IP #775EDA
REQUEST FOR ACTION
Originating Department
Approved for Agenda
Agenda Section
Community Development
6 -13 -05
EDA
Item No.
By: Kirk McDonald, Director of CD
Shawn Siders, CD S ecialist
BY:
5
PUBLIC HEARING AND PURCHASE AGREEMENT APPROVAL REGARDING A PROPOSED TRANSFER
OF REAL PROPERTY, 5207 PENNSYLVANIA AVENUE NORTH TO AVERY HOMES, INC.
(IMPROVEMENT PROJECT No. 775)
REQUESTED ACTION
This is a public hearing regarding the proposed transfer of city owned property at 5207 Pennsylvania Avenue
North to Avery Homes, Inc. Staff will give a short presentation and any comments from the public should be
taken during this meeting. At the conclusion of the public hearing, staff recommends that the EDA approve a
motion closing the public hearing and then approve a resolution authorizing the Mayor and City Manager to
execute the enclosed purchase agreement for the sale of the property to Avery Homes, Inc. for the
redevelopment of the lot into a single family owner occupied housing unit. If the purchase agreement is
approved, the property will be transferred to Avery Homes during the week of June 27, 2005.
POLICYIPAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the city. The City Council has been addressing the residential portion of this goal through the city's many
housing activities, including acquiring properties from willing sellers in designated redevelopment areas.
BACKGROUND
The EDA acquired the property at 5207 Pennsylvania Avenue North in November 2004. The house on the
property was demolished and the site prepared for redevelopment. City staff distributed redevelopment
specifications in April 2005 and at its meeting of May 23, 2005, the EDA selected Avery Homes, Inc. as the
preferred developer for the site.
Avery Homes submitted a house plan that proposed the construction of a two story homes with 2,406 square
feet of finished living space with an unfinished basement that would have the plumbing "roughed in" for
future expansion of the living space. The plans proposed the construction of an attached two car garage and
MOTION BY SE-O- GND-.BY TM y► ,�
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Request for Action June 13, 2005 Page 2
the existing 30'x30' garage on the site would be refurbished to match the existing home. The EDA selected
the plans submitted by Avery Homes with the following conditions:
1. The developer constructs a rear patio on the home.
2. The curb cut width is reduced to 24 feet so that it is in compliance with the New Hope City Code.
RECOMMENDATION
At the conclusion of the public hearing, city staff would recommend that the EDA close the public hearing
and consider the enclosed resolution approving the purchase agreement. The purchase agreement
contemplates the sale of the property to Avery Homes, Inc. for $75,000. Avery Homes has submitted an
executed copy of the purchase agreement as well as a $1,000 "earnest money" deposit. If the purchase
agreement is approved at the EDA meeting of June 13, 2005, the construction of the house must be
substantially complete by December 15, 2005.
ATTACHMENTS
o Resolution
o Purchase Agreement
o Avery Homes, Inc. proposal
RESOLUTION NO. 05 - 04
RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR
SALE OF PROPERTY LOCATED AT 5207 PENNSYLVANIA AVENUE
BE IT RESOLVED by the Economic Development Authority in and for the City of New
Hope (the "Authority ") as follows:
WHEREAS, the Authority is the owner of that certain real estate legally described as Lot
8, Block 4, Sunset Heights, Hennepin County, Minnesota and more commonly known as 5207
Pennsylvania Avenue (the "Property "); and
WHEREAS, it has been proposed that sale of the Property to Avery Homes, Inc. to
facilitate construction of a single - family dwelling thereon is in the best interests of the City of New
Hope and its people, and that the transaction furthers the Authority's general plan of economic
development; and
WHEREAS, the Authority has pursuant to Minnesota Statutes Section 469.105 and other
applicable laws and regulations called for and held a public hearing regarding such sale of the
Property and has accepted public comments, if any, made at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in
and for the City of New Hope that the President and Executive Director are authorized to enter
into a Purchase Agreement for sale of the Property to Avery Homes, Inc., the terms of which
agreement shall be substantially similar to those presented to the Authority on the date of this
Resolution.
Dated the 13`' day of June, 2005.
Attest/: All
Daniel J. Donahue, Executive Director
WINT
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P:\ ATTORNEY\ CMK \CLIENTS\CNH \99 - 113321003 -5207 PENNSYLVANIA AVE RESOLUTION AUTHORIZING PURCHASE AGREEMENT D2.DOC
___ . __ 06/02/2005 11:56 FAX 763 493 5193 JENSEN & SONDRALL, P.A. Q002
PURCHASE AND REDEVELOPMENT AGREEMENT
5207 Pennsylvania Avenue North
1. Parties. This Purchase and Redevelopment Agreement (the "Agreement ") is made on
June 13, 2005, between the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF NEW HOPE, a public body corporate and politic under the laws of
Minnesota having its office located at New Hope, Minnesota, (the "Seller "), and AVERY
HOMES, INC., a Minnesota corporation having its office located at 1465 West Medicine
Lake Drive, Plymouth, Minnesota, 55441 (the "Buyer ").
2. Offer /Acceptance. The Buyer offers to purchase and the Seller agrees to sell that certain
real property commonly known as 5207 Pennsylvania Avenue, which real property is
legally described as Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota (the
"Property ").
3. Acceptance Deadline. This offer to purchase, unless accepted sooner, shall be null and
void in the event that this offer is not accepted by the Seller no later than 11:00 p.m. June
13, 2005, and if this offer is not accepted by such deadline then all Earnest Money (as that
term is defined in Section 4 below) shall be refunded to the Buyer.
4. Price and Terms. The price for the Property is $75,000 (the "Purchase Price ") which the
Buyer shall pay as follows: Earnest money of $1,000 by cash or check, the receipt of
which is hereby acknowledged by the Seller (the "Earnest Money "), and the balance of
the Purchase Price to be paid by certified check or other cleared funds upon on the "Date
of Closing ", which for the purposes of this Agreement shall be July 14, 2005, or such
other earlier or later date as the parties mutually agree.
5. Personal Property Included in Sale. There are no items of personal property owned by
the Seller and currently located on the Property for purposes of this sale. Any materials
which constitute fixtures to the garage located on the Property are included in the
Property for purposes of this sale.
6. Deed. Upon performance by the Buyer of all pre - closing obligations required of the
Buyer under this Agreement, the Seller shall deliver a Quit Claim Deed conveying title to
the Property to the Buyer, subject to all conditions subsequent required by Sections 15, 16
and 17 below.
06 /02/2005 11:5 FAX 763 493 5193 JENSEN & SONDRALL, P.A. [a 003
7. Real Estate Taxes and Special Assessments.
A. Taxes. The Seller shall pay, on or before the Date of Closing all real estate taxes
due and payable in the year 2004 and prior years. Real estate taxes due and payable
in the year 2005 shall be prorated as of the Date of Closing between the Buyer and
the Seller.
B. Assessments Levied. The Seller shall on the Date of Closing also pay any special
assessments levied against the Property as of the date of this Agreement, including
those certified for payment with taxes due and payable in 2005.
C. Assessments Pending. The Seller represents that as of the date of this Agreement
there are no special assessments pending with respect to the Property. If a special
assessment becomes pending after the date of this Agreement and before the Date
of Closing, the Buyer may, at the Buyer's option:
1. Assume payment of the pending special assessment without adjustment to
the Purchase Price of the property; or
2. Require the Seller to pay the pending special assessment, in which case the
Purchase Price at closing of the transaction contemplated by this
Agreement shall increase by an amount equivalent to the estimated amount
of the pending assessment; or
3. Declare this Agreement null and void by written notice to the Seller, in
which case the Earnest Money shall be either: (i) retained by the Seller if
the estimated amount of the pending assessment is equal to or less than
$1,500.00, or (ii) refunded to the Buyer if the estimated amount of the
pending assessment is over $1,500.00.
8. Closing Costs and Related Items. The Seller shall be responsible for the following costs:
(a) recording fees and conservation fees for any instruments which might be required to
establish marketable title prior to transfer of such to the Buyer; (b) deed transfer tax and
conservation fees required to be paid in connection with the quit claim deed to be given by
the Seller pursuant to this Agreement; and (c) the cost of a title insurance commitment for
the Property. The Buyer shall be responsible for the payment of the following costs: (1)
recording fees required to be paid in connection with the quit claim deed to be given by the
Seller pursuant to this Agreement; (2) closing fee, if any, and (3) title insurance premium, if
the Buyer elects to purchase title insurance. Each party shall be responsible for its own
attorneys' fees and costs.
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06102/ 11:57 FA 763 4 5 193 JENSEN & SONDRALL, P.A. U004
9. Sewer and Water.
A. The Seller warrants that city water:
X is available at the front lot line
Melt
will be available at the front lot line by , 20_
B. The Seller warrants that city sewer:
X is available at the edge of the street pavement
OR
_ will be available at the edge of the street pavement
by , 20_.
C. The Buyer warrants that upon exposure of the end of the sewer stub during the
course of the Buyer's post- closing site preparation work, the Buyer or one of its
agents will call the Department of Public Works for the City of New Hope at 763-
592- 6777 and have the wye inspected before doing further work. If the wye is
found to be in poor condition, the'Buyer acknowledges that the City may require
the Buyer to replace the stub to the wye and the Buyer warrants that the Buyer will
comply with such request. If such replacement work is required, the Seller
warrants that the Seller will reimburse the Buyer for reasonable costs related to
such work as follows:
X Upon receipt of invoices providing itemized detail of the additional
work and expenses for replacing the sewer stub from the edge of
the street pavement to the wye, the Seller will reimburse the Buyer
for reasonable expenses related to this work. Buyer will submit
invoices to Shawn Siders at the Seller address listed above.
N/A Upon completion of the sewer stub replacement and backfilling
with acceptable granular material, the City of New Hope's street
maintenance crew will replace the street pavement at no cost to the
Buyer. The Buyer will coordinate this work through Shawn Siders
at 763 - 531 -5137.
10. Condition of Property. The Buyer acknowledges that the Buyer has inspected or has
had the opportunity to inspect the Property and the Buyer accordingly accepts the
Property "AS IS ". Notwithstanding the forgoing language, the Buyer has the right (at the
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06/02 FAX 763 493 5193 JENSEN & SONDRALL, P.A. IM005
Buyer's option and at the Buyer's sole expense) to take soil samples from the Property for
the purpose of determining if the soil is suitable for construction of the dwelling
described in Section 15 below. If the soil is reasonably determined by the Buyer to be
unacceptable for such construction then the Buyer may rescind this Agreement by written
notice to the Seller, in which case this Agreement shall be null and void and all Earnest
Money shall be refunded to the Buyer. THE BUYER ACKNOWLEDGES THAT,
EXCEPT AS SPECIFICALLY OUTLINED IN SECTION 9 ABOVE WITH RESPECT
TO UTILITIES, THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES
AS TO THE CONDITION OF THE PROPERTY.
11, Title Review & Objections. As soon as reasonably practicable after the date of this
Agreement, the Seller shall furnish to the Buyer a commitment for title insurance or (at
the Seller's sole option) a registered property abstract or an updated abstract of title to the
Property, certified to date to include proper searches covering bankruptcies, state and
federal judgment and liens. The Buyer shall have ten (10) business days after receipt of
the abstract or title commitment to examine the same and to deliver written objections to
title, if any, to the Seller.
12. Title Clearance In the event that the Seller in its reasonable discretion deems the Buyer's
title objections reasonable, the Seller shall (at the Seller's cost) proceed to correct all of
objectionable matters by the Date of Closing, or such later date as the parties may agree
to. However, if title to the Property cannot be made marketable or is not made
marketable by the Seller by the Date of Closing, then the Buyer (at the Buyer's sole
option) may either (i) declare this Agreement null and void by written notice to the Seller,
in which case neither party shall be liable for damages hereunder to the other, the parties
shall sign a cancellation of Agreement in the standard form used in the current market,
and the Earnest Money shall be refunded to the Buyer, or (ii) waive the objection(s)
remaining unaddressed, in which case the parties will proceed to closing.
Notwithstanding any of the forgoing language, if the Buyer raises a title objection which
the Seller in its reasonable discretion determines is unrelated to marketability of the
Property, the Seller shall have no obligation to correct such matter and the parties shall
proceed to closing.
13. Well Disclosure.
The Seller certifies that the Seller does not know of any wells on the property;
no
X Wells on the subject real property are disclosed by the Seller on the Well
Disclosure form included in Exhibit A attached hereto and made a part hereof.
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14. Individual Sewage Treatment System Disclosure.
X The Seller certifies that there is no individual sewage treatment system on or
serving the property;
OR
Individual sewage treatment systems on or serving the property are disclosed by
the Seller on the attached disclosure statement.
15. Construction of Dwelling. The Buyer agrees and covenants that the Buyer will construct
(or cause to be constructed) a new single - family dwelling on the Property. This covenant
shall survive the delivery of the deed.
A. The single - family dwelling described in this Section is referred to hereafter as the
"Minimum Improvements."
B. The Minimum Improvements shall consist of a new single- family dwelling, and
shall be constructed substantially in accordance with the Request for Proposal
Specifications attached hereto and made a part hereof as Exhibit B, the proposal
submitted by the Buyer to Seller attached hereto and made a part hereof as Exhibit
C.
_ In addition to the requirements outlined in Exhibits B and C, the Minimum
Improvements shall be constructed substantially in accordance with the conditions
of acceptance imposed by the Seller at the Seller meeting approving this
Agreement, which conditions are attached hereto and made a part hereof as
Exhibit D;
ma
_ The Seller did not adopt construction requirements /conditions beyond those
listed in Exhibits B and C.
C. Construction of the Minimum Improvements must be substantially completed by
December 15, 2005. Construction will be considered substantially complete when
a final certificate of occupancy has been issued by the City of New Hope Building
Inspector.
D. Promptly after substantial completion of the Minimum Improvements in
accordance with the provisions of this Agreement which relate solely to the
obligations of the Buyer to construct such Minimum Improvements (including but
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06/02/2005 11:58 FAX 763 493 5193 JENSEiti & SONDRALL, P.A. Q007
not limited to the date for completion thereof), the Seller will at the request of the
Buyer furnish the Buyer with a certificate of completion for such improvements
(the "Certificate of Completion "), which shall be (and it shall be so provided in
the deed required under this Agreement and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and covenants
relating to the obligations of the Buyer (and its successors and assigns) to
construct the Minimum Improvements and the dates for completion thereof.
The Certificate of Completion shall be in such form as will enable it to be
recorded in the proper office for the recordation of deeds and other instruments
that pertain to the Property. If the Seller shall refuse or fail to provide a
Certificate of Completion in accordance with the provisions of this Section, then
the Seller must, within thirty (30) days after written request by the Buyer, provide
the Buyer with a written statement outlining in reasonably adequate detail the
reasons that the Seller is of the opinion that the Buyer has failed to complete the
Minimum Improvements in accordance with the provisions of the Agreement, or
the reasons that the Seller is of the opinion that the Buyer is otherwise in default.
A writing required of the Seller under this Section must additionally outline the
measures or acts that will be necessary, in the opinion of the Seller, for the Buyer
to take or perform in order to obtain a Certificate of Completion.
E. The Buyer represents and agrees that at the time of the Buyer's signing of this
Agreement and at all times until issuance of the Certificate of Completion:
1. The Buyer has not made or created and will not make or create or suffer to
be made or created any total or partial sale, assignment, conveyance, or
lease, or any trust or power, or transfer in any other mode or form of or with
respect to this Agreement or the Property (or any part of the Agreement or
Property or any interest in the Agreement or the Property), or any contract
or agreement regarding any of the aforementioned actions, to any person or
entity (collectively, a "Transfer "), without the prior written approval of the
Seller's board of commissioners. Notwithstanding the foregoing language,
the term "Transfer' ' does not include encumbrances made or granted by way
of security for, and only for, the purpose of obtaining construction, interim
financing or permanent financing necessary to enable the Buyer (or any
successor in interest to the Property or any part thereof) to construct the
Minimum Improvements or any component thereof.
2. If the Buyer seeks to accomplish a Transfer before issuance of the
Certificate of Completion, the Seller shall be entitled to require as
conditions to such Transfer that:
a. any proposed transferee shall have the qualifications and financial
responsibility which are, in the reasonable judgment of the Seller,
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06/02/2005 11:58 FAX 763 493 5193 JENSEN & SONDRALL P.A. [a 008
necessary and adequate to fulfill the obligations undertaken in this
Agreement by the Buyer as to the portion of the Property to be
transferred; and
b. any proposed transferee, by instrument in writing satisfactory to the
Seller and in form recordable in the public land records of
Hennepin County, Minnesota, shall, for itself and its successors
and assigns, and expressly for the benefit of the Seller, have
expressly assumed all of the obligations of the Buyer under this
Agreement as to the portion of the Property to be transferred and
agreed to be subject to all the conditions and restrictions to which
the Buyer is subject as to such portion; and the Buyer specifically
agrees for itself and its successors that any statement, action or
inaction by a transferee of (or any other successor in interest
whatsoever to) the Property, or any part thereof, to the effect that
the transferee (or successor) shall not, for whatever reason, have
assumed obligations under this Agreement or so agreed, then such
statement, action or inaction shall not (unless otherwise
specifically provided in this Agreement or agreed to in writing by
an authorized representative of the Seller, and only to the extent so
provided in this Agreement or a separate writing by an authorized
representative of the Seller) operate to deprive the Seller of any
rights or remedies or controls with respect to the Property (or any
part thereof or the Minimum Improvements (or any part thereof) or
the construction of the Minimum Improvements (or any part
thereof); it being the intent of the Buyer and the Seller as expressed
in this Agreement that (to the fullest extent permitted at law and in
equity, and excepting only in the manner and to the extent
specifically provided otherwise in this Agreement or a separate
writing) no transfer of, or change with respect to, ownership in the
Property, or any part thereof, or any interest therein, however
consummated or occurring, and whether voluntary or involuntary,
shall operate, legally, or practically, to deprive or limit the Seller of
or with respect to any rights or remedies on controls provided in or
resulting from this Agreement with respect to the Property that the
Seller would have had in the event that there had been no such
transfer or change. In the absence of a specific written agreement
by the Seller to the contrary, no such transfer or approval by the
Seller thereof shall be deemed to relieve the Buyer (or any other
party bound in any way by this Agreement or otherwise with
respect to the Property) from any obligations with respect thereto.
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06/02/2005 11:58 FAX 763 493 5193 JENSEN & SONDRALL P.A. t'�].009
C. Any and all instruments and other legal documents involved in
effecting the transfer of any interest in this Agreement or the
Property governed by this subsection E. shall be in a form
reasonably satisfactory to the Seller.
3. If the conditions described in Subsection 2 above are satisfied, then a
Transfer will be approved and the Buyer shall be released from its
obligation under this Agreement, but such release shall apply only as to the
portion of the Property that is transferred, assigned, or otherwise
conveyed. The provisions of this Subsection 3 apply to all subsequent
transferors.
4. Upon issuance of the Certificate of Completion, the Buyer may transfer or
assign the Minimum Improvements and/or the Buyer's rights and obligations
under this Agreement with respect to such property without the prior written
consent of the Seller.
F. The Buyer agrees that (i) it will use the Minimum Improvements only as a single -
family dwelling, (ii) it will not seek exemption from real estate taxes on the
Property under State law, and (iii) it will not transfer or permit transfer of the
Property to any entity whose ownership or operation of the property would result
in the Property being exempt from real estate taxes under State law (other than any
portion thereof dedicated or conveyed to the City of New Hope or to the Seller in
accordance with this Agreement). The covenants in this Section run with the land,
survive both delivery of the deed and issuance of the Certificate of Completion for
the Minimum Improvements, and shall remain in effect for at least 30 years after the
Date of Closing.
16. Default/R.evesting Title in Seller upon Happening of Event Subsequent to Conveyance
to Buyer.
A. Buyer Default Before Closing. If title to the Property is not currently marketable
or is not made marketable as provided herein, then the terms of Section 12 above
shall apply. If title to the Property is currently marketable, or is made marketable
as provided herein, and the Buyer before closing defaults as to any of the Buyer's
obligations outlined herein, the Seller may elect either of the following options, as
permitted by law:
Cancel this Agreement as provided by statute and retain the Earnest
Money and any other payments made hereunder as liquidated damages; in
the event that payments made hereunder include a note, the parties
acknowledge their intention that such note is to be deemed a down
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payment note and may be presented for payment notwithstanding
cancellation of this Agreement;
2. Seek specific performance within six months after such right of action
arises, including costs and reasonable attorney's fees.
B. Seller Default Before Closing. If title to the Property is not currently marketable
or is not made marketable as provided herein, then the terms of Section 12 above
shall apply. If title is marketable, or is made marketable as provided herein, and
the Seller defaults as to any of the Seller's obligations outlined herein, the Buyer
may elect either of the following options, as permitted by law:
1. Seek damages from the Seller including costs and reasonable attorney's
fees;
2. Seek specific performance within six months after such right of action
arises.
C. Post - closing Default as to Construction of Minimum Improvements. In the
event that after conveyance of the Property (or any part thereof) to the Buyer and
before receipt by the Buyer of the Certificate of Completion there is a failure on the
part of the Buyer, subject to "Unavoidable Delays" (as that term is defined below),
to carry out any obligation with respect to construction of the Minimum
Improvements (including but not limited to the nature of the improvements and the
date for the completion thereof), or if the Buyer abandons or substantially suspends
construction work then the Seller shall have the right to re -enter and take possession
of the Property unless such failure, abandonment, or suspension is cured, ended, or
remedied within thirty (30) days after written demand from the Seller with respect to
the failure, abandonment or suspension. Upon such re -entry and re- taking of
possession the Seller may terminate (and revest in the Seller) the estate previously
conveyed by deed to the Buyer pursuant to this Agreement, it being the intent of this
provision together with other provisions of this Agreement that the conveyance of
the Property to the Buyer shall be made upon (and that the deed delivered in
connection with this Agreement shall contain a condition subsequent to the effect
that) the understanding that in the event of any default on the part of the Buyer with
respect to the Minimum Improvements and failure on the part of the Buyer to
remedy, - end, or abrogate such default within the period and in the manner stated
herein then the Seller at its sole option may declare a termination in favor of the
Seller of the title and additionally of all rights and interests of the Buyer (and the
Buyer's successors or assigns), and that the Seller may der declare that all of the
rights and interests in and to the Property (including any improvements or rights
subsequently added to the Property) shall revert to the Seller, but only if the events
stated in this Section have not been cured within the time periods provided above.
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Notwithstanding anything to the contrary contained in this Section, the Seiler shall have no
right to reenter or retake title to and possession of a portion of the Property for which a
Certificate of Completion has been issued.
For the purposes of this Agreement, the term "Unavoidable Delays" means delays beyond
the reasonable control of the Buyer and which are the direct result of strikes or other labor
troubles; damage to the Minimum Improvements due to prolonged adverse weather, acts of
God, fire or other casualty; litigation commenced by third parties which, by injunction or
other similar judicial action, directly results in delays; or acts of any federal, state or local
governmental unit (other than the Seller in exercising its rights under this Agreement)
which directly result in delays. The term "Unavoidable Delays" shall not include delays in
the Buyer's efforts to obtain permits or governmental approvals necessary to enable
construction of the Minimum Improvements by the dates such construction is required
under this Agreement.
17. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the
Seller of title to and/or possession of the Property (or any part thereof) as provided in
Section 16 above, the Seller shall apply the Purchase Price as follows:
A. First, to reimburse the Seller for all costs and expenses (including but not limited
to proportionate salaries of personnel) incurred by the Seller in connection with
the recapture, management, and resale of the Property or any part thereof (but less
any income derived by the Seller from the Property or part thereof in connection
with such management); all taxes, assessments, and water and sewer charges with
respect to the Property or part thereof (or, in the event the Property is exempt from
taxation or assessment or such charge during the period of ownership thereof by
the Seller, an amount, equal to such taxes, assessments, or charges [as determined
by the Seller assessing official] as would have been payable if the Property were
not so exempt); any payments made or necessary to be made to discharge any
encumbrances or liens existing on the Property or any part thereof at the time of
revesting of title thereto in the Seller or to discharge or prevent from attaching or
being made any subsequent encumbrances or liens due to obligations, defaults or
acts of the Buyer, its successors or transferees; any expenditures made or
obligations incurred with respect to the making or completion of the Minimum
Improvements or any part thereof on the Property or any part thereof; and any
amounts otherwise owing the Seller by the Buyer or its successor or transferee;
and
B. Second, to reimburse the Buyer for the balance of the Purchase Price remaining
after the reimbursements specified in Subparagraph A above. Such
reimbursement shall be paid to the Buyer upon delivery of an executed, recordable
warranty deed to the Property by the Buyer to the Seller.
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18. Time is of the essence for all provisions of this Agreement.
19. Notices. All notices required herein shall be in writing and delivered personally or
mailed to the address for the applicable party as shown in the introduction to this
Agreement and, if mailed, are effective as of the date of mailing.
20. Minnesota Law. This Agreement shall be governed by the laws of the State of
Minnesota.
21. No Broker Involved. The Seller and Buyer represent and warrant to each other that there is
no broker involved in this transaction with whom the representing and warranting parry has
negotiated or to whom the representing and warranting party has agreed to pay a broker
commission. The Buyer agrees to indemnify the Seller for any and all claims for brokerage
commissions or finders' fees incurred in connection with negotiations for purchase of the
Property and arising out of any alleged agreement or commitment or negotiation by the
Buyer, and the Seller agrees to indemnify the Buyer for any and all claims for brokerage
commissions or finders' fees incurred in connection with negotiations for purchase of the
Property and arising out of any alleged agreement or commitment or negotiation by the
Seller.
22. Specific Performance. This Agreement may be specifically enforced by the parties,
provided that an action is brought within six months of the date of alleged breach of this
Agreement.
23. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or
Buyer is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
24. No Merger of Representations, Warranties. All representations and warranties contained
in this Agreement shall remain separate from and shall not be merged into any instruments
or conveyance delivered at closing, and the parties shall be bound accordingly.
25. Recording. A Memorandum of Agreement in form and content reasonably acceptable to
the Buyer may at the option of the Seller be filed of record with the Hennepin County
Registrar of Titles or Office of Recorder, as the case may be. The Seller shall pay all
recording costs in connection with such memorandum.
Page 11 of 14
06/02/2005 11:59 FAX 763 493 51.93 JENSEN & SONDRALL, P.A. 0]013
26. Counterparts. This Agreement may be signed in counterparts, each of which is binding
upon the signing party when executed by that party and together which shall constitute a
single instrument.
[The Remainder Of This Page Is Intentionally Left Blank — Signature Pages Follow]
Page 12 of 14
06/02/2005 11:59 FAX 763 493 5193 JENSEN & SONDRALL, P.A. Z014
In witness of the foregoing, the parties have executed this Agreement as of the year and
date written above.
SELLER: Economic Development Authority in and for the City of New Hope
By: By: ' /
1Pre' Executive Direc or
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
The foregoing was acknowledged before me this /sue day of " Aj- 2005, by Martin
E. Opem Sr. and Daniel J. Donahoe, the President and Execut e Director of Economic
Development Authority in and for the City of New Hope, a public body corporate and politic
under the laws of Minnesota, on behalf of the Authority.
t
WaNal
Page 13 of 14
06/02/2005 11:59 FAX 763 493 5193 JENSEN & SONDRALL, P.A.
BUYER: Avery Homes, Inc.
By:
Michael E. Avery
President
STATE OF MINNESOTA
COUNTY OF HENNEPIN
} ss.
M
The foregoing was acknowledged before, me this D�in,-� of � 2005, by
� � , the of Avery Ho es, Inc. a Minnesota
corporation, 6n behalf of the corporation.
This document drafted by:
Jensen & Sondrall, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
PA Attorney \CmklClientslCNH \99 - 31332\5207 Pennsylvania Ave Purchase & Redevelopment Agreemcnt Mdoc
LINDA C. SVItE 'Sy
NOTARY PU9UC • MINNESOTA
MY CanM491M ExplW Jan. 31,.2010
Page 14 of 14
PROPOSAL TO THE ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF NEW HOPE (EDA)
5207 Pennsylvania Avenue North
Lot 8, Block 4, Sunset Heights Addition, Hennepin County, Minnesota
Construction of the house shall be completed by the builder as specified in the attached site sketch, floor plan and
building elevations, and in accordance with the "Specifications for Construction of a New Single Family House at 5207
Pennsylvania Avenue North. The house shall be completed no later than November 13, 2005.
Price to be paid by the builder for the subject property: 7 S, 000- 00
Builder Information: (Builder is required to be a licensed Residential Building Contractor by the state of Minnesota.)
Name: orne-s, Nt. State License Number: a00�j9 P19;
W'0 -0.e1 E. Aver
Telephone Number: - 7G3 - 5 Fax Number: 763 5 5 '7 - 01 Q 6
Address: 1465 W. lVlediC -142 L ike �r City I�ov _ State M � Zip S '/4/I
!
P"" , 5 gio5
Authoriz d Signa Date
Required Attachments and Additional Information:
Site Sketch showing the footprint of the proposed house (drawn to 1 " =20' scale on survey provided)
Floor plan of the proposed house (drawn to 1 " =8' scale) on 81/2" x 11" paper
V Elevations of all sides of the proposed house (drawn to 1 " =8' scale for all elevations) on 81/2" x 11" paper
Vr List of references
V The EDA will only sell lots to builders who have experience in house construction in Minnesota. Please list the
addresses of three houses you have built in Minnesota in the last three years:
4 5 :%L Ave N Crry +c' i M0 J
3. 15 -r"7`[ .S+ Am4rews Lcwe Nw 90'rAseyy a M N
RETURN THIS COMPLETED FORM WITH THE REQUIRED ATTACHMENTS TO:
KIRK MCDONALD
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
NOTE: PROPOSALS MUST BE SUBMITTED BY MAIL OR IN PERSON. FAXED PROPOSALS WILL NOT BE
ACCEPTED.
PROPOSALS ARE DUE TUESDAY, MAY 10, 2005 AT 2 P.M.
N
W �� E
S
• �•.
Proposed Top of Block
Proposed Garage Floor
Proposed Lowest Floor
Type of Building —
HY -LAND SURVEYING, P.A.
LAND SURVEYORS
8700 Jefferson Highway
Osseo, Minnesota 55369
PHONE (763) 493 -5761
FAX (763) 493 -5781
Sitrorgurz Trdifiratr
NOTE: PROPERTY CORNERS
SET BY DEVELOPERS SURVEYOR
BENCHMARK: RAILROAD SPIKE EAST FACE OF
POWER POLE AT N.E. CORNER OF LOT
ELEVATION: 909.41 FEET + Z
5 �w
ww
C0 �
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zw
O `} o J
O F—
ln X113
i\
- 135.00-
o tiI
qp
no -J'%,30 .3
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LOT 8, BLOCK 4, SUNSET HEIGHTS
This survey Is certified only to the above named person or persons
and not to subsequent owners, mortgages or title Insurers,
The only easements shown are from plats of record of Information provided by client.
All bullding dimensions and floor elevations must be verified by client.
I hereby certify that this survey was prepared by me or under
my direct supervision, and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by us this 7th day of April 20 05
Signed:
INVOICE N0. 28751
F. B. N0. 3D0/26
SCALE 1"= 20'
O Denotes iron Monument '-
❑ Denotes Wood Hub Set
For Excavation Only
x000.0 Denotes Existing Elevation
Denotes Proposed Elevation
"E -- - Denotes Surface Drainage
Property Located In Part Of
1 4 Sec. _, Twp. _ R. _
- 907.3'7
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Milton E. Hyland, Mi Reg. No. 20262
0
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SHARED
X131
BITUMINOUS m
DRIVEWAY
-
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LOT 8, BLOCK 4, SUNSET HEIGHTS
This survey Is certified only to the above named person or persons
and not to subsequent owners, mortgages or title Insurers,
The only easements shown are from plats of record of Information provided by client.
All bullding dimensions and floor elevations must be verified by client.
I hereby certify that this survey was prepared by me or under
my direct supervision, and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by us this 7th day of April 20 05
Signed:
INVOICE N0. 28751
F. B. N0. 3D0/26
SCALE 1"= 20'
O Denotes iron Monument '-
❑ Denotes Wood Hub Set
For Excavation Only
x000.0 Denotes Existing Elevation
Denotes Proposed Elevation
"E -- - Denotes Surface Drainage
Property Located In Part Of
1 4 Sec. _, Twp. _ R. _
- 907.3'7
M
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Milton E. Hyland, Mi Reg. No. 20262
r
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N�,
u sle� neemmg.
RII peNon wells to be Named so insulailon can be Installed after sheathing.
All exterior openings to be wuiked.
All sill plates to have sealer.
6 mill vapor barrier on warm side of building seal all seams, openings and plate lines.
All sheathing joints not supported by framing to be caulked.
J. Boxes or solid blocking required for siding to complete seal of weather projection and
air barrier.
Insulatlnn.
Afllc access to be sealed with caulk or unbroken sprayed ceiling joint- smobih cigs. to be
weather stripped.
Window minimum 'U* value .29 csmts .31stidem,
Exterior doorminimum'U' value .38.
Sealed electrical boxes in exterior walls,
Aoollanu- Am I[jaAtk= (Path Category One)
Furnace 90% high erfidency- sealed.
Water healer and fireplaces to be direct vent.
Clothes Dryer_dm f ventilation req d_dm f people vent cdm
supplemental dm f bath tans _dm hry dm.
Maximum dm an any one appliance - 700 c.f.m.
Rry E K s E PLAN
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MINI I
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October 11, 2007
Michael E. Avery
1465 W. Medicine Lake Road
Plymouth, MN 55441
RE: 5207 Pennsylvania Avenue North
Dear Mr. Avery:
With this letter the City of New Hope authorized the release of the escrow being held on
the above property. Please provide your title company with a copy of this letter.
Thank you for your participation in the redevelopment of the property at 5207
Pennsylvania Avenue North in New Hope.
Sincerely,
Curtis Jacobsen
Community Development Specialist
CITY OF NEw HOPE
4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 * www. ci.new-hope.nin.us
City Hall: 763-531-5100 + Police (non-emergency): 763-531-5170 * Public Works: 763-592-6777 * TDD: 763-531-5109
City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776
ESCROW AGREEMENT
DATE; - S/ 10.6 CASE NO. 62462
RE; 5207 Pennsylvania Ave. No., New Hope
GUARANTY TITLE. INC. (hereinafter referred to as
Escrow Agent) has received $ 2,000-00 which Escrow Agent is authorized to
hold in trust -until the ' following terms arld,'conditions have been complied with:,
COMPLETION OF SOD
Upon satisfactory completion of said terms and conditions, on or before 7115/06
Escrow Agent is authorized to deliver the escrowed monies to
Avery Homes.•Inc.
After said date the 'escrowed moni be use to complete above.
Any monies deposited with Escrow Agent shall be held in a non-inTere_-t bearing fiduciary
account.
In the event that anv dispute or questions arise conc.ernIng the appropriate distribution or
disposition of the funds hereunder, the parties hereto do horaby agree and authorize the
Escrow Agent, at its election, to hold nay and/or documents hereunder until an
action shall be - brought in a Court of competent jurisdiction to determine the rights of the
parties here-to, or to interpl'ead.:said parties by an action brought in any such court.' Deposit
by the Escrow Agent of said documents and/or funds, after deducting therefrom Escrow
'Agent's charges and expenses and attorney's fees incurred in connection with any such
Court action, Shall relieve Escrow Agent of all further liability and responsibility.
The parties here do hereby indemnify and save harmless Escrow Agent against all costs,
damages, attorney's fees, expen and liabilities, which it may incur or sustain in
connection with these instructions or the escrow created thereby, or any Court action
arising ' therefrom and will pay upon d ' emand and, Escrow Agent shall have the right to
deduct such items from the escrowed fund* being I-laid by it.
The escrowed items shall be
A_YERY HOMLS
A ,
forwarded to the indicated
person at the following address;
CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE
WHEREAS, the Economic Development Authority in and for the City of New
Hope, a public body corporate and politic under the laws of the State of Minnesota (the
"Grantor "), by a Deed recorded in the Office of the County Recorder or the Registrar of
Titles in and for the County of Hennepin and State of Minnesota, as Deed Document
Number has conveyed to Avery Homes, Inc., a Minnesota corporation (the
"Grantee "), the following described land in the County of Hennepin, State of Minnesota:
Lot 8, Block 4, Sunset Heights, according to the recorded plat thereof,
and
WHEREAS, said Deed was delivered pursuant to a Purchase and Development
Agreement dated June 13, 2005, which agreement included a Grantee covenant to
construct certain improvements on the Property within a specified time period; and
WHEREAS, by the terms of the June 13, 2005 Purchase and Development
Agreement the Grantee's covenant regarding the construction of improvements to the
land survived the Grantee's acquisition of the land and continued to be binding upon the
Grantee as a condition subsequent; and
WHEREAS, the June 13, 2005 Purchase and Development Agreement included
certain other conditions subsequent, some of which were intended by the Grantor and the
Grantee to survive delivery of this Certificate of Completion; and
WHEREAS, the Grantee has to the satisfaction of the Grantor substantially
completed construction of the improvements required by the above - referenced
Agreement.
NOW, THEREFORE, this is to certify that the Grantee has, in conformance with
certain covenants specified in the Purchase and Development Agreement between
Grantor and Grantee dated June 13, 2005, substantially completed construction of the
"Minimum Improvements" as defined in and required by the terms of that Agreement and
accordingly this Certificate of Completion shall serve as a conclusive determination of
satisfaction and termination of all agreements and covenants (including the dates for
completion thereof) relating to the obligations of the Grantee (and its successors and
assigns) to construct Minimum Improvements on the real estate known as Lot 8, Block 4,
Sunset Heights, County of Hennepin, State of Minnesota EXCEPT THAT Grantee
specifically acknowledges and agrees, on behalf of itself and is successors and assigns,
that the following covenants shall run with the land and survive both delivery of the deed
for said property and of this Certificate of Completion:
1. The Minimum Improvements shall until at least June 30, 2035, be used only
as a single- family dwelling;
2. The owner of the Minimum Improvements and/or the property on which the
Minimum Improvements are situated will not seek exemption from real estate
taxes on said property under State law;
3. The owner of the Minimum Improvements and/or the property on which the
Minimum Improvements are situated will not transfer or permit transfer of
said property to any entity whose ownership or operation of the property
would result in the property being exempt from real estate taxes under State
law (other than any portion thereof being dedicated or conveyed to the City of
New Hope or to the Economic Development in and for the City of New Hope)
Dated: /G� /� , 200
NEW HOPE ECONOMIC
DEVELOPMENT AUTHORITY
c
By
Its Exe ' tive Director
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
On this /f day of � , 20 Uf, before a notary public within
and for Hennepin County, personally appeared to me
personally known who by me duly sworn, did say that he is Executive Director, of the
Economic Development Authority in and for the City of New Hope, a public body
corporate and politic under the laws of Minnesota, and acknowledged the foregoing
instrument on behalf of said body.
Notary Public
y yA, II S
„u5 /4Z /ZVV0 11:45 Y'AA 7tid 49J 0195 JENSEN & SONDRALL. P.A.
1 0 002
QUIT CLAIM ]DEED
Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company
STATE DEED TAX DIM HEREON: S : 2f S
Dat:c: 7kj ryn-e- ' 2005.
FOR VALUABLE CONSIDERATION, the Economic Development Authority in .anti for the City of
New Hope, a public body corporate; and politic under the laws of the State of Minnesota, Grantor, hereby
convoys and quitclaims to Avery Homes, Inc., a Minnesota corporation, Grantee, real property in
Hennepin County, Minnesota, described as follows:
Lot 8, Block 4, Sunset Heights, according to the recorded plat thereof, and situate in
Hennepin County, Minnesota;
SuWect to and together with easements, restrictions and covenants of record;
together with all hereditannents and appurtenances.
Check box if applicable:
The seller certifies that the seller does not know of any wells on the described real property.
)t A well disclosure certificate accompanies ilnis document.
I nrn familiar with the property described in this instrument and I cortif'y lha.1. dac status and
number of wells on the described real property have not changed since the last previously filed
well disclosure certificate.
ECONOMIC DEVFT,OP.MFNT .ATTTHORTTY IN
AND FOIR T 13
CITY O0�� FNEW HOPE
B y-
Martin Ob pem S
It's: resident
By:
Daniel J. DonhTiue
Its: Exe-cutive Director
STATE OF MINNESOTA
ss.
COUNTY OF HENNFPTN
The foregoing instrument was acknowledged before n1c this- day of U , 2005, by Martin E-
Opem and Daniel J. Donahue, the President and Executive Director, re ectively, of the Economic
Development Authority in and for the City of Now Hope, a Public body corporate and politic under the
laws of the State of Minnesota on behalf of the Authority, Grantor.
(Notarial Stamp or Seal) 7
✓ALERIE LEONE - -
NOTARY PUBLIC - MINNESOTA
L My Commission Explrea Jan. 31, 2010 Nottary Public
Check here if part or all of the land is Registered
(Torrens) 9
03/23 1 2006 11:43 FAX 763 493 5193 JENSEN & SONDRALL. P.A. Qj003
TIIIS INSTRUMENT TDRAFTED BY: Tax Statements for the real property described in this
instrurnent should be sent to:
Jensen & Sondrall, P.A.
8525 Edinbrook Crossing, Suite 201 Avery Homes, Tne.
Brooklyn Perk, MN 55443 Attn: .Mike Avery
(763) 424-8811 1465 West Medicine Lake Drive
Ylyrnouth, MN 55441
P:\Attomey \['ank \Clients \CNH\49 -11332 \008 -5207 Pennsylvania Ave Safe - QCD.doc
2
03/2° ";/2006 11:43
FAX 763 493 5193
JENSEN & SONDRALL,
P.A. R 004
CASING(S)
"+•' "�" E
G T 1 f+ L � ('f ai
Diameter Depth Sot in overalze hole? Annular -p- me initially grouled7
r in. from_ to ft. 0 Yee f+VN4 ❑ Yes ❑ No ,pf Unknown
r 03 -06 -2006 12:11pm
From -CITY OF NEW HOPE
7635315136 T -915 P.002 /002 F -181
Outside: 0 Well House Mettle: ❑ Rasoment Onset
in, from to ft. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknavm
WELL OR BORING LO
MINNESOTA DEPARTMENT OF HEALTH
Minnesota Wolf and Boring H 3 0 9 0
o q
Dainty Name
WELL AND BORING SEALING RECORD
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1 ,stun on n ts„a .t
Minn
eso aUnique Well No
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L �< �• 7t l� /7
Minnesota
SM(Ufds, Chapter f031t
or W- sorfes No.
I,rew txd , xv „ attna,ni
Township Net Tpwftsnlp No.
Rango No. Section No. Fndon lam s ig)
Dato Sealed
Date Wei( or Borhtg Constructed
Type of Obstructions (Descdi e)
'>
eepiooGICAL MATERIAL
COLOR
!7,o
GPS Latitude
LOCA7TON:
degroos minutes saconde
-
Depth Before sealing � a Z
k,
Original Depth k.
Longitude
degrees minutes "Cane
AOUIFER(S)
[0 SingleAquifdr ❑ Multraquifor
PUMP
Type
STATIC WATER LEVEL
Nitnierianl SlreatAddress Or t=ire Number and City of Wait or Boring Lcration
�f^
-
. L ./, r '! ! i ti 4 .. 1 -I f Z
Measured ❑ Estimated
WELL/9ORIND
Water Supply Well ❑ Montt. Well
9 Env. Rare Hole Olhor
Show exact location of well br boring Sketch map at well or baring
in with 7P
.;option grid
location, stowing property
❑
k, Abslaw ❑ above land eurface
—N- .
anon, foods, and triledtn -
.��
CASING TYPWSI
p .. i ���
j
L — �
Steel [] Plastic Q Tile ❑ Othor
CASING(S)
"+•' "�" E
G T 1 f+ L � ('f ai
Diameter Depth Sot in overalze hole? Annular -p- me initially grouled7
r in. from_ to ft. 0 Yee f+VN4 ❑ Yes ❑ No ,pf Unknown
WELLHEAD COMPLEnoN
Outside: 0 Well House Mettle: ❑ Rasoment Onset
in, from to ft. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknavm
Ar
A-
I
a
El PillQ65 AdapteNUnit ❑ well Pit
W�IZ; OWNER'S NAMFJCOMPANY NAME
.. }.
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1 ,stun on n ts„a .t
13uriad
ROPERTY OWNER'S NAMVCOM ANY NAM H
CASING(S)
G T 1 f+ L � ('f ai
Diameter Depth Sot in overalze hole? Annular -p- me initially grouled7
r in. from_ to ft. 0 Yee f+VN4 ❑ Yes ❑ No ,pf Unknown
,P ^ lty owrara ftilft addtass if mdamrit than well lo6u nt a): addm= Indicated above
• "
in, from to ft. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknavm
in. from— to ft, ❑ Yee ❑ No ❑ Yes ❑ No Q Unknown
W�IZ; OWNER'S NAMFJCOMPANY NAME
SCREEWOPEN HOLE
)
Screen from to ft. Open Hole from t0 ft.
ell owndrb owing zddtwA ft dlfftimathan property owners eddreee indicated abava
' `
OBSTRUCTIONS
(7 Roavtprop Pipe ❑Check Valve(s� M Dobris [I Fill El No Obstruction
i.
Type of Obstructions (Descdi e)
Obstructions removed? Yes ❑ NO Describe
eepiooGICAL MATERIAL
COLOR
41'RONESS 0
FROM
TO
.
FORMATION
I t not impwn , indicate estimated fonnotian lop from nearby wel I or eating
PUMP
Type
l9
f Removed ❑ Not Present ❑ Other
MMWQD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BOREHOLE:
Ql No Annular Spaeo taxists ❑ Annular epece grouted wkn tremle pipe ❑ Celina Porforglion/Romovel
in. from to fl. ❑ Perforated ❑ Removed
in_ from to ft. ❑ Perforated ❑ Removed
Type of porioratnr
❑ Other
r ^
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}
GROUTING MATERIAL(S) (Ono Dag of cement = 94 ]be., one bagaf bontomte = 50Iba.)
Grouting Matenet from �,.�. to � tt. yards bags
_.�
from to ft. yards bags
from ' to k, yards bags
a
3
OTHER WRLW AND BORINGS
Other unsealed and unused wall or boring on property? 0 You No How many?
'
N KS. SOURCE OF DATA, DIFFICULTIES W SEALING
LICENSED ON REGISTERED CONTRACTOR CERTIFICATION
THs wall or boring was sealed in atcardanco with Minnorota Mules. Chapter 4726. Tho information contained in this report le
trun to the best of my knowledge.
Contractor BuSinoxo Nnmo J License or RO&IMtian Alo,
Au horned Roprosen a Sgneaue �� Data
L PORTANT -FILE WITH PROPERTY
H 230960
Name of Poison Sesltttp Warr oring
A? -ERS -WELL OWNER COPY
FACSIMILE
TO: Michael Avery
COMPANY: Avery Homes
DATE: 4-17/2006
FAX #: 763-557-0796
PAGES:
(including cover sheet)
FROM: Curtis Jacobsen, Community Development Specialist
Phone 763-531-5137
DEPARTMENT: Community Development
Attached iS8 copy Of the Well Sealing Certificate.
��wnf|rmation Report —Memory Send
0nto & Time: 04-17-2086 01:21pm
Tel ||oe 7635315138
Machine |D CITY OF NEW HOPE
/x� nxmbcr �
635
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97635570708
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!xJ t/file 04-17 01:21pm
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635 SEND SUCCESSFUL
��a:roZ355,���
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443 -1968
TELEPHONE (763) 424 -8811 + TELEFAX (763) 493 -5193
e -mail law a jensen- sondrall.com
GORDON L. JENSEN'
CLARISSA M. KLUG
GLEN A. NORTON
STEVEN A.SONDRALL
STACY A. WOODS
OF COUNSEL
LORENS Q.BRYNESTAD
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
January 11, 2005
City of New Hope
Attn: Shawn Siders
4401 Xylon Avenue North
New Hope, MN 55428
'tee 5207 Pennsylvania Avenue North
Dear Mr. Siders:
Le.
Writer's Direct Dial No.: (763) 201 -0214
e -mail jlb@jensen- sondrall.com
Enclosed with this letter you will find the following original documents in connection with
your purchase of the above property:
1. Document No. 8476171 - Affidavit Re: Title Objection
2. Document No. 8476172 - Warranty Deed (Stuntebeck et al. /EDA)
3. Document No. 8476173 - Affidavit Regarding Sellers (Please note item 6).
I have provided Old Republic National Title Insurance Company with copies of these
documents and have requested that they issue their owner's policy naming the Economic
Development Authority as the owner. Once that owner's policy has been completed, we
will be forwarding the same to you.
If you have any questions, please feel free to contact us.
Thank you.
Sincerely,
r`+
F
p
r e
c+
Janet L. Burke
Paralegal
Enclosures
PAAttomey \JLB \1- Client Folders \CNH \99 - 11314 \99.1 1 3 1 4 -01 8- Siders Ltcdoc
STATE OF MINNESOTA )
) ss. AFFIDAVIT
COUNTY OF HENNEPIN )
Mark Stuntebeck, being first duly sworn, on oath says that:
1. Your Affiant is the son of Roman W. Stuntebeck and Dorothy M. Stuntebeck and knows of his
own actual and personal knowledge:
a. Roman W. Stuntebeck and Dorothy M. Stuntebeck, husband and wife, acquired the
property legally described as follows:
Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota;
a enants, as evidenced by that certain Warranty Deed recorded as Document No.
3451708.
b. Roman W. Stuntebeck died on May 30, 1997, and an Affidavit of Identity and
Survivorship naming the survivor as Dorothy M. Stuntebeck was filed on November 1,
2002, as Document No. 7850575, in the office of the Hennepin County Recorder.
C. Subsequent to the death of Roman W. Stuntebeck, Dorothy M. Stuntebeck was a widow
and her marital status remained unchanged during the remainder of her life.
d. Dorothy M. Stuntebeck died on August 2, 2001.
e. A Deed of Distribution by Personal Representative dated October 24, 2002, was filed
November 1, 2002, as Document No. 7850576, with the office of the Hennepin County
Recorder, wherein no marital status was given for the decedent, Dorothy M.
Stuntebeck.
FURTHER YOUR AFFIANT SAYETH NOT, save and except that he knows the
matters herein stated are true and makes this Affidavit for the purpose of clarifying the fact that
Dorothy M. Stuntebeck was a single person on the date of her death and, further, for the
purpose of removing any objection to title to the real property described above based on the
Deed of Distribution recorded as Document No. 7850576.
Mark Stuntebeck
Subsc ibed and sworn to before me this 4 day
ofy� a ® 2004.
Notary Public
;' (iVotarial r Seal?
��'
AF S .v 1BR
s 0.-
10 , s Jan. 31 '005
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
P: \Attomoy\JLB \1- C1ient Folders \CNH \99 - 11314 \99.1 1 3 1 4 -012 -Mark Stuntebeck Affidavit.doc
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Mark Stuntebeck, being first duly sworn, on oath says that:
AFFIDAVIT
1. Your Affiant is the son of Roman W. Stuntebeck and Dorothy M. Stuntebeck and knows of his
own actual and personal knowledge:
a. Roman W. Stuntebeck and Dorothy M. Stuntebeck, husband and wife, acquired the
property legally described as follows:
Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota;
as joint tenants, as evidenced by that certain Warranty Deed recorded as Document No.
3451708.
b. Roman W. Stuntebeck died on May 30, 1997, and an Affidavit of Identity and
Survivorship naming the survivor as Dorothy M. Stuntebeck was filed on November 1,
2002, as Document No. 7850575, in the office of the Hennepin County Recorder.
C. Subsequent to the death of Roman W. Stuntebeck, Dorothy M. Stuntebeek was a widow
and her marital status remained unchanged during the remainder of her life.
d. Dorothy M. Stuntebeck died on August 2, 2001.
e. A Deed of Distribution by Personal Representative dated October 24, 2002, was filed
November 1, 2002, as Document No. 7850576, with the office of the Hennepin County
Recorder, wherein no marital status was given for the decedent, Dorothy M.
Stuntebeck.
FURTHER YOUR AFFIANT SAYETH NOT, save and except that he knows the
matters herein stated are true and makes this Affidavit for the purpose of clarifying the fact that
Dorothy M. Stuntebeck was a single person on the date of her death and, further, for the
purpose of removing any objection to title to the real property described above based on the
Deed of Distribution recorded as Document No. 7850576.
Mark Stuntebeck
Subscribed and ,worn to before me this day i z
of
ens , 2004. `
y �' r� �;
R. SYI r
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NO P )l A
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Notary Public
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
P: \Attomey\JLB \I- Client Folders \CNH \99 - 11314\99.11314 -012 -Mark Stuntebeck Affidavit.doe
CY FILED NOT RM mamw _
AND PRIOR TAXES PAP)
TAXPAYER SERVICES
TRANSFER ENTERED
Doc No 8476172 11116/2004 03:10 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy 9 TranslD 74809
Fees
$5.00 ConsFee
$15.00 DOC
$4.50 SUR
$30.00 WC
$1.00 COPY
$55.503 Total
WARRANTY DEED
Individuals) to Corporation, Partnership or Limited Liability Company
STATE DEED TAX DUE HEREON: $272.00 -.
Date: �` ' 2004.
FOR VALUABLE CONSIDERATION, Mark Stuntebeck and Jane C. Stuntebeck, husband and wife,
Melinda King, a single person, Michele Arnold and Gary Arnold, wife and husband, M. Sally
Kerwood and Michael Kerwood, wife and husband, Grantors, hereby convey and warrant to the
Economic Development Authority in and for the City of New Hope, a public body corporate and politic
under the laws of the State of Minnesota, Grantee, real property in Hennepin, County, Minnesota,
described as follows:
Lot 8, Block 4, Sunset Heights, according to the recorded plat thereof, and situate in
Hennepin County, Minnesota;
subject to and together with easements, restrictions and covenants of record;
together with all hereditaments and appurtenances belonging thereto.
Check box if applicable:
❑ The seller certifies that the seller does not know of any wells on the described real property.
® A well disclosure certificate accompanies this document.
❑ I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property have not changed since the last previously filed
well disclosure certificate.
THIS INSTRUMENT DRAFTED BY
Jensen & Sondrall, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55
(763) 424 -8811
Check here if part or all of the land is
Registered (Torrens) ❑
Tax Statements for the real property described in
this instrument should be sent to:
Economic Development Authority in and for
tl City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
P: \Attomey\JLB \l- Client Folders \CNH \99 - 11314 \99.11314 - 007- WD.doe
EXECUTION PAGE
THIS EXECUTION PAGE IS ATTACHED TO AND FORMS A PART OF THAT
CERTAIN WARRANTY DEED DATED EFFECTIVE THE DAY OF
2004, CONSISTING OF 1 PAGE, EXCLUSIVE OF EXHIBITS AND
EXECUTION PAGES.
Mark Stuntebeck
ane C. Stuntebeck
P: \Auomey \]LB \1- Client Folders \CNH \99 - 11314 \99.11314 - 007 -WD -Exec Pgl.doc
EXECUTION PAGE
THIS EXECUTION PAGE IS ATTACHED TO AND FORMS A PART OF THAT
CERTAIN WARRANTY DEED DATED EFFECTIVE THE DAY OF
2004, CONSISTING OF 1 PAGE, EXCLUSIVE OF EXHIBITS AND
EXECUTION PAGES.
Melin King
P: \Attomey\JLB \1- Client Folders \CNH \99 - 11314 \99.11314- 007 -WD -Exec Pgl.doc
EXECUTION PAGE
THIS EXECUTION PAGE IS ATTACHED TO AND FORMS A PART OF THAT
CERTAIN WARRANTY DEED DATED EFFECTIVE THE y`� DAY OF
2004, CONSISTING OF I PAGE, EXCLUSIVE OF EXHIBITS AND
EXECUTION PAGES.
STATE OF OHIO
COUNTY OF , � -, \_ ISS.
The foregoing instrument was acknowledged before me this 'J k day of 6, 004, by
Michele Arnold and Gary Arnold, wife and husband, Grantors.
j. (Notary Public Seal)
}
B:\ ttoY�eyiLJ H CI PB1ge��NH1 11314 \99.11314- 007 -WD -Exec Pgldoc
f�o tarX&ubftc
TIFFANY 0, ASHCRAFT
Notary Public. State of Ohio
My Commission Expires June B. 2005
EXECUTION PAGE
THIS EXECUTION PAGE IS ATTACHED TO AND FORMS A PART OF THAT
CERTAIN WARRANTY DEED DATED EFFECTIVE THE Vl-"— DAY OF
2004, CONSISTING OF 1 PAGE, EXCLUSIVE OF EXHIBITS AND
EXECUTION PAGES.
i� --
Michael Kerwood
STATE OF OHIO
} COUNTY OF ss.
The foregoing instrument was acknowledged before me this day of 2004, by
M. Sally Kerwood and Michael Kerwood, wife and husband, Grantors.
(Notary Public Seal)
BARBARA RACT
- - -mr I Notary a tic
NOTARY PUBLIC, STATE OF CNIO j
Knox County
t� My Commission Expires ..� — 1 m
PAAttomeyULB\1- Client Folders \CNH \99 - 11314 \99.11314- 007 -WD -Exec Pg4.doc
STATE OF OHIO
ss. AFFIDAVIT' REGARDING
COUNTY OF /� o fh SELLERS
Michele Arnold and Gary Arnold, wife and husband, being first duly sworn, on oath say that:
1. They are the perso named as Grantors in the document dated v , 2004, and
filed for record 2004, as Document o. 4s±'C in the office
of the County Recorder of Hennepin County, Minnesota.
2. Said persons are of legal age and under no legal disability with places of business, respectively,
at:
r C'C� - R , ��'t YtP C
and for the last ten (10) years have resided at:
31579 CR 401, Warsaw, OH 43844 - �� years;
years.
3. The social security numbers of said persons are:
Michele Arnold - SS# 475 -78 -6506
Gary Arnold - SS# 315 -50 -0516
4. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons during the time
period in which said persons have had any interest in the premises described in the
above document ( "Premises ").
b. Unsatisfied judgments of record against said persons, nor any actions pending in any
courts which affect the Premises.
C. Tax liens filed against said persons.
5. Any bankruptcy, divorce or nr ipag of record 2aaittCt parties with the same or
similar names, during the time period in wnicu tl_c h- — bad anV interest
in the Premises, are not against the above -named persons.
6. Any judgments or tax liens of record against parties with the same or similar names are not
against the above - named persons, and specifically not that certain judgment against Michelle
Rene Arnold in favor of Jo J. Abendroth, in the amount of $815.00, dated September 26, 1988,
docketed April 14, 1997, as Case No. DCTJ97005188.
7. There has been no labor or materials furnished to the Premises for which payment has not been
made.
8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating
to the Premises of which Affiants have knowledge.
9. There are no persons in possession of any portion of the Premises other than pursuant to a
recorded document.
10. There are no encroachments or boundary line questions affecting the Premises of which
Affiants have knowledge.
11. The persons have not received medical assistance from the State of Minnesota or any county
medical assistance agency.
12. This Affidavit is made as respects the following described property:
Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota.
Affimts know the rwitters herein stated are true and make this Affidavit for the purpose of
inducing the passing of title to the Premises.
Michele Arnold
a
Gary Arno
Subscribed and sworn to before me this day
of � } _ -2004.
r
Notary PMHCRAFT
j
TIFFANY
Notary Public, State of Ohio
My Commission Expires June 8, 2005
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
P: \Attomey \ILB \1- Client Folders \CNH \99 - 11314 \99.1 1 3 14-009- Sellers' Affidavit (Arnold).doc
W
x�.
(Notarial Stamp or Seal)
x
F
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
P: \Attomey \ILB \1- Client Folders \CNH \99 - 11314 \99.1 1 3 14-009- Sellers' Affidavit (Arnold).doc
W
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443 -1968
TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193
e -mail law @ jensen- sondrall.com
GORDON L. JENSEN'
CLARISSA M. KLUG
GLEN A. NORTON
AMY E. PAPENHAUSEN
STEVEN A.SONDRALL
ARIL T. STIENESSEN
STACY A. WOODS
OF COUNSEL
LORENS Q.BRYNESTAD
March 3, 2006
Ms. Pam Sylvester
4401 Xylon AV N
New Hope, MN 55428
Writer's Direct Dial No.: (763) 201 -0222
e -mail cnik @Jensen- sondrall.com
Re: Final Title Insurance Policy for 5207 Pennsylvania Ave. N.
(Lot 8, Block 4, Sunset Heights)
Our File No.: 99.11314
Dear Pam:
The EDA as you may recall acquired the land at 5207 Pennsylvania Avenue quite some time ago
and later sold it to a local developer. Title insurance in favor of the EDA was ordered in
connection with its original purchase but unfortunately production of the final policy was delayed
for an unusually long period.
The final policy has now been issued and the original is enclosed for the FDA's permanent files.
Note that the final policy includes an original Endorsement that should be kept on file with the
rest of the policy terms.
Also enclosed for the EDA's permanent files are the following original documents:
Seller Affidavit by Mark & Jane Stuntebeck
Seller Affidavit by Melinda King
Seller Affidavit by Sally & Michael Kerwood
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
While it is unlikely these original affidavits will be needed in the future to prove the scope of
representations made by the sellers at closing, we recommend they be kept on permanent file
with the other original papers- that - were sent to Shawn Siders`in early 2005 (Affidavit Re Title`
Objection (Doc. No. 8476171); Warranty Deed naming EDA as Grantee (Doc. No. 8476172);
and Seller Affidavit by Michele & Gary Arnold (Doc. No. 8476173)).
Our office in the past may only have traditionally sent you originals of recorded items, but going
forward I think the better practice would be to have all originals centralized in one place. We
will retain photocopies of all closing documents at our office as well in order to assist with any
post- closing matters that arise.
Si cerely,
Yarissa M. Klug
Enclosure(s)
cc: Kirk McDonald, New Hope EDA (wlout enc.)
P: \Attorney \Cmk \Clients \CNH \99 - 11314 \Letter to City forwarding revised final title insurance policy.doe
OLD REPUBLIC
National Title Insurance Company
February 22, 2006
Jensen & Sondrall, PA
Attn: Clarissa M. Klug
8525 Edinbrook Crossing, Suite 201
Brooklyn Park MN 55443
RE: Order Number OR1024537 Z -
Documents indicated below are enclosed:
❑ Abstract of Title No.
F Owner's Policy
F Title Binder
❑ Deed, Document No.
F Mortgage, Deed Document No.
❑ Satisfaction, Deed Document No.
F Assignment of Leases and Rents Document No.
F Mortgage Deed No.
❑ Invoice
Endorsement No. 1
F ARM Endorsement
F ALTA 9 Endorsement
❑ Schedule B Documents
Yours very truly,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Ruth Baker at 612-371-1111 ext 1123 Fax 612-371-1160
ORDOCS E Letter MT01214
OLD REPUBLIC NATIONAL TITLE
400 Second Avenue South
Minneapolis, MN 55401
i4 l' `I"l Jill
FILE NO: HEN OR1024537 -Z
RE: Economic Development Authority City of New Hope
To be attached to and become a part of Policy No. A22025 -SV- 00046804 of Old Republic National Title
Insurance Company.
Numbers 2 and 3 under Schedule B of the above numbered Title Policy are hereby deleted.
The total liability of the Company under said policy and any endorsement thereto shall not exceed, in the
aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and
Stipulations thereof to pay.
This endorsement, when signed by an authorized officer or agent, is made a part of said policy as of the policy
date thereof and is subject to the Schedules, Conditions and Stipulations and Exclusions from Coverage therein
contained, except as modified by the provisions hereof.
Issued through the Office of
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401 -2499
Phone: (612 )371 -1111
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371 -1111
E-0
Attest
I
President
Secretary
ORDOCS MT01131 ORT OWNERS FINAL ENDORSEMENT PAGE I
i'
* OLD REPUBLIC
National Title Insurance Company
February 3, 2006
Jensen & Sondrall, PA.
ATTN: Janet L. Burke
8525 Edinbrook Crossing Ste. 201
Brookly Park, MN 55443 -1968
RE: Order Number ORI 24537 Z — (Economic Dev. Authority for the City of New Hope)
Documents indicated Belo - v are enclosed:
❑ Abstract of Title No.
® Owner's Policy A22025 -SV- 00046804
❑ Vendee's Policy
❑ Vendee's Policy
❑ Title Binder
❑ Contract for Deed Document No.
❑ Invoice
❑ Endorsement
❑ Warranty Deed No.
Other Documents Enclosed:
Yours very truly,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
NOTE: If you have any questions regarding this policy, please call:
Ruth Baker at 612 -371 -1111 ext. 1123 Fax 612 -371 -1160.
ORDOCS O LETTER MT01216
OLD REPUBLIC NATIONAL TITLE
400 Second Avenue South
Minneapolis, MN 55401
(612) 371 -1111
FILE NO: HEN OR1024537 -Z
ST. 22
CNTY. 053
PROP. 1
TRAN. 010
Re -Issue Liability: $.00
ORT FORM 402 - ALTA Owner's Policy 10 -17 -92
POLICY NUMBER: A22025 -SV- 00046804
FILE NO.: OR1024537 -Z
POLICY AMOUNT: $80,000.00 PREMIUM: $320.00
SCHEDULE A
1. POLICY DATE November 16, 2004 AT 5:00 PM
2. THE INSURED HEREUNDER, IN WHOM TITLE TO THE FEE SIMPLE ESTATE IS
VESTED, AT DATE HEREOF, IS:
Economic Development Authority in and for the City of New Hope
3. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Lot 8, Block 4, Sunset Heights, according to the recorded plat thereof, and situate in
Hennepin County, Minnesota.Lot 8, Block 4, Sunset Heights, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota.
ORDOCS ORT STANDARD OWNERS FINAL POLICY NTT01138
OSOFP PAGE 1 � * � �
* (� *OLD REPUBLIC
,� National Title Insurance Company
I ,
FILE NO: HEN OR1024537 -Z
FACTS WHICH WOULD BE DISCLOSED BY A COMPREHENSIVE SURVEY OF THE
PREMISES HEREIN DESCRIBED.
2. MECHANICS', CONTRACTORS' OR MATERIALMEN'S LIENS AND LIEN CIAIMS, IF
ANY, WHERE NO NOTICE THEREOF APPEARS ON RECORD.
3. RIGHTS AND CLAIMS OF PARTIES IN POSSESSION.
4. Taxes not yet due and payable and special assessments, if any.
5. Taxes for the year 2004 and prior years are paid.
6. This Examination was made without the benefit of the abstract of title which was not
submitted to us. Old Republic National Title Insurance Company will not be responsible for
the cost of replacing the abstract.
ORDOCS ORT STANDARD OWNERS FINAL POLICY MT01138
OSOFP PAGE 2 * 'F * '�
{* OLD REPUBLIC
, 'F National Title Insurance Company
Owner's Policy
* American Land Title Association Owner's Policy 10 -17 -92
* Policy Number A22025 -SV- 00046804
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as
of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused
its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A,
the policy to be valid when countersigned by an authorized officer or agent of the Company.
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 or governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the Iand is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by a above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date
of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would
be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(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; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for
the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based
on:
ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer
except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. Definition of Terms..
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would
have had against the named insured, those who succeed to the interest of the named insured by operation of
law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge ": or "known ": actual knowledge, not constructive knowledge or notice which may be imputed
to an insured by reason of the public records as deemed in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law
constitute real property. The term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to
which a right of access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, deed, or other security instrument.
(f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without knowledge. With
respect to Section l(a)(iv) of the Exclusions from Coverage, "public records" shall also include
environmental protection liens filed in She records of the clerk of the United States district court for the
district in which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or
excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A
to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of
marketable title.
2. Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds an indebtedness 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 covenants
of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not
continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a)
below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the
Company shall terminate wish regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
ORDOCS ORT Form 402— ALTA Owner's Policy 10 -17 -92 MT01155
4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate.
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions
and Stipulations, 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 adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter
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 and shall not be liable 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 which allege
matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to
do any other act which in its opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights
under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of
any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals. therein, and permit the Company 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 any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement,
and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest 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 liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such cooperation.
Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the
loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which 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. If the Company is prejudiced by the
failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the
insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examination under oath by any
authorized representative of the Company and shall produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy,
which 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 records, books, ledgers, checks, correspondence and memoranda in
the custody or control of a third party, which 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 other reasonably
requested information or grant permission to secure reasonably necessary information from third panics as
required in this paragraph shall terminate any liability of the Company under this policy as to that claim.
ORDOCS ORT Form 402— ALTA Owner's Policy 10 -17 -42 MT01155
6. 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, attorneys'
fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time
of payment or tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the insured under this
policy, other than to make the payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant
(i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured
against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to the time of payment and which the Company is
obligated to pay; or
(ii) 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 which were
authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii),
Company's 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.
7. Determination, Extent of Liability and Coinsurance.
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 and only
to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured and the value of the insured
estate or interest subject to the defect, lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this
policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay
the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value
of the insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay
the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A
bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for which the
Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the
aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4
of these Conditions and Stipulations.
8. Apportionment.
If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a
loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of
ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155
4
Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this
policy.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack
of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby.
(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 therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the
insured in settling any claim or suit without the prior written consent of the Company.
10. Reduction of Insurance; Reduction or Termination of Liability.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto.
11. Liability Noncumulative.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the
Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. Payment of Loss.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy
has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of
the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall
vest in the Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant
would have had against any person or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subrogation. 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 or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall
be subrogated to these rights and remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy,
but the Company, in that event, shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non - insured Obli aors.
The Company's right of subrogation against non - insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds,
ORDOCS ORT Form 402— ALTA Owner's Policy 10 -17 -92 MT01155
notwithstanding any terms or conditions contained in those instruments which provide for subrogation
rights by reason of this policy.
14. Arbitration.
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and the insured arising out of or relating to
this policy, any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 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 $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the
option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy
of the Rules may be obtained from the Company upon request.
15. Liability Limited to this Policy; Policy Entire Contract.
(a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy 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, whether or not based on negligence, and which arises out of the status of the
title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this
policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16 Severability.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall
be deemed not to include that provision and all other provisions shall remain in full force and effect.
17. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this policy and shall be addressed to its Home Office: 400 Second
Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111.
Issued through the office of;
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401
OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(6121371-1111
BY
Attest
Autlii d Signato
President
Secretary
ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I ss.
AFFIDAVIT REGARDING
SELLERS
Mark Stuntebeck and Jane C. Stuntebeck, husband and wife, being first duly sworn, on oath say that:
1. They are the persons named as Grantors in the document dated , 2004, and
filed for record , 2004, as Document No. in the office
of the County Recorder of Hennepin County, Minnesota.
2. Said persons are of legal age and under no legal disability with places of business, respectively,
at:
Mark Stuntebeck
1835 Energy Park Drive
St. Paul, MN 55108 -2721
and for the last ten (10) years have resided at:
3430 France Avenue North, Robbinsdale, MN 55422 - years;
3 Ti�1�i° �I! , �� A4 /� Al %O 5Y�f /L - � years.
3. The social security numbers of said persons are:
Mark Stuntebeck
Jane C. Stuntebec
am MENINEW
4. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons during the time
period in which said persons have had any interest in the premises described in the
above document ( "Premises ").
b. Unsatisfied judgments of record against said persons, nor any actions pending in any
courts which affect the Premises.
C. Tax liens filed against said persons.
5. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or
similar names, during the time period in which the above -named persons have had any interest
in the Premises, are not against the above -named persons.
6. Any judgments or tax liens of record against parties with the same or similar names are not
against the above -named persons.
7. There has been no labor or materials furnished to the Premises for which payment has not been
made.
8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating
to the Premises of which Affiants have knowledge.
9. There are no persons in possession of any portion of the Premises other than pursuant to a
recorded document.
10. There are no encroachments or boundary line questions affecting the Premises of which
Affiants have knowledge.
11. The persons have not received medical assistance from the State of Minnesota or any county
medical assistance agency.
12. This Affidavit is made as respects the following described property:
Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota.
Affiants know the matters herein stated are true and make this Affidavit for the purpose of
inducing the passing of title to the Premises.
Mark Stuntebeck
ane C. Stuntebeck
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
P: \Attorney \JLB \I - Client Folders \CNH \99 -11314 \99.11314 -011- Sellers' Affidavit (Stuntebeck). doe
2
STATE OF OHIO
I ss. AFFIDAVIT REGARDING
COUNTY OF VMcZ'Z SELLERS
M. Sally Kerwood and Michael Kerwood, wife and husband, being first duly sworn, on oath say that:
1. They are the persons named as Grantors in the document dated , 2004, and
filed for record , 2004, as Document No. in the office
of the County Recorder of Hennepin County, Minnesota.
2. Said persons are of legal age and under no legal disability with places of business, respectively,
at:
# kj hod 4 (ot e 4 ak C G rp-+'
and for the last ten (10) years have resided at:
yrrv, 60&S,e.
C,ti��Ca! O# q3tJ;?
8341 Burtnett Road, Gambier, OH 43022 - f 5 years;
years.
3.
The social security numbers of said persons are:
M. Sally Kerwood -
Michael Kerwood MONEW
4.
There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons during the time
period in which said persons have had any interest in the premises described in the
above document ( "Premises ").
b. Unsatisfied judgments of record against said persons, nor any actions pending in any
courts which affect the Premises.
C. Tax liens filed against said persons.
5. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or
similar names, during the time period in which the above -named persons have had any interest
in the Premises, are not against the above -named persons.
6. Any judgments or tax liens of record against parties with the same or similar names are not
against the above -named persons.
7. There has been no labor or materials furnished to the Premises for which payment has not been
made.
S. There are no unrecorded contracts, leases, easements, or other agreements or interests relating
to the Premises of which Affiants have knowledge.
9. There are no persons in possession of any portion of the Premises other than pursuant to a
recorded document.
10. There are no encroachments or boundary line questions affecting the Premises of which
Affiants have knowledge.
11. The persons have not received medical assistance from the State of Minnesota or any county
medical assistance agency.
12. This Affidavit is made as respects the following described property:
Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota.
Affiants know the matters herein stated are true and make this Affidavit for the purpose of
inducing the passing of title to the Premises.
_�
Subscribed and sworn to before me this day Notarial Stam or Seal) B Grid
Of _� @ /V 2004. �� NOTARY PUBLIC, STATE OF OHIO
' Knox County
'1 My Commission Expire
Notary Public
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
PAAttomey\JLB \I- Client Folders \CNH \99 -11314 \99.11314 - 010- Selters' Affidavit (Kerwood).doc
7
STATE OF CALIFORNIA }ss. AFFIDAVIT REGARDING
c_�) SELLER
COUNTY OF �t� cZ cWce c�o
Melinda King, being first duly sworn, on oath says that:
1. She is the person named as Grantor in the document dated , 2004, and
filed for record , 2004, as Document No. , in the office
of the County Recorder of Hennepin County, Minnesota.
2. Said person it of legal age and under no legal disability
+g� with
.� place of business, at
f p
and for the last ten (10) years has reside at: 1 L;(iv�`'+S� ln<
12865 Caminito Del Canto, , Del Mar, CA 92014 -3758 - _ years;
t a�(�C Pc "� C, (- =il;,A � years.
3. The social security number of said person is: 474 -72 -5114.
4. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said person during the time
period in which said person has had any interest in the premises described in the above
document ( "Premises ").
b. Unsatisfied judgments of record against said person, nor any actions pending in any
courts which affect the Premises.
C. Tax liens filed against said person
5. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or
similar names, during the time period in which the above -named person has had any interest in
the Premises, are not against the above -named person.
6. Any judgments or tax liens of record against parties with the same or similar names are not
against the above -named person.
7. There has been no labor or, materials furnished to the Premises for which payment has not been
made.
S. There are no unrecorded contracts, ieases, easements, or other agreements or interests relating
to the Premises of which Affiant has knowledge.
9. There are no persons in possession of any portion of the Premises other than pursuant to a
recorded document.
10. There are no encroachments or boundary line questions affecting the Premises of which Affiant
has knowledge.
11. The person has not received medical assistance from the State of Minnesota or any county
medical assistance agency.
12. This Affidavit is made as respects the following described property:
Lot 8, Block 4, Sunset Heights, Hennepin County, Minnesota.
Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of
inducing the passing of title to the Premises.
Blind King
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
PAAttomey\ILB \1- Client Folders \CNH \99 - 11314\99.11314 -008Seller's Affidavit (King).doc
2