2025-01-21 Settlement Agreement City of Albertville vs Michael & Heidi PotterSTATE OF MINNESOTA
COUNTY OF WRIGHT
City of Albertville, Minnesota,
Plaintiff
VS.
Michael J. Potter, Heidi B. Potter and
Norby Land Corporation, a Minnesota
Corporation,
Defendants.
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil - Ordinance Violation
Court File No. 86-CV-23-5596
SETTLEMENT
AGREEMENT
Whereas, Michael and Heidi Potter (collectively, "Potter") own land in the
City of Albertville, Wright County, Minnesota ("City"), legally described as
follows ("Property"):
The Northwest Quarter of the Northwest Quarter (NW '/ of NW '/) of
Section 6, Township 120, Range 23, Wright County, Minnesota, except the
following:
Beginning at the Northwest corner of Section 6, Township 120, Range 23,
and running South on the Section line 33 feet for a starting point; thence
South on the Section line 30 rods; thence East at right angles 16 rods;
thence North 30 rods; thence West parallel with the Section line 16 rods to
place of beginning.
Also Except:
The East 460 feet of the Northwest Quarter of the Northwest Quarter of
Section 6, Township 120, Range 23.
Also Except:
Beginning at the Northwest corner of Section 6, Township 120, Range 23
and running South on the Section line 33 feet; thence continuing South on
the Section line 30 rods; thence East at right angles 16 rods to the point of
beginning; thence continue East on the same line 11 feet; thence Northerly
to a point 16 rods and 18 feet East of a point, which is 33 feet South of the
Northwest corner of said Section 6; thence West 18 feet to a point 16 rods
East of a point 33 feet South from the Northwest corner of said Section 6;
thence South 16 rods to the point of beginning of the land to be herein
described.
Whereas, there currently exists on the Property an array of different items
and materials stored outdoors and further described below ("Materials"); and
Whereas, the City initiated litigation against Potter in Wright County
District Court case file no. 86-CV-23-5596 entitled "City of Albertville vs.
Michael J. Potter, Heidi B. Potter and Norby Land Corporation" ("Litigation")
seeking to have the Materials removed from the Property; and
Whereas, the City and Potter now desire to settle the Litigation upon the
terms and conditions set forth below;
NOW, THEREFORE, the City and Potter agree as follows:
1. The City acknowledges that the Potters have removed the following
Materials from the Property:
A. Fencing materials previously laying on the Property.
B. All piping and hoses except those used to pump water from the ditch for
use in the garden.
C. All aluminum and other scrap metal
D. All scrap wood and pallets.
E. All plastic and rubber storage containers.
F. Concrete barriers.
G. Cables.
H. Metal rack for washing gravel.
I. All plate steel, angle iron/steel, aluminum tubing and cables.
J. Metal forms for use in concrete driveway.
K. Light standards.
L. John Deere Tractor (green).
2. The following Materials may remain on the Property indefinitely until a
building is constructed on the Property (unless otherwise noted):
A. One riding lawn mower in working condition.
B. Skid loader and trailer, along with bucket, forklift and trenching
attachments, provided it is stored adjacent to the bushes in the location
shown on the attached Exhibit A.
P
C. Two large cylindrical containers used to hold water for use in watering
the garden on the Property and the pump and hoses needed to pump the
water, provided they remain in annual use for gardening.
D. Boulders that are currently on the Property.
3. No other Materials will be stored on the Property after the date hereof
except as set forth in paragraph 2 above or unless such storage complies
with all City ordinances.
4. At such time as Potter is no longer in title to the Property, all outdoor
storage on the Property shall be brought into compliance with the City
Code as it exists at the time of such property transfer.
5. The City may enter onto the Property for inspection purposes at reasonable
times.
6. In the event Potter violates the terms of this Settlement Agreement, the City
may enter onto the Property to remove and dispose of items in violation of
this agreement'after providing 3 business days' notice to Mike or Heidi
Potter. In the event the City removes and disposes of such items per this
paragraph, the Potters agree to hold the City harmless and release the City
from any and all claims related to the items removed and disposed of. In
such event, Potter shall reimburse the City for the costs of disposing of such
items.
7. The fences on the Property located along the cemetery property and along
MacIver Avenue may stay in place, but must be brought into compliance
with City Code upon issuance of a building permit on any portion of the
Property.
8. Upon the execution of this document by the City and Potter and its filing in
Wright County District Court, the parties authorize the Court to dismiss this
Litigation in its entirety.
9. All parties shall pay their own costs and attorney's fees in this matter.
10. This Agreement contains the entire Agreement between the Parties hereto.
The terms of this Agreement are contractual and not mere recitals. This
Agreement may not be modified or changed, except by writings signed by
the Parties hereto. This Agreement shall be construed in accordance with
and governed by the laws of the State of Minnesota.
3
Dated: January Z 1, 2025
" F
Heidi B. Potter