2002-10-30 Fence on Amoco Pipe Line Easement
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6:
Michael C. CouTi.
Andrew J. MacArthur
Robert T. Ruppe..
David R. Wendorf
.Also licensed in Illinois
COURI & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
..Also licensed in California
October 30,2002
VIA HAND DELIVERY
Scott C. Fitzgerald
Centwy 21 Christian
21000 Rogers Drive
Rogers, MN 55374
Re: Albertville; Fence on Amoco Pipe Line Easement
Dear Mr. Fitzgerald:
Pursuant to your request, enclosed please fmd the amendment to the development
contract between the City of Albertville and Edina Development Corporation, the
developer of the Albert Villas Third Addition Plat. As you are aware, this amendment
was approved by the Albertville City Council at their meeting on Monday, October 8,
2002.
Your cooperation and courtesy in this matter is appreciated. If you require further
assistance or have any questions, please do not hesitate to contact this office.
~"""r/;in.l c~.erelY'
. , ,
it. .
URobert Ruppe ~.
Couri & MacArthur
Enclosure
Cc: City of Albertville
\\Bobruppc\bob'. c\BobWbatvUlc\Albat Villu\Lc:tta" to Scott Fitzga"ald re fence.3.dot
AMENDMENT TO THE CITY OF ALBERTVILLE
CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT
ALBERT VILLAS THIRD ADDITION
THIS AGREEMENT, entered into this day of ,2002 by and
between BRIAN BOTHWELL and ANGELA BOTHWELL referred to herein as
"Owners"; EDINA DEVELOPMENT CORPORATION referred to herein as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WHEREAS, the owners of Lot 4, Block 3 of Albert Villa's Third Addition Plat as
recorded by the Office of the Wright County Recorder wishes to install a fence on their
property;
WHEREAS, Section 1(1) of the Conditional UselPlanned Unit Development
Agreement for Albert Villas Third Addition relating to the Conditional Use Permit provides
that such property is subject to a pipeline easement in favor of American Oil Company as
described in Document Number 165533 and in Book 5 of Miscellaneous, Page 546, of
the Wright County Recorder's Office and shall be restricted in use in the following manner
so long as said American Oil Company pipeline easement remains valid;
WHEREAS, the above described pipeline easement provides that no structure,
including, but not limited to, outbuildings or accessory buildings, fence, planting or other
material shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities, or which may change the direction of flow or
drainage channels in the easements, or which may obstruct or retard the flow of water
through drainage channels in the easements.
WHEREAS, Section 1(1) of the Conditional UselPlanned Unit Development
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Agreement for Albert Villas Third Addition further provides that the easement area of
each Lot including all improvements in it, shall be maintained continuously by the Owner
of the Lot, except for those improvements for which a public authority or utility company
is responsible;
WHEREAS, Section I(F) of the Conditional UselPlanned Unit Development
Agreement for Albert Villas Third Addition further provides that the Edina Development
as the Developer of said plat shall fIle deed restrictions with the Wright County Recorder of
Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements
indicating that no structures can be built within the easement areas;
WHEREAS, the owners of Lot 4, Block 3 of Albert Villas Third Addition Plat now
seek to Amend Sections 1 (F) and (I) of the Conditional U selPlanned Unit Development
Agreement for Albert Villas Third Addition to allow a fence to be installed on the property;
WHEREAS, the City and Developer have previously entered into a Developer's
Agreement titled "Conditional U selPlanned Unit Development Agreement for Albert Villas
Third Addition." (Developer's Agreement); and
WHEREAS, the Owners, the City and the Developer desire to amend the
Developers Agreement so as to remove any prohibition on the installation of fencing on
Lot 4, Block 3 of Albert Villas Third Addition Plat as evidenced by the execution of this
Agreement; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALL Y
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. That Sections 1 (1) of the Conditional UselPlanned Unit Development Agreement
for Albert Villas Third Addition be amended so as to remove any prohibition on the
installation of fencing on Lot 4, Block 3 of Albert Villas Third Addition Plat;
2. That Sections 1 (F) of the Conditional UselPlanned Unit Development Agreement
for Albert Villas Third Addition be amended to allow the deed restriction on Lot 4,
Block 3 of Albert Villas Third Addition to be modified to remove any prohibition
on the installation of fencing;
3. It is the intent of the parties that this Amendment to the Developer's Agreement
supplement the original Developer's Agreement as to the installation of fencing on
Lot 4, Block 3 of Albert Villa Third Addition Plat only, and that these two
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documents be read together to determine the rights and obligations of the parties with
respect to the property contained within the Albert Villas Third Addition Plat. In the
event of a conflict between the terms of the original Developer's Agreement and this
Amendment to the Developer's Agreement, the terms of this Developer's Agreement
shall control with respect to any conflicting issues within Albert Villas Third
Addition, but any such conflicts shall not alter the terms of the original Developer's
Agreement as they apply to other properties within said plat, now existing or to be
platted in the future.
4. Owners shall reimburse the City for its out-of-pocket costs incurred in processing
this request including, but not limited to, the city's attorney fees, administrative
costs, publishing costs, surveying costs, appraisal costs, and such other professional
costs deemed necessary by the City;
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed in their names and behalves and on or as of the date fIrst above written.
CITY OF ALBERTVILLE
By
Its Mayor
By
Its Clerk
EDINA DEVELOPMENT ORPORA TION
By
Rick Lewondowski
Its President
PROPERTY OWNERS
By
Brian Bothwell
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, .
By
Angela Bothwell
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2002, by Scott Wallace as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2002, by Linda Goeb, as Clerk-Administrator of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2002, by Rick Lewondowski, as President of Edina Development
Corporation.
Notary Public
4
~. -,
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 2002, by Brian Bothwell.
day of
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 2002, by Angela Bothwell.
day of
Notary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
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