam of or to prevent or reduce loss or damage to the Insured The Company an Insured Claimant any claim insured against under this policy. may take any appropriate action under the terms of this policy,whether In addition,the Company will pay ary costs,attomeys'fees,and or not it shall be liable to the insured. The exercise of these rights expenses incurred by the Insured Claimant that were author- shall not be an admission of liability or waiver of any provision of this ized by the Company up to the time of payment and that the policy It the Company exercises its rights under this subsection, it Company is obligated to pay,or must do so diligently. (ii) To pay or otherwise settle with the Insured Claimant the loss or (c) Whenever the Company brings an action or asserts a defense as damage provided for under this policy,together with any costs, required or permitted by this policy,the Company may pursue the attomeys'fees,and expenses incurred by the Insured Claimant litigation to a final determination by a court of competent jurisdiction, that were authorized by the Company up to the time of payment and R expressly reserves the right, in its sole discretion,to appeat and that the Company is obligated to pay. any adverse judgment or order. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured under this policy for the claimed loss or damage,other than (a) in all cases where this 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 liability or obligation to defend,prosecute,or continue any litigation and any appeals,the Insured 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 the right to use,at its option,the name of the Insured for this This policy is a contract of indemnity against actual monetary loss or purpose.Whenever requested by the Company,the Insured,at the damage sustained or incurred by the Insured Claimant who has suffered Company's expense,shall give the Company all reasonable aid(I)in loss or damage by reason of matters insured against by this policy. Page 3 (a) The extent of liability of the Company for loss or damage under this 14. ARBITRATION policy shall not exceed the lesser of Either the Company or the Insured may demand that the claim or (i) the Amount of Insurance;or controversy shall be submitted to arbitration pursuant to the Title (ii) the difference between the value of the Title as insured and the Insurance Arbitration Rules of the American Land Title Association value of the Title subject to the risk insured against by this policy. ("Rules') Except as provided in the Rules, there shall be no joinder or (b) If the Company pursues its rights under Section 5 of these Conditions consolidation with claims or controversies of other persons. Arbitrable and is unsuccessful in establishing the Title,as insured, matters may include, but are not limited to, any controversy or claim (i) the Amount of Insurance shall be increased by 10%,and between the Company and the Insured arising out of or relating to this (ii) the Insured Claimant shall have the right to have the loss or policy, any service in connection with its issuance or the breach of a damage determined either as of the date the claim was made by policy provision, or to any other controversy or claim arising out of the the Insured Claimant or as of the date it is settled and paid. transaction giving rise to this policy.All arbitrable matters when the Amount (c) In addition to the extent of liability under(a)and(b).the Company will of Insurance is $2.000,000 or less sha€t be arbitrated at the option of also pay those costs. attorneys' fees. and expenses incurred in either the Company or the Insured.Ail arbitrable matters when the Amount accordance with Sections 5 and 7 of these Conditions. of insurance is in excess of$2,000,1)00 shall be arbitrated only when agreed to by both the Company and the Insured.Arbitration pursuant to 9. LIMITATION OF LIABILITY this policy and under the Rules shall be binding upon the parties.Judgment (a) If the Company establishes the Title.or removes the alleged defect, upon the award rendered by the Arbitrator(s) may be entered in any lien,or encuftrance,or cures the lack of a right of access to or from court of competent jurisdiction. the Land,or cures the claim of Unmarketable Title,all as insured,in a reasonably diligent manner by any method,including litigation and 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT the completion of any appeals,it shall have fully performed its obli- (a) This policy together with all endorsements,if any, attached to it by gallons with respect to that matter and shat€not be liable for any loss the Company is the entire policy and contract between the Insured or damage caused to the insured. and the Company. In interpreting any provision of this policy, this (b) In the event of any litigation,including litigation by the Company or policy shall be construed as a whole. with the Company's Consent,the Company shall have no liability for (b) Any claim of loss or damage that arises out of the status of the Title foss or damage until there has been a final determination by a court or by any action asserting such claim shall be restricted to this policy. of competent junsdiction,and disposition of all appeals,adverse to (c) Any amendment of or endorsement to this policy must be in writing the Title,as insured. and authenticated by an authorized person,or expressly incorporated (c) The Company shall not be liable for loss or damage to the Insured for by Schedule A of this policy. liability voluntarily assumed by the Insured in settling any claim or (d) Each endorsement to this policy issued at any time is made a part of suit without the prior written consent of the Company this policy and is subject to all of its terms and provisions.Except as the endorsement expressly states,it does not(t)modify any of the 10 REDUCTION OF INSURANCE; REDUCTION OR TERMINATION terms and provisions of the policy.(ii)modify any prior endorsement, OF LIABILITY (iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. All payments under this policy,except payments made for costs,attorneys' fees,and expenses,shalt 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 shall be deemed not to 11. LIABILITY NONCUMULATIVE include that provision or such part held to be invalid,but all other provisions The Amount of Insurance shall be reduced by any amount the Company shall remain in full 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 Policy and which (a) Choice of Law: The Insured acknowledges the Company has is a charge or lien on the Title,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 reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies, 12. PAYMENT OF LOSS or enforcement of policies of title insurance of the jurisdiction where When liability and the extent of loss or damage have been definitely fixed the Land is located. in accordance with these Conditions,the payment shall be made within 30 Therefore,the court or an arbitrator shall apply the law of the juris- days. diction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT enforce the terms of this policy. In neither case shall the court or (a) Whenever the Company shall have settled and paid a claim under arbitrator apply its Conflicts of law principles to determine the appli- this policy, it shall be subrogated and entitled to the rights of the cable law. Insured Claimant in the Title and all other rights and remedies in (b) Choice of Forum:Any litigation or other proceeding brought by the respect to the claim that the Insured Claimant has against any person Insured against the Company must be filed only in a state or federal or property,to the extent of the amount of any loss,costs,attorneys' court within the United States of America or its territories having fees and expenses paid by the Company. If requested by the appropriate jurisdiction. Company,the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The 18. NOTICES,WHERE SENT Insured Claimant shall permit the Company to sue,compromise,or Any notice of claim and any other notice or statement in writing required 10 settle in the name of the Insured Claimant and to use the name of the be given t0 the Company under this policy must be given to the Company Insured Claimant in any transaction or litigation involving these rights at Claims Department,Pro.Box 2029,Houston,Texas 77252-2029 and remedies. If a payment on account of a claim does not fully Cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's 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 subrogalion rights. Page 4 caft. We guaranty company 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 is 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 'FOR COMPANY REFERENCE PURPOSE ONLY,NOT AN INSURING PROVISION. Copyright 2006-2009 American Land Title Association. All rights reserved. Ar�r- IANV 1'1"1 LE The use of this Form is restricted to ALTA licensees and ALTA members A%%0(1X1101 in good standing as of the date of use. All other uses are prohibited. , Reprinted under license from the American Land Title Association. Page 1 of 5 ALTA Owner's Policy(6-17-06) STEWART TITLE GUARANTY COMPANY SCHEDULE B 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 disclosed 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 municipal 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,police 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. Copyright 2406-2009 American Land Title Association. All rights reserved. � AME RICAN LAND III t The use of this Form is restricted to ALTA licensees and ALTA members AkWOM IUN in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 5 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 20062009 American Land Title Assoclatlon. All rights reserved. AM F.R I CAN LAND TITIF The use of this Form is restricted to ALTA licensees and ALTA members A550CIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association_ Page 3 of 5 ALTA Owners Policy(6-17-06) STEWART TITLE GUARANTY COMPANY LT File No. 511859 Policy No. 0-9301-003364251 EXHIBITA 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 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 ;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 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 Imes 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. Copyright 2006-2009 American Land Title Association. All rights reserved. AM tAN11 Tllit The use of this Form is restricted to ALTA licensees and ALTA members A%SOC'01 1x in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. lk Page 4 of 5 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 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 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 i 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 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, Copyright 2006-2009 American Land Title Association. All rights reserved. AM r RKAN 4AND MIF The use of this Form is restricted to ALTA licensees and ALTA members ASscx.unnN in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 5 Sherbume County,Minnesota January 05, 2015 No Delinquent Taxes Document No. 50689 Transfer Entered January 05, 2015 10:42 AM Fee: $46.00 Deed Tax$1.65 Certified filed and or recorded on above date: No CRV Required MICHELLE ASHE REGISTRAR OF TFTLES Current Year Taxes Paid SHERBURNE County,MN Diane Arnold County Auditor/Treasurer CERTIFICATE: 9999.0 Bonnie Jacobs, Deputy 75-004-1000 MUTED WARRANTY DEED STATE DEED TAX DUE HEREON: Date:December/L�,2014 For good and valuable consideration, THE TRUST FOR 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.,Grantor,hereby conveys and quitclaims to THE CITY OF ELK RrVER,MINNESOTA,a municipal corporation underthe laws oft'tae State of Minnesota,Grantee, real}property in Sherburne County,Miuneso#a,described as follows= See Exhibit A attached hereto and incorporated herein by this reference together with all hereditaments aUd appurtenances belonging thereto. Grantor covenants and represents that:. (1) This Deed conveys after-acquired title;and (2) Grantor has not made, done, executed or suffered 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 any manner,and Grantor will warrant the title to the above described Property against all persons claiming the same from or through Grantor as a result of any such act or thing,EXCEPT:easements„restrictions and reservations of record. The Grantor certifies that Grantor is familiar with the property described in this instrument and the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate, The Grantor certifies that consideration for this deed is less than$500.00. TIU FRUST FOR PUBLIC LAND its- v .ZNN' Zt- ACKNOW LED GMENT STATE OF N M,4N OTA ) COUNTY OF)ss- The foregoing instrument was acknowledged before me this )L-Y-, of December, 2414, by The Trust for Public Land,a nonprofit public benefit corporation under the laws of CaLiforuia authorized to do business in Minnesota as The Trust for Public band,Inc.,on behalf of the corporation. II i Signature Of Person Taking Acknowledgment LARRY MOUNTASCEN MIDTARyPUBUC-1111M1WNETA `yfry My Cornmiss°on Expires January 31,2020 F TMS INSTRUMENT WAS Tax Statements for the real property DRAFTED BY: described in this inst urnent should be sent to (include 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 NOTICE OF FUNDING RESTRICTIONS THE TRUST FOR PUBLIC LAND, a nonprofit 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, Chapter6, Article 1, Section 2, Subdivision 5(d): Metro Big Rivers Habitat Program Phase it (The Trust for Public Land), MNDNR Agreement Number SWIFT PO No. 3000008675:and Minnesota Laws 2012, Chapter 264, Article 1, Section 2, Subdivision 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 OUTDOOR HERITAGE FUND; LESSARD- SAMS OUTDOOR HERITAGE COUNCIL Subd. 15. Land Acquisition Restrictions, The Trust for Public Land is providing notice of the following: "This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the acquisition of the property. The interest in real properfjK 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 successor. The ownership of the interest in real property shall transfer to the state if,(1)the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or accomplishment plan;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 f� day of r 2014. THE TRUST FOR PUBLIC LAND _ By: Title: Sf 1pv*"a:�t Date: 1 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 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 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 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. 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 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 S,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. STATE OFMINNESOTA ) COUNTY OF }ss. On this f day of QLt&= 0e, 2014, before me personally appeared , ��+� to me personally known, who, being by me duly sworn did say that s/he is the s,- ���, r+.�--��r 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 act and deed of said corporation. LARRY MOUNTA[N NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires My Commission Expires: January 31,2020 Drafted by;* ■ The Trust for Public Land(MZ) 2610 University Avenue, Suite 300 St. Paul, MN 55114 z STATE OF MINNESOTA ) )ss. AFFIDAVIT REGARDING PURCHASER COUNTY OF SHERBURNE ) CALVIN PORTNER,being first duly sworn,on oath says that: 1. lie is the City Administrator for the City of Elk River,a Minnesota municipal corporation,the municipal corporation named as Grantee in the Limited Warranty Deed dated , c tyw-b t ,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 has had any interest in the premises described in the above document("Premises"); b. Unsatisfied judgments of record against 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 sane 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 with-the same or similar names are not against the above-named corporation. 6. There has been no labor or materials furnished to the Premises for which payment has not been made. 7. There are no unrecorded contracts, leases,easements,or other agreements or interests relating to the Premises except as stated herein: Alone. 179449v1 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: None. 9. There are no encroachments or boundary line questions affecting the Premises of which Affiant has knuwledge. Affiant knows the matters herein stated are true and males this Affidavit for the purpose of inducing the acceptance of title to the Premises. CITY OF ELK RIVER By- Calvin Calvin Portner,City Administrator Subscribed and sworn to before me this I "day day o� -2014. !rotary Public JESSICA M.MILLER NOTARY PU13UC-Mlt4NESOTA �-4 My Cw nizfon Expires January 31.2017 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Assodadon 317 Faganda7e Office Center 1380 Corporate Center Curve Fagan,Ivl anesota 55121 Telephone: (651)452-5000 A,MP,cjh 2 l 79449eE TBD LT Branch 7200 COurdy Road C West.SulQe 22D5 File NamDer 51119 14 Romfle,NN 55113 Sales Price: 1.00 L A N D T I T L E Came Dale' 121"1014 service beyond the ax.eci:a COMBINED CLOSING STATEMENT Type: Purchase-No Lender Prope'ty )00(VACANT LAND ELK RIVER,MR 55330(SHERBURNE) (7541144000) 700(VACANT LAND ELK RIVER 111 5SW (SRERSIIRNE) (15413-0610) NDC(VACANT LAND ELN RIVER,UN 55x30(SHEIMRNE) (75413-0730) W VACANT LAND ELK RM MN 5=0(SHERSURNEI ("6133.420 )=VACANT LAND ELK RIVER MN 55330 ISWJUKMNEI (754024=Y )=VACANT LAND ELK RIVER,NN 55330(SHERBURNE) (750061100) XXX VACANT LAND ELK R(VER MR 55330(SRERBURNE) Q51a24410) BarrrWN): CITY OF ELK RIVER SeRer(s) THE TRUST FOR PUBLIC LAND BorTo�ar .aepK Daeertpddn Dal,lt Cndk DAR CTdg �epmFA,Creaer.De61h+ Aunww%COW to 2016 Taus an 761334200 3103.66 SWT.68 AuwnrntlC MWb20thT*moA75413-0730 310288 5402.66 two owes Tito R4adCpliYt Orrn"m+m s56a.90;se33,10500000 Pn±mppn 33.10500 iaM Tilepab j 33.70500 Se1>i~0r1a n LW4 Tib SO.OD ;17500 aOutaff" and Trv*W Rowr6 Leas:Dad 3453.0 ;4600 Oty Wmwn Dad 31.65 11.06 i emmadoo Fn 16.1)7 R&b0dmgSwdugeluLwdT10 $25.00 190 TOLIk 50.00 3605.38 ;4.163 01 3C 00 Batsnce Due TO Boaalwr. 5805 36 Balance Due FROM Seller. APPROVED AND ACCEPTED /T �If:� 61cl.Lt�t(51 curl 01 ex pum THE TRusT Fox PL;6UCLAM --- - Filo Numbor. 611$59 1 d 1 M.S_&A4 Real Property Form No.14(1998,Rev.2009) 4 RE OF SEWAGE TLZg&TMEha SYSTEMPq f S rDISCLOSURE OF SEWAGE TREATMENT SYSTEM. 3 Copyright 1997,1898,try Minnasota State Bar Awocta6on,Minneapo4 r.Minnesota. WARNING TO PREPARER:Make no changes:to this form unless such changes are visible. [Complete this next rara h if this farm is used as an addendum to a Purchase A reemenU This addend m is a�gntinuat' n ofth urcha Agreement ted by and betwe "�� "^ a 1 •! Lal.- as Sellers, and 1 as Buyers, for property described below in Section A. The Disclosure Law. Pursuant to Minnesota Statutes Section 115.55,Subdivision 6,before signing an agreement to sell or to transfer real property,the seller or transferor must disclose in writing to the buyer or transferee information on how sewage generated at the property is managed. Unless the buyer/transferee and seller/transferor agree to the contrary in writing before the closing of the sale,a seller/transferor who fails to disclose the existence or known status of a subsurface sewage treatment system at the time of sale,and who knew or had reason to know of the existence or known status of the system is liable to the buyer/transferee for costs relating to bringing the system into compliance with the subsurface sewage treatment system rules and for reasonable attorney fees for collectionofcosts from the sellerltransferor.An action under this subdivision must be commenced within two years after the date on which the buyer/transferee closed the purchase or transfer of the real property where the system is located. IF YOU DO NOT UNDERSTAND THIS LAW CONSULT YOUR LAWYER. A. PROPERTY DESCRIPTION. IProperty Identification Number(Tax Parcel No.): iQuarter: Section: Township: Range: County: Legal Description: Lot,,,_,Block (plat name) (If metes-and-bounds description,attach legal description on separate sheet.) Street Address: DISCLOSURE OF SEWAGE SYSTEM. [B�STATUTORY SellerlTransferormust complete this section.] M.P.C.A.PERMITTED FACILITY: [Check only one from f,2,and 3.1 1. Seller/'Transferor states that sewage generated at the property goes to a 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 treatment system). 2. Seller[Transferor states that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency, and is therefore subject to applicable requirements. Q 3. Seller/7ransferor states that no sewage is generated at the property. IN-USF SUBSURFACE ONSITE SEWAGE TREATMENT SYSTEM. [Checkeither4 ors:] 4. SellerfTransferor has no Knowledge whether there is a subsurface sewage treatment system in use on the property. 5. Seller/Transferor knows that there[strike one. are are no subsurface sewage treatment systems in use on the prop f SellerfTransferor discloses the existence of a subsurface sewage treatment system on the property,then Minnesota law requires that the location of the system be disclosed to Buyer/Transferee with a map.[Complete the map below in Section C.] M.S.13A.Reel Property Form No.14(1898,Rev.2009) (]1S�E.C3SURE OF SEWAGE TR R YsTEM _ PACE 2 of 5 ABANDONED SUBSURFACE ONSITE SEWAGE TREATMENT SYSTEM:(Check either 6 or 7: = 6. SellerrrrensNror has no knowledge whether there is an abandoned subsurface sewage treatment system on the property. 7. Setfer[Transferor knows that there[strike one:fare/ re no bandoned subsurface sewage treatment systems on the grope ellerfrransferor discloses the existence of an abandoned subsurface sewage treatment system on the property,then Minnesota law requires that the location of the system be disclosed to Buyerffran0aree with a map.[Complete the map below in Section C.] C. SUBSURFACE SEWAGE TREATMENT SYSTEMS(IN-USE OR ABANDONED)ON THE PROPERTY. Describe all in-use and abandoned systems on Ow property. 1 For each sewage treatment system in use,state the type of System: =Septic Tank with:jEg�standard drainfield =mound system drainfield =Sealed System(holding tank or contained cesspool) =C?ther(describe)=seepage tank =cesspool=dry well[Teaching pit 2 SKETCH MAP:Sketch the location of the house,garage,acoessory buildings,well,septic tank,drainfield,mound,or other components of the sewer system. Also show the location of the components of any abandoned sewage treatment systems(tanks,pipes,drainfields, pits, etc.) include estimated distances from all roads, streets and buildings. Use additional sheets of paper,if necessary. ty'0.c, 3 SELLERiTRANSFEROR DISCLOSURE: Pursuant to Minnesota Statutes Section 115.55, Subdivision 6,the SellerfTransferor shall disclose to the Buyer/Transferee what the Seilerl"Transferor has knowledge of relative to the compliance status of the subsurface treatment system,and whether,to the best of the Seller'slFransferorrs knowledge,a straight-pipe system exists. A Sellerfrransferor who has in their possession a previous inspection report completed by a licensed inspection business or certified local government inspector in accordance with Section 115.55,Subdivision 5 or 5a,shall attach a copy to the disclosure statement that is provided to the Buyerfrransferee. STATEMENT BY SELLER/TRANSFEROR: To my knowledge,the property[strike one min compliance with all applicable sewagement laws and rules. To the best of knowledge,a straight-pipe cyst ke one[ t w-mg,not exist. A previous Inspection report[strike onejI st � and if OT-exists,it is attached to this Disclosure. C&Ocebon:I cer*that none of the pubro;hed text of this form has teen deleted or altered except as indicated by SOM out or by additional text shorn In a$pence different than bxe published Tam. Name of lawyer or other preparer tore df lawyer ac& er preparer Signature of Selterlrransferor Print Name of Seller/Transferor Daae Signature of Sellerfrransferor Print Name of Sellerrrransferor Date 4 ACKNOWLEDGMENT AND RECEIPT BY BUYERITRANSFEREE: I have received this disclosure on[date] A-)Co Sig uyrensferee Signature of Buyerfrransferee 4 Minnesota pollution Control Agency 526 Lafayette Road North 5t.Paul,Minnesota 55155-4194 i 651.296-6306 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 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 for a release from a tank if that person owned or operated the tank any time during or after the release. If a person comes into possession of property where there 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 lenders. Minn. Stat. § 115C.021,subd.4(2014) provides that a mortgagee is not 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 foreclosure. If future development of the site or the surrounding area is planned, it should be assumed that petroleum contamination may be 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 vapors from 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 risk from 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 on your circumstances, it may or may not be construed as releasing any person from liability understate or federal laws. Please be advised that the determination made in this 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 letter please call me at 651-757-2778 or at pamela.foster@state.mn.us.You can also reach the MPCA at 800-657-3864. Sincerely, 'r Pamela Foster Project Manager Petroleum Remediation and Redevelopment Section Remediation Division PMF:Is Enclosure cc: Jason KunZe, Braun Intertec,Corp. (Ikur)ze@braLjmntertec com) ATTACHMENT A DISCLAIMERS MPC Site ID: LEAK 1965$(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 at the 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. r Minnesota Pollution Control Agency 520 Lafayette Road North I St,Paul,Minnesota 55155-4194 1 651.296-+300 800-657-3864 1 651-282-5332 TTY I www.pca.state.mn.us J 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 Release Site 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 fife means the MPCA does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file 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 MPCA be notified immediately. You should understand this letter does not release any party from liability for the,petroleum contamination under Minn.Stat. § 1150.021, 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 result of 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 651-539-1515 or 1-500-638-0418. ALTA 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,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 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 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 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 fine 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. Copyright 2006.2009 AiLand Title Association. All rights reserved. � American anssocon. 9 AMI'.RICAN Wqt)11111 The use of this Form is restricted to ALTA licensees and ALTA members A%10CIA F0%' in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 5 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 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 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 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. Copyright 2006-2008 American Land Title Association. All rights reserved. nAle RICAN IANU Tnl.l. The use of this Form is restricted to ALTA licensees and ALTA members ASSOCAV ION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 5 g �- � ,.. + . ;, s • � _ • ? c, ' +„� � � x -. � r r J �- �. _1.6 ` / i,� �� � �' � ”' • fr. '� �, t .``M. ,.'i,�,� ', dd a _ ( b l x�ryY � i y �' L �• s 1� � 3 ` � �..-r'''' '.� '' w rr', �. �, � �„� _ � 9 +lc�l� t V d t '/ �+ "•w. ..� i :xarkr _ '� X16 �� �'�,' x �jStfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance 16 - An Ordinance Amending Chapter 50, Article IV, Division 2, to Add New Section 50-1 19 Establishing Hunting Regulations within the William H. Houlton Conservation Area of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the City of Elk River Code of Ordinances shall be amended to add new Section 50-119, as follows: Section 50-119 —William H. Houlton Conservation Area. (a) Hunting within the William H. Houlton Conservation Area ("WHHCA") is allowed, subject only to the following conditions and restrictions: (i) All hunting shall follow the current year Minnesota Department of Natural Resources Hunting Regulations. (ii) Hunting shall only be allowed during the hours that the WHHCA is open to the public. (iii) Firearms are prohibited for the hunting of small game, turkey and deer, except during special hunts as provided in Subsection vii below. (iv) Trapping is not allowed, except by permit from the City to remove nuisance animals. (v) Archery hunting of small game,waterfowl, turkey and deer is allowed. (vi) Migratory waterfowl shotgun hunting is permitted in designated waterfowl hunting areas along the Mississippi River. A map of the designated hunting areas shall be kept at City Hall and posted at the WHHCA parking lot access point. Signage delineating the designated hunting areas shall also be posted along the edge of the hunting area. (vii) The City may approve,in its discretion and subject to all DNR Hunting Regulations, special hunts,including shotgun hunts for turkey and deer, as part of a youth mentored and/or handicap hunts. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. URE Last Updated il7asch 2014 INATJ Stfikethfoughs to be removed Underlines to be added Passed and adopted by the City Council of the City of Elk River this 18th day of April, 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATI