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HomeMy WebLinkAboutContract 1822STATE OF MINNESOTA COUNTY OFANOKA  ,,.2. - / g - Oa- Case Type: Condemnation DISTRICT COURT TENTH JUDICIAL DISTRICT Columbia Heights Economic Development Authority, a public body corporate and politic, Petitioner, 3800 5th Street, LLC, a Minnesota limited liability company; Voyager Bank, a Minnesota corporation; Eugene W. Hunstad and Dorothy C. Hunstad, husband and wife, as joint tenants; J.R. Properties, a Minnesota parmership; Anoka County; City of Columbia Heights; all other parties unknown having any right, title or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, Respondents. Court File No. b°~-'O--~' -/~,7 ? PETITION AND MOTION FOR TRANSFER OF TITLE AND POSSESSION PURSUANT TO MINN. STAT. § 117.042 PARCELS C and D TO THE ABOVE-NAMED COURT: Petitioner respectfully represents and alleges as follows: 1. Petitioner is a public body corporate and politic, duly organized and existing under the laws of the State of Minnesota, created by resolution of the City of Columbia Heights and is the successor to The Housing and Redevelopment Authority in and for the City of Columbia Heights. 2. Petitioner is authorized to carry out redevelopment within its boundaries pursuant to Minnesota Statutes Chapter 469. 3. Petitioner seeks to acquire the real estate which is described in Exhibit A, in order to carry out the redevelopment objectives described in the Modification to the Downtown CBD Revitalization Plan ("Project Plan") for the CBD Redevelopment Project (the "Project Area"). RJL-258121vl CL205-25 4. On February 15, 2005, Petitioner, by resolution of its governing body, Resolution No. 2005-4, authorized the acquisition of the real estate which is legally described in Exhibit A attached hereto and incorporated herein (''Subject Property") by eminent domain proceedings for redevelopment purposes. 5. The Petitioner has found it necessary and for a public purpose to acquire the Subject Property for redevelopment purposes in accordance with the Project Plan. 6. .The Subject Property is situated in the City of Columbia Heights, County of Anoka, State of Minnesota. 7. Exhibit A attached hereto identifies all persons and entities appearing of record and known to Petitioner, as a result of due and diligent inquiry, to be the owners of, or potentially to have an interest in, the Subject Property, together with the nature of such interest, to the best of Petitioner's knowledge, information and belief. The listing of the nature of such interests on Exhibit A is for informational purposes only and is not intended to limit the right, title, estate, lien or interest of the parties named therein that the Petitioner is acquiring in the Subject Property. Without limitation, it is Petitioner's intention to acquire all of the rights, title, interests, and possession which the persons and entities named in Exhibit A may have in the Subject Property, including but not limited to the interests described in said Exhibit A. 8. Except as provided herein, to the best of the Petitioner's information and belief, none of the Subject Property is in actual public use. 9. Environmental investigation is necessary on the Subject Property, and has not yet been completed. The scope and extent of any remediation which may be required is not yet known. The total costs of investigation and any required remediation are also not yet known. 10. Petitioner requests that, pursuant to the requirements of Minn. Stat. § 117.085, the Court direct and instruct the Commissioners to be appointed herein to determine the damages RIL-258121vi 2 CL205-25 caused by the taking to make express findings of the estimated cost of removal and remedial actions that will be necessary on the Subject Property because of existing environmental contamination. 11. Petitioner further requests that at least one of the Commissioners to be appointed be knowledgeable in estimating the cost of removal and remedial actions as defined in Minn. Stat. § 117.085, as well as stigma factors that may exist as a result of past or present adverse environmental conditions that may diminish the value of the Subject Property. 12. Petitioner also expressly reserves its rights (in a separate legal action as justice may require), to the extent allowed by law, against all potential responsible parties, specifically including, but not limited to, any or all of the Respondents herein, to recover from, be defended by, be indemnified from and be held harmless from, (in addition to the estimated cost of removal and remedial actions recognized and provided for pursuant to Minn. Stat. § 117.085, as previously referenced above) past and future costs, losses, damages, other injuries, attorneys' fees, and all other costs, whether known or unknown, relating to environmental investigation and remediation, including any costs of removal or remediation actions, or other costs of response, under Minn. Stat. § l15B.01, et seq. (MERLA), or 42 U.S.C § 9601, et seq. (CERCLA), or similar laws as they presently exist or are subsequently amended, and seeks an Order from the Court expressly preserving said rights. 13. Petitioner also expressly reserves its rights (in a separate legal action as justice may require), to the extent allowed by law, against all potentially responsible parties, specifically including, but not limited to, any or all of the Respondents herein, to recover from, be defended by, be indemnified from and be held harmless from, liability for personal injury, injury to the Subject Property, ali other past or future costs, losses, damages, other injuries, attorneys' fees, and all other costs and damages, whether known or unknown, resulting from the presence of pollutants, contaminants, or hazardous substances on, undemeath, or near the Subject Property, including, but RJL-258121vl 3 CL205-25 not limited to, the soils, subsurface areas, surface waters, ground water, and air, and seeks an Order from the Court expressly preserving said rights. 14. Petitioner requires transfer of possession and title of the Subject Property to it in accordance with Minn. Stat. § 117.042 as amended, as of May 20, 2005. WHEREFORE, Petitioner prays for the order of this Court as follows: 1. That such proceedings may be had as are provided by law and that it acquire, by condemnation, 'the real estate described in Exhibit A in fee simple absolute, as against all persons or entities named in said Exhibit A and against all persons or entities unknown claiming any right, title, estate, lien or interest in the Subject Property; 2. Adjudging that said taking is for a public purpose, is necessary, and such as is authorized by law; 3. That pursuant to Minn. Stat. § 117.075, the court: (a) appoint three disinterested commissioners, and at least two alternates, who are residents of the State of Minnesota and knowledgeable about the value of real estate, to ascertain and report the amount of damages that will be sustained by the owners on account of the taking, and that at least one of the Commissioners to be appointed be knowledgeable in the estimated cost of removal and remedial actions as defined in Minn. Stat. § 117.085, as well as stigma damages that may exist as a result of adverse environmental conditions that may affect the value of the Subject Property; and (b) fix the time and place of the first meeting of the three commissioners, prescribe their compensation, direct the commissioners to determine the amount of damage caused by the taking; and require the commissioners to file their report with the Administrator of District Court within 270 days from the date of the order appointing the commissioners unless said time be further extended by order of the Court; RJL-258121vl 4 CL205-25 4. That, as requested by the Petitioner herein, and pursuant to the requirements of Minn..Stat. § 117.085, the Court direct and instruct the Commissioners to make express findings of the estimated cost of removal and remedial actions that will be necessary on the Subject Property because of existing environmental contamination; 5. That the Court fred that Petitioner has reserved its rights (in a separate legal action as justice may require), to the extent allowed by law, against all potential responsible parties, specifically including, but not limited to, any or all of the Respondents herein, to recover from, be defended by, be indemnified from and be held harmless from (in addition to the estimated costs of removal and the estimated costs of remedial actions recognized and provided for pursuant to Minn. Stat. § 117.085), past and furore costs, losses, damages, other injuries, attorneys' fees, and all other costs, whether known or unknown, relating to environmental investigation and remediation, including any costs of removal or remediation actions, or other costs of response, under Minn. Stat. § 115B.01, et seq. (MERLA), or 42 U.S.C. § 9601, et seq. (CERCLA), or similar laws as they presently exist or are subsequently amended; 6. That the Court f'md that Petitioner also has reserved its rights (in a separate legal action as justice may require), to the extent allowed by law, against all potentially responsible parties, including, but not limited to, any or all of the Respondents herein, to recover from, be defended by, be indemnified from and be held harmless from, liability for personal injury, injury to the Subject Property, all other past or future costs, losses, damages, other injuries, attorneys' fees, and all other costs and damages, whether known or unknown, resulting from t_he presence of pollutants, contaminants, or hazardous substances on, underneath, or near the Subject Property, including, but not limited to, the soils, subsurface areas, surface Waters, ground water and air; RIL-258121vl 5 CL205-25 7. That in ail such cases where, for any reason, it shall be doubtful to whom the award shall be paid, the payment be made to the Administrator of such Court to be paid out under the direction of the Court. 8. That the Court authorize the transfer of fee simple absolute title and the right of possession of the Subject Property to Petitioner effective as of May 20, 2005, upon the payment to the owners or deposit with the District Court Administrator of the Petitioner's approved appraisal of value pursuant to Minn. Stat. § 117.042, as amended for the real estate being acquired. 9. That the Court grant such other and further relief as the Court may determine to be fair and equitable and pursuant to law. Dated: Febmary.___~, 2005. By: KENNEDY & GRAVEN, Robert J. Lindall, John M. LeFevre, Jr., #61852 Bryan D. Shirley, #312964 470 US Bank.Plaza 200 South Sixth Street Minneapolis, MN 55402 (612)337-9219 ATTORNEYS FOR PETITIONER RJL'258!21vl 6 CL205-25 EXHIBIT A Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings (collectively, "Subi ect Property_") Parcel C (Abstract)PIN No. 35-30-24-34-0041 (3800- 5th Street NE) and PIN No. 35-30-24-34- 0035 (3901 - 5th Street NE) Property Addresses: 3800 - 5th Street NE and 3901 - 5th Street NE, Columbia Heights, Minnesota 55421. Legal Description of Property_ to be Acquired: All of Lots 7 and 8, Rearrangement of Block E, Columbia Heights Annex, Anoka, County, Minnesota. That part of Lots 5, 6 and 9, said Rearrangement of Block E, Columbia Heights Annex, lying Easterly of the East line of University Avenue NE, except that part thereof lying Northerly and Westerly of the following described line: Commencing at the Northeast comer of said Lot 5, in said Rearrangement of Block E, Columbia Heights Annex; thence South 30 degrees 19 minutes 23 seconds East on an assumed bearing along the Easterly line of Lots 1 through 8 in said Rearrangement of Block E, a distance of 32.33 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832, the actual point of beginning; thence South 89 degrees 45 minutes 19 seconds West a distance of 107.77 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832; thence South 51 degrees 48 minutes 07 seconds West a distance of 115.26 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832; thence South 1 degree 03 minutes 07 seconds East a distance of 54.97 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832; thence South 89 degrees 41 minutes 39 seconds West a distance of 134.51 feet, more or less, to a point on the Easterly line of University Avenue NE distant 734.92 feet Southerly from the intersection of said Easterly line of University Avenue NE and the Northerly line of Lot 1 in said Rearrangement of Block E, Columbia Heights Annex, and there terminating. EXCEPT That part of Lot 5, described as follows: Commencing at the Northeast comer of said Lot 5; thence South 30 degrees 19 minutes 23 seconds East on an assumed bearing along the Easterly line of said Lot 5 a distance of 32.33 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832, to the actual point of beginning; thence South 89 degrees 45 minutes 19 seconds West a distance of 107.77 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832; thence South 51 degrees 48 minutes 07 seconds West a distance of 27.64 feet; thence North 89 degrees 10 minutes 53 seconds East a distance of 138.61 feet to the Easterly line of said Lot 5; thence North 30 degrees 19 minutes 23 seconds West along said Easterly line of said Lot 5 a distance of 18.04 feet to the point of beginning and there terminating. RJL-258121vl c~a05-2s A-1 Lots 41 and 42, Block 70, Columbia Heights Annex to Minneapolis, except those portions thereof taken for street or highway purposes. Lots 43 to 54, inclusive, Block 70, said Columbia Heights Annex to Minneapolis. That part of Block E, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, described as follows: Beginning at the Southeast comer of Block E; thence North along the West line of Fifth Street NE, 171.6 feet; thence Northwesterly along the Southwesterly line of Lookout Place, 182 feet; thence Southwesterly to a point in the Northeasterly line of alley and in the Nm, thwesterly radial boundary line of the above described part of said Block 70, said radial boundary line being produced to the Northeasterly line of said alley; thence along the said Northeasterly line of alley Southeasterly to the North line of Thirty-Eighth Avenue NE; thence East along the North line of Thirty-Eighth Avenue to the point of beginning. Vacated Edgemoor Place lying Easterly of the Easterly line of University Avenue NE and Northerly of the North line of 3 8th Avenue NE. The vacated alley lying Easterly of and adjacent to Block 70, Columbia Heights Annex to Minneapolis, and bounded on the West by the Easterly line of University Avenue NE and bounded on the South by the Northerly line of 38th Avenue NE. Lots 7 through 12, inclusive, Block 69, Columbia Heights Annex to Minneapolis; the vacated alley in Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of the Westerly extension of the South line of the Northerly 12.5 feet of Lot 11 in said Block 69; and vacated Lookout Place lying Southerly of the Westerly extension of the South line of the Northerly 12.5 feet of Lot 11 in said Block 69. That p.art of Block 98, Columbia Heights Annex to Minneapolis, lying Easterly of the East line of University Avenue NE. (Abstract Property) Lots 13, 14, 15, 16, Block 69, Columbia Heights Annex to Minneapolis, and that part of Lot 17, Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of the Westerly extension of the North line of the South half of Lot 10 in said Block 69. (Torrens Property, Certificate No. 87560) Lots 9 through 20, inclusive, Block 2, First Subdivision of Block F, Columbia Heights, Minnesota, Anoka County, Minnesota. Lot 12, Block 1, First Subdivision of Block F, Columbia Heights, Minnesota, Anoka RJL-258121vl A-2 CL205-25 County, Minnesota. The West half of that vacated alley lying Easterly of Lots 18, 19 and 20 in said Block 2, First Subdivision of Block F, Columbia Heights, Minnesota. That vacated alley lying between Lots 9, 10 and 11 on the East and Lots 12 through 17, inclusive, on the West, in said Block 2, First Subdivision of Block F, Columbia Heights, Minnesota. That vacated street lying between Lot 12, Block 1, on the East and Lots 9, 10 and 11, Block 2, on the West, all in said First Subdivision of Block F, Columbia Heights, Minnesota. A tract of land bounded on the North by the southerly line of First Subdivision of Block F, Columbia Heights, Minnesota; bounded on the West by the West line of Block 2 in said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly; bounded on the East by the East line of Block 1 in said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly; and bounded on the South by a line parallel with and 10 feet distant Northwesterly (measured at right angles) from the center line of the main track of the Minneapolis, St. Paul and Sault Ste. Marie Railroad Company's so called Columbia Heights spur. (Abstract Property) Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements, if any. According to the map or plat thereof on file and of record in the offices of the County Recorder and Registrar of Titles in and for Anoka County, Minnesota. Name Nature of Interest 3800 5th Street, LLC, a Minnesota limited Fee Owner liability company RJL-258121vl A-3 CL205-25 Name Nature of Interest Voyager Bank, a Minnesota corporation Voyager Bank, a Minnesota corporation Anoka County City of Columbia Heights All other parties unknown, together with unknown heirs or devisees and spouses, if any Mortgage and Security Agreement and Fixture Financing Statement executed by 3800 5th Street, LLC, a Minnesota limited liability company, dated April 15, 1999, filed April 21, 1999, as Document Nos. 1423419 (abstract) and 332794 in the original principal amount of $1,445,000. Amended by Extension of Mortgage dated April 15, 2004, filed July 2, 2004, as Documents Nos. 1937515 (Abstract) and 470916 (Torrens). Assignment of Leases and Rents executed by 3800 5th Street, LLC, a Minnesota limited liability company, dated April 15, 1999, filed April 21, 1999, as Document Nos. 1423420 (Abstract) and 332795 (Torrens). Real Estate Taxes Special Assessments Any right, title or interest in the Subject Property RJL-258121vi A-4 CL205-25 Parcel D (Abstract) PIN No. 35-30-24-34-0013 and PIN No. 35-30-24-34-0014 (515 and 519 3 8th Avenue N.E.) Property Addresses: 515 and 519 - 38th Avenue N.E., Columbia Heights, Minnesota 55421. Legal Description of Property to be Acquired: Lot 27 and the East 13 feet of Lot 28, Block 83, Columbia Heights Annex to Minneapolis; and Lots 24, 25 and 26, Block 83, and the vacated alley North and adjacent to said lots, Columbia Heights Annex to Minneapolis Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Name Nature of Interest Eugene W. Hunstad and Dorothy C. Hunstad, Fee Owner husband and Wife, as joint tenants J.R. Properties, a Minnesota partnership Purchaser under Contract for Deed by and between Eugene W. Hunstad and Dorothy C. Hunstad, husband and wife, as Seller, and J.R. Properties, a Minnesota partnership, as Purchaser, dated July 28, 1994, filed August 5, 1994, as Document No. 1129843 Anoka County Real Estate Taxes City of Columbia Heights Special Assessments All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property RJL-258121vl A-5 CL205-25 STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT Case Type: Condemnation Columbia Heights Economic Development Authority, a public body corporate and politic under Minnesota law, Petitioner, VS. 3800 5th Street, LLC, a Minnesota limited liability company; Voyager Bank, a Minnesota corporation; Eugene W. Hunstad and Dorothy C. Hunstad, husband and wife, as joint tenants; J.R. Properties, a Minnesota parmership; Anoka County; City of Columbia Heights; all other parties unknown having any right, title or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses; if any, Court File No. C5-05-1678 NOTICE OF HEARING ON PETITION AND NOTICE OF MOTION FOR ORDER AUTHORIZING TRANSFER OF TITLE AND POSSESSION PURSUANT TO MINN. STAT. § 117.042 PARCELS C and D Respondents. TO THE ABOVE NAMED RESPONDENTS AND THEIR ATTORNEYS, IF ANY: YOU WILL PLEASE TAKE NOTICE that the hearing on petition in the above captioned matter has been scheduled for April 4, 2005, at 10:00 a.m., before the presiding Judge at Civil Special Term, Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota, when the Petitioner will present to the above-named court its petition for the condemnation of certain lands in the City of Columbia Heights, County of Anoka, State of Minnesota, which are more particularly described in Exhibit A to the Petition. RJL-259326v 1 CL205-29 At said time and place, Petitioner also will move the court for an order authorizing Petitioner to transfer title and possession of the real estate described in Exhibit A to the Petition on file herein to Petitioner pursuant to Minn. Stat. § 117.042 upon Petitioner's payment or deposit of its approved appraisal of value, effective as of May 20, 2005. No party need appear except to object to the relief sought in the Petition and Motion. Dated: February 22, 2005 Bryan D. Shirley (312964) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9219 ATTORNEYS FOR PETITIONER RIL-259326v I 2 CL205-29 CITY OF COLUMBIA HEIGHTS 5 C UJL '-(0 ,() ") / L~ ~ DATE: MAY 3, 2005 TO: PATTY MUSCOVITZ DEPUTY CITY CLERK 1,/ vU ;'"L WILLIAM ELRITE " I CITY CLERK FROM: RE: NOTICE OF DISMISSAL Attached are several documents from Kennedy & Graven in relationship to acquiring property for the Industrial Park and Huset Park redevelopment projects. These documents should be appropriately filed in LaserFiche and cross-referenced with previous documents I have forwarded to you regarding this same subject. Thank you for your attention to this matter. WE:sms o503291ADM Attachments: Kennedy & Graven Letter Dated April 27, 2005 Court File No. C5-05-1678 Notice of Dismissal and Dismissal with Respect to Parcel C c: Bob Streetar, Community Development Director WE:sms 050503 1 ADM Attachment C H ART ERE 0 470 U.S. Bank Plaza 200 South Sixth Sneer Minneapolis, MN 55402 (612) 337-9300 relephone (612) 337-9310 fax hrrp:llwww.kennedy-graven.com Kennedy Graven' ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 MSBA Board Certified Real Property Law Specialist April 27, 2005 i;:'J ,', (; <.) And All Interested Persons on the Attached Service List Re: Columbia Heights Economic Development Authority v. 3800 Sth Street, LLC, et al. Anoka County District Court File No. CS-05-1678 Parcel C Dear Interested Parties: Enclosed herewith and hereby served upon you please find the Notice of Dismissal and Dismissal with respect to Parcel C in the above referenced matter. l: yoms, Robert J. Lind 11 RJL:peb Enclosures (y;I> ) cc: Randy Schumacher (w/enc.) Mitchell Cox (w/enc.) Jo1m Herman (w/enc.) Steve Bubul (w/o enc.) RJL-262019vl CL205-29 SERVICE LIST CL205-25 PARCELS C AND D Last Updated: April 13, 2005 Parcel No. Interested Party and Address All City of Columbia Heights c/o City Clerk 590 -40th Avenue N.E. Columbia Heights, MN 55421-3835 All Anoka County .A..noka County Cou..rthouse Attn: Sara McCartney, Deputy Auditor 325 Main Street Anoka, MN 55303 C 3800 5th Street, LLC, a Minnesota limited liability company c/o Thomas M. Duffy 7500 E. Arapahoe Road #345 Centennial, CO 80112 C Voyager Bank, a Minnesota corporation 775 Prairie Center Drive Eden Prairie, MN 55344 RJL-259420v2 CL205-29 STATE OF MINNESOTA DISTRICT COURT COUNTYOFANOKA TENTH JUDICIAL DISTRICT Case Type: Condemnation Columbia Heights Economic Development Authority, a public body corporate and politic under Minnesota law, Court File No. C5-05-1678 Petitioner, NOTICE OF DISMISSAL AND DISMISSAL WITH RESPECT TO PARCEL C vs. 3800 5th Street, LLC, a Minnesota limited liability company; Voyager Bank, a Minnesota corporation; Eugene W. Hunstad and Dorothy C. Hunstad, husband and wife, as joint tenants; lR. Properties, a Minnesota partnership; Anoka County; City of Columbia Heights; all other parties unknown having any right, title or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, Respondents. TO THE ABOVE-NAMED COURT AND THE PARTIES ON THE ATTACHED SERVICE LIST: Pursuant to Rule 41.01(a)(1) of the Minnesota Rules of Civil Procedure, the petitioner hereby dismisses this action with respect to Parcel C described in Exhibit A attached hereto. Petitioner does not hereby intend to dismiss any other properties from this proceeding or to hereby dismiss any respondent named with respect to said other properties. RJL-261961vl CL205-29 . z,b Dated: Apnl_, 2005. By: RJL-261961vl CL205-29 Robert J. Linda! (63 77) JohnM. LeFevre, f. (61852) Bryan D. Shirley (312964) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9219 ATTORNEYS FOR PETITIONER EXIllBIT A Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings (collectively, "Subiect Property") Parcel C (Abstract) PIN No. 35-30-24-34-0041 (3800 - 5th Street NE) and PIN No. 35-30-24-34- 0035 (3901 - 5th Street NE) Property Addresses: 3800 - 5th Street NE and 3901 - 5th Street NE, Columbia Heights, Minnesota 55421. Legal Description of Property to be Acquired: All of Lots 7 and 8, Rearrangement of Block E, Columbia Heights Annex, Anoka, County, Minnesota. That part of Lots 5, 6 and 9, said Rearrangement of Block E, Columbia Heights Annex, lying Easterly of the East line of University Avenue NE, except that part thereof lying Northerly and Westerly ofthe following described line: Commencing at the Northeast corner of said Lot 5, in said Rearrangement of Block E, Columbia Heights Annex; thence South 30 degrees 19 minutes 23 seconds East on an assumed bearing along the Easterly line of Lots 1 through 8 in said Rearrangement of Block E, a distance of 32.33 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832, the actual point of beginning; thence South 89 degrees 45 minutes 19 seconds West a distance of 107.77 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832; thence South 51 degrees 48 minutes 07 seconds West a distance of 115.26 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832; thence South 1 degree 03 minutes 07 seconds East a distance of 54.97 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832; thence South 89 degrees 41 minutes 39 seconds West a distance of 134.51 feet, more or less, to a point on the Easterly line of University Avenue NE distant 734.92 feet Southerly from the intersection of said Easterly line of University Avenue NE and the Northerly line of Lot 1 in said Rearrangement of Block E, Columbia Heights Annex, and there terminating. EXCEPT That part of Lot 5, described as follows: Commencing at the Northeast corner of said Lot 5; thence South 30 degrees 19 minutes 23 seconds East on an assumed bearing along the Easterly line of said Lot 5 a distance of 32.33 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832, to the actual point of beginning; thence South 89 degrees 45 minutes 19 seconds West a distance of 107.77 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832; thence South 51 degrees 48 minutes 07 seconds West a distance of 27.64 feet; thence North 89 degrees 10 minutes 53 seconds East a distance of 138.61 feet to the Easterly line of said Lot 5; thence North 30 degrees 19 minutes 23 seconds West along said Easterly line of said Lot 5 a distance of 18.04 feet to the point of beginning and there terminating. RJL-261961vl CL205-29 A-l Lots 41 and 42, Block 70, Columbia Heights Annex to Minneapolis, except those portions thereof taken for street or highway purposes. Lots 43 to 54, inclusive, Block 70, said Columbia Heights Annex to Minneapolis. That part of Block E, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, described as follows: Beginning at the Southeast corner of Block E; thence North along the West line of Fifth Street NE, 171.6 feet; thence Northwesterly along the Southwesterly line of Lookout Place, 182 feet; thence Southwesterly to a point in the Northeasterly line of alley and in the Northwesterly radial boundary line of the above described part of said Block 70, said radial boundary line being produced to the Northeasterly line of said alley; thence along the said Northeasterly line of alley Southeasterly to the North line of Thirty-Eighth Avenue NE; thence East along the North line of Thirty-Eighth Avenue to the point of beginning. Vacated Edgemoor Place lying Easterly of the Easterly line of University Avenue NE and Northerly of the North line of 38th Avenue NE. The vacated alley lying Easterly of and adjacent to Block 70, Columbia Heights Annex to Minneapolis, and bounded on the West by the Easterly line of University Avenue NE and boundedon the South by the Northerly line of 38th Avenue NE. Lots 7 through 12, inclusive, Block 69, Columbia Heights Annex to Minneapolis; the vacated alley in Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of the Westerly extension ofthe South line ofthe Northerly 12.5 feet of Lot 11 in said Block 69; and vacated Lookout Place lying Southerly of the Westerly extension of the South line of the Northerly 12.5 feet of Lot 11 in said Block 69. That part of Block 98, Columbia Heights Annex to Minneapolis, lying Easterly of the East line of University Avenue NE. (Abstract Property) Lots 13, 14, 15, 16, Block 69, Columbia Heights Annex to Minneapolis, and that part of Lot 17, Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of the Westerly extension of the North line of the South half of Lot 10 in said Block 69. (Torrens Property, Certificate No. 87560) Lots 9 through 20, inclusive, Block 2, First Subdivision of Block F, Columbia Heights, Minnesota, Anoka County, Minnesota. Lot 12, Block 1, First Subdivision of Block F, Columbia Heights, Minnesota, Anoka RlL-261961vl CL205-29 A-2 County, Minnesota. The West half of that vacated alley lying Easterly of Lots 18, 19 and 20 in said Block 2, First Subdivision of Block F, Columbia Heights, Minnesota. That vacated alley lying between Lots 9, 10 and 11 on the East and Lots 12 through 17, inclusive, on the West, in said Block 2, First Subdivision of Block F, Columbia Heights, Minnesota. That vacated street lying between Lot 12, Block 1, on the East and Lots 9, 10 and 11, Block 2, on the West, all in said First Subdivision of Block F, Columbia Heights, Minnesota. A tract of land bounded on the North by the southerly line of First Subdivision of Block F, Columbia Heights, Minnesota; bounded on the West by the West line of Block 2 in said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly; bounded on the East by the East line of Block 1 in said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly; and bounded on the South by a line parallel with and 10 feet distant Northwesterly (measured at right angles) from the center line of the main track of the Minneapolis, St. Paul and Sault Ste. Marie Railroad Company's so called Columbia Heights spur. (Abstract Property) Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements, if any. According to the map or plat thereof on file and of record in the offices of the County Recorder and Registrar of Titles in and for Anoka County, Minnesota. Name Nature of Interest 3800 5th Street, LLC, a Minnesota limited Fee Owner liability company RJL-261961vl CL205-29 A-3 Name Nature of Interest Voyager Bank, a Minnesota corporation Mortgage and Security Agreement and Fixture Financing Statement executed by 3800 5th Street, LLC, a Minnesota limited liability company, dated April 15, 1999, filed April 21, 1999, as Document Nos. 1423419 (abstract) and 332794 ill the original principal amount of $1,445,000. Amended by Extension of Mortgage dated April 15, 2004, filed July 2, 2004, as Documents Nos. 1937515 (Abstract) and 470916 (Torrens). Voyager Bank, a Minnesota corporation Assignment of Leases and Rents executed by 3800 5th Street, LLC, a Minnesota limited liability company, dated April 15, 1999, filed April 21, 1999, as Document Nos. 1423420 (Abstract) and 332795 (Torrens). Anoka County Real Estate Taxes City of Columbia Heights Special Assessments All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property RJL-261961vl CL205-29 A-4 SERVICE LIST CL205-25 PARCELS C AND D Last Updated: April!3, 2005 Parcel No. Interested Party and Address All City of Columbia Heights c/o City Clerk 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3835 All Anoka County Anoka County Courthouse Attn: Sara McCartney, Deputy Auditor 325 Main Street Anoka,MN 55303 C 3800 5th Street, LLC, a Minnesota limited liability company c/o Thomas M. Duffy 7500 E. Arapahoe Road #345 Centennial, CO 80112 C V oyager Bank, a Minnesota corporation 775 Prairie Center Drive Eden Prairie, MN 55344 RJL-259420v2 CL205-29