Title CommitmentISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS ISSUING AGENT FOR
CHICAGO TITLE INSURANCE COMPANY CITYOFCHANHASSEN
RECEIVED
Commitment Number: CA 27943 3rd Supplemental MAY Q 9 2014
SCHEDULE A
CHANHASSEN PLANNING DEPT
1. Effective Date: February 3, 2014 at 07:00 AM
2. Policy or Policies to be issued: Amount
(a) Owner's Policy ( ALTA Own. Policy (06/17/06) )
Proposed Insured:
(b) Loan Policy ( ALTA Loan Policy (06/17/06) )
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
Westwood Community Church, a Minnesota non -profit corporation, as to Tracts Aand B
5. The land referred to in the Commitment is Torrens Property (Tract A) (Certificate No. 33400)and Abstract
Property (Tract B) situated in Carver County, State of Minnesota and is described as follows:
SEE EXHIBIT AATTACHED HERETO
FOR REFERENCE PURPOSES ONLY:
The company has not verified, does not insure, and makes no representation that the information below is
about the above insured property. According to insured's representation or vesting instrument(s), the
street address and pin /tax ID # of the property have been represented to the company as follows:
Address: 3121 Westwood Drive, Excelsior, MN 55331
PIN/Tax ID # 25.0083310
Carver County AbsAacttle Co,,
6y :,
_Au_th_o'rjz_e&W�a_tory
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ALTA Commitment
Schedule A(6 /17/06) (CA 27943.PFD/CA 27943/104)
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT NUMBER CA 27943 3rd Supplemental
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to in this Commitment is Torrens Property (Tract A) (Certificate No. 33400)and Abstract
Property (Tract B) situated in the County of Carver, State of Minnesota, and is described as follows:
TRACT A
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range
23 West of the 5th Principal Meridian, described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69
degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest
Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence
South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21
minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a
distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds West, a distance of 822.99 feet;
thence South 1 degree 58 minutes 09 seconds East, a distance of 206.39 feet; thence South 28 degrees 11
minutes 51 seconds West a distance of 368.57 feet; thence South 41 degrees 10 minutes 18 seconds West a
distance of 410.76 feet; thence South 7 degrees 50 minutes 18 seconds West a distance of 350.24 feet;
thence South 13 degrees 35 minutes 53 seconds East a distance of 397.22 feet; thence South 8 degrees 05
minutes 03 seconds East a distance of 38.84 feet; thence North 89 degrees 43 minutes 07 seconds West
about 385 feet, to the shoreline of Lake Minnewashta; thence southerly along said shoreline, to the south line
of Government Lot 8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of
Government Lot 8 about 1756 feet to the southeast corner of said Government Lot 8; thence South 89
degrees 32 minutes 36 seconds East, along the south line of said Northwest Quarter of the Southwest
Quarter, a distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast corner of said
Northwest Quarter of the Southwest Quarter; thence North 0 degrees 34 minutes 36 seconds West a distance
of 281.21 feet; thence South 89 degrees 40 minutes 26 seconds East a distance of 225.90 feet; thence North
0 degrees 23 minutes 47 seconds West a distance of 17.74 feet; thence North 89 degrees 05 minutes 22
seconds East a distance of 20.56 feet, to the east line of said Northwest Quarter of the Southwest Quarter;
thence North 0 degrees 54 minutes 38 seconds West; along last said East line, a distance of 1046.12 feet to
said point of beginning.
EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69
degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest
Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence
South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21
ALTA Commitment (CA 27943.PFD /CA 27943/104)
ExhibitA
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT NUMBER CA 27943
EXHIBIT A
PROPERTY DESCRIPTION
(continued)
minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a
distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet;
thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning of
the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of
486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North
71 degrees 39 minutes 26 seconds West, a distance of 486.30 feet; thence South 10 degrees 46 minutes 16
seconds West, a distance of 451.81 feet to the point of beginning.
ALSO EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range
23 West of the 5th Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69
degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest
Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence
South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21
minutes 19 seconds East a distance of 40.00 feet, to point hereinafter referred to as "Point A "; thence North
69 degrees 13 minutes 44 seconds West a distance of 283.38 feet; thence South 10 degrees 46 minutes 16
seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of
115.18 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39
minutes 26 seconds East a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East a
distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 131.14 feet;
thence North 10 degrees 46 minutes 16 seconds East, a distance of 40.62 feet; thence North 69 degrees 13
minutes 44 seconds West a distance of 355.20 feet; to a point distant 638.58 feet northwesterly from the
above referenced "Point A "; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet;
thence South 1 degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11
minutes 51 seconds West a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a
distance of 1266.35 feet, to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds
West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a distance of 390.62
feet to the point of beginning.
ALSO EXCEPT
All of Zimmerman Farm 1st Addition, according to the recorded plat thereof, including Lots 1 and 2, Block 1
and the roads dedicated to the public in said plat.
ALSO EXCEPT
That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest
Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty -three (23) West of
the 5th Principal Meridian, described as follows:
ALTA Commitment (CA27943.PFDICA 279431104)
ExhibitA
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT NUMBER CA 27943
EXHIBIT A
PROPERTY DESCRIPTION
(continued)
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69
degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest
Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence
South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21
minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a
distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet;
thence South 71 degrees 39 minutes 26 seconds East, a distance of 617.44 feet; thence North 10 degrees 46
minutes 16 seconds East, a distance of 451.81 feet to the point of beginning of the land to be described;
thence continuing North 10 degrees 46 minutes 16 seconds East; a distance of 56.31 feet; thence North 69
degrees 42 minutes 15 seconds West, a distance of 131.82 feet; thence South 10 degrees 46 minutes 16
seconds West, a distance of 60.84 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of
131.14 feet to the point of beginning.
ALSO EXCEPT
That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One Hundred
Sixteen (116) North, Range Twenty -Three (23) West of the 5th Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69
degrees 42 minutes 15 seconds West (based on a bearing of North 0 degrees 35 minutes 15 seconds West
for a straight line between the northwest corner and the southwest corner of said Section 9) a distance of
750.1 feet to the point of beginning of the land to be described; thence continue North 69 degrees 42 minutes
15 seconds West a distance of 228.35 feet; thence South 36 degrees 06 minutes 16 seconds West a distance
of 18.77 feet to the northerly corner of the easterly end of Field Lane, dedicated in Sunset Hill on Lake
Minnewashta, according to the found monumentation of the recorded plat thereof; thence South 38 degrees
21 minutes 19 seconds East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly
corner of said easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West,
along the southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10
degrees 46 minutes 16 seconds West a distance of 40.62 feet; thence South 71 degrees 39 minutes 26
seconds East a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of
60.84 feet to said point of beginning.
TRACT B
That part of the Northwest Quarter (NW Y4) of the Southwest Quarter (SW114) of Section 9, Township 116
North, Range 23 West of the 5th Principal Meridian described as follows:
Beginning at the southeast corner of said Northwest Quarter (NW %) of the Southwest Quarter (SW %4);
thence on an assumed bearing of North 89 degrees 33 minutes 03 seconds West, along the south line of said
Northwest Quarter (NW %)of the Southwest Quarter (SW Y4), a distance of 248.27 feet; thence North 0
degrees 35 minutes 13 seconds West a distance of 131.30 feet; thence South 89 degrees 09 minutes 03
seconds East a distance of 247.58 feet to the east line of said Northwest Quarter (NW %) of the Southwest
ALTA Commitment (CA 27943.PFD /CA 27943/104)
Exhibit A
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT NUMBER CA 27943
EXHIBIT A
PROPERTY DESCRIPTION
(continued)
Quarter (SW %); thence South 0 degrees 54 minutes 38 seconds East, along said east line, a distance of
129.59 feet to the point of beginning, according to the plat on file or of record in the office of the County
Recorder, Carver County, Minnesota.
That part of the of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116 North, Range
23 West of the 5th Principal Meridian described as follows:
Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an
assumed bearing of North 89 degrees 33 minutes 03 seconds West, along the South line of said Northwest
Quarter of the Southwest Quarter, a distance of 248.27 feet; thence North 0 degrees 35 minutes 13 seconds
West a distance of 131.30 feet to the point of beginning of the land to be described; thence North 0 degrees
35 minutes 13 seconds West a distance of 149.91 feet; thence South 89 degrees 41 minutes 03 seconds
East a distance of 225.90 feet; thence
North 00 degrees 24 minutes 24 seconds West, a distance of 17.74 feet; thence North 89 degrees 04
minutes 45 seconds East, a distance of 20.56 feet to the East line of said Northwest Quarter of the Southwest
Quarter; thence South 0 degrees 54 minutes 38 seconds East, along said east line, a distance of 169.97 feet,
more or less, to the intersection with a line which bears South 89 degrees 09 minutes 03 seconds East from
the point of beginning; thence North 89 degrees 09 minutes 03 seconds West a distance of 247.58 feet to the
point of beginning.
Together with an easement for driveway purposes over the west 25.00 feet of the east 50.00 feet of the
following described property:
That part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 23
West of the 5th Principal Meridian described as follows:
Beginning at the southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an
assumed bearing of North 89 degrees 33 minutes 03 seconds West, along the south line of said Northwest
Quarter of the Southwest Quarter, a distance of 248.27 feet; thence North 0 degrees 35 minutes 13 seconds
West a distance of 131.30 feet; thence South 89 degrees 09 minutes 03 seconds East a distance of 247.58
feet to the east line of said Northwest Quarter of the Southwest Quarter; thence South 0 degrees 54 minutes
38 seconds East, along said east line, a distance of 129.59 feet to the point of beginning.
ALTA Commitment (CA27943.PFD /CA 27943/104)
ExhibitA
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS ISSUING AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
Commitment Number: CA27943 3rd Supplemental
SCHEDULE B
EXCEPTIONS
Upon payment for the full consideration to, or for the account of, the grantors or mortgagors, and recording of
the deeds and /or mortgages, the form and execution of which are satisfactory to the Company, the policy or
policies to be issued shall contain exceptions in Schedule B thereof to the following matters (unless the same
are disposed of to the satisfaction of the company):
1. If an Owner's Policy is to be issued, the mortgage encumbrance, if any, created as part of the
purchase transaction.
2. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this
commitment.
3. Rights or claims of parties in possession not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed
by an accurate survey and inspection of the premises.
5. Easements or claims of easements not shown by the public records.
6. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed
by law and not shown by public records.
7. Taxes or special assessments which are not shown as existing liens by the public records.
8. General and special taxes and assessments as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
(A)
Real estate taxes due and payable in 2014 are in the amount of $4,277.07 and are Unpaid. Base tax
is $0.00 (Exempt)
Non - homestead.
Property Identification No. 25.0083310 (Tracts Aand B)
Note: There are no delinquent taxes of record.
(B) NOTE: Levied or pending assessments, if any
(C) Any charges for municipal services (i.e., water, sewer, correction of nuisance conditions, etc.) are
the responsibility of the parties to this transaction. For information regarding the existence of any such
bills, contact the appropriate municipal office.
9. WE REQUIRE that standard form of affidavit, or affidavits, be furnished to us at closing.
10. NOTE: This commitment was prepared to show the status of title for platting purposes.
ALTA Commitment
Schedule B (06117/06) (CA 27943.PFD /CA 27943/105)
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS ISSUING AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
Commitment Number: CA 27943 3rd Supplemental
SCHEDULE B - EXCEPTIONS
(Continued)
11. Subject to Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing
Statement dated May 21, 2002, filed May 31, 2002, as Document No. T127366, executed by
Westwood Community Church, a Minnesota Non - profit Corporation, to First National Bank of Chaska
in the original principal amount of $14,250,000.00.
Amended by Mortgage Modification Agreement dated September 24, 2009, filed September 25, 2009,
as Document No. T172606, and as Document No. A508214, adding Tract B.
Extended to December 1, 2023 by Mortgage Modification Agreement dated March 29, 2013, filed April
23, 2013, as Document No. T188175, and filed April 23, 2013, as Document No. A575557.
12. Subject to Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing
Statement dated September 24, 2009, filed September 25, 2009, as Document No. T172607, and filed
September 25, 2009, as Document No. A508215, executed by Westwood Community Church, a
Minnesota Non - profit Corporation, to KleinBank in the original principal amount of $6,000,000.00.
Modified by Mortgage Modification Agreement dated March 29, 2013, filed April 23, 2013, as
Document No. T188176, and filed April 23, 2013 as Document No. A575558.
13. Subject to Assignment of Leases and Rents dated September 24, 2009, filed September 25, 2009, as
Document No. T172608, executed by Westwood Community Church, a Minnesota Non - profit
Corporation, to KleinBank in the original principal amount of $6,000,000.00.
Modified by Assignment of Leases and Rents Modification Agreement dated March 29, 2013, filed April
23, 2013, as Document No. T188177, and filed April 23, 2013 as Document No. A575559.
14. Easement for electric transmission line purposes as granted to Minnesota Valley Electric Cooperative
by instrument dated July 21, 1938, filed January 9, 1939 in Book 43 of Deeds, Page 195 and as
confined by Partial Release of Easement dated October 22, 1990, filed November 9, 1990, as
Document No. 119406.
NOTE: Appears as recital on Certificate of Title.
15. Subject to the rights of the public driving over the Northerly portion of subject premises shown as an
existing bituminous road as shown on Certificate of Survey, by Metro Land Surveying dated June 20,
1997.
16. Affidavit by City of Chanhassen as to Tanadoona Drive dated July 8, 1997, filed July 22, 1997, as
Document No. T97513.
17. Assessment Agreement with City of Chanhassen dated June 1, 2001, filed June 22, 2001, as
Document No. T120020.
ALTA Commitment
Schedule B (06/17/06) (CA 27943.PFD /CA 27943/105)
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS ISSUING AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
Commitment Number: CA 27943 3rd Supplemental
SCHEDULE B - EXCEPTIONS
(Continued)
18. Rights of the public, the County of Carver, the State of Minnesota and other governmental entities, in
and to that part of the premises in question, if any, taken or used for road purposes.
19. Grant of Permanent Easement to City of Chanhassen dated June 1, 2001, June 22, 2001, as
Document No. T120021.
20. Grant of Temporary and Permanent Easements to City of Chanhassen dated June 1, 2001, filed as
Document No. T120022.
21. City of Chanhassen Site Plan Permit 04 -20 dated July 12, 2004, filed October 27, 2004, as Document
No. T149297.
22. Grant of Temporary Easement to City of Chanhassen dated September 13, 2004, filed October 28,
2004, as Document No. T149325.
23. Permanent Access Easement to City of Chanhassen dated August 3, 2004, filed October 28, 2004, as
Document No. T149326.
24. Permanent Drainage and Utility Easement to City of Chanhassen dated August 31, 2004, filed October
28, 2004, as Document No. T149327.
25. Permanent Drainage, Uitlity and Roadway Easement to City of Chanhassen dated August 31, 2004,
filed October 28, 2004, as Document No. T149328, and filed October 28, 2004, as Document No.
A399978.
26. Permanent Drainage and Uitlity Easement to City of Chanhassen dated August 3, 2004, filed October
28, 2004, as Document No. T149329.
27. Public Improvement and Special Assessment Agreement dated August 21, 2007, filed August 30,
2007, as Doc. No. T164299, by and between the City of Chanhassen and Westwood Community
Church.
28. Conditional Use Permit No. 2009 -03, dated March 23, 2009, filed April 21, 2009, as Document No.
T170369.
29. Permit No. 09 -03, dated March 23, 2009, filed October 2, 2009, as Document No. T172704.
30. Easement for acess by Regents of the University of Minnesota granted to Sharon L. Eischens as
created in Document No. 189830, dated March 3, 1995, filed January 10, 1996. (Tract B)
ALTA Commitment
Schedule 8 (06117/06) (CA27943.PFD /CA 27943/105)
ISSUED BY
CARVER COUNTY ABSTRACT & TITLE CO., INC.
AS ISSUING AGENT FOR
CHICAGO TITLE INSURANCE COMPANY
Commitment Number: CA27943 3rd Supplemental
SCHEDULE B - EXCEPTIONS
(Continued)
31. Subject to Final Certifcate for State Trunk Highway 41 dated June 16, 1959, filed August 7, 1959, in
Book "M" of Miscellaneous, Page 273. (Tract B)
32. Subject to an easement for roadway purposes over the East 25 feet, as reserved in various document
of record. (Tract B)
33. Terms and Conditions of Access Easement dated October 17, 1994, filed January 10, 1995, as
Document No. 176177. (Tract B)
34. Rights of adjoining owners to concurrent use of the easement at Schedule A. (Tract B)
END OF SCHEDULE B EXCEPTIONS
ALTA Commitment
Schedule B (06/17106) (CA 27943.PFD /CA 27943/105)