3.10 EDSR 01-17-2017
Request for Action
ToItem Number
Economic Development Authority3.10
Agenda Section Meeting DatePrepared by
General BusinessJanuary 17, 2017Amanda Othoudt, EDD
Item Description
Reviewed by
Consent to Driveway Easement Agreements and Cal Portner, City Administrator
Mortgage Amendmentfor Yankee Doodle
Reviewed by
Enterprises, LLC
Action Requested
1.Approve, by motion, the consent to the execution and recording othe Private, Cross Access
Easement Agreement for Yankee Doodle Enterprises, LLC.
2.Approve, by motion, the consent to the execution and recording o
Easement Agreement for Yankee Doodle Enterprises, LLC.
3.Approve, by motion, a resolution amending the Mortgage with Yankee Doodle Enterprises, LLC.
Background/Discussion
The EDA approved a $74,999 Energy Efficiency Improvement microlo
Alan Arnold Corporation which was secured by a corporate guarantkee Doodle Enterprises,
LLC as the operating entity for Ralphies Victory Lane and a mort
basis to a contract for deed from Farmers State Bank of Heartla
$465,000 for the property located at 13374 US Highway 10 NW.
Yankee Doodle Enterprises(YDE)refinanced their debt and received a $515,000loan from the Bank of
Elk River to satisfy the contract for deed.
The EDA approved a new Subordination Agreement on December 19 in favor of the bank providing for
the subordination of the EDAs mortgage to the Banks mortgage.
On November 2, 2015, the City Council approved the sale of Highway 10, Joplin Avenue and Business
Center Drive which abuts YDEs property.
E&R Investments, LLC proposesto develop up to three commercial/retail buildings on the siteand the
city is requiring a permanent access easement to the property owned by YDE from Business Center
Drive. The easement is required to maintain a permanent access to the pthe final plat is
approved. After the property is platted, E&R intendsto request the easement be released and replaced
with a new easement.
The private cross access easement, will allow YDE and E&R Investments to access to Highway 10
referencedin ExhibitD.
Both the private cross access easement and permanent easement re
the YDEsproperty to consent to the easement agreement, this list include
of Elk River) and the EDA since it has a mortgage with YDE.
YDErequested the EDA execute a consent to the execution and recording of the
Easement Agreement and Permanent Driveway Easement Agreement and
and interest in and to the property subject to the Mortgage is subject and subordinate to the terms of the
Easement.
As part of this project, E&R Investments will sell property to and purchaseproperty from YDE as
depicted in Exhibit C. YDE is also requesting the EDA amend the mortgage to reflect the properties new
legal description, permanent easement, and the cross access easement.
Financial Impact
None
Attachments
Permanent Driveway Easement Agreement between E&R Investments an
Enterprises
Exhibit C (permanent driveway easement and property to be purchased and sold)
Cross Access Easement Agreement between E&R Investments and Yank
Exhibit D (cross access easement)
Exhibit E (Shows all properties)
Mortgage (September 10, 2013)
Resolution Amending the Mortgage with Yankee Doodle Enterprises, LLC
N:\Departments\Community Development\Economic Development\EDA\Administrative\Agenda\EDA Agenda Packets\2017\01-17-2017\3.10
sr Yankee Doodle Enterprises Easement Agreement and Mortgage Ame
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
RESOLUTION NO. _________
RESOLUTION APPROVING FIRST AMENDMENT TO MORTGAGEAND CONSENT TO
EASEMENT
Section 1. Recitals.
1.01The Board of Commissioners(the “Board”) of theEconomic Development
Authority of the City of Elk River(the “EDA”) has heretofore provideda Microloan in the
amount of $74,999to Alan Arnold Corporation, a Minnesota corporation (referred to as
“Debtor”)which wassecured bya corporate guarantee ofYankee Doodle Enterprises, LLC, a
Minnesota limited liability company (the “Mortgagor”), secured by a Mortgage and Assignment
of Rents and Security Agreement and Fixture FinancingStatement (the “Mortgage”) on certain
property on a subordinatebasis to a contract for deedfrom Farmer’s State Bank of Hartland in
the original principal amount of $465,000.The Mortgage was subsequently subordinated to a
loan from the Bank of Elk River in the amount of $515,000 which was used to satisfy the
contract for deed.
1.02The Mortgagor has now requested that the EDA execute and deliver a Consent to
Easementto allow certain easements over the mortgaged property (the “Consent”) anda First
Amendment to Mortgage(the “First Amendment to Mortgage”) in orderto: (i) amend the legal
description to reflect that a portion of the original mortgaged property will be sold to a new
developer and that additional property will be subject to the Mortgage;and(ii) allow certain
easements over the mortgaged property as permitted encumbrances.
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners (the “Board”) of the
Economic Development Authority of the City of Elk River (the “EDA”)as follows:
Section 2.Approval of Documents.
2.01.The First Amendment to Mortgageand the Consent are hereby in all respects
approved together with any related documents necessary in connection therewith(the
“Development Documents”), and the Presidentand Executive Directorare hereby authorized and
directed to execute the Development Documents on behalf of the EDA and to carry out, on behalf of
the EDA, the EDA’s obligations thereunder.
2.02.The approval hereby given to the Development Documents includes approval of
such additional details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by
legal counsel to the EDA and by the Presidentand Executive Directorpriorto executingsaid
Documents; and said officers are hereby authorized to approve said changes on behalf of the EDA.
The execution of any instrument by the Presidentand Executive Directorshall be conclusive
evidence of the approval of such document in accordance with the terms hereof. In the event of
493259v2 JSB EL185-13
absence or disability of saidofficers, any of the Documents authorized by this Resolution to be
executed may be executed without further act or authorization of the Boardby any duly designated
acting official, or by such other officer or officers of the Boardas, in the opinion of the City
Attorney, may act in their behalf.
493259v2 JSB EL185-13
Approved by the Board of Commissioners of the Economic Development Authority of the
City of Elk River this __day of January,2017.
President
ATTEST:
Executive Director
493259v2 JSB EL185-13
PERMANENT CROSS-ACCESS
EASEMENT AGREEMENT
BY AND BETWEEN
YANKEE DOODLE ENTERPRISES, LLC,
A MINNESOTA LIMITED LIABILITY COMPANY
AND
E&RINVESTMENTS, LLC,
A MINNESOTA LIMITED LIABILITY COMPANY
ThisEasementAgreement(“Agreement”) is made this ____ day ofJanuary, 2017, by and
between Yankee Doodle Enterprises, LLC, a Minnesota limited liability company, (“YDE”)and
E&R Investments, LLC, a Minnesota limited liability company,(“E&R”).YDE and E&R are
sometimes hereinafter collectively referred to as the “parties”to this Agreement.
RECITALS
A.YDE is the fee owner of certain property located in Sherburne County, Minnesota,
(“YDE Parcel”), legally described in the attached Exhibit A; and
B.E&Ris the fee owner of certain property located in Sherburne County, Minnesota,
(“E&R Parcel”), legally describedin the attached Exhibit B; and
C.The YDEParcel (to theEast)and the E&RParcel (to theWest)are adjoining properties
sharing a common boundary line;and
D.YDE currently owns and holds a 50.00 foot wide easement for ingress and egress to US
Highway No. 10 NW per Quit Claim Deed Document No. T10247; and
E.Contemporaneously herewith, YDE sold the E&R Parcel to E&R together with the right
to use a portion of the YDE Parcel as a cross-access to US Highway No. 10 NWas
legally described in Exhibit C and graphically depicted in Exhibit D; and
F.The parties have agreed to create a permanent cross-access easement over and across a
portion of the YDE Parcel for the benefit of the E&R Parcel (“Cross-AccessEasement”).
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in further consideration of the mutual promises and
agreements contained herein, the parties hereto acknowledge, assent and agree as follows:
1.Incorporation.The foregoing recitals are true, correct and complete to the best of the parties’
knowledge,information, and belief, and are hereby incorporated herein by this reference.
2.Effective Date. This Agreement becomeseffective upon final execution by both parties.
3.Grant of Easement.YDE hereby grantstoE&R, its successors andassigns,for its use and
the use of its owners, customers, vendors, suppliers, guests, invitees, tenants and occupants, a
permanent,non-exclusive appurtenant Cross-AccessEasement for pedestrian and vehicular
ingress and egress over and across that portion of the YDEParcel described in Exhibit C.
4.Maintenance of Easement.YDE shall be solely responsible to maintain the Cross-Access
Easement, including without limitation, to removesnow and ice,to spread sand and salt, and
to maintain, repair or replacethe pavement or other improvements to the extent reasonably
required for the Cross-AccessEasement to be suitable for use as intended by this Agreement.
Notwithstanding the foregoing, if and to the extent that E&R, its successors and assigns, or
its owners, customers, vendors, suppliers, guests, invitees, tenants, occupants, or its agents,
employees or contractors, cause material damage to the Cross-Access Easement, such party
shall be liable for the reasonable costs incurred by the owner of the YDE Parcel in repairing
Page 2of 10
or replacing such damage. “Material damage” for purposes hereof means damage that costs
$5,000or more to repair or replace. Such reimbursement shall be made within ten (10) days
after written request therefor, supported by copies of invoices documenting such costs.
5.Obstruction of Easement.The Cross-AccessEasement may not be used for the parking or
storing of vehicles, boats, motors, campers, trailers, motorcycles, snowmobiles, recreational
or other vehicles.Nogate, fence, barrier or other obstruction, interference, or impediment
which would unreasonably obstruct, interfere or impede pedestrian and vehicular trafficfor
the purposes stated in this Agreement shall be erected, created, permitted orsuffered within
the Cross-AccessEasement, except as necessary for controlling normal traffic flows, and, on
a temporary basis, for construction purposes, and then only to such extent as to cause the
least possible interference with the use thereof, and no overburdening of or to the Cross-
AccessEasement shall be caused by unusual increases in traffic volume or load bearing.
6.Transferability of Easement.This Agreement shall run with the land, and every portion
thereof, and shall inure to the benefit of, and shall be binding upon, each and every owner,
and the successors and assigns of the parties hereto.
7.Enforcement. If a party breaches the terms of this Agreement and such breach continues for
ten (10) days after written notice from the other party specifying such breach and the action
required to cure the same, such party shall be a Defaulting Party, and the non-breaching party
shall have all rights and remedies granted at law or in equity, including without limitationthe
right to seek mandatory or prohibitory injunctive relief, the right to take such actions as
reasonably shall be required to rectify such breach and the right to recover from the
Defaulting Party all costs incurred by the non-breaching party in doing so, with interest
thereon from the date incurred to the date reimbursed at the rate of eight percent (8%) per
annum. In addition, the non-breaching party shall be entitled to recover from the Defaulting
Party its reasonable attorney’s fees and court costs incurred in enforcing the terms of this
Agreement, regardless whether suit is actually commenced. In no event shall a Defaulting
Party be denied the right to use the Cross-AccessEasement for the purposes specified in this
Agreement.The failure to enforce any provision of this Agreement upon any violation
thereof shall not constitute a waiver of the right to do so for any subsequent such violation.
8.Amendments. This Agreement may be amended only by a written instrument duly recorded
in the appropriate real estate recording office in and for Sherburne County, Minnesota.
9.Counterparts. This Agreement may be executed in several counterparts,each of which shall
constitute an original but all of which together shall constitute a single agreement.
10.Severability. The invalidation by judgment, court order or otherwise, of any one of the
covenants, conditions, restrictions, reservations or easements in this Agreementshall in no
way affect any of the other provisions which shall remain in full force and effect.
11.Governing Law. This Agreement, and all rights and duties created herein, shall be applied,
interpreted and construed in accordance with the laws of the State of Minnesota, and all
obligations created hereunder may be enforced by the parties hereto either at law or in equity.
Page 3of 10
IN WITNESS WHEREOF,
the undersigned parties hereto have executed this Agreementin
triplicate originals as of the day and year first above written.
YANKEE DOODLE ENTERPRISES, LLCE&R INVESTMENTS, LLC
By: ______________________________By: ______________________________
Brian Brehmer,Its Chief ManagerGregory R. Ebert, Its Chief Manager
STATE OF MINNESOTA)
) ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this _____ day of January, 2017,
by Brian Brehmer, the Chief Manager of Yankee Doodle Enterprises, LLC, a Minnesota limited
liability company, on behalf of the company.
___________________________________
Notary Public or other Public Official
STATE OF MINNESOTA)
) ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this _____ day of January, 2017,
by Gregory R. Ebert, the Chief Manager of E&R Investments, LLC, a Minnesota limited liability
company, on behalf of the company.
___________________________________
Notary Public or other Public Official
This Instrument Drafted By:
Bryan Wm Huber, Esq.
Huber Law Office, P.A.
1107 Hazeltine Blvd.
MD 15, Suite No. 408
Chaska, MN 55318
Tel. No. 952-448-8815
Fax. No. 952-368-9848
Page 4of 10
EXHIBIT A
YDEPARCELDESCRIPTION
That part of the Southeast Quarter of the Northwest Quarter and of the Northeast Quarter of the
Southwest Quarter of Section 32, Township 33, Range 26, Sherburne County, Minnesota lying
northerly of the northerly line of Old Highway No. 10 which is known as the Elk River to Big
Lake Road and lying Southeasterly of US Highway No. 10 as now laid out and traveled and
lying west of a line described as follows: Commencing at the northwest corner of said
Northeast quarter of the Southwest Quarter; thence south along the west line of said Northeast
Quarter of the Southwest Quarter, a distance of 11.15 feet to said northerly line of Old Highway
10 which is known as Elk River to Big Lake Road; thence east along said northerly line
deflecting 87 degrees 45 minutes 39 seconds left, a distance of 347.23 feet to the beginning of
said line to be described; thence north deflecting 92 degrees 20 minutes 59 seconds left, a
distance of 333.18 feet to the southeasterly line of said US Highway No.10 and said line there
terminating. Containing 1.80 acres.
Excepting therefrom the following legally described parcel:
[C-Store-1 Legal Description]
Page 5of 10
EXHIBIT B
E&RPARCELDESCRIPTION
[C-Store-1 Legal Description]
Page 6of 10
EXHIBIT C
CROSS-ACCESSEASEMENTDESCRIPTION
Page 7of 10
EXHIBIT D
CROSS-ACCESSEASEMENTDEPICTION
Page 8of 10
EXHIBIT E
CONSENT OF MORTGAGEE
The Bank of Elk River, a commercial bank organized and existing under the laws of the State
of Minnesota, (“Mortgagee”) is the owner and holder of that certain Mortgage executed by
Yankee Doodle Enterprises, LLC, a Minnesota limited liability company(“Borrower”) in
favor of Mortgagee dated _______________, 20____and recorded ______________,
20____in Office of the Registrar of Titles in and for Sherburne County, Minnesota as
Document No. ____________ (the “Mortgage”). Borrower is the current owner of property
subject to the Mortgage and has requested Mortgagee to execute this Consent to Easement to
(i) evidence the undersigned’s consent to Borrower’s execution of the foregoing Easement
and (ii) evidence Mortgagee’s agreement that Mortgagee’s right, title and interest in and to
the property subject to the Mortgage is subject and subordinate to the terms of the Easement.
In consideration of the benefits accruing to the property subject to the Mortgage pursuant to
the terms of the Easement, Mortgagee hereby consents to Borrower’s execution and
recording of the Easement and agrees that Mortgagee’s right, title and interest in and to the
property subject to the Mortgage is subject and subordinate to the terms of the Easement.
Dated this ____ day of ______________, 20____
THE BANK OF ELK RIVER
By: ___________________________________
Its:____________________________________
By: ___________________________________
Its:____________________________________
STATE OFMINNESOTA)
) ss.
COUNTY OFSHERBURNE)
The foregoing instrument was acknowledged before me this ____ day of ____________,
20_____, by ______________________________ and by ______________________________,
the ___________________________ and ___________________________________,
respectively, of The Bank of Elk River, a Minnesota commercial banking corporation, on behalf
of the corporation.
_______________________________________
Notary Public
Page 9of 10
EXHIBIT F
CONSENT OF MORTGAGEE
TheEconomic Development Authority of the City of Elk River(“EDA”), abody corporate
and politic organized and existing under the laws of the State of Minnesota, (“Mortgagee”) is
the owner and holder of that certain Mortgage executed by Yankee Doodle Enterprises, LLC,
a Minnesota limited liability company(“Borrower”) in favor of Mortgagee dated September
thth
10
,2013and recorded September 18,2013in Office of the Registrar of Titles in and for
Sherburne County, Minnesota as Document No. T 49208 (the “Mortgage”). Borrower is the
current owner of property subject to the Mortgage and has requested Mortgagee to execute
this Consent to Easement to (i) evidence the undersigned’s consent to Borrower’s execution
of the foregoing Easement and (ii) evidence Mortgagee’s agreement that Mortgagee’s right,
title and interest in and to the property subject to the Mortgage is subject and subordinate to
the terms of theEasement. In consideration of the benefits accruing to the property subject to
the Mortgage pursuant to the terms of the Easement, Mortgagee hereby consents to
Borrower’s execution and recording of the Easement and agrees that Mortgagee’s right, title
andinterest in and to the property subject to the Mortgage is subject and subordinate to the
terms of the Easement.
Dated this ____ day of ______________, 20____
TheEconomic Development Authority of
the City of Elk River
By: ___________________________________
Its:____________________________________
By: ___________________________________
Its:____________________________________
STATE OFMINNESOTA)
) ss.
COUNTY OFSHERBURNE)
The foregoing instrument was acknowledged before me this ____ day of ____________,
20_____, by ______________________________ and by ______________________________,
the ___________________________ and ___________________________________,
respectively, of The Economic Development Authority of the City of Elk River,abody corporate
and politic under the laws of the State of Minnesota, on behalf of theEDA.
_______________________________________
Notary Public
Page 10of 10
PERMANENT DRIVEWAY
EASEMENT AGREEMENT
BY AND BETWEEN
E&RINVESTMENTS, LLC,
A MINNESOTA LIMITED LIABILITY COMPANY
AND
YANKEE DOODLE ENTERPRISES, LLC,
A MINNESOTA LIMITED LIABILITY COMPANY
ThisEasementAgreement(“Agreement”) is made this ____ day ofJanuary,
2017December, 2016, by and between E&R Investments, LLC, a Minnesota limited liability
company, (“E&R”)and Yankee Doodle Enterprises, LLC, a Minnesota limited liability
company,(“YDE”).E&R and YDE are sometimes hereinafter collectively referred to as the
“parties”to this Agreement.
RECITALS
A.E&Ris the fee owner of certain property located in Sherburne County, Minnesota,
(“E&R Parcel”), legally described in the attached Exhibit A; and
B.YDEis the fee owner of certain property located in Sherburne County, Minnesota,
(“YDE Parcel”), legally describedin the attached Exhibit B; and
C.The E&R Parcel (to theSouth)and the YDE Parcel (to theNorth)are adjoining
properties sharing a common boundary line; and
D.YDE is currently using an improved driveway for which there are no recorded easement
rights over and across a portion of the E&R Parcel as legally described in Exhibit C and
graphically depicted in Exhibit D.
E.E&R is in the process of combining the E&R Parcel with contiguous properties for the
purpose of development; and
F.The parties contemplate that E&R’s development will provide a new access drive from
Business Center Drive to the YDE Parcel which will be shared with the replatted
properties within E&R’s development; and
The parties have agreed to create a permanent driveway easement over and across a
G.
portion of the E&R Parcel for the benefit of the YDE Parcel as legally described in
Exhibit C and graphically depicted in Exhibit D(“Driveway Easement”).
The parties contemplate that the Driveway Easement will be terminated when the new
H.
access drive is installed and a new agreement for use of the new access drive is executed.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in further consideration of the mutual promises and
agreements contained herein, the parties hereto acknowledge, assent and agree as follows:
1.Incorporation.The foregoing recitals are true, correct and complete to the best of the parties’
knowledge,information, and belief, and are hereby incorporated herein by this reference.
2.Effective Date. This Agreement becomeseffective upon final execution by both parties.
3.Grant of Easement.E&R hereby grantsto YDE,its successors and assigns,for its use and
the use of its owners, customers, vendors, suppliers, guests, invitees, tenants and occupants, a
permanent,non-exclusive,appurtenant Driveway Easement for pedestrian and vehicular
ingress and egress over and across that portion of the E&R Parcel as legally described in
Page 2of 11
Exhibit Cand graphically depicted in Exhibit D.
4.Termination of Easement.The Driveway Easement and all use thereof by YDE shall
terminate when all of the following have occurred:
(a)The E&R Parcel is approved and platted for development; and
(b)E&R and YDE, or their successor owner(s), have entered into a new agreement which:
(i)Provides a permanent, private shared access drive from Business Center Drive to
the YDE Parcel and the adjacent E&R properties for the use of the owners of all the
benefitted properties; and
(ii)Provides for the installation, use and maintenance of the new access drive; and
(c)The new access drive has been installed and approved by the City of Elk River for use.
(d)E&R and YDE, or their successor owner(s), hereby agree to reasonably negotiate the
terms of ashared maintenance agreement for the new access drive.
(e)Upon termination, all use of the Driveway Easement as an access shall cease, and E&R
may record an Affidavit of Termination which shall be deemed conclusive proof thereof.
5.Maintenance of Easement.YDE shall be solely responsible to maintain the Driveway
Easement, including without limitation, to removesnow and ice,to spread sand and salt, and
to maintain, repair or replace the pavement or other improvements to the extent reasonably
required for the Driveway Easement to be suitable for use as intended bythis Agreement.
6.Obstruction of Easement.The Driveway Easement may not be used for the parking or
storing of vehicles, boats, motors, campers, trailers, motorcycles, snowmobiles, recreational
or other vehicles.Nogate, fence, barrier or other obstruction, interference, or impediment
which would unreasonably obstruct, interfere or impede pedestrian and vehicular trafficfor
the purposes stated in this Agreement shall be erected, created, permitted or suffered within
the Driveway Easement, except as necessary for controlling normal traffic flows, and, on a
temporary basis, for construction purposes, and then only to such extent as to cause the least
possible interference with the use thereof, and no overburdening of or to the Driveway
Easement shall be caused by unusual increases in traffic volume or load bearing.
7.Transferability of Easement.This Agreement shall run with the land, and every portion
thereof, and shall inure to the benefit of, and shall be binding upon, each and every owner,
and the successors and assigns of the parties hereto.
8.Enforcement. If a party breaches the terms of this Agreement and such breach continues for
ten (10) days after written notice from the other party specifying such breach and the action
required to cure the same, such party shall be a Defaulting Party, and the non-breaching party
shall have all rights and remedies granted at law or in equity, including without limitation the
right to seek mandatory or prohibitory injunctive relief, the right to take such actions as
reasonably shall be required to rectify such breach and the right to recover from the
Defaulting Party all costs incurred by the non-breaching party in doing so, with interest
thereon from the date incurred to the date reimbursed at the rate of eight percent (8%) per
annum. In addition, the non-breaching party shall be entitled to recover from the Defaulting
Party its reasonable attorney’s fees and court costs incurred in enforcing the terms of this
Agreement, regardless whether suit is actually commenced. In no event shall a Defaulting
Party be denied the right to use the Driveway Easement for the purposes specified in this
Agreement.The failure to enforce any provision of this Agreement upon any violation
thereof shall not constitute a waiver of the right to do so for any subsequent such violation.
Page 3of 11
9.Amendments. This Agreement may be amended only by a written instrument duly recorded
in the appropriate real estate recording office in and for Sherburne County, Minnesota.
10.Counterparts. This Agreement may be executed in several counterparts,each of which shall
constitute an original but all of which together shall constitute a single agreement.
11.Severability. The invalidation by judgment, court order or otherwise, of any one of the
covenants, conditions, restrictions, reservations or easements in this Agreementshall in no
way affect any of the other provisions which shall remain in full force and effect.
12.Governing Law. This Agreement, and all rights and duties created herein, shall be applied,
interpreted and construed in accordance with the laws of the State of Minnesota, and all
obligations created hereunder may be enforced by the parties hereto either atlaw or in equity.
[The signatories and acknowledgements for this document appear on the following page.]
Page 4of 11
IN WITNESS WHEREOF,
the undersigned parties hereto have executed this Agreementin
triplicate originals as of the day and year first above written.
E&R INVESTMENTS, LLCYANKEE DOODLE ENTERPRISES, LLC
By: ______________________________By: ______________________________
Gregory R. Ebert,Its Chief ManagerBrian Brehmer,Its Chief Manager
STATE OF MINNESOTA)
) ss.
COUNTY OFSHERBURNE)
The foregoing instrument was acknowledged before me this _____ day of January,
2017December, 2016, by Gregory R. Ebert,the Chief Managerof E&R Investments, LLC, a
Minnesota limited liability company, on behalf of the company.
___________________________________
Notary Public or other Public Official
STATE OF MINNESOTA)
) ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this _____ day of January,
2017December, 2016, by Brian Brehmer, the Chief Manager of Yankee Doodle Enterprises,
LLC, a Minnesota limited liability company, on behalf of the company.
___________________________________
Notary Public or other Public Official
This Instrument Drafted By:
Bryan Wm Huber, Esq.
Huber Law Office, P.A.
1107 Hazeltine Blvd.
MD 15, Suite No. 408
Chaska, MN 55318
Tel. No. 952-448-8815
Fax. No. 952-368-9848
Page 5of 11
EXHIBIT A
E&R PARCELDESCRIPTION
Page 6of 11
EXHIBIT B
YDE PARCELDESCRIPTION
That part of the Southeast Quarter of the Northwest Quarter and of the Northeast Quarter of the
Southwest Quarter of Section 32, Township 33, Range 26, Sherburne County, Minnesota lying
northerly of the northerly line of Old Highway No. 10 which is known as the Elk River to Big
LakeRoad and lying Southeasterly of US Highway No. 10 as now laid out and traveled and
lying west of a line described as follows: Commencing at the northwest corner of said
Northeast quarter of the Southwest Quarter; thence south along the west line of said Northeast
Quarter of the Southwest Quarter, a distance of 11.15 feet to said northerly line of Old Highway
10 which is known as Elk River to Big Lake Road; thence east along said northerly line
deflecting 87 degrees 45 minutes 39 seconds left, a distance of347.23 feet to the beginning of
said line to be described; thence north deflecting 92 degrees 20 minutes 59 seconds left, a
distance of 333.18 feet to the southeasterly line of said US Highway No.10 and said line there
terminating. Containing 1.80 acres.
Page 7of 11
EXHIBIT C
DRIVEWAY EASEMENTDESCRIPTION
A 40.00 foot easement for access purposes over, under, and across the following described
property:
That part of the West Half of the Northeast Quarter of the Southwest Quarter of Section
32, Township 33, Range26, Sherburne County, Minnesota, that lies Southerly of the
Westerly extension of the Northerly right of way line of Main Street according to the
recorded plat of GOSPODOR’S ORONO LAKE ADDITION and Northwesterly of the
following described line:
Commencing at the Northwest corner of said West Half of the Northeast Quarter
of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 48
minutes 04 seconds East, along the West line of said West Half of the Northeast
Quarter of the Southwest Quarter, a distance of 264.22 feet to the point of
beginning of said line; thence North 65 degrees 05 minutes 40 seconds East, a
distance of 132.74 feet; thence North 68 degrees 17 minutes 36 seconds East, a
distance of 102.95 feet; thence North 60 degrees 38 minutes 59 seconds East, a
distance of 68.90 feet; thence North 54 degrees 35 minutes 15 seconds East, a
distance of 50.92 feet; thence North 52 degrees 33 minutes 24 seconds East, a
distance of 21.11 feet; thence 228.34 feet Northeasterly along a tangential curve
concave Southeasterly having a radius of 336.55 feet to the Westerly extension of
the Northerly right of way line of said Main Street and said line there terminating.
The Northerly line of said 40.00 foot easement is described as follows:
Commencing at the Northwest corner of said West Half of the Northeast Quarter of the
Southwest Quarter; thence on an assumed bearing of South 00 degrees 48 minutes 04
seconds East, along the West line of said West Half of the Northeast Quarter of the
Southwest Quarter, a distance of 264.22 feet; thence North 65 degrees 05 minutes 40
seconds East, a distance of 132.74 feet; thence North 68 degrees 17 minutes 36 seconds
East, a distance of 102.95 feet; thence North 60 degrees 38 minutes 59 seconds East, a
distance of 68.90 feet; thence North 54 degrees 35 minutes 15 seconds East, a distance of
50.92 feet to the point of beginning of said line; thence North 33 degrees 39 minutes 04
seconds West, a distance of 5.83 feet; thence 86.97 feet Northwesterly along a tangential
curve concave Southwesterly having a radius of 184.57 feet and a central angle of 26
degrees 59 minutes 55 seconds; thence North 60 degrees 38 minutes 59 seconds West,
tangent to said curve to said Westerly extension of Main Street and said line there
terminating.
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EXHIBIT D
DRIVEWAY EASEMENTDEPICTION
Page 9of 11
EXHIBIT E
CONSENT OF MORTGAGEE
The Bank of Elk River, a commercial bank organized and existing under the laws of the State
of Minnesota, (“Mortgagee”) is the owner and holder of that certain Mortgage executed by
Yankee Doodle Enterprises, LLC, a Minnesota limited liability company(“Borrower”) in
favor of Mortgagee dated _______________, 20____and recorded ______________,
20____in Office of the Registrar of Titles in and for Sherburne County, Minnesota as
Document No. ____________ (the “Mortgage”). Borrower is the current owner of property
subject to the Mortgage and has requested Mortgagee to execute this Consent to Easement to
(i) evidence the undersigned’s consent to Borrower’s execution of the foregoing Easement
and (ii) evidence Mortgagee’s agreement that Mortgagee’s right, title and interest in and to
the property subject to the Mortgage is subject and subordinate to the terms of the Easement.
In consideration of the benefits accruing to the property subject to the Mortgage pursuant to
the terms of the Easement, Mortgagee hereby consents to Borrower’s execution and
recording of the Easement and agrees that Mortgagee’s right,title and interest in and to the
property subject to the Mortgage is subject and subordinate to the terms of the Easement.
Dated this ____ day of ______________, 20____
THE BANK OF ELK RIVER
By: ___________________________________
Its:____________________________________
By: ___________________________________
Its:____________________________________
STATE OFMINNESOTA)
) ss.
COUNTY OFSHERBURNE)
The foregoing instrument was acknowledged before me this ____ day of ____________,
20_____, by ______________________________ and by ______________________________,
the ___________________________ and ___________________________________,
respectively, of The Bank of Elk River, a Minnesota commercial banking corporation, on behalf
of the corporation.
_______________________________________
Notary Public
Page 10of 11
EXHIBIT F
CONSENT OF MORTGAGEE
The Economic Development Authority of the City of Elk River (“EDA”), a body corporate
and politic organized and existing under the laws of the State of Minnesota, (“Mortgagee”) is
the owner and holder of that certain Mortgage executed by Yankee Doodle Enterprises, LLC,
a Minnesota limited liability company(“Borrower”) in favor of Mortgagee dated September
thth
10, 2013 and recorded September 18, 2013 in Office of the Registrar of Titles in and for
Sherburne County, Minnesota as Document No. T 49208 (the “Mortgage”). Borrower is the
current owner of property subject to the Mortgage and has requested Mortgagee to execute
this Consent to Easement to (i) evidence the undersigned’s consent to Borrower’s execution
of the foregoing Easement and (ii) evidence Mortgagee’s agreement that Mortgagee’s right,
title and interest in and to the property subject to the Mortgage is subject and subordinate to
the terms of the Easement. In consideration of the benefits accruing to the property subject to
the Mortgage pursuant to the terms of the Easement, Mortgagee hereby consents to
Borrower’s execution and recording of the Easement and agrees that Mortgagee’s right, title
and interest in and to the property subject to the Mortgage is subject and subordinate to the
terms of the Easement.
Dated this ____ day of ______________, 20____
The Economic Development Authority of
the City of Elk River
By: ___________________________________
Its:____________________________________
By: ___________________________________
Its:____________________________________
STATE OFMINNESOTA)
) ss.
COUNTY OFSHERBURNE)
The foregoing instrument was acknowledged before me this ____ day of ____________,
20_____, by ______________________________ and by ______________________________,
the ___________________________ and ___________________________________,
respectively, of The Economic Development Authority of the City of Elk River,abody corporate
and politic under the laws of the State of Minnesota, on behalf of theEDA.
_______________________________________
Notary Public
Page 11of 11