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Houlton Farm Planning Committee Meeting 2015-03-20City of Elk _. River I. CALL MEETING TO ORDER 2. CONSIDER AGENDA 3. CONSIDER MINUTES Regular Meeting Houlton Farm Planning Committee AGENDA 4. DISCUSSION ITEMS No action to be taken now. Action may be taken in the future. 4.1 Presentation by DNR on Draft Hunting Plan 4.2 Houlton Citizen Interest List 4.3 Official Name for Property 4.4 Governing Documents 4.5 Buildings 4.6 May Meeting Date 5. ACTION ITEMS 5.1 None 6. ADJOURNMENT Monday, March, 30, 2015 5:30 p.m. Elk River City Hall Meeting Protocol ■ No sidebar discussions • No interruptions ■ State your concern • Ensure you understand ■ Don't take things personally ■ Adhere to time limits • Come prepared ■ Ensure all are heard This agenda is available in alternate formats upon a 72 hour advanced notice. Auxiliary aids and services are also available upon a 72 hour advanced notice. Please contact the City Clerk at 763. 635. 1000 to make a request. Examples of alternate formats may include: large print, Braille, audio tape, etc. Examples of auxiliary aids may include a sign language interpreter, assistive listening device, etc. P o w E B Ell I r NATURE Houlton Planning minutes February 23, 2015 Chair Wilson, Members Olson, Anderson, Seeger,Benkofstke, Barnhartv.N Others in attendance, Bob McGillivray from The Trust for Public Land, Tom Lewanski from Friends of Mississippi River Wilson called the meeting to order at 5:34 Schreifels arrived at 5:40 4.1 and 4.2 Review of History McGillvry reviewed the history with the Trust for Public Lands interest in the parcel. He introduced Tom Lewanski, Friends of the Mississippi River. Bob noted the rules, regulations, and expectations associated with his organizations involvement in the land. Lewanski noted his organizations acquisition of 50,000 in funding to complete the plan, and start implementation. This includes removing buildings, provide funding for signage and parking. The funds must be used specific to this park. The City will need to make periodic reports on the use and progress on the park and plan. Lewanski discussed water quality and stewardship practices employed, Anderson noted that he would like the final plan presented to the Park Commission and possibly the City Council once completed. He asked what is needed to pursue additional funds. Letters of support from local legislators would be helpful. 4.3 Official name discussion. McGillivray noted that the name should not include the work Park, as it contains a lot of baggage and would negatively impact future Lessard Sams funding. Wilson concurred, noting it might send a mixed message with respect to hunting and the general use of the property. Discussion followed, including whether to have a contest, who to open it up to, the history of contests in ER, and whether, and to what extent, parameters be placed on the contest Anderson suggested a contest, without the use of the term park. He suggested Benkofstke, and Seeger form a subcommittee to iron out the details. 4.4 Governing Documents -. Tabled to March 4.5 DNR meeting. It was noted that in March, the DNR would be present to discuss hunting, including setbacks. Being no further items to discuss, Wilson adjourned the meeting at 7:00 pm. v U ON N V Q .-� 00 ,L4 O r M N r i N M � r O v O O �; AaVx Z w' v) rq ch V Ln 00 C9 '00 00 00 Nj a�+ 0o M M r7 N 0Q 4 y Ln op N r r r v U ON N V Q .-� 00 ,L4 O r M N r i N M � r O v O O �; AaVx Z w' v) rq ch V Memorandum of Understanding Between Friends of the Mississippi River And The City of Elk River, Minnesota This Memorandum of Understanding (MOU) establishes a partnership between Friends of the Mississippi .River (FMR) and the City of Elk River, Minnesota for the purpose of developing a Natural Resource Management Plan (NRNP) for the Houlton Farm & Bailey Point Nature Preserve. Together, the Parties enter into this Memorandum of Understanding to mutually iinprDve the habitat of the Houlton Farm & Bailey Point Nature Preserve. Accordingly, FMR and the City of Elk River operating under this MOU agree as follows: 1. PURPOSE AND SCOPE Whereas, FMR has an interest in improving the habitat values of the Houlton Farm & Bailey Point Nature Preserve; and Whereas the staff of FMR have the technical knowledge and experience to effectively develop a NRMP for and to conduct ecological restoration on the Houlton Farm & Bailey Point Nature Preserve; and Whereas, the FMR has been awarded a $160,000 Outdoor Heritage grant from the State of Minnesota, that can be utilized to cover some of the expenses associated with the development of a NRMP for the Houlton Farm & Bailey Point Nature Preserve & to begin to implement said plan; and Whereas, The City of Elk River agrees to pay FMR up to $10,000 to complete a NRMP for the Houlton Farm & Bailey Point Nature Preserve; and Therefore, in consultation with Staff from the City of Elk River, FMR agrees to develop a NRMP for the Houlton Farm & Bailey Point Nature Preserve. 11. Deliverables FMR will develop a document (NRMP) that describes the site features and potential for ecological restoration. Existing natural resource information will include geology, soils, wetlands, historic plant communities, plant survey information, and existing land cover as well as context of the site from a landscape perspective. The ecological conditions will be described for each land cover, with maps showing locations of exotic and rate species, and ecological features and concerns. General restoration and management recotmendat'tons will be described for each land cover type, as well as the restoration potential (relative ease of restoration), priority, and general cost estimate. 111. Responsibilities Each party will appoint a person to serve as the official contact and to coordinate the activities of each organization in carrying out this MOU. The initial appointees of each organization are: Friends of the Mississippi River Torn Lewanski, DPA Conservation Director 360 North. Robert Street, Shite 400 St. Paul, MN 55101 651-222-21.93 Ext 12 dewanski@finr org The City of Elk River Michael Hecker Parks and Recreation Director 13065 Orono Parkway Elk River, MN 55330 763-635-1161 MHecker a@1IkRiverMN.gov The partnering organizations agree to the following tasks for this MOU: FMR will• • Develop a NRMP for the Houlton Farm & Bailey Point Nature Preserve and provide copies of the plan to the City of Elk River and FMR • Consult with staff from the City of Elk River while developing this NRMP. ■ Provide one invoice when the NRMP is completed. FMR will invoice the City of Elk River directly for actual expenses devoted to the project up to the maximum amount of $14,000. The City of Elk River will:- ■ Provide shape file(s) of all of the land included in the NRMP. ■ Review and provide comments on a draft version of the NRMP. ■ Pay the invoice promptly upon receiving it. 2 IV. Terms of Understanding The term of this MOU is for a period of 1 year. Changes to this MOU must be in writing and signed by the official contacts from both organizations. Authorization On behalf of the organization I represent, I agree to fulfill my responsibilities outlined its this MOU. ey Clark x eecntive Director Friends of the Mississippi River 4 i of Ells 'ver John J. Dietz Mayor Tina Allard City Clerk Date OaoLols Date �lao Date OCT 2 7 2014 DONATION AGREEMENT THIS DONATION AGREEMENT C Agreement'), .having an Effective Date of October 6, 2014, is entered into by and between THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Minnesota as The Trust For Public Land, Inc. ("Seller") and THE CITY OF ELK RIVE corporation under the laws of the State of Minnesota ("Buyer"). 1VIIIV1vESOTA, a municipal RECITALS: A. The addresses and telephone numbers of the parties to this Agreement are as follows. Telephone numbers are included for information only. SELLER: BUYER: The Trust for Public Land The City of Elk River 2610 University Avenue, Suite 300 13065 Orono Parkway St. Paul, MN 55114 Elk River, MN 55330 Attn: Bob McGillivray Tel: (651) 999-5307 Attn: Calvin Fortner Fax: (651) 917-2248 Tel: (763) 635-1001 Fax: (763) 635-1090 With copies to: With copies to: The Trust for Public Land 2610 University Avenue, Suite 300 St. Paul, MN 55114 Attn: Mike Zender - Tei: (651) 999-5319 Fax: (651) 917-2248 Tel: _ Fax: B. Houlton Olson Family, LLLP ("Current Owner") is the owner of certain real Property in Sherburne County, Minnesota legally described on Exhibit A attached hereto and incorporated herein by this reference. Said real property, and any and all improvements, fixtures, timber, water and/or minerals located thereon and any and all rights appurtenant thereto including but not limited to timber rights, water rights, grazing rights, access rights and mineral rights, shall be referred to in this Agreement as the "Property" or the "Subject Property." C. Seller has proposed to acquire the Property from Current Owner. D. Seller desires and Buyer agrees to receive the Property from Seller by Donation upon Seller's acquisition of the Property from Current Owner in accordance with the terms and conditions set forth in this Agreement. 178009v4 NOW THEREFORE, IN CONSIDERATION OF TEN AND 00/100 DOLLARS ($10.00) AND OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. Donsffiop. Seller agrees to convey to Buyer and Buyer agrees to receive such conveyance from Seller of the Subject Property on the terms and conditions set forth herein. 2, pnr mase Terms. The purchase price (the "Purchase Price") for the Subject Property shall be $0.00. 3. co—sting-emeies. (a) Seller Contingencies. Buyer acknowledges that Seller does not presently own the Subject Property and that Seller's duties hereunder and Buyer's rights hereunder are both expressly contingent upon the acquisition by Seller of the Subject Property. In the event Seller does not acquire the Subject Property, from Current Owner this Agreement shall terminate, and thereafter neither party shall have any further obligations hereunder. (b) Buyer Contingencies. (i) The representations and warranties of Seller set forth in this Agreement must be true as of the date of this Agreement and on the Closing Date, and Seller shall have delivered to Buyer at Closing a certificate dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date; (ii) Buyer determining on or before the expiration of the Inspection period that it is satisfied, in its sole discretion, with the results of matters disclosed by Buyer's inspection of the Subject Property and the EA Reports; (iii) Buyer determining that it is satisfied with the title to the Property; (collectively the "Buyer's Contingencies"). Buyer shall use its best efforts to satisfy Buyer's Contingencies prior to the Closing date. In the event that the Buyer's Contingencies are not met by the date of Closing, Seller shall have the option to terminate this Agreement or extend this Agreement by written notice to Buyer, which written notice shall specify the period of such extension. In no event shall this Agreement be extended for more than six (b) months after the Closing Date without a written amendment executed by both parties. 4. Condition of the Sub'ect Prone . (a) Buyer agrees that from the Effective Date through, to and including October 7, 2014, or such other date as provided herein (the "Inspection Period', Buyer may: 178009v4 2 (i) make an independent investigation of the physical condition of the Subject Property including but not limited to, the condition of the soil, the presence of hazardous materials or contaminants, other physical characteristics, and compliance with any statutes, ordinances or regulations; (ii) study all aspects or circumstances of the Subject Property which Buyer deems material or relevant; and . (iii) make all inspections and verifications which Buyer deems necessary for the completion of Buyer's due diligence review for the transactions covered by this Agreement. Buyer shall be solely responsible for conductingan sole cost and expense, Seller has provided Buyer with a'P �� or tests r�� by law at its Prepared by Braun Intertec and an r hese 1 Environmental Site Assessment Should Buyer determine in its sole discretion resulting on�its �lestigati n of thnal studies e Subject Pro� ") and its review of the EA Reports that the condition of the Subject Pr JpY Buyer, prior to the expiration of theuyer y is unacceptable to its objections ("Objections"). In the event that SellerPeriod, unable to cause Bushall so fy Seller in writing of to be remedied, Buyer may elect to: (a) terminate this Agreement in which case Buyer shallObjectiohave no ns obligation to acquire the Subject Property, and the parties' obligations hereunder shall terminate or (b) Proceed to Closing, and accept title to the Pro not remedied. Buyer's failure to make timely Objections ones will co q'tu� Objection(s) �►' a oiver o sits rights which is to raise any objections hereunder and Buyer will accept title to the Subject o such conditions. Buyer may not disclose any information, including enrOnmentalblas subject t reports, Buyer obtains through the investigations and inspections performed in accordance with this Section unless required to disclose such required bylaw. information pursuant to a court order or as otherwise Before entering upon the Subject property to conduct the investigations Buyer shall notify Seller and Seller shall have obtained Current Owner's provided for herein; enter upon the Subject Property to conduct said invgations. If Buyer doession anyfor ex�Buyer bort Buyer agrees to restore the Subject proper, to its natural condition if Buyer's ac Subject Property is not consummated as .contemplated by this Agreement, quisition of the (b) Buyer agrees that Seller has made no representations or warranties with respect to the Subject Property except as set forth in this Agreement. (c) Buyer will not undertake any activity which will jeopardize Seller's efforts to acquire the Subject property, (d) Buyer agrees to accept the Subject Property "as is," in its present condition and/or as otherwise required pursuant to the terms of this Agreement, subject to 178009v4 all reasonable use, wear and tear, and deterioration of any kind in, of, or to the Subject Property. S. CT sin . Final settlement of the obligations of the parties hereto shall occur on or before November 15, 2014 (the "Closing"). In addition, the Closing shall be delayed for any extension of the Inspection Period or, any period of time that Seller is attempting to cause the cure of any objections raised by Buyer pursuant to Sections 4 or 6. This transaction shall be closed in escrow with Land Title, inc., Attn: Larry Mountain ("Escrow Holder") in accordance with the general procedures then in use by Escrow Holder, with such additional special procedures as may be required to conform with the terms and conditions of this Agreement. The cost of the escrow and closing fee shall be paid by Seller. 6. 'hde. Seller shall by limited warranty deed convey to Buyer its interest in the Subject Property, subject only to the following: CI) any federal, state or local laws, ordinances, regulations and/or orders whatsoever; (ii) the lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year,of closing which by the terns of this Purchase Agreement are to be paid or assumed by the Purchaser, (iii) such other title objections and exceptions as may be waived by Buyer; (iv) any restrictions or conditions required by any entity providing grants or funding for the acquisition of the Property, and (v) the standard printed exceptions on the form of title insurance issued pursuant to Section 7. ' The -foregoing shall be referred to collectively as "Permitted Exceptions." Seller has delivered to Buyer a copy of the commitment for title insurance issued by Escrow Holder committing the company to issue an Owner's Policy insuring title to the Subject Property in Seller. Buyer may obtain a title commitment from Escrow Holder committing the company to issue an Owner's Policy insuring title to the Subject Property. in Buyer. On or before October 7, 2014, Buyer shall advise Seller in writing of any exceptions other than the Permitted Exceptions which Buyer will require to be removed on or before Closing (such exceptions which are not Permitted Exceptions missible Exceptions"). In the event being hereafter referred to as "imperSeller is unable to cause current Owner to remove any such Impermissible Exceptions by Closing, Buyer may elect to terminate this Agreement in which case Buyer shall have no obligation to purchase the Subject property and the parties' obligations hereunder shall terminate. If Buyer fails to notify Seller of any objection to exceptions in the time period provided herein, Buyer shall be deemed to have accepted all matters set forth in the title commitment and the same shall be deemed Permitted Exceptions. 17s009v4 4 7 Title Insurance. Buyer may, at its option, and at Seller's cost and expense Procure a standard owner's policy of title insurance Seller's interest in the Subject Pro from the Escrow Holder insuring that exceptions which area party is vested in Buyer upon Closing, subject to the `for the base acceptable or are deemed acceptable pursuant to Section 6. Seller shall pay Premium, but not for endorsements to the policy. 8• Seller's Promise not to Further Encumber. Seller shall not, without written consent of Buyer, make any leases, contracts t the prior the Subject Property which would in any manner eons or agreements whatsoever affecting and deliver title as agreed herein Pede Seller's ability to perform hereunder 178o09v4 9• Seller's Re resentations. Seller makes the following representations: (a) At Closing, Seller will have the power to sell, Seller's right, title and interest itransfer and convey all of n and to the Sub Pro terms and conditions of this Agreement. Pew m acc°rdance with the (b) Seller represents and warrants that it is not a "forei co in Section 14.45 of the internal Revenue Code. Seller's � sited States Taxpas ayer Identification Number is 23-7222333: (c) Well disclosure. [Check one of the following:] Seller certifies that Seller does not know of any wells on the Property. ._x_ Wells on the Property are disclosed by Seller on the attached Well (d) Disclosure of individual the following;) on-site sewage treatment system [Check one of Seller certifies that Seller does not know of any individual on-site sewage A Individual on-site sewage treatment systems on the property are disclosed by Seller on the attached Disclosure form. (e) Protected Historical Sites. [Select either one of the following:] r i X Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the Property that might be protected by law. To Seller's knowledge, the property does not have an. ! Indian burial grounds, other human burial Y American earthworks, historical materials, and/or other a heologirer sites al that are Protected by federal or state law. City's obligation to close is contingent upon City determining to City's satisfaction that the 5 property does not have any American Indian burial grounds; other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. 10. Closin Documents. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the "Closing Documents"): (a) Limited Warranty Deed. A Limited Warranty Deed m recordable form and reasonably satisfactory to Buyer. (b) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or the property, that there has been no skill, labor bankruptcies against or involving Seller or or material furnished to the PAY for which payment has not been made or for which mechanic's lima could be filed; and that there are no other unrecorded interests in the Property. (c) Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their. counsel, Properly executed by Seller, containing such information as shall be required by the Internal Revenue Code, and the regulations issued there under, in order to establish that Seller is not a "foreign person" as defined in §1445(f)(3) of such Code and such regulations. (d) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. (e) Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance true to form for recording - (f) Certification. A certification that the representations and/or warranties made by Seller is materially the same as were in existence on the date of this Agreement or noting any changes thereto; ly (g) Other Documents. AllOther be necessary tottransf and proevfde title bnsurance y either party or the title insurance company for the Property. . 11. Proration. Closin Ex ,ss and Fees. Real estate taxes due and payable in 2014 and 2015 (estimated if necessary) will be paid by Seller. Special assessments, levied, pending or constituting a lien against the Subject Property, if any, will be paid by Current owner. Current Owner is responsible for paying any additional taxes, penalties and interest, including but not limited to compensatory or roll back taxes, on the Subject Property arising from the termination of a preferential tax classification of the Subject Property. Current Owner 178009A 6 shall pay on Date of Closing or provide for payment of any deferred real estate tax (including "Green Acres" taxes under Minn. Stat. § 273.1.11) payment of which is requ>red as a result of Closing of this sale and the recording of the Deed. Provision for a the payment into escrow of 1.5 times the estimated payoffamount of the deferred taxes. Any documentary tax or real property transfer tax arising out of the conveyance of the Subject Property shall be paid by Seller. The escrow and closing fee(s) charged by Escrow Holder shall be paid by Seller. Other fees and charges not otherwise allocated in this Agreement shall be paid by Seller. 12. —Nod ces. All notices pertaining to this Agreement shall be in writing delivered to the parties hereto Personally by hand, telecopier, courier service or Express Mail, Or by first class mail, postage prepaid, at the addresses set forth in Recital A. All notices shall be deemed given when deposited in the mail, first class Postage delivered b hand, p° g Pr�al� addressed to the party to be notified; or if Y d, telecopier, courier service or Express Mail, shall be deemed given when delivered. The parties may, by notice as provided above deli notice shall be given. grate a different address to which 13. Attornovs, Fees. If any legal action is brought by either party to enforce any provision of this Agreement, the Prevailing reasonable attorneys, fees and court costs in psucchh amounts as shall be shall be allowed tled to recover by the court partym the other 14. Remedies U n Default. In the event Buyer defaults in the erfonnan of Buyer's obligations under this Agreement, Seller shall, in addition and hof any remedies provided in this Agreemenother t, including the right to retain Deposit, or at law or in equity, ; have the right of specific performance against Buyer. In the event Seller defaults in the Performance of any of Seller's obligations under this A and all other remedies greement, Buyer shall, in addition to any provided in this Agreement, or at law or in equity, have the right of specific performance against Seller. 15. No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with this Agreement or the Agreement. In the event any person asserts a claim for a broker's acommissionn orrn col ated finder's feby e against one of the parties to this Agreement, the party on accounf of whose conduct the claim is asserted will hold the other party harmless from said claim. 16. Time of the Essence. Time is of the essence of this Agreement 17. Binding on Successors. This Agreement shall be binding not only upon the Parties hereto, but also upon their heirs, personal representatives, assigns, and other successors in interest. 18. Additional Documents. Seller and Buyer agree to execute such additional documents, including escrow instructions, as may be reasonable and necessary to cavy out the Provisions of this Agreement. 178009v4 7 19. Ass, IZ invent. Neither Buyer nor Seiler may assign their respective interests under this Agreement without the written consent of the other. 2U. E>rrtlre Aeemeat� lVloclifcation; Waiver. This Agreement constitutes the entire agreement between Buyer and Seller pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, not shall any constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 21. Connteoarts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the sane agreement. In audition, facsimile, .pdf or photocopy signatures of or on behalf of either Buyer or Seller shall be satisfactory to both Buyer and Seller. 22. SeverabEach provision of this Agreement is severable from any and all other .provisions of this Agreement. Should any provision(s) of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect. 23. Goy_erning�kgw. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 24. Aueg ee of Deed. - The acceptance by Buyer of the deed shall be, deemed to be full performance by Seller of, and shall discharge Seller from, all obligations hereunder and Seller shall have no further liability hereunder. 25. Risk of Less. All risk of loss shall be with Seller until Closing. in the event the Subject Property is destroyed or damaged in a manner that results in a material loss of value of the Property prior to Closing, Buyer shall have the right at its option to terminate this Agreement by written notice to Seller, in which case this Agreement shall terminate, and the parties shall have no further obligation to each other hereunder. 26. Condemation. In the event of a taking of all or any part of the Subject Property under the power of eminent domain prior to the Closing, Buyer shall "proceed to Closing with an assignment by Seller of all Seller's right, title and interest in and to any and all such awards and proceeds. 27. Possessi Seller shall deliver possession of the Subject Property concurrently with Closing in accordance with Section 4(d), Section 6 and Section 31. 28. Buyees Representation. Buyer represents that it has full power and authority to enter into this Agreement and the person signing this Agreement for Buyer has full power and r7soosv4 8 authority to sign for Buyer and to bind it to this Agreement. 29• Miscellaneous. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the business day which is not a Saturday, Sunday or legal holiday. «% - next be used herein shall mean all days which are not on a Saturday, Siuidat y or legal holidausiness ys as may y anent 30. Si na e. The parties agree that for recognition of the role of Seller and its funding o IiPa on the his hem said 1 provide subject to the approval of Seller. This section shall survive the delivery of the deed. signageg 31. Current Owner's W_ rats. During the Term hereof right to remove all or a portion of the irrigation , Current Owner shall have the Clurent Owner shall have fifteen 13 da sY 1°sated on the Property. In addition, Property, leaving them in "broom clean" condition, dClosingshall have the vacate the br��gs located on -the 0 5) 'day period to continue to remove the irrigation system, ght during said fifteen IN WITNESSof the foregoing provisions the parties have executed Anent as of the date set forth below. and delivered this SELLER: THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to conduct business in Minnesota as The Trust For Public Land, Inc. By. Name:,- c� Title: Date: 178009v4 9 BUYER: THE CITY OF ELK RIVER, a municipal corporation under the laws of the State of Minnesota By; Name: Title: Date: Bj. Name: Title: Date:_ (� EXHIBIT A (Legal Description) The following real property located in the County of Sherburne, State of Minnesota, legally described as follows: 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, Jahn 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 Beginning at the Northwest that part thereof lying within the following described PrOP rty: the West line of corner of said Government Lot 5; thence North, assumed bearing, along Minnesota, a Government Lot 1, Section 33, Township 33, Range 2b, Sherburne County, distance of 130.50 feet; thence East at right angles a distance33 de f degrees 24 minutes 34 seconds West 556.50 thence South 47 degrees 29 minutes East a distance of 247.53 feet; thenceSouthgr a distance of 491 feet, more or less, to intersect amine f Government Government line of said ent Lot 5 to intersect the West thencethence Northwesterly along said Southwesterly 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 beginni0g. Lots i, 2, 3 and 4, Block 6, of the recorded plat of Orono, Sherburne County, Minnesota Lot 5 and the :easterly half Qf 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 Ralf of the Southeast Qaartet' of Section 33, Township 33, Range 26, Sherburne County, Minnesota lying southerly of the thread of the Elk !river. AND Range 26, That part of the East Half of the Southwest Quarter of Sectio at the Southwest 33, nship33, of said Sherburne County, Minnesota, described as follows: Beginning 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 »soo9V4 10 Orono, as measured along the easterly line of Pine Street,• the southerly line of said Block 7, a distance of 99 f thence easterly on a line westerly line of said Lot 1 to the southerly line of said 7 northerly parallel with southerly line of Said Block 7 #o the southwesterly corner of Lot 3 parallel with the at right , thence easterly along the angles 66 feet; thence oteagerly , said Block 7, thence southerly Of 98.91 feet to the hen Parallel with the southerly line of said Block 7 a distance Block 7, as m southerly extension of the easterly line of the westerly half of Lot 4, said measured along the northerly and southerly lines of said Lot 4; thence northerly along said southerly extension to the southerly line of said southerly line of said Block 7 to the southerly corner said Block 7, thence Y ence easterly along the southwesterly corner of Block 6, said plat of Orono; thence easterly to the said Block 6 and its easterly extension to easterly along the southerly line of thread of the Ells River #o the East line of sheaid d of the Elk River; thence easterly along the along said East line of the East Half of the Southwest Quarter; thence south Half of the Southwest l=ast Half the Southwest Quarter to the South Southeast Quarter, thence west along the South line of said east mer of said East Quarter to the point of beginning, East Half of the AND That part of Government Lot 1, Section 33, Township Minnesota, described as follows: Be ' 33, Range 26, Sherburne County, thence north .along the West line of saiddGGov at the Southwest comer of said Gov deflecting 90 de went Lot 1, a di Government Lot 1, gees to the right, a distance of 536.50; thence nStance o deflecting .50 feet; thence east minutes 03 seconds on a line run to the north 3' g 90 degrees 32 a distance of 253.01 feet to its easterly comer of Block 13 of the plat of Orono, a vacated in point of intersection with the center line of Third Street (now southerly extension of th�easterlh line easterly along the center line of said Third Street to the southeasterly corner of said Block 1 • th Block 14 in said plat of Orono; thence northerly to the said Block 14 to the easterly along the extension of the :southerly line of easterly line of Walnut Street in said plat of Orono (now known Street); thence northerly along the easterly line of said Walnut Street to the so as Xenia ' Second Street in said plat of Orono; thence utherly line of the East line of said Government Lot 1; thence oulth along the the line of Second Street to I to. the Southeast comer of said Gov g East line of said Government Lot Government Government Lot 1; thence west along the South line of said described as follows: Be point of beginning. EXCEPT that part of said Gov Ing at the Southwest corner of said Gov Government Lot 1 North, assumed bearing, along the West line of said Gov moment Lot 1; thence thence East at right angles 556.50 feet; thence South 47 eMment Lot 1 a distance of 130.50 feet; of said Government Lot 1; thence west al degrees 29 minutes East to the South line Point of beginning. ng the South line of said Government lot 1 to the AND That part of Island F, as shown on a Certificate of SurveyPrepared Oliver & Associates, Inc., dated 8/5/05, and last revised 5 7, also known asRa ' Pte, John Race Island, as 178009v4 11 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. Township 33, Range 26, Sherburne County, That part of Government Lot 2, Section 33, nown as that art of Lot 2, Minnesota, lying westerly of the thread of the Elk River; also 1erly of the thread of the Auditors Subdivision No. 3, Sherburne County, Minnesota, lying Elk River. 32, Range 26, Sherburne County, Minnesota. Government Lot 1, Section 5, Township AND Lots 2 and 3 , Section 5, Township 32, Range 26, Sherburne County, That part of Government ed plat of Mississippi Oaks Second Addition and lying Minnesota, lying easterly of the record 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 8/5105 and last revised 1/15/07. Section 32, Township 33, Range 26, Sherburne County, That part of Government Lot 1, Minnesota lying easterly and southerly of the thread of the Mississippi River backwater, the thread being the common line with Mississippi Oaks Third Addition, and lying Y . line of the recorded plat of Orono Hills Additio southerly extension of the West n AND That :part of Government Lot 1 and Government �e 2��� pia , ofOrono 33, Range 26, Hills Addition, Sherburne County, Minnesota, lying southerly of lying easterly of the southerly extension of the, West utheasterl line Lot Hillsno , Block 2, said Orono southerly of the southwesterly extension of the so Y Hills Addition. 17809sVa 12 ('�N, 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.: 511859 Enclosed herewith please find the following: Owner's Policy 0-9301-003364251 Recorded Warranty Deed, Document No. 50689 4 L A N D T I T L E service beyond the expected 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 , �., ..o,...�.�.., � �........ ......... ......� oe......�..,, w.��.�.�.... ,.. ........... � �,,..,�. �... M.�w ....., ........,, ..........,....�.. .ter. �..-........ . �.... ........ .. .,...�.. ..�...... ,,.... r...r. ...N......,.� � ..,...,.. ALTA Owner's Policy (6-17-06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY E stewart r --We guaranty company Any notice of claim and any other notice or statement In writing required to be given to the Comparry under this Policy must be given to the Company at the address shown in Section IS of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy 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 (i) 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 property 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 properly 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, permit, or 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 binding on the rights of a purchaser for value without Knowledge. .t a wadt Ch®im,en d the B." "' ` - M` `e Pie.der4 t 0 Ai Aur lI Counte ure Land Title. tnc. Company Roseville, Minnesota _ City, State Pky of Pool0-9301-003364251 Sena[ Nn. ALTA Owner's Policy (6117106) COVERED RISKS (Continued) Titre being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an altemative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as, shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bank- ruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (h) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor, 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records Subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibit- ing, or relating to () the occupancy, use, or enjoyment of the Land; (i) the character, dimensions, or location of any improvement erected on the Land; (Iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regu- lations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; DEFINITION OF TERMS The following terms when used in this policy mean: (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A CONDITIONS (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or deceased by Sections 10 and 11 of these Conditions. (b) "Date of Policy': The date designated as "Date of Policy" in Schedule A (c) "Entity". A corporation, partnership, trust, limited liability company, or other similar legal entity. (cl) "Insured": The Insured named in Schedule A (I) The tern "Insured" also includes (A) successors to the Title of the Insured by operation of law as distingIuished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both w hollywined by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Page 2 Insured named in Schedule A for estate planning purposes. () With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive know- ledge or notice that may be Imputed to an Insured by reason of the Public Records or arry other records that impart constructive notice of matters affecting the Title, (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notioe of matters relating to real property to purchasers for value and without Know- ledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the derk of the United States District Court for the district where the Land is located. (j) 'Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 0 K� 4. 5. 6. CONDITIONS (Continued) CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or con- veyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either () an estate or interest in the Land, ora an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing () in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of tide or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or si ti the Tide, as insured, is *clad as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at Its own cost'and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. it shall not be Gable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take arty appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and ('u) in any other, lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required 'cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liala ty or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the, Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required In this subsection, shall tenrenate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (t) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were author- ized by the Company up to the time of payment and that the Company is obligated to pay; or (i) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(1) or (ii), the Companys obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered 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 Policy shall not exceed the lesser of (i) the Amount of insurance; or n the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (1) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b); the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, Tien, or encumbrance, or cures the lade of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obli- gations with respect to that matter and shall not be Gable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (°Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may Include, but are not limited to, any controversy or daim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY AN Payments under this polity, except payments made for costs, attorneys, fees, and expenses, shall reduce the Amount of Insurance by the amount 16. of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company 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 subject or which is executed by an Insured after Date of Policy and which Is a charge or lien on the Titie, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any penton or proPerty, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights 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 Companys right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instru- ments that address subrogation rights. LIABILITY LWrED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire polity and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Titre or by any action asserting such claim shah be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any tirne is made a part of this policy and is subject to all of its terns and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (e) modify any prior endorsement, (ih) extend the Date of Policy, or (n) increase the Amount of Insurance. SEVERABILITY 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 include that provision or such part hell to be invalid, but all other provisions shall remain in full force and effect. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the juris- 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 enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of taw principles to determine the appli- cable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT 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 Claims Department, P.O. Box 2029, Houston, Texas 77252-2029. Page 4 Fstemra�"t' Utle 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. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION 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 Owners 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.) S. 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 2006-2009 American Land Title Association. All rights reserved. AM_E_RICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION 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 2006-2009 American Land Title Association. All rights reserved. AelEMCAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION 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 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 Jine 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. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members 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 AMERICAN LAND TITLE ASSOCIATION j• n 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 2006-2009 American Land Title Association. All rights reserved. AME LAN D TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION 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 Sherburne_. County, Minnesota January 05, 2015 No Delinquent Taxes Transfer Entered Deed Tax $1.65 No CRV Required Current Year Taxes Paid Diane Arnold County Auditor/Treasurer Bonnie Jacobs, Deputy 75-0041000 LIlVIYM WARRANTY DEED STATE DEED TAX DUE HEREON: $ i , 0; Date: Decemberli 2oM Document No. 50689 January 05, 2015 10:42 AM Fee: $46.00 Certified filed and or recorded on above date: MICHELLE ASH REGISTRAR OF TITLES SHERBURNE County, MN CERTIFICATE: 9999.0 For good and valuable cOnSideration, TSE TRUST FOR PUBLIC LAND, a nonprofit public benefit corporation under the laws of Califomia authorized to do business in Mmewta as The Trust for Public Land, Inc-, Grantor, hereby conveys and quitclaims to TSE CITY OF ELK RIVER, MN MOTA, a mummPal. corporation undertbe laves ofthe State oflvfinnesota, Grantee, real property is Sherburne County, Minnesota, descnbed as follows: See Eahibiit A attached hereto and incorporated herein by this reference together with all hereditaments and apps belonging thereto. Grantor covenants and represents that: (1) This Deed conveys m%n acquired title; and (2) Grantor has not made, done, executed or suffered any act or thing whereby the abovo- described property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or encumbered in any manner, and Chutor will warrant the title to the above-descn'bed Property against all persons claiming the same from or through GranWr as aresult of any such actor thing, EXCEPT: easements, restrictions and reservations of record The Grantor certifies that Grantor is familiar with the property described in ibis 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. THE TRUST FOR PUBLIC LAND ` By. Its:+ • l'�c �f��azrc!' ACKNOWLEDGAUM STATE OF NflNNESOTA ) ) ss - COUNTY OF �'-"�_ ) The foregoing instrument was arlmowledged before me this 16kt, of December, 2014, by � the _ fc,,;,,. PrAeur M'y►tj+„of The Trust for Public Land, a nonprofit public benefit corporation under the laves of California authorized to do business m Minnesota as The Trust for Public Land, Inc., on behalf of the corporation. LARRY MOUNTA{N NOTARY•PUSX - MINNESOTA h -,y; MY Commission Expires '..MA" January 31. 2020 v z THIS INSTRUMENT WAS DRAFTED BY: The Trust for Public Land ovp 2610 University Avenue, Shite 300 St Paul, MAT 55114 Signature Of Person Taking Aol=Medgment Tax Statements for the real property described in this instrument should be sent to (include name and address of Crrantee): The City of Elk River 13065 Orono Parkway Elk River, MN 55330 Atte: Calvin Portuer, 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 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. Nj 0 CL 'A ,,r' C1 z ve ELK RIVER CONSERVATION AREA fiv 4c*sq� • Archery Hunting throughout the area for: small game, waterfowl, turkey, deer. • Waterfowl Hunting shotgun area (highlighted on attached map) — on the Mississippi river • Shotgun Hunting open for special hunts: disabled hunters & youth mentored hunts • Deer Hunting — City of Elk River will run hunting similar to how it handles hunting within the city limits on private property ie. Backtags from a list of available bow hunters. • Trapping is closed on the entire site - open by permit only. • Small Game, turkey hunting, and waterfowl hunting will be on a first come basis. This will be accomplished by Parking space availability. The city will build a parking lot large enough to hold 12 spaces and after that lot is full any other hunters will have to wait for a space to open up. • Cano ce —Gate will be closed during the hunting seasons —so hunters will not park along road o e landing itself. This gate will remain open during the nonhunting seasons — so ,f major' o summer months this will be open for small boat, canoe and kayak landing. 4 V W La,,� - U? S� 1 on