RES 17-03ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOT4
RESOLUTION APPROVING CONSENT TO PLAT OF YANKEE DOODLE CROSSING
Section 1. Recitals.
1.01 The Economic Development Authority of the City of Elk River, Minnesota, is the
mortgagee and holder of that certain Mortgage, Security Agreement, Fixture Financing
Statement and Assignment of Leases and Rents, dated September 10, 2013, and filed on
September 18, 2013 as Document Number 49208 in the Office of the County Recorder of
Sherburne County, Minnesota (the "Mortgage");
1.02 The real property encumbered by the Mortgage includes the following described
real property (the "Property"):
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 comer 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;
1.03 The Property is part of a larger property that is to be platted as YANKEE
DOODLE CROSSING; and
1.04 The EDA has found that the Mortgage will not be impacted by the platting
of YANKEE DOODLE CROSSING,
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 Consent to Plat.
2.01. The Consent to Plat, attached hereto, is hereby approved.
102. The approval hereby given of the Consent to Plat includes approval of such
498835v] DDSEL185-36
additional details 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 President and Executive Director prior to executing said Consent to Plat; and
said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of
the Consent to Plat by the President and Executive Director shall be conclusive evidence of the
approval of such docurnent in accordance with the teens hereof. In the event of absence or
disability of said officers, the Consent to Plat authorized by this Resolution may be executed
without further act or authorization of the Board by any duly designated acting official, or by such
other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf.
498835v➢ DDS EL185-36
Approved by the Board of Commissioners of the Economic Development Authority of the
City of Elk River this 270' day ,of April, 2017,
resident
49883 5v I DDS ELI 85-36
This instrument is given by Economic Development Authority of the City of Elk River,
Minnesota, Mortgagee and Holder of that certain Mortgage, Security Agreement, Fixture Financing
Statement and Assignment of Leases and Rents, dated September 10, 2013, and filed on September 18,
2013 as Document Number 49208 in the Office of the County Recorder of Sherburne County,
Minnesota (the "Mortgage").
The real property encumbered by the Mortgage includes the following described real property
(the "Property"), which is to be platted as YANKEE DOODLE CROSSING:
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 comer 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.
The Mortgagee hereby consents to the making and filing of the plat of YANKEE DOODLE
CROSSING (the "Plat") and hereby agrees that its interest as Mortgagee in the Property is subject to
easements and dedications ("easements") set forth in said Plat as recorded in the office of the County
Recorder in and for Sherburne County, Minnesota, however, that said consent is hereby made solely
for the purpose of burdening and subjecting said Property to said easements and conditions; and
provided further, however, that by consenting to said Plat, such consent does not in any way or manner
modify or amend the terrns and conditions of any of the loan documents executed and delivered in
conjunction with and in accordance with the above described Mortgage.
498438v I CBR E1.1 85-36
IN WITNESS WHEREOF, Economic Development Authority of the City of Elk River, Minnesota has
caused this Consent to be executed effective the -9 -74�-, y of Apri 1, 2017.
ECONOMIC DEVELOPMENT AUTHORITY OF THE
CITY OF ELK RIVER, MINNESOTA
By
Its
By
Its
STATE OF MINNESOTA )
SAet/bu ) ss.
COUNTY OF
The fore oink instrument was acknowledged before me tliisL� dlqv, of 2017, by
06L r) P, fore
the President and 06(0, N�IDAie Executive Director of
Economic Development Authority of the City of Elk River, Minnesota, a public body corporate and
politie under the laws of the State of Minnesota, on behalf of the public body.
A-,, JENNIFER 0, JOHNSON
Notary Public
Minnesota
MY COMMIssiOn Expires is
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
498438v1 CBR ELI 85-36