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98-1034 (3) St. Paul, Minn. .Se pt 3 r 19..9.J.. To The Honorable, The Council, City of St. Paul, Minn. Gentlemen: We, the undersigned property owners, hereby petition your Honorable Body to cause the following improvement to be made: • • • St. Ave. from St. Ave. to St. Ave. NAME LOT BLOCK ADDITION / 3�/g 74, 1�3q 130.3 /-/er5e - CLJboLicy ,RoPc- l $ ■ ki rr j r I .. V V•.. .. i ift .. i' — � t AYE. _ ' g VALI(WAY 'SMT JAL.Arev 1LIV.1.9_ _ _ _ ' 434.1: 5 _5 •34.: C .i, 00 .r I- "C `\l r40. ifSfs / d3 11. :, 1 I I 1 _ I I 1 o I IC+ I :j 1 { n E V1 3. a J 2. .... ILA i I ■ r ---_._ Ib ED J - l;, I 1 I 1 -`,_ i 2,.7 I �' I (D v IV . a 1 ' n I ~ ..6 I!<, I 1 N r-� t — 1 ,Z.— � p--1 I� ;a , ._, 1 I:., in A •■■ w tV --- 1 i !"s.ge-•14 = �1 I I . •-1 Ea -� w I c c SN��r �,ry E I �► J S --- l ST. o f ti 1 I-fo_I_ • � •` .. .. . p ' 0/3- 1 Gs 1 •.. ' y IV r' rn t .. r,SLnck�I Cn I --'1 o'. I p O - ) ia /r _ n) t` M • C/1 i V1 .. '� I k ,y7 I k' --�y�. h .o Ti l / / v 73 _v.. _ I t i i b, , ti @N_ W `� I` 1° fu I —dr _.. nom` L 1\ �. �, ---�- - — - ' 1 f O a I I I o 1 , 1 _ Co 'L1 .1-47 4 r&-e:-.1-1 0,0%21 4. f,40 I i -70 ( 1S3 7 N ri . I I / M� 1 ,.. 1 - N1 co w •D J I i A I,. ' nM W u Ja 1_••_ L. - -121 L' I ' l.:.N V 1- - -`� � �� _ 47 Ul � 1 N �-- - - c 1 ..._19pck_2_, '.-1 lb cif ..._:i .. , ,.... . .,....0 r.....F.., I t a._ . I g ,co / at SAINT PAUL *AIM CITIZENS' GUIDELINES FOR PETITIONING THE CITY OF SAINT PAUL TO VACATE ITS INTEREST IN LANDS ABUTTING THE PROPERTIES OF PETITIONERS Chapter 130 of the Legislative Code of the City of Saint Paul provides for the vacation of streets and other public lands by resolution of the City Council. Following are guidelines for initiating vacations by petition of the owners of property abutting such public lands. WHO MAY PETITION TO VACATE PUBLIC LANDS? A petition to vacate public lands may be filed only by a majority of the owners of property abutting the lands to be vacated. A. A majority shall mean a number greater than 50%. This implies that, for instance, if there are only two owners of property abutting lands to be vacated, then both must sign the petition. B. Owners shall mean current owners, including contract purchasers, or their legally designated representatives. 1. For properties owned by two or more joint tenants, all joint tenants must sign. 2. For properties owned by partnerships, one of the partners must sign. 3. For properties owned by limited partnerships or corporations, those persons authorized by the partnership or corporation must sign, indicating their respective positions or titles and alleging that they do, in fact, have the authority to sign on behalf of that entity. 4. For properties owned by governmental departments or agencies, the head of the department or agency, or another person with the designated authority to sign on behalf of the department or agency head, must sign. In addition, a resolution or statement from the governing body indicating approval and granting authority for the petition must be included. C. Properties abutting the lands to be vacated shall include all abutting properties, whether or not any part of the vacated lands will accrue to them. II. WHAT MUST THE PETITION INCLUDE? The petition (a sample copy of which is attached to this guide) shall be completed and submitted, with a $100.00 filing fee, to the City Clerk in Room 170, City Hall. - Vacation Guidelines A. The petition should begin with "(Petitioner(s)) does (do) hereby petition the Council of the City of Saint Paul to vacate its interest in the property(ies) described below:" It shall include the following information: 117 The legal description of the property proposed to be vacated(for example,the north-south alley in Block 1, Behmler's Addition). Please be specific in the description of the area to be vacated. If the vacation is for a building encroachment,you may need a survey to describe the area to be vacated. You may also need a survey for irregular areas. The reason for the vacation. What is the intended use of the property to be .,/vacated? Will the grade be altered or permanent structures erected? The name,address and phone number of the contact person, who must be one of the petitioners or a representative of one of the petitioners. The name(s) and address(es) of the petitioner(s) who will be responsible for the payment of the compensation and for acceptance of the terms and conditions of the vacation. 5. A statement attesting to the authenticity of the signatures on the petition, which must be signed by one of the petitioners and notarized. B. The petition must be supported with the following documentation: Ll- A plat map,blueprint or scaled drawing showing the lands to be vacated, the boundary streets and all abutting properties. (?/ A Certified Ownership Report, which shows all fee owners and contract purchasers of all properties abutting the lands proposed to be vacated. e.� The report must identify,by legal description, the property owned by each person signing the petition. L/ The names of the owners on the report must agree with the names on the petition and must be current to the petition at the time of filing. c. If, for any reason, all names on the petition do not correspond to the names on the Certified Ownership Report, the petition will be considered insufficient. 11! Certification of ownership may be obtained from the abstract or title company of your choice. 3. If the vacated site is to be developed, six copies of the proposed site plans will be required for review by the affected City departments. III. WHAT DOES THE VACATION PROCESS ENTAIL? Once the petition has been filed, the following procedure will be initiated: A. The City Clerk will refer the petition to the Real Estate Division of the Department of Finance and Management Services, where the Right-of-Way Engineer or his designee will review the petition for sufficiency and form. Vacation Guidelines B. Following verification of sufficiency by the Right-of-Way Engineer, the petition will be forwarded to utility companies and affected City departments for their comments and recommendations. The petitioner will be notified of the recommendation by any agency for denial of the vacation. C. If all departments and agencies recommend approval, the proposed terms and conditions and the cost for the vacation will be established; and the date for a hearing before the City Council will be set. All owners of properties that may be affected by the possible disruption of traffic patterns will be notified, and will be given the opportunity to voice their approval or objections at the hearing D. The City Council will conduct a public hearing, at which it will either: 1. approve the vacation as recommended; 2. approve the vacation with amendments; 3. deny the vacation; or 4. lay the proposal over for a later hearing. E. If the vacation is approved by the Council, the resolution will be published in the Legal Ledger. The petitioner(s) must then: 1. within sixty days of publication: a. for vacations of platted rights-of-way, pay a vacation fee (currently $500.00 but subject to change) plus additional charges, if any; b. for vacations of other than platted rights-of-way,pay market value for property vacated; and c. signify acceptance of the terms and conditions of such resolution by filing with the City Clerk a written acceptance form, which will be mailed to the petitioner(s)following publication of the resolution; and 2. within the period(s) specified therein, comply in all respects with the said terms and conditions. F. Failure by the petitioner(s) to, within the time limits, pay the vacation fee and any additional charges, file the acceptance form, or comply with the terms and conditions set forth in the resolution will result in the vacation being declared "null and void"; provided, however, that the Council may, by resolution adopted with at least five affirmative votes prior to the expiration of the time limits, amend the vacation resolution to extend the said time limits. 3 Vacation Guidelines IV. HOW LONG DOES THE VACATION TAKE? The length of time it takes to vacate a property will vary according to the complications that usually arise; but you should expect the hearing date to be at least 90 days after the petition was filed. The average vacation will take approximately 180 days. V. WHAT MUST BE DONE FOLLOWING APPROVAL OF THE RESOLUTION TO COMPLETE THE VACATION PROCESS? A. The petitioner(s) will have 60 days from the date of the hearing to satisfy the terms and conditions as listed in the vacation resolution. B. When all terms and conditions have been met the City Clerk will file a Certificate of Completion and a certified copy of the vacation resolution with the Registrar of Deeds. C. If the petitioner(s) fail(s) to satisfy the stated terms and conditions of the resolution within 60 days from the date of the hearing, the Council may rescind the vacation. If you have any further questions, please call: Real Estate Division 266-8850 4 MRR 04 '98 15 09 FR USW IR MINERAL 303 707 9711 TO 916122668855 P.01/01 ** TX CONFIRMATION REPORT ** AS OF MAR 04 '98 1 :56 PAGE.01 USW IA MINERAL DATE TIME TO/FROM MODE MIN/SEC PGS CMDI STATUS 27 03/04 11:56 912268955 ----S 00'00" 000 079 BUSY JAN-28-1999 16:x3 ST PAUL REAL ESTATE bse ebb oraa r,r.la r,r To: Earl Carlson From Regina Trujillo _ Reply to Vacation Inquiry Co. City of St.Paul - US West Communications Real Estate Division US West Communications File#23-1997 700 West Mineral Littleton, CO 80120 Phone# 226-8850 Phone# Fax# 226.8855' Fax# 1 We have no objections to this vacation We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: For the following reasons,we cannot approve this vacation' Q i 4 • eh • . NINA — 1/qr 1 5igne• Dale � 9 ** TOTAL PAGE.01 ** OCT-24-97 FRI 10:25 RICE FAX NO 6122292309 P, 03 #of Pages 1 To: Earl Carlson From: Bernie Gille Reply to Vacation Inquiry Co. City of St. Paul NSP - Electric Division Real Estate Division 825 Rice Street File #23-1997 Saint Paul MN 55117 Phone # 266-8850 Phone # 2,2-9 Fax # 266-8855 Fax # We have no objections to this vacation ❑ We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: - For the following reasons, we cannot approve this vacation. ❑ NSP has facilities within subject vacation which must be protected. Signed Date 09/29/97 MON 12:35 FAX 612 229 5585 NSP 0 001 I #of Pages 1 To: Earl Carlson From: Tim Virant Reply to Vacation Inquiry Co. City of St. Paul NSP - Gas Distribution Real Estate Division 825 Rice Street File #23-1997 Saint Paul MN 55117 Phone# 266-8850 Phone # 22-9 2s/y Fax # 266-8855 Fax # 229, 5-5)5— We have no objections to this vacation ❑ We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: IJ For the following reasons, we cannot approve this vacation. ❑ owe. " rte:1441- MAIVA/ry ei■vt-tit I/411 174.2121-c, SWP4/1..-CA--- fo r3 f9 /— • / X17°— 9/ Signed V C� Date #of Pages 1 To: Earl Carlson From: David Urke Reply to Vacation Inquiry Co. City of St. Paul District Energy St Paul Inc Real Estate Division 76 West Kellogg Boulevard File #23-1997 Saint Paul MN 55102 Phone # 266-8850 Phone # 297-8955 Fax # 266-8855 Fax # 221-0353 We have no objections to this vacation We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: ❑ For the following reasons, we cannot approve this vacation. ❑ DISTRICT ENERGY ST. PAUL, INC. , AND DISTRICT COOLING ST. PAUL, INC. , HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. n / SEPTEMBER 29, 1997 Signed DAVID L. R KE, P.E. ' �✓���,-� Date PROJECT MANAGER Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (612) 266-8850 Saint Paul, MN 55102-1613 Fax: (612) 266-8855 SAINT CITY OF SAINT PAUL "" Norm Coleman, Mayor AAA* RECEIVED RECEIVED SEP 2 6 1997 September 25, 1997 DISTRICT M ES I: DIVISION David Urke District Energy St Paul Inc 76 West Kellogg Boulevard Saint Paul MN 55102 Subject: TMS Department File No.23-1997 Dear Mr. Urke: The City Clerk has referred to this office for recommendation the petition of Rave Properties for the vacation of: Short Line Street north of Pierce Butler. This inquiry pertains to the vacation of City right-of-way only. Depending on the petitioner's reason for requesting this vacation and the intended use for the vacated right-of-way, some or all of the utility easements may be retained. The purpose of this vacation is to improve it as private drive and parking lot. Will you please advise me of any existing utility easements or of any concerns over the intended future use of this proposed vacation. I would like to receive your comments before October 15, 1997 so I can prepare a report to the City Council on this matter. For your convenience, you will find a reply form, with fax transmittal memo, on the reverse side of this notice. If you would rather respond on your letterhead, please refer to the above listed file number when replying. If you have any questions regarding this matter, please call Earl Carlson at 266-8850. Sincerely, Earl Carlson Real Estate Technician (2397inq) • 10/01/97 15:20 N0.008 101 s , 1 I #of Pages 1 r To: Earl Carlson From: Rick Gilberg Reply to Vacation Inquiry Co. City of St. Paul Continental Cablevision Real Estate Division 214 East Fourth Street File #23-1997 Saint Paul MN 55101 Phone # 266-8850 Phone # Fax # 266-8855 Fax# We have no objections to this vacation -IV/ We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: ❑ For the following reasons, we cannot approve this vacation. ❑ • 1 /' - � /0 -/- goed Date DEC-18-1997 13 35 TRAFFIC ENG MAPS PERMITS 612 298 4559 P.01/02 FAX COVER SHEET Department of Public Works -- Right-Of-Way Division Maps, Records, Permits and Infrastructure 800 City Hall Annex, Saint Paul, Minnesota 55102 Facsimile: 612-298-4559 FROM: Tom Kuhfeld 266-6111 Rick Pers 2664. 22. John Jansky 266-6240 Linda Dickhut 266-6127 Pat Lowry 266-6153 T $ V A S Q U E Z 266-6128 Tony Dagostino 266-6154 Rudi Paczkowski 266-6129 Permit Desk 266-6151 Tuan Ngo 266-6130 Wall Phone 266-6152 Joe Hehn 266-6150 TO: FAX #9 -1- ( ) &6 - DATE: ?Z— / 8/ ` 77 NAME: _PHONE: Z-- o6 -MS- G O: Rgel gqM - MESSAGE: There are (3) sheets being faxed, including this cover. 14(-/ i,� / r El Done Time: Revised 7/24/95 SAINT PAUL RECEIVED Interdepartmental Memorandum Saint Paul Water Utility WATER UTILITY TO: Earl Carlson Real Estate Technician FROM: Gayle E. Meyer Engineering Manage DATE: October 8, 1997 SUBJECT: Finance Department File Number 23-97 (Short Line Street North of Pierce Butler) The Water Utility has a 6-inch water main in that part of Short Line Street,North of Pierce Butler Route proposed for vacation. To provide for continued access to our facility, the Water Utility requires an easement be retained over the entire area petitioned for vacation. Restrictions within the area are as follows: 1. No buildings, structures or trees are permitted within the easement area, or any temporary structure, material storage, fixture or other objects that may prohibit normal access to water facilities for maintenance purposes without written permission from the Water Utility. 2. No change from the existing grade or change in surfacing within the easement area is permitted without written permission from the Water Utility. 3. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of Water Utility operations, all removal, replacement or modification costs shall be borne solely by the petitioner. 4. That the petitioner, its successors and assigns shall fully indemnify, defend and save harmless the Board of Water Commissioners, its officers, agents, employees and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents or business invitee. Any questions may be referred to Jerry Strauss of our staff at 266-6268. GCS/kak copy: Tom Eggum w N:\CLERICALUSTRAUSS\VACATION\I997-23.WPD . printed on recycled paper 09/26/1997 09: 34 20 ST PAUL POLICE DEPT PAGE 01 I %of Pages 1 To: Earl Carlson From: Lt. Mike Morehead Reply to Vacation Inquiry Co. City of St. Paul Saint Paul Police Department Real Estate Division 100 East Eleventh Street File #23-1997 Phone # 266-8850 Phone # 297- Fax # 266-8855 Fax # 7 9 Z q • We have no objections to this vacation [R We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: E For the following reasons, we cannot approve this vacation. Q • Signed AP Date I #of Pages 1 To: Earl Carlson From: Chris Cahill Reply to Vacation Inquiry Co. City of St. Paul Department of Fire & Safety Real Estate Division 100 East Eleventh Street File #23-1997 Phone # 266-8850 Phone # Fax # 266-8855 Fax # We have no objections to this vacation We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: ❑ For the following reasons, we cannot approve this vacation• ❑ • /'�% /#/ Signed Date Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (612) 266-8850 Saint Paul, MN 55102-1613 Fax: (612) 266-8855 ,,,,, CITY OF SAINT PAUL ' Norm Coleman, Mayor 4 AAAA pomem September 25, 1997 Chris Cahill Department of Fire & Safety 100 East Eleventh Street Subject: TMS Department File No.23-1997 Dear Mr. Cahill : The City Clerk has referred to this office for recommendation the petition of Rave Properties for the vacation of: Short Line Street north of Pierce Butler. This inquiry pertains to the vacation of City right-of-way only. Depending on the petitioner's reason for requesting this vacation and the intended use for the vacated right-of-way, some or all of the utility easements may be retained. The purpose of this vacation is to improve it as private drive and parking lot. Will you please advise me of any existing utility easements or of any concerns over the intended future use of this proposed vacation. I would like to receive your comments before October 15, 1997 so I can prepare a report to the City Council on this matter. For your convenience, you will find a reply form, with fax transmittal memo, on the reverse side of this notice. If you would rather respond on your letterhead, please refer to the above listed file number when replying. If you have any questions regarding this matter, please call Earl Carlson at 266-8850. Sincerely, Earl Carlson Real Estate Technician (2397inq) SEP-26-1997 08:30 FROM CITY OF ST PAUL LIEP TO 68855 P.001 To: Earl Carlson From: Larry Zangs Reply to Vacation Inquiry Co. City of St. Paul LIEP/Bldg Inspection Real Estate Division 310 Lowry Professional Bldg File #23-1997 Phone # 266-8850 Phone # Fax # 266-8855 Fax # We have no objections to this vacation We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: [❑ For the following reasons, we cannot approve this vacation- ❑ qfb I`t l SlT¢ 1 to, 4nor,v,,( 4k„ L 1 p Cc�vuu-ca Crn_y it /(� /, '— +tm irwocda- y a4-Lc(- pae-ke/t\7 16,>( 747274ntr 14/1 h C pc+— 5 ka iy ci ( e N7rXer_.--7 L.1 .1->"-- " U�/'�S A l t��~Th a s f�a.7T c c e Z �T� ritt, GW�f r Kc l�l�tct,�.Z ,,„,/K tf 4-5 4 f' !// cc, 4 D -4-k.cc S/ Tr/O>C/� � lt� Si Mae te TOTAL P.001 SEP-26-1997 08:31 STP PARKS & RECREATION 612 292 7405 P.01/02 To: Earl Carlson From: Robert Piram Reply to Vacation Inquiry Co. City of St. Paul Parks & Recreation Real Estate Division 300 City Hall Annex File #23-1997 Attention: John Wirka Phone # 266-8850 Phone # Fax # 266-8855 Fax # We have no objections to this vacation We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: ❑ For the following reasons, we cannot approve this vacation- ❑ 110411. 51). r-/q7 Signed Date OCT-16-1997 10:29 ST PAUL PLANNING & ECON 612 228 3314 P.01/02 1 #of Pages 1 To: Earl Carlson From: Mike Kraemer Reply to Vacation Inquiry Co. City of St. Paul Planning & Economic Real Estate Division Development File #23-1997 1100 City Hall Annex Phone # 266-8850 Phone# Fax # 266-8855 Fax# We have no objections to this vacation We must retain our easements within the right-of-way. We will approve this vacation, vacation subject to the following conditions: ❑ For the following reasons, we cannot approve this vacation- ❑ jeAf-757-77 Signed Date SAINT PAU L AAAA PETITION TO VACATE CITY INTEREST I(we),the undersigned,constituting a majority of the owners(or their legally designated representatives)of the abutting properties,do hereby petition the Council of the City of Saint Paul to vacate its interests in the property(ies)legally described as follows: I(we)request this vacation for the following reason(s). Currently This Is A Unemproved And Unmaintained Street, We Would Like To Purchase This Street So We Can Improve It ie(Black Top) And Properly Maintain It. I(we)have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Contact Person Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacation: Name: James A. Kilbane III Name: James A. Kilbane III Phone: 612-646-9401 Phone: 612-646-9401 Address: 1319 Pierce Butler Rt. Address: 1319 Pierce Butler Rt. St. Paul, Minn. 55104 St. Paul, Minn. 55104 Alternate Contact Person Name: Name: Phone: Phone: Address: Address: Name: Phone: Address: Name: Phone: Address: Signatures of Owner(s)/Representative(s) of Property(ies)Below: /4L James A. Kilbane III / 1319. Pierce Butler Rt. St. Paul, Minn. 55104 y a(1 i ��'czrd trS /r/lJ, 9 d2/7 /1,4142- /�►je s h'/./ 3337y I, James A. Kilbane ,am the petitioner,or one of the petitioners in the above matter;and I do hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petition. (Petitioner) Subscribed and sworn to before me this AANLNUMMNIONO day of i e- , 1991 NOTARY IINNESOTA RAMSEY COUNTY Mir Commission Expires Jon.SI,2000 is/)Dtbu ylA,00) (Notary) (<alt><f-10>vg) • .11 • .•WO' •■••■•X ' • c..t,e”,''• • , • • • 4 VACATION REPORT The OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY does hereby certify that it has searched the records in the Real Estate Division in the Office of the County Recorder and/or Registrar of Titles, in and for the County of Ramsey and State of Minnesota, and from such search has found the following items, with regard to property abutting that part of Shortline Street from Pierce Butler to Burlington Northern Railroad tracks . R. Lawrence Harris, Warranty Deed a single man Dated January 14, 1987 1 . to Recorded February 13 , 1987 James A. Kilbane, Jr. #2362130 Lots 1, 2, 3 , and 4, in Block 3 , Hersey-Woolsey Addition to St . Paul . Subject to easements and restrictions of record. James A. Kilbane, Jr. , and Contract for Deed Eleanor C. Kilbane, husband Dated October 21, 1987 and wife Recorded November 20, 1987 2 . to #2414840 James A. Kilbane, III (See Exhibit A attached hereto) James A. Kilbane, Jr. , and Contract for Deed Eleanor C. Kilbane, husband Dated October 21, 1987 and wife Recorded March 28, 1989 3 . to #2486401 James A. Kilbane, III Same premises as shown in Entry No. 2 Purchase Price $250, 000 . 00 (For further particulars, see record) Clifford T. Trudeau, a widow Warranty Deed and unremarried person, and Dated March 9, 1992 Edward L. Trudeau and Maureen Recorded April 2, 1992 Trudeau, husband and wife #2645069 4 . to (See Exhibit B attached C & E Partnership, hereto) a Minnesota general partnership C&E Properties, Contract for Deed a Minnesota general Dated February 14, 1997 partnership Recorded June 30, 1997 5 . to #2999529 Rave Properties, L.L.C. , (See Exhibit C attached a Minnesota limited liability hereto) company NOTE : This report is not to be construed as a legal opinion of title, nor is it a substitute for an Abstract of Title or Registered Property Abstract . Witness the signature of an authorized officer of said Company this 17th day of July, 1997 at 7 : 00 A.M. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY BY6L, �' An Authorized Signature Order #A97-28349 For: James A. Kilbane III r • . . t q Ml µ. . ,sew+ :► a. +NrN4�fFYk Y r ,r*; ±v:i } a k r 's I form No.54 M CONTRACT COR Dr CO MInnw.l•Craton.(" *,.n.Ins Menlo 1107111 ,.......• ., ,.. ft i e v,rwr year 1 -- --- — _ STATE OF MINNESOIA_.- U .7) k', Nn delinquenttnzesnndtraneferentered; County of Ramsey ) ss ) U err I, Certificate of Real Estate Valw. Otflee of lbs County Recorder 1I 13 ► ( filed ( .loot required j s+rJ ntu•-) o Fit lr g This Is to certify that the within instrur^ent AI - was filed --lur,toUay In t h i s at St.Paul { '" • hunt Audit, AD to:_'AII ` ' Y •�..o'clock )'}.f,and thal ►r _ the same was rocordod,ln Rfiiiiker1 ;Dimly , 4r1r. By t�ti '" t .•c Cr.J,t Records as Doc No ( / •I uty JOHN '.:.,;_ r_ _ r ' C. MCLAUCHLIN I COUNTY RECORDER R`mr, • -{ D t. a �/ /COUNTY ¢���.r, ! J c �) . a (reserved for recording data) f. • MORTGAGE REGISTRY TAX DUE HEREON: ','-'4 $ None '. . . -=J (reserved for mortgage registry tax payment data) ea j Date: October 2- I ,19_III ti THIS CONTRACT FOR DEED is made on the above date by James A. Kilbane, Jr.• ° ' = and Eleanor C. Kilbane husband and wife, • (marital status) t Seller(whether one or more),and James A. Kilbane, III ,Purchaser (whether one or more). Seller and Purchaser agree to the following terms: "r°'' 1. PROPERTY DESCRIPTION.Seller hereby sells,and Purchaser hereby buys,real property in Ramsey County,Minnesota,described as follows: t TRACT 1: That part of Lot 6, Block 3, Hersey-Woolsey Addition to St. Paul, Minnesota, ytT -ng northerly of the following described line: Beginning at a point on the north 1 line of said Lot 6 distant 16.58 feet East of the northwest corner thereof; thence <e. .h'' southeasterly to a point on the east line of said Lot 6, distant 22.78 feet south of the northeast corner thereof and said line there terminating. 4 TRACT 2: That part of Lot Five (5), Block Three (3), Hers j' .7a�, Minnesota, lying easterly of a line described as follows: Commencing at r; a point on the northerly line of said Lot Five (a) which point is seventy-five (75) feet westerly from the northeast corner of said Lot Five (5); thence southerly in a straight line to its intersection with the south line of said Lot Five (D), at a point which is seventy-five (75) feet westerly of the southeast corner of said Lot Five (5), according to the recorded plat thereof on file and of record in the ` office of the Register of Deeds in and for said County. kr a together with all herediDamCRIa and appurtenances UNDER PARAGRAPH 4) g belonging thereto(the Property/. a a►� 2. TITLE.Seller warrants that title to the Property is,on the date of this contract,subject only to the following exceptions: (a) Covenants,conditions,restrictions,declarations and easements of record,if any; (b) Reservations of minerals or mineral rights by the State of Minnesota,if any; (c) Building,zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by • ,,��,� Purchaser pursuant to paragraph 6 of this contract;and (e) The following liens or encumbrances: None. Yzi UI'r:: Jr c'i ,Ii7 i r t'y 3. DELIVERY OF DEED AND EVIDENCE OFTITLE.Upon Purchaser's promptand full performance of this contract,Seller shall:�' (a) Execute,acknowledge and deliver to Purchaser a Warranty a recordable form, conveying marketable title to the Property to Purchaser,subject only two the '•� following exceptions: (i) Those exceptions referred to in paragraph 2(a),(h),(e).and(d)of this contract; i (ii) Liens,encumbrances,adverse claims orother matters which Purchaser created,suffered 4 s .y.../...1 or permitted to accrue after the date of this contract;and J µ ; i .41-9 r, ,, r rr�' • '"•'� .14 - ! .Awe. ..r.. :- ""."':4.." ,'+"1.•irrdAilit likki'.alrtO4JJ ( "'k•, ulg . r Y.A'nsW •tT : '.h7t' IriL.`fYT`eriti Exhibit.,. Page 1 of L.Page: I 1' it LAY. or• flf t., t .,.. :1 . (iii]The following liens or encumbrances: None, lj ',4,1 t f:' 11 and Ibt Deliver to Purchaser the abstract of title to the Property or,if the title is registered,the owner's .4„,r•g • 4 duplicate certificate of titk. 4. PURCJJE PR CE. Purchaser shall a to.Seller.at Sellers' place of residence, or ASS such other + ace as tr.. snail desi.na�e to wrttin, F d no lU0 theeum of ' i as and for the purchase price for the Property. 0yO ha d0 . • .l e, Purchaser to Sellers, the receipt of which isleacknowled acknowledged 525,000.00 Sell in hand balance of to Sellers, paid em by is to be paid pursuant to the terms of this Contract fort Deed�aining in installments, in the a'-cur.:s, and at or before the times stated as follows: •' it 1 52,282.10 on the first day of December, 1987 1 and every month thereafter urtil "^vember 1 1987, and 52,282.10 on the first day of each Il . Y ` date hereof andfpatable in full, with interest on the 2unpaid balancesofrom and a of nine Percent (9 F, ' part of said monthly installment ) per annum to be paid together to a a lied aidst nt the n tallme due yments,laaiddmonthly instalent with and °D pp payments res u, i 0 to be applied in reduction of �` .+ W?, the principal. day of each month and the remainder t o ,� (DESCRIPTION CONTINUED FROM FRONT SIDE) TRACT 3: That part of Lot Five 5 r t. au Minnesota, lying westerly( )+ Block Three (3), Hersey-Wools ' si ( ,. point on the northerly lyinge of a line described as follows: Comnencingoat a 1 westerly from the northeast said Lot Five (5), which point is seven rt to t st corner of said Lot Five (5); rlyfine (st)straight ; '.` > ! I line to its intersection with the south line of ( )� thence souther] > I ; seventy-five (75) feet westerly said Lot Five (5); at a y in a straight , f � �i to the recorded plat thereof on file hand oofhrecordoinethefoffice of the Registericf is ) Deeds in and for said County, said Lot Five (5), according a ,�. TRACT 4• ° Lots One (1), Two (2), Three (3), and Four (4), os`ey Addition to St. Paul, according to the plat Block record in the office of the County Recorder in and for Ramsey County, Minnesota. • 5. PREPAYMENT.Unless otherwise provided in this contract,Purchaser shall have the right to fully or partially prepay this contract at any time without penalty.Any partial prepayment shall be applied first to payment of amounts then due under this contract,including unpaid accrued interest,and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. ;I Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this f' contract or change the amount of such installments. 6. REAL ESTATE TAXES AND ASSESSMENTS.Purchaser shall a estate taxes and installptents of s pay,before penalty accrues,all real ' payable in the year 19_and in all subsequent nt years.sR al estate taxes and installments of spend assessments which are due and payable in the year in which this contract is dated shall be special follows: Sellers shall pay all real estate taxes due and payable in the year ea a 1987, a aj Seller warrants that the real estate taxes and installments of special assessments which were due and cc I payable in the years preceding the year in which this contract is dated are P g 7. PROPERTY INSURANCE. paid in full. t c . (at INSURED RISKS AND AMOU NT. Purchaser shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured al coverage perils. vandalism•malicious mischief and i applicable,steam loss by fire,onforat least the amount of .he_ful l�nt�rablP vat thPrPnf boiler explosion for at 1. If any of the buildings improvements or fixtures are located in a federally designated flood prone 't..:.„) i area,and if flood insurance is available for that area,Purchaser shall procureandmaintainflood • insurance in amounts reasonably satisfactory to Seller. tb l OTHER TERMS.The insurance policy shall contain a loss payable clause in favor of Seller which • '! provides that Seller's right to recover under the insurance shall not be impaired by any acts or 2 .rt■ omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and l privileges customarily provided a mortgagee under the so-called standard mortgage clause. �: (.i< t (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchaser shall promptly give notice of such damage to Seller and the insurance company. _ 8. DAMAGE TO THE PROPERTY. tat APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty,the insurance proceeds paid on account of such damage shall be applied to payment of • the amounts payable by Purchaser under this contract,even if such amounts are not then due to be �N r j' paid,unless Purchaser makes a shall he first applied to unpaid acccruedtinterest and next to the installments to be paid as provided in this Contract in the inverse order of their maturity.Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such • • installments.The balance of insurance proceeds,if any,shall be the property of Purchaser. m�F..M Rt t ;. Exhibit Page_ of -...Pages r • e ' ? 'rf #4r3F",,, , x y !Y•- 0 I,. thl PI'Rl•HASF;R;S EI.EI TION TO REBUILD If Purchaser is not in defnult under this ronb,rt,or 4% after curing nnS•such default and if the mortgagee,in any prior mortgages and sellers in nny ' • frig I pnnr contrails for deers do,not require otherwise.l'urchn,er mn}elect to have that port.,of such•• insurance proceeds neressary to repair.replace or restore the damaged l'mpe•rty'the repair work) - deposited in escrow w ti)1 A bank or title insurance company qualified todnhailessin theStnsenf tl—1 '-1 • Minnesota.or such other part%as ma.he mut nails.agreeable to Seller anti Pun•mser.The election . . 1114 1 may only he made by written notice to Seller within sixty days after the damage occurs.Also,the • +l .� , election will only be permitted iftheplans andAlw•lftrations and contracts for the repair work nre approved by Seller, which apprn.al Seiler shall not unreasonably withhold or�rlay If such a I, permitted election is made by Purchaser.Seller and Purchaser shall jointly deposit.when paid. • 1=; - )staas'1'`; such insurance proceeds into such ectow. if such insurance proceeds are insufficient for the ;<,.• ,'' repair work. Purchaser shall. before the commencement of the n pair work,deposit into such •�,,,, escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are unavailable nr are insufficient to pay the cost of the repair work, It • ° Purchaser shall at all times be responsible to pay the full cost of the repair work.All escrowed U .1 . 4 funds shall be disbursed by the eurowee in accordance.with generally aecepf?d sound ' ; ds . construction disbursement procedures The costs incurred or to be incurred on account of surh 1 escrow shall he deposited by Purchaser into such escrow before the commencement of the repair {' work.PurchAset.shall complete the reran-work as soon as reasonably xossible nnd in a p p. { good and i ' 1 • workmanlike manner.and in any event the repair work shall be completed by I'yrchaser within �t i one year after the damage occur?. If follo win.gthe completion of and payment for the repair work. • there remain any undishursed er--row funds. such funds shall he applied to payment of the . o amounts pa}able by Purchaser under this contract in accordance with paragraph A(a)above. I 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY. ., I tat LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries n I occurring on orafterthe date of this contract to Any person or persons or property while on or about a • l the Property. Purchaser shall defend and indemnify Seller from all liability, loss, rots and i .+ i obligations.including reasonable attorneys•fees.onacrountofor arising out army such injuries. However, Purchaser shall have no liability or obligation to Seller for such injuries which are o . • caused by the negligence or intentional wrongful acts or omissions of Seller. ^t i 1b> LIABILITY INSURANCE.Purchaser shall,at Purchaser's own expense,procure and maintain , v I liability insurance against claim=for bodily injury,death and property damage occuring on or is about the Property in amounts reasonably satisfactory to Seller and naming Seller as an E ■ I ' additional insured. a ' 10.INSURANCE,GENERALLY.The insurance which Purchaser is required to procure and maintain• O . , I -, pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies i i .--Licensed to do business in the State of Minnesota and acceptable to Seller.The insurance shall be `t __t l maintained by Purchaser at all times while any amount remains unpaid under this contract.The +` insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal.termination or change in coverage.and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. --='iI I U.CONDEMNATION.Hall or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat ofcondemnation.the money paid pursuant to such condemnation or conveyance in lieu thereof shall he applied to payment of the r; amounts payable by Purchaser under this contract.even if such amounts are not then due to he paid. Such amounts shall he applied first to unpaid accrued interest and next to the installments to he paid provided in this contract in the inverse order of their maturity.Such payment shall not postpone the ; due date of the installments to he paid pursuant to this contract or change the amount of such installments.The balance,if any.shall he the property of Purchaser. 12.WASTE.REPAIR AND LiENS. Purchaser shall not remove or demolish any buildings.im• - proyementc or fixtures now or later located on or a part of the Property,nor shall Purchasercommit or ' allow waste of the Property. Purchaser shall maintain the Property in good condition and n•pair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which • constitute a lien or claim against Seller's interest in the Property.Purchaser shall pay to Seller all • amounts.costs and expenses,including reasonable attorneys'fees,incurred by Seller to remove any such liens or adverse claims. • o w 13.DEED AND MORTGAGE REGISTRY TAXES.Seller shall,upon Purchaser's full performance of this — j Z contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to I f Purchaser.The mortgage registry tax due upon the recording or filing of this contract shall be paid by a the party who records or files this contract:however,this provision shall not impair the right of Seller s4 j ew to collect from Purchaser the amount of such tax actually paid by Seller as provided in the applicable s4 , • t .j law governing default and service of notice of termination of this contract. O ' ' 14.NOTICE OFASSIGiM ENT.IfeitherSellerorPurchaserassi nstheirinterestinthePro a ' .i g peHy,a copy ' } of such assignment shall promptly be furnished to the non-assigning party. 15.PROTECTION OF INTERESTS.If Purchaser fails to pay any sum of money required under the terms • of this contract or fails to perform any of Purcha:ers'obligations as set forth in this contract.Seller may.at Seller's option,pay the same or cause the same to be performed,or both,and the amounts so s' I • paid by Seller and the cost of such performance shall he payable at once,with interest at theratestated in paragraph 4 of this contract.as an additional amount due Seller under this contract. If there now exists,or if Seller hereafter creates,suffers or permits to accrue.any mortgage,contract for . deed,lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, ' 2) and provided Purchaser is not in default under this contract,Seller shall timely pay all amounts due thereon.and if Seller fails to do so.Purchaser may.at Purc'haser's option,pay any such delinquent amounts and deduct the amounts paid from the installment's)next coming due under this contrail. I 16.DF;FM.I.T.The time of performance by Purchaser of the terms of this contract is an essential part of 2 this contract.Should Purchaser fail to timely perform any of the terms of this contract,Seller may,at Seller's option, elect to declare this contract cancelh•d and terminated by notice to Purchaser in Q accordance with applicable law.All right.title and interest acquired under this contrail by Purchaser j shall then ce•nse and terminate:and all improvement..made upon the Pro op rty andltll payments made V'' J by Purchaser pursuant to this contract shall belong to Senior as liquidated damages for breach Of this - ' contract.Neither the extension of the time for payment of any sum of •y to be paid hereunder nor any waiver by Seller of Seller's rights to declare this contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this contract bemuse of defaults suns equently o.eurring,and no extension of time shall he valid unless agreed to in writing.After aervirL of notice of default and failure to cure such default within the period allowed by law,Purchaser shall,upon demand,surrender possession of the Property to Seller,but Purchaser shall be entitled to possession of the Property until the expiration of such period. 17.BINDING EFFECT.The terms of this contract shall run with the land and!Mid the parties hereto and i their successors in interest. • A':' 5,...;n' ';+,.-,-- 1 EthibiLd PagJ of Pages ` . , ' '" _•_ I _ r.t4 Rr!,,, is At' •18.HEADIN(7S.Headings of the parngrapha of this contract are for com'enirnce only and do not define. • limit or construe the content,'of such paragraphs. • a71 i, (1D 1 19.ASSESSMENTS ili'OWNERS'ASSOCIATION.If the Property is subject to a recorded declaration Cr ,,j providing for assessments to he levied against the Pmperty by any owners' association, which e-.1 711 assessments may hcrnme a lien against the Property if not paid.then: to Purchaser shall promptly pay,when due,all assessments imposed by the owners'ass'elation or I..' other governing body as required by the provisions of the declaration or other related documents; I/ and . (b1 So long as the owners'association maintains a master or blanket policy of insurance against fire, "14" x,!' extended coverage perils and such other hazards and in much amounts as are required by this contract,then: i ti) Purchaser's obligation in this contract to maintain hazard insurance coverage on the Property is satisfied;and i. i (ii) The provisions in paragraph A of this contract regarding application of insurance proceeds : > shall be superceded by the provisions of the declaration or other related documents;and r t) (iii)In the event of a distribution of insurance proceeds in lieu of restoration or repair following an r - .i insured casualty loss to the Property,any such proceeds payable to Purchaser are hereby ' assigned and shall be paid to Seller for application to the sum secured by this contract,with J.. 'At the excess,if any,paid to Purchaser. - 20.ADpITIONAL TERMS: 1: 111 1 - Purchaser expressly acknowledges and agrees that in the event he shall sell, transfer, convey, assign or encumber his interest in the above described real estate that any I ' balance remaining under the terms of this Contract for Deed shall then become immediately m : due and payable in full. Purchaser further agrees that he will make no improvements rn'" 1 to the above described premises costing in excess of 1:20,000.00 in any calendar year - 1 without the express prior written consent of Sellers. Such consent, however, shall c not be unreasonably withheld if Purchaser shall establish a satisfactory bank line Pe of credit or in some other way guarantee that all improvements will be paid for when ! : ,. i made and that no mechanic's liens will be filed against the property. { SE�LER(S) I PURCHASERS) > f i y �es A. Kil6ane"JrL�% es! .41( ane ``� — / ' Eleanor C. Kilbane ., , r.• i State of Minnesota 1,..1 County of CARVER IThe fore o' instrument was acknowledged befo m h PdSra of October 87 by �a e5 . Kibane, Jr., and tleanorreL. "Kilbane, hutbano and wire, '19 , i NOTARIAL STAMP OR SEAL TOR OTHER TITIL OR RANI) i / . ''! A. ELR b_i r 1L PuSL MS: MINN[CHET TA Q \FIVER COUNTY dales t Ao1..AuO,s,.,tr1 1'\A'� t t `..,....,C.1121grf.----- 1110NATURE Or NOTARY PUBLIC OR OTHER OrrICIAL a ! State of Minnesota ':. ,: , o County of •CARVER a T • he foregoing instrument was acknowledged before me this ail Tray a October 19 87 1` --- by James A. Kilbane. III 1. SUTARIAI.RAMP AR c n r . • • NK, ' , / r ..rte..++�{ PAUL A.MELCHERT �- _ �•_ t �� SI0,N'ATI .r N!N1TA I IJf OR(IT;TIER llr{H'IAL • m1 -I . i NOTARY CARVER —COUNTY 'J CARVER COUNTY TA' +"'"e�s�'kovnMe.saaeenR.snyrunRrr,rwld� eY./ 0 MY Commlaion tsp".,Aug 31.,� . ,,,i CC James A. Kilbane, III Twin City Metalfab, Inc. 1 i THIS IS$TRCMENT NAR DRAFTED BY(NAME AND AbusRas, 1319 Pierce Butler Road s; - i. St. Paul. MN 55104 if ( Melchert, Hubert, Sjodin & Willemsser Pi' �° :' ! First National Bank Building Box 7 i..i Waconia, MN a5387 gam w"�.,.; RETURN TO I FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES 0 I PRIORITY OVER PURCHASER'S INTEREST IN THE PROPERTY. Exhibit. Page/. of ..Pages . . • • . ' . ' . ' • , . . . . •1 . - , , . • 1, F044, %co I M.IN/kit/IAN TY IF I() I,I •■■•14 /1.10, l •,••vt•,nd IF Ink,fl`471.) ■ . Li . I , , r .` .414'W:14114,4ft IWO",and tran-fer enl,red:Certificate i i of 1:e.ti !- 4ate V.iiiie t i fil,1 i • not required ., ... ., . , • i , . ........_ ..... ( -rt tft ate of}teal Estate Value N,.. ... , , 14 f,..:7; I • -.....— , ........, 1 . . ' ' • ____— , ... . . ; • I c..iinty Auditor ' : i ...... . / •I ' 'C 1 h. _...._______--- . ----- - • -- De ptif■ • :URCED ON • sr.%I I. of f.i)'1 AX DCF: HEREON. $ . ., _.__ .. i APR `2, 1992 Date o• . 19•' , ! . (rewn•ed for recording data) Foli v N LI•mjLF:coNsimitATioN. Cl I: I ord i. Trudy.1•1, ,i w idow and _.i.•77-em.trri..2d 1.1c1±,-121,,_And Fa....ard I.. *I ruricall and.2.1aur,en_TrudLeati,jtu:-.banti and. %ate. ,Grantor(s). , (ntst■t• view', hereby come).is)and warrant(s)to _S_L_...1:2_,Lrimersiii;:,.__a Mlariesu La.gent:L.11 partnershl.p __--- .Grantee(s), _ • real property in _ _ Ramsey_ Couoty.Minnesota.described as follows: See Exhibit "A" attached hereto and incorporated by reference herein. . . ; • . . . . :, ; . f .. 4 I.1 mote wore n needed contotoo on back) , — . together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: \ , os . a a i . v•-• 4 . . . IN; Wic.ii•-11 •• .". , Y..... .. . .••. ...4 ./... ( ," "7,-: / l.• a. I i _:,.._.._------..',r-- • • -- L.-. -'.. • • t t. •••-‹ )5.1 f evil y Ipudeau ‘',:• :I. . • : A• -Li& ir H. ; Edward L. TYUdeatt-,-) , j . . .../, ., , e i e• 1,•I 0 , . '"...:',..,:14.,41.e...,./..../ Maureen Trudeau STATE OF MINNESOTA . COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of ./..?.?ar L. -... .., N by Clifford 1. Trudeau, a widow and unrenarried person. and Edward L. Trudeau and (Dg Maureen lrudeau, husband and wife -"N ,Grantor(1). .. 4 NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK/ J Z '1 4.4,4_„14.2 .-1.4-1---e.-- -- J •44~...A.W.A.AAAAAAANIAMAWAWAA114 SIGNATVRE OP PERSON TAKLNO ACITNOWLEDOMENI ,. C2 r■ .../ • 1 sr'I. (1.4d4 c4. (1\e”..etthei is•ifie WARY PLISLIC—IiMMESOTA Tee Statements tot the Hog gneVe555 Seeerthed hi thSa Isiorusimit**told ' be seat to lloclude name sad edidtmo of Otasteo); ,NZI ' s lts. a . ANOKA COUNTY uy Co-on ititen.14/t t? 4941 F • I.- 5 .0 ... 0 ( • 5, ( i.., -4.•, ..,.., j1 • - , • . • I THIS INSTRUMENT WAS DRAFTED BY(NAMEAND ADDRESS) • • -. -. /t. • i`• . '•-• 7s Richard C. Salmen 77 sAir-en a Brinkman, P.A. (.>7 (i's' 0' '. 5 i'`1 ' to 30 E. 7th Street . St. P..ul, MN 5510) 4G/4k-so',.,w,. FIAL CO NS ER • -E PAID VilTioN MSE C ), •',1 y COUNry 1 ,.............1■41,. •' I r6 - '---) ) cr 3 ki .• . . .5 ) C 1) V-3 • 6 Exhibit__ Page / ot ---3 Pages .........—...........?„. . . • i y , 3 2645069 11ZHIBIT "A" I LEGAL DESCRIPTIO1f Parcel 4: Lots 1, 2, 3, 10, 11, 12, 13 and those parts of Lots 4 and 9, lying Northerly of a line 60 feet Northerly of and parallel with the center line of the existing paved roadway of the Pierce Butler Route, said center line being described as follows: Beginning at a point on the center line of North Syndicate Street 40 feet North of the point of intersection of said center line of North Syndicate Street and the South line of Block 2, Hersey- Woolsey Addition to St. Paul, Minnesota, produced Easterly; thence Westerly along a straight line 40 feet North of and parallel to the South line of said Block 2, Hersey-Woolsey Addition to St. Paul, Minnesota, a distance of 244.54 feet; thence on a curve to the right having a radius of 1,000 feet, delta angle 17 degrees 42 minutes to the point of intersection with the center line of Short Line Street and there terminating, all in Block 2, Hersey-Woolsey Addition to St. Paul, Minnesota. • t, !N 01! 0% i`"I N 1 r. z ' • ! 1 , ii! et J • :7? r , Exhibit_b Page of 3 Pages L_ I r I L U1 .7 • • X'!'• in'' 5 5 I Q h.:.,a: ''�rk dW 11S i a Q {• • , J e , d i 3�w i -'y :;i,� ,�^rt. Exhibit---- Page o _. Pages . • • M L 't A:.:•••,7;"4 1•.[ - ...� • i. 1 -,T • No delinquent taxes and transfer entered;Certificate JRA SEY',MIN',MINTY MN of ea� sWe:Valoee--- )filal.-()not required C.P.T.R_CQ?��D Oil Ce1fAcc peatEstate.VahI .l !! , 19 I991 JUN 30 P 2.. 04 I 1 I [(lnr n J�7 :County Auditor ::: °Z3;R CO L 7` Deputy Ssc. „7:" 17FU1►TY G•t (rngtru 4 _._ _i..5.7,'IC j' t _.___•_,,,( t!v.�"_ (reacrved for recording dau) pa t;;/bill,• MORTGAGE REGISTRY TAX DUE HEREON: S N/A (reaedform ngsgsm meaty nzpaymentdam) Date: FL`('aRNRtIY /4 .1997 rn THIS CONTRACT FOR DEED is made on the above date by I,„„.. & E Properties,a Minnesota general partnership,as Seller,and Rave Properties,LLC.,a Minnesota limited liabilitycompany,as Purchaser. Seller and Purchaser agree to the following terms: I. PROPERTY DESCRIPTION.Seller hereby sells,and Purchaser hereby buys,Seller's interest in real property in Ramsey County, Minnesota,described as follows; Lots 1,2,3, 10, I1,12, 13.and those parts of Lots 4 and 9,lying northerly of a line 60 feet northerly of and parallel with the centerline of the existing paved roadway of the Pierce Butler Route,said centerline being described as follows:Beginning at a point on the centerline of North Syndicate Street 40 feet North of the point on intersection ofsaid centerline of North Syndicate Street and the South line of Block 2,Hersey-Woolsey Addition to St_Paul,Minnesota,produced easterly;thence westerly along a straight line . 40 feet North ofend parallel to the South line ofsaid Block2,Hersey-Woolsey Addition to St-Paul,Minnesota,a distance of 244.54 feet;thence on a curve to the right having a radius of 1,000 feet,delta angle 17 degrees 42 minutes to the point of intersection with the centerline of Short Line Street and there terminating,all in Block 2, Hersey-Woolsey Addition to St.Paul,Minnesota(the 'Property'). Self certifies tttatt Seller tines N31-lavw of ay yells en the described real property. 2_ TITLE.Seller warrants that title to the Property is,on the date of this Contract,subject only to the following exceptions: ) (a) Building and zoning laws,ordinances,and state and federal regulations; 03 (b) Restrictions relating to use or improvement of the Premises without effective forfeiture provisions; Cl) (c) Reservation of any minerals or mineral rights to the State of Minnesota;and CERT_OF REAL ESTATE VALUE x (d) Easements which do not interfere with present improvements,including,but not limited to,casemcntEin avoro Northern States Power Company-over Lots 12 and 13 as evidenced by Document No.1392366 and modified by Document No.1435485-and stx... easement in favor of Northern States Power Company over Lot 1 as evidenced by Document No_1392364 and modified by Document No.1608293_ (e) The following liens or encumbrances: None. - l 3 INC. . 1 'I6 LI REGISTER 15 r 1 AE;SroTRA nul C fifEettRi , • • (...9_ Pages Exhibit_._ Page, of 3;e;f_4, Vii',...r C: ..L Forma 'D=MAO'`VanE' 2999529 Form o.55-M MinncwtallaJmmC (blaan�tatI M 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's Ml performance of this Contract,Seller shall: (a) Execute,acknowledge and deliver to Purchaser a general Warranty Deed,in recordable form,conveying marketable title to the Property to Purchaser,subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a),(b),(c),(d)and(e)of this Contract; (ii) Liens,encumbrances,adverse claims or other matters which Purchaser created,suffered or permitted to accrue after the date ofthis Contract;and (iii)The following liens or encumbrances: None. (b) Deliver to Purchaser of the abstract of title to the Property or,if the title is registered,the owner's duplicate certificate of title, if not previously delivered. 4. PURCHASE PRICE. Purchaser shall pay to Seller at 2485 rth Pascal Street,Roseville,Minnesota 55113,the suns of Two Hundred Thirty Thousand and 00/100 Dollars($230,000.00) as and for the purchase price for the Property,payable as follows: (a) Down payment in the amount of 510,000,receipt of which is hereby acknowledged by Seller,and (b) The unpaid balance of the purchase price in the amount of 5220,000.00 amortized over 15 years at the rate of 52,000.00 per month,commencing on the first day of the month following the execution of this Contract,and continuing each consecutive month thereafter fora period of two years;and (c) Principal reduction payments of525,000.00ahallbedueand payable onor before June 1,1997 and 525,000.00onor before June 1,I998:and (d) the entire unpaid principal and unpaid accrued interest thereon shall become due and payable on the second anniversary after the execution of this Contract;and (e) Interest shall accrue on the unpaid principal balance of the purchase price at the rate of 856 per year commencing upon execution of this Contract and continuing thereafter until the full payment of the principal balance of the purchase price. S. PREPAYMENT.Unless othenvise provided in this Contract,Purchaser shall have the right to fully or panially prepay this Contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this Contract, , including unpaid accrued interest,and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. 6. REAL ESTATE TAXES AND ASSESSMENTS..Purchaser shall pay,before penalty accrues,all real estate taxes and installments of special levied or pending assessments assessed against the Property after the date of this Contract and in all subsequent years that this Contract is in effect. Real estate taxes and installments of special assessments which are due and payable in the year in which this Contract is dated shall be paid in accordance with the Purchase Agreement between the parties dated January_,1997. 7. PROPERTY INSURANCE (a) INSURED RISKS AND AMOUNT.. Purchaser shall keep all buildings,improvements and fixtures now or later located on or a part of the Property insured against loss by fire,extended coverage perils,vandalism,malicious mischief and,if applicable, steam boiler explosion for at least the amount of the unpaid principal balance of this Contract together with unpaid accrued \ interest thereon.If any of the buildings,improvements or fixtures are located in a federally designated flood prone area,and if flood insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller.. -2- .. Exhibit__ Page_ of (_Pages • • •- 4I; • • HSI ro ,crFORDEED 2999529 Form No.SS-M n�'ry°' r1a�n ltiaan,r.Warta Cmr .,� etu,t, (b) OTHERTERMS.The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller,and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgagee clause. (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty,Purchaser shall promptly give notice of such damage to Seller and the applicable insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. lithe Property is damaged by fire or other casualty,the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchaser under this Contract,even if such amounts are not then due to be paid,unless Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this Contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance of insurance proceeds, if any, shall be the property of Purchaser. (b) PURCHASER'S ELECTION TO REBUILD.If Purchaser is notin defaultunderthisContract,or-after-curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise,Purchaser may elect to have that portion of the such insurance proceeds necessary to repair,replace or restore the damaged Property(the'repair work')deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota,or such other party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also,the election will only be permitted if the plans and specifications and contracts for the repair work are approved by Seller,which approval Seller shall not unreasonably withhold or delay.If such a permitted election is made by Purchaser,Seller and Purchaser shall jointly deposit,when paid,such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work,Purchaser shall,before the commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the repair work,Purchaser shall at all times be responsible to pay the full cost of the repair work_ All escrowed funds shall be disbursed by the escrow=in accordance with generally accepted sound construction disbursement procedures.The costs incurred or to be incurred on account ofsuch escrow shall be deposited by Purchaser into such escrow before the conunenccment of the repair work. Purchaser shall complete the repair work as soon as reasonably possible and Ma good and workmanlike manner,and in any event the repair work shall be completed by Purchaser within one year after the damage occurs. If,following the completion of and payment for the repair work,there remain any =disbursed escrow funds,such funds shall be applied to payment of the amounts payable by Purchaser under this Contract in accordance with paragraph 8(a)above. 9. [MAYOR DAMAGE OCCURRING ON THE PROPERTY. (a) LIABILITY.Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this Contract to any person or persons or property whileon or about the Property resulting from Purchaser's conduct.Purchaser shall defend and indemnify Seller from all liability,loss,costs and obligations,including reasonable attorneys'fees,on account of or arising out ofany such injuries resulting from Purchaser's conduct_However,Purchaser shall have no liability or obligation to Seller for such injures which are caused by the negligence or intentional wrongful acts or omissions of Selleror a third party. (b) LIABILITY INSURANCE_ Purchaser shall,at its own expense,procure and maintain liability insurance against claims for bodily injury,death and property damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. INSURANCE,GENERALLY_The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this Contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this Contract.The insurance policies shall provide for not less than thirty days written notice to Seller before cancellation,non-renewal, termination 0i-change in coverage,and Purchaser shall deliver to Seller a duplicate original or certificate ofsuch insurance policy or policies- -3- Exhibit-- Page' of Pa 'C�. gee • • • • • AM CONTRACT FOR DEED 2999529 Form No.55-ISt ``t'' ' , mt .y.acotaok. 971) 1 1. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat ofcondemnation,the money paid pursuant to such condemnation or conveyance in lieu thereofshall be applied to payment of the amounts payable by Purchaser under this Contract,even ifsuch amounts are not then due to be paid. Such amounts shall be applied first to unpaid accrued interest and next to the installments to be paid as provided in this Contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this Contractor change the amount of such installments_The balance,if any,shall be the property of Purchaser. l2. WASTE,REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings,improvements or fixtures now or later located on ora part ofthe Property,nor shall Purchaser conunit or allow waste ofthe Property..Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitutea lien orclaim against Seller's interest in the Property nor shall Purchaser make any improvements to the Property without the prior consent of Seller. Purchaser shall pay to Seller all amounts,costs and expenses. including reasonable attorney's fees, incurred by Seller to remove any such liens or adverse claims. 13.DEED AND MORTGAGE REGISTRY TAXES. Seller shall,upon Purchaser's full performance of this Contract,pay the deed tax due upon the recording or filing oldie deed to be delivered by Seller to Purchaser. The mortgage registry tax due upon the recording or filing of this Contract shall be paid by the party who records or files this Contract;however,this provision shall not impair the right of Seller to collect front Purchaser the amount of such tax actually paid by Seller as provided in the applicable laws governing default and service of notice of termination of this Contract. 14. NOTICE OF ASSIGNMENT..IfeitherSeller cr Purchaser assign their respective interest in the Prope:ty,a copy o isuch assignment shall promptly be furnished to the non-assigning party. [5. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the terms of this Contract or fails to perform any of Purchaser's obligations as set forth in this Contract,Seller may,at Seller's option,pay the same or cause the some to be performed,or both,and the amounts so paid by Seller and the cost of such performance shall be payable at once,with interest at the rate stated in paragraph 4 of this Contract,as an additional amount due Seller under this Contract. If there now exists,or if Seller hereafter creates,suffers orpemtits toaccrue,any mortgage,contract fordeed,lien or encumbrance against the Property which is not herein expressly assumed by Purchaser,and provided Purchaser are not in default under this Contract,Seller shall timely pay all amounts due thereon,and if Seller fails to do so,Purchaser may,at his option,pay any such delinquent amounts and deduct the amounts paid from the installments)next coming due under this Contract. 16.DEFAULT.. The time of performance by Purchaser of the terms of this Contract is an essential part of this Contract. Should Purchaser fail to timely perform any ofthe terms of this Contract,Seller may,at Seller's option,after providing Purchaser 30 days advance written notice,elect to declare this Contract canceled and terminated by notice to Purchaser in accordance with applicable law..All right,title and interest acquired under this Contract by Purchaserahall then cease and terminate,and all improvements made upon the Propetty and all payments made by Purchaser pursuant to this Contract shall belong to Seller as liquidated damages for breach of this Contract_Neither the extension of the time for payment ofany sum of money to b•:paid hereunder nor any waiver by Seller of Seller s right to declare this Contract forfeited by reason ofany breach shall in any manner affect Seller's right to cancel this Contract because ofdekults subsequently occurring,and no extension oftime shall be valid unless agreed to in writing.After service of notice of default and failure to cure such default within the period allowed by law.Purchaser shall,upon demand,surrender possession of the Property to Seller,but Purchaser shall be entitled to possession ofthe Property until the expiration ofsuch period. 17.BINDING EFFECT.The terms of this Contract shall run with the land and bind the parties hereto and their successors in interest. 18. HEADINGS. Headings of the paragraphs ofthis Contract are for convenience only and do not define,limit or construe the contents ofsuch paragraphs. 19..ASSESSMENTS BY OWNERS'ASSOCIATION.. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners'association,which assessments may becomes lien against the Property ifnot paid,then: (a) Purchaser shall promptly pay,when due,all assessments imposed by the owners'association or o thergoverning body as required by the provisions of the declaration orother related documents;and (b) So long as the owners'association maintains a muter orblanket policy of insurance against fire,extended coverage perils and such otherbaatds and in suchpmounts as are required by this Contract,then: -4_ Exhibit,__ Page_._ of ..._,Pages • • • • Nil catIrsAGTFOIL o® 2999529 Form No.55-M Uniform a t Forme (i) Purchaser'obligation in this Contract to maintain hazard insurance coverage on the Property is satisfied;and (ii) The provisions in paragraph 8 of this Contract regarding application of insurance proceeds shall be superseded by the provisions of the declaration or other related documents;and (iii)In the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property,any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum secured by this Contract,with the excess,if any,paid to Purchaser. 20. ADDITIONALTERMS: A. Condition of the Property.Purchaser acknowledges that it is purchasing the Property in its'as is condition and that it has had an opportunity to conduct any investigation or due diligence which it deems necessary before signing this Contract. B_ Purchaser's Environmental Release. Purchaser hereby releases Seller,its partners,employees,agents,successors and assigns, from and against any and all liability whatsoever relating to any federal,state,or local environmental laws,regulations or ordinances,or common law claims of eeting of the Property,including but not limited to,any claim based,in whole or in part, arising out of or related the Comprehensive Environmental Response,Compensation and liability Act of 1980,as amended;the Resource Conservation and Recovery Act of 1976,as amended;the Hazardous Materials Transportation Act,as amended;the Toxic Substance Control Act,as amended;the Federal Water Pollution Control Act,as amended;the Clean Water Act,as amended;the Clean Air Act,as amended;the Minnesota Environmental Response and LiabilityAct,as amended;the Minnesota Petroleum Tank Release Cleanup Act,as amended;and any other law,statute,ordinance or common law claimrelating to human health,environmental hazards or liability,regardless of whether such liabilityorclaim accrued or occurred prior to the execution of this Contract or after the execution of this Contract. This release will survive and be enforceable after the payment of all amounts payable under this Contract. C. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. , R= PURCIlrA H: C&E PROPERTIES. RAVE PROPERTIES,LLC.. a Minnesota general partnership Itu( B ' Edward I.. in eau Its (GEit_ Partner GUARANTY The undersigned hereby personally guarantees all of the obligations of Purchaser in this Contract for Deed as it the undersigned was the purchaser under this Contract for s= 41 Vaughn A.Veit STATE OF MINNESOTA ) COUNTY OF/S& )) The foregoing instrument was acknowledged before me this/7 day of I4 PN0 7 ,1997,by Edward L.Trudau,a partner C&E Properties:a Minnesota general partnership,on behalf of the partne ,y, I •MnAMAV n•wn .•non., r / 4 RICHARD G SALMEN n Koury.Public E_ : !MARTPUBUC-N1aaEbOTA MrattcouNry rr Ceeue.(Wren Jon.sa.2000 .wwwvvvrwvnn„LC+n vwvwvwww• .s Exhibit___, Page of Pages 4 , • • C ^Li ..,:•, Ea:.`::: MIUa`D..i LqJ Furor iN cotratacT FOR DEED 2999529 Form No-5S-M tD .v� B «VID STATE OF MINNESOTA ) COUNTY OF 40 SAP;a) The foregoing instrument was acknowledged before me this / day of Fv64NeQY .1997,by LA l+&ka A.I!'gtr,the GeaNeg t,rh akietbfRaveProperties,L.L.C..aMinnesotali -, . '•ity ..pany,onbehalfof the limited liability company. i Ji No ' I' s JOIiNRU MS STATE OF MINNESOTA ) �f` HOARY PUELIC1pf1NESOTA HENNEPIN COUNTY COUNTY OFAcuee,A ) � 111Coembdosd:4IrssJaa.01,2000 ,,��(( ra The foregoing instrument was acknowledged before me this jtday of Eg6t13'tpcz''Z ,i957,by Vaughn A.Veit. JOdC1R G""nk i I .F-s-� NOTARYPU3UC4.1 "OTa • .. .:4,4-.' HENNEIN COUNTY 1tlCamiubaE:haJ 31,2000 l s THIS INSTRUMENT WAS DRAFTED BY Tax Statement for the real property described in this instrument should be sent to Maun do Simon,PLC(MRG) Rave Properties,L.L.C. 2300 World Trade Center i4fllf1 VPir Plnr'' 30 East Seventh Street gDgOrc_ t.f 1. 55'174 St.Paul,M1455101-4904 FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES PRIORITY OVER PURCHASER'S INTEREST IN THE PROPERTY. 2/05/97,1411o,94239_25 • ;J : .:' -6— Exhibit Pagei2 o' _:..Pages HA LINE -AVE: - - —-- ----- ----- -- VACATED c 7 1--• 60' r 40' 1-40 1-740' 1-40' 40' 40' 40' 40' 49.65 T� �� v � ' / vl .,- I 'S' -� 1..'a 1--• F.• N I-+ Z • o -cwn c.. ;_ C rP 01 0) --I 0 0 .r (J I1. 1 1 r H s' •1' I 4[1' PI 67' o F--- —-1 III n Otd `J 1—+O j H cd I mD Co I O M I\ L _I_4g_1 c `J �i ,CP N tli uuull..........a. wuu�uuwuu H o .1.uuunm W 1 —�� ur.uumw 1- Or-7 40'-r 20' 40' 40' 40'' 61.15' f ,l'i pal < 1 a 0) ° N rf? 1��y �' fr Y O� 0)�# •d o - t., C. t 4. I o 4 I p 1 14 . 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