2021-02-16 Amendment to Master Planned Unit Development Agreement�5 %�
Doc. No. A1461812
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
March 10, 2021 3:35 PM
Fee: $46.00
: o 30013. if 121, 611:i_, 6113U. IfJ6y.j IU691, i )669
Tanya West, County Recorder
CITY OF ALBERTVILLE
AMENDMENT TO MASTER PLANNED UNIT
DEVELOPMENT AGREEMENT
TOWNE LAKES
WHEREAS, the City of Albertville ("City"), a Minnesota municipal corporation, and
Contractor Property Developers Company entered into an Agreement titled "Master Planned Unit
Development Agreement Towne Lakes" ("Developer's Agreement") dated August 6, 2001 and
recorded as document number 756748 at the Wright County Recorder's Office, Wright County,
Minnesota; and
WHEREAS, the Developer's Agreement regulated the uses of Lot 1, Block 5 of Town
Lakes ("Lot 1"); and
WHEREAS, Contractor Property Developers Company has transferred ownership of Lot
1 to Scherer Bros. Lumber Company ("Scherer"); and
WHEREAS, Scherer has requested that the City change the regulations affecting Lot 1;
WHEREAS, Scherer and the City now desire to enter into this City of Albertville
Amendment to Master Planned Unit Development Agreement Towne Lakes ("Agreement") to
modify the Developer's Agreement as it pertains to Lot 1; and
WHEREAS, the Towne Lakes Community Association ("Association") has been
established and has an interest in Lot 1 under the Developer's Agreement and is a party to this
Agreement.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Paragraph LT and LU of the Developer's Agreement shall not apply to Lot 1.
R E ETUr,j" . I
Custom Home Builders Title, LLC
10850 Old County Road 15, #100
Plymouth, MN 55441
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2. Scherer shall pay the cost of moving the dock that is currently moored at Lot 1 to a location
owned or managed by the Association on the same lake that the dock is currently located
on. The Association shall determine the location to which the dock is to be moved.
Scherer shall cooperate with the Association in moving said dock.
3. Any buildings constructed on Lot
1 shall be compliant
with all
Association regulations,
including
those
of
the
Town
Lakes
Master
Architectural
Control
Committee.
4. Lot 1 shall be governed by the restrictions set forth in paragraphs 1.A., 1.I., 1.V.1 1.X. and
I.Y. of the Developer's Agreement.
S. Scherer agrees to pay the City's expenses, including planner's fees and attorney's fees
related to the change of use of Lot 1 set forth herein and the preparation of this Amendment.
6. Scherer shall grant an easement to the Association, a copy of which is attached hereto as
"Exhibit A" and made part of this Agreement by reference, to keep and maintain the
Association outbuilding currently on Lot 1, said easement to remain in place for so long as
the Association maintains said outbuilding on Lot 1, including such reasonable time as
necessary to replace said building in the event it is destroyed by fire or other hazard.
7. The Association acknowledges that the parking lot currently existing on Lot 1 may be
removed by Scherer, and further acknowledges that the City may seek to construct a
parking lot in the future on the park property abutting East Laketown Drive and West
Laketown Drive.
8. Except as specifically altered by this Amendment, the terms of the Developer's Agreement,
shall remain in full force and effect for Lot 1.
9. This Agreement shall bind the heirs and successors of Scherer.
Dated this 101h day of February, 2021.
CITY OF ALBERTNILLE,
M
am
ian Hendrickson, Mayor
2
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of February, 2021 by
Jillian Hendrickson 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.
MICHAEL. C. COURI
Notary PubRe, State of Nnneela
My Commission Expires
January 31, 2025
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
Noriary Public
C
The foregoing instrument was acknowledged before me this 101h day of February, 2021, by
Kristine A. Luedke, as City Clerk of the City of Albertville, a Minnesota municipal corporation, on
behalf of the city and pursuant to the authority of the City Council.
KRIST'IE A MOSENC
Notary Public
• Minnesota
My Commis E*m January 31, 2025
tary Public
[The remainder of this page has been intentionally left blank]
3
STATE OF MINNESOTA
COUNTY OF
4A&Vm
%. I'W- r
ss.
SCHERER BROS,
ER COMPANY
By
Its: G
The fore oing instrument was acknowledged before
%elki, 2021, by j4tbl- L. S� the
Bros. Lumber Company.
CARA BETA LEO
Notary Public -Minnesota
My Commission Expires Jan 31, 20
24
- - - - - - & A% ri
e this
K4-r "C.60 of
[The remainder of this page has been intentionally left blank]
day of
Scherer
0
0
STATE OF MINNESOTA )
ss.
COUNTY OF )
. The foregoing instrument
. Qril 920219b
-y-2
take's Comm nity Association.
DRAFTED BY:
Court & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-193 0
TOWNE LAKES COMMUNITY ASSOCIATION
By r
Its: `'<<`
day of
of the Town
5
EXHIBIT A
EASEMENT
Scherer Bros. Lumber Co., a Minnesota corporation, Grantor, for valuable consideration,
receipt of which is hereby acknowledged, does hereby convey and warrant to the Towne Lakes
Community Association ("Association"), a Minnesota non-profit corporation, Grantee, for
purposes of constructing, maintaining and using a building owned by the Grantee (the
"Outbuilding"), together with the unrestricted right to improve the same, the following described
easement over, across and under real estate in the County of Wright, in the State of Minnesota,
legally described as follows (the "Easement Area"):
An easement over that part of Lot 1, Block 5, TOWNE LAKES, according to the
recorded plat thereof, Wright County, Minnesota, described as follows: Beginning at the
most easterly corner of said Lot 1, Block 5, thence northerly, along the easterly line of
said Lot I. Block 5, along a curve concave to the east, having a radius of 136.00 feet and
a central angle of 8 degrees 31 minutes 13 seconds, a distance of 20.22 feet, the chord of
said curve bears North 36 degrees 13 minutes 06 seconds West, plat bearing, distant
20.21 feet; thence South 58 degrees 02 minutes 19 seconds West, a distance of 16.31 feet;
thence South 44 degrees 21 minutes 23 seconds West, a distance of 28.57 feet; thence
South 37 degrees 00 minutes 09 seconds East, a distance of 16.73 feet to the
southeasterly line of said Lot 1, Block 5; thence northeasterly along said southeasterly
line, on a curve concave to the north, not tangent to the last described course, having a
radius of 360.00 feet and a central angle of 7 degrees 02 minutes 30 seconds, a distance
of 44.24 feet.
Said Easement Area is graphically depicted on the attached Exhibit A.
The easement shall run with the land and shall be binding upon the parties hereto, and their
successors and assigns, for so long as the Association maintains the Outbuilding, including such
reasonable time as necessary to replace said building in the event it is destroyed by fire or other
hazard, provided such reasonable time shall not exceed 180 days.
Grantor represents and warrants to the Association that Grantor is the fee owner of Lot 1,
Block 5, TOWNE LAKES, Wright County, Minnesota, and has the right, title and
capacity to grant the easement described above.
The Grantor shall indemnify and hold the Association, its successors and assigns,
harmless from any and all claims, damages, costs and expenses, arising out of or resulting
from use of the Easement Area by the Grantors, their tenants, licensees, guests or
invitees, except to the extent that any such claims arise from the negligence or intentional
acts of the Association, or its agents.
Nothing herein contained
shall be
deemed to be a grant or
dedication of any portion of
the
Easement Area to the
general
public
or for any public
purpose whatsoever,
it being
Co
the intention that the grant of easement shall be strictly limited to and for the purposes
herein expressed.
Dated:
Scherer Bros.
STATE OF MINNESOTA )
°�"" S.S.
COUNTY OF f-+u�l�.G(�i//� )
ber Co.
&V�/Z--.,
and sworn to before me this day of Fes, 2021 by
§�pbscn"bed
..�-(�(' L Sc.qrere� as PCj-oS U of Scherer Bros. Lumber Co., a
Minnesota corporation, on behalf of the corporation.
COLLEEN RAE SKEIE NORENBERG
Notary Pubiic
Minnesota
My Commission Expires
Jan 31, 2022
This instrument was drafted by:
Court & Ruppe, P.L.L.P.
PO Box 369
St. Michael, MN 55376-0369
Phone: (763) 497-1930
Notary Public
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