2004-08-31 Access EasementMichael C. Couri~
Andrew J. MacArthur
Robert T. Ruppe•*
David R. Wendorf
*Also licensed in /llinois
**Also licensed in California
August 31, 2004
Mr. Daryl Gugig
Chelsea Property Group, Inc.
103 Eisenhower Parkway
Roseland, NJ 07068
CDURI, MACARTMUR &
R UPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 5 5 3 76-03 69
(763) 497-1930
(763) 497-2599 (FAX)
courianclmacarthur@pobox. com
Re: City of Albertville; Outlets at Albertville 2°d Addition.
Dear Daryl:
As you requested, please find enclosed a recorded copy of Access Easement
executed by Contractor Property Developers Company. Please feel free to contact me
with any questions you may have. Thank you.
Sincerely,
~~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
Cc: !,,,harry Kruse, City Administrator
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Doc. N o. A 899667
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed andlor Recorded on
03-10-2004 at 11:25.
Check #: 124473 Fee: $ 20.00
Payment Code d2
Addl Fee
Larry A. Unger, County Recorder
ACCESS EASEMENT
CPG PARTNERS, L.P., a Delaware Limited Partnership, (hereinafter `Developer'),
and Contractor Property Developers Company, a Minnesota corporation, Albertville Strip
Mall, LLC, a Minnesota limited liability company, Manchester II LLC, a Minnesota
limited liability company, and Albertville Lodging, LLC, a Minnesota limited liability
company (collectively, "North Property Owner"), hereby grant perpehial; reciprocal
easements of access according to the following terms:
1. Developer owns Lot 1, Block 1 of Outlets at Albertville Second Addition, Wright
County, Minnesota ("Outlet Property").
2. North Property Owner, collectively, owns real property described as Lots 1 through 6,
The Shoppes at Towne Lakes One, Wright County, Minnesota ("North Property").
3. Developer shall permit ingress and egress to and from the North Property over the
Outlet Property at the location shown on the attached Exhibit A ("Shared Private
Driveway").
4. North Property Owner shall permit ingress and egress to and from the Outlet Property
over the North Property at the Shared Private Driveway.
5. The benefited and burdened properties under this Agreement are the Outlet Property
and the North Property.
6. The cost of maintenance and repair of those portions of the Shared Private Driveway
which are located on the North Property shall be borne by the North Property Owner.
7. The cost of maintenance and repair of those portions of the Shared Private Driveway
which are located on the Outlet Property shall be borne by the Developer.
8. Except for temporary and reasonable activities required in connection with
construction, maintenance, repair and replacement, no obstruction which would
prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any
portion of the Shared Private Driveway shall be erected, condoned or permitted by the
TCA ~ ~ ~L ~~ Return To: Tri-County Abst.
2945287v5
i ,
owner of any property benefited by the Shared Private Driveway, its tenants, invitees
or licensees, nor shall any other conduct, passive or affirmative, including but not
limited to the parking or storage of vehicles, be permitted which would in any manner
restrict the rights of the respective owners of any of the benefited property, their
tenants, invitees and licensees to fully utilize the shared private driveway for the
purposes permitted herein. However, in no event shall any owner allow any
construction-related traffic that will cause damage to the shared driveway to utilize
the shared driveway, nor shall any owner allow traffic to use said shared driveway
which has a weight rating which exceeds the weight rating for which said shared
driveway was designed and constructed.
9. Should an owner fail to repair or maintain that portion of said Shared Private
Driveway located on said owner's property, the other owner may undertake making
or causing any defective condition existing on said Shared Private Drive to be cleaned
up, repaired or maintained as outlined below:
a. For all conditions not arising from the accumulation or deposit of snow on
the shared drive, the other owner shall give the defaulting owner fifteen (15} days
notice via certified mail and facsimile transmission thereof, and if the defaulting
owner fails to cure within 15 days of the notice (or fails to prosecute said cure
diligently to completion if it cannot reasonably be finished within said 15 day
period), the other owner will be granted the right and the privilege to complete the
defaulting owner's obligations and to bring Iegal action against the defaulting owner
to collect any sums due for the cost of the work performed, plus all costs and
attorney's fees incurred in enforcing this Agreement.
b. The fifteen day notice period shall be deemed to run from the date of deposit
in the United States Mail and the transmission of the facsimile.
c. For all conditions arising from the accumulation or deposit of snow on the
shared drive, the other owner shall give the defaulting owner twenty-four hours
notice via telephone and facsimile transmission thereof, and if the defaulting owner
fails to cure within said twenty-four hour period, the other owner will be granted the
right and die privilege to complete the defaulting owner's obligations and to bring
legal action against the defaulting owner to collect any sums due for the cost of the
work performed, plus all costs and attorney's fees incurred in enforcing ibis
Agreement.
10. Developer's address for notice is as follows:
CPG Partriers, L.P.
c/o Chelsea Property Group, Inc.
103 Eisenhower Parkway
Roseland, New Jersey 07068
24952B7v5
2
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North Property Owner's address for notice is as follows:
The Slaoppes at Towne Lakes One Retail Owners' Association
Contractor Property Developers Company
3030 Centre Pointe Drive, Suite 800
Roseville, Minnesota 55113
Either party may, by notice to the other, change its notice address. Notices given
hereunder will be deemed received on the day delivered if sent by hand or by overnight
carrier with delivery confirmed, or on the third business day following sending by certified
mail, return receipt requested.
In the event The Shoppes at Towne Lakes One Retail Owners' Association, a Minnesota
non-profit corporation that is the owner's association for The Shoppes at Towne Lakes
One, ceases to exist or ceases to act as the owner's association, then notices to North
Property Owner shall be delivered to the fee owner of Lot 5, Block 1, The Shoppes at
Towne Lakes One.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the
date set forth below.
CPG PARTNERS, L.P. CONTRACTOR PROPERTY
By: C ea Pro rty ,Inc. NY
P
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PERS CO
DEVELO
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Date: -02 ~ - ~o~`•I_ Date: a - ~ 3 ~ d 1/
ALBERTVILLE LODGING, LLC ALBERTVILLE STRIl' MALL, LLC
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By:
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MANCHESTER II LLC
By:1 ~Q~~ ~0 1 ~~,.~.
Name: lu~ro9~-~~ 1 t w~.•~~~e
Title: Cf~- t ~•~ Uv~ n-N r~ E Z.
Date : ~ ~ ~~-(o- o ~
2~795287v5 3
STATE OF NEW JERSEY
COUNTY OF
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This instrtunent was acknowledged before me on February ,~ 2004, by
J k,j ~r~ t~ Irt n the ~-~i-,~r'~ ~~ ~ r~ vr-Frr,~rir r,~ of
CPG PARTNERS, L.P., a limited partnership under the laws of Delaware, on behalf of
th limited partnership. ~,~ ~ . ~ ~: ~ ~ .
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STATE OF MINNESOTA ~.~ •~`~' . , ~ `~ `
COUNTY OF R~f~~Y
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This instrument was acknowledged before me on February ~_ ~' , 2004, by
r~ t`'ZN i~.'t t e ~ the ~~ ...i h r ~ of
Albertville Lodging, LLC, a limited liability company under the laws of Minnesota, on
behalf of the company.
NOTARY PUBLIC
STATE OF MINNESOTA
[seal] ,p~ MITCHELL J. RENpEL
~,~ ~ NOTARY PUBUGMINNESOTA
a,,,,,. My Comm. Exp. Jan. 31, 2008
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COUNTY OF 1~1•S'E'Y
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This instrument was acknowledged before me on February ~ ~ , 2004, by
E'~tlern K-ett~r' the ~%' w ~1f ~- of
Albertville Strip Mall, LLC, a limited liability company under the laws of Minnesota,
on behalf of the company.
NOTARY PUBLIC
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[seal] ~~ MITCHELL J. RENGEL
NOTARY PUBUGMINNESO'fA
„~.~ My Comm. Exp. Jan. 31, 2005
2ansza~Vs 4
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STATE OF MINNESOTA
COUNTY OF RAMSEY
ss.
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2004 b
'his instrument was acknowledged before ,, me onIi FFebruary ;~ , Y
r ~ T I ~i L t' 1l,Jl~'111.,'l~ ,.' ~ ,~ Of
LU t I.1~~~,1~ t 1l'1~'1l1~'~L-`'v ,the ~~_ i
Manchester II LLC, a limited liability company under the laws o~htinnesota, on behalf
of the company.
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} ~(1 J ~;~~_ '~ ~• . ~ [seal] AMY M. GOHMAN
1 44 1.~~ k "~~ NOTARY PUBLIC - MINNE50T'A
N(cS.TAR'Y PUBLIC ~tvty Camm. Exp. Jan. 3i, 2006
STATE OF IVIINNESOTA
COUNTY OF RAMSEY
ss.
This instrument was acknowledged before me on February 2004, by
_~•M1G~-tAEL. W9~tL~~ ,the ~~~~. ~~9A~t~ of
Contractor Property Developers Company, a corporation under the laws of
Minnesota, on behalf of the corporation.
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OTARY PUBLIC
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5~ •;'-~ ~ u;AY BELLANGER
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` ~ ~nFIIC MIFINESOTA
~• ,Ornt~1155ION E::PItRES
2005
~,,~„~ JANUARY 31,
This instrument was drafted by:
Shannon Hoagland
onar ree an
380 St. Peter Street, Suite 500
St. Paul, 1`MT 55102
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~ALBERTVILLE 2ND ADDITION
Proposed Access
Easement
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Date 02/08/04
The Shoppes at
Easement
Towne Lakes One Sketch
Albertville. Minneeow
200310905KP01 DWG
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AFFIDAVIT OF SERVICE
STATE OF MINNESOTA
COUNTY OF WRIGHT
SS.
Tern Hedquist, being first duly sworn, says that on the 24th day of
May, 2004 she served the attached documents on the person shown below by
depositing a true copy of each thereof at 4:30 p.m. in the United States mail,
postage prepaid, at the City of Albertville, Wright County, Minnesota, addressed
to said person at the following address:
CPG Partners, LP
103 Eisenhower Parkway
Roseland, NJ 07068
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Te ° Hed ui t
Subscribed and sworn to before me
this 24`h day of May, 2004.
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BRIDGET MARIE MILLER
.` NOTARY PUBUC•MINNES07A
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~, ~ ~ .l ~y Commission Expires Jan. 31, Zppe
Notary P