2025-06-27 Maintenance Agreement for Lots in Albertville Plaza-RecordedDOCUMENT #: A1580993
07-15-2025 at 1:36 PM
Certified filed and or recorded on above date
TANYA WEST
WRIGHT COUNTY RECORDER
WRIGHT COUNTY, MN
Pages: 35 Fee Amount: $46.00 By: JL
This document has been electronically recorded.
Return To: First American Title Insurance Company -
MAINTENANCE AGREEMENT BY AND BETWEEN
THE CITY OF ALBERTVILLE AND
THE OWNERS OF LOTS WITHIN ALBERTVILLE PLAZA ADDITIONS
FOR THE MAINTENANCE OF REAL PROPERTY
LOCATED IN THE CITY OF ALBERTVILLE,
WRIGHT COUNTY, MINNESOTA
CITY OF ALBERTVILLE
MAINTENANCE AGREEMENT
FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS
THIS MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA
ADDITIONS (this "Agreement"), made this J-1 day of 3U%-VV 2025, by and between
EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, ,IKZ HOLDINGS,
LLC, a Minnesota limited liability company, PHOENIX RENTALS IV, LLC, a Minnesota
limited liability company, REICHERT PROPERTIES LLC, a Minnesota limited liability
company, and BEATRICE RODEN, a single individual (collectively, "Owners") and the CITY
OF ALBERTVILLE, a municipality of the State of Minnesota ("City").
1. DEFINITIONS. The following terms, unless elsewhere defined specifically in this
Agreement, shall have the meanings as set forth below:
a. OWNERS. "Owners" initially shall mean Excelsior Property, LLC, JKZ Holdings,
LLC, Phoenix Rentals IV, LLC, Reichert Properties LLC, and Beatrice Roden,
collectively. It is acknowledged that the Owners may sell the lots in the Plats
referred to herein. Each and all subsequent assignees of the Property or any portion
thereof shall collectively be deemed to be an Owner for the purpose of this
Agreement. If any portion of the Property becomes subject to a contract for deed,
the contract for deed vendee shall be deemed to be the Owner unless the contract
for deed specifies otherwise and notice thereof is given to the City. In the event of
an assignment, transfer or conveyance of the ownership of any of the Property
without retaining any beneficial interest other than under the terms of a mortgage
or without simultaneously acquiring a new interest in such parcel by way of
leasehold, life estate or other possessory interest, then the obligations hereunder
will be deemed assigned, transferred and conveyed to such transferee, assignee, or
grantee; the obligations will be deemed assumed by such transferee, assignee or
grantee with the interest so acquired and the assignor, transferor, or grantor shall be
deemed released from its obligations and liabilities hereunder effective as of the
date of such assignment, transfer and conveyance. Notwithstanding the foregoing,
any mortgagee who takes title to such parcel by foreclosure or deed in lieu of
foreclosure shall be liable to perform the obligations burdening such Property
pursuant to this Agreement.
b. PLAT. "Plat" means the combined plats of Albertville Plaza, Albertville Plaza
Second Addition and Albertville Plaza Third Addition, all of which are on file and
2
of record in the office of the Wright County Recorder comprised of real property
located in the City of Albertville, Wright County, Minnesota (collectively, the
"Plat").
C. PROPERTY. Property means Lots 1, 2, and 3 of Block 1 Albertville Plaza, and
Lots 1 and 2 of Block 1, Albertville Plaza Second Addition, and Lot 1 of Block 1
and Outlots A and B, Albertville Plaza Third Addition (collectively, the
"Property"), according to the plats on file at the Wright County Recorder's Office,
Wright County, Minnesota.
d. SANITARY SEWER. "Sanitary Sewer" shall mean all sanitary sewer mains
constructed in the Plat, but shall not include the stubs to the individual lots within
the Plat. The legal description (and depiction, as applicable) for the easement area
of the portion of the Plat for Sanitary Sewer is set forth on the attached Exhibit A.
e. STREETS. "Streets" shall mean the three roadways constructed within the Plat
("Streets"). The legal description for the area comprising the Streets is set forth on
the attached Exhibit B.
f. STORM SEWER. "Storm Sewer" shall mean all storm sewer pipes and
appurtenances constructed in the Albertville Plaza plat and the Albertville Plaza
Second Addition plat. The depiction of the easement area of the portion of the Storm
Sewer is set forth on the attached Exhibit C. The storm sewer located in the
Albertville Plaza Third Addition plat shall not be considered as part of the Storm
Sewer that is governed by this Agreement.
g. STORM WATER PONDS. Storm Water Ponds shall mean those portions of the
Albertville Plaza Second Addition plat which have been set aside as ponds into
which storm water drains ("Storm Water Ponds"). The depiction of the Storm Water
Ponds is set forth on the attached Exhibit D. Ponds constructed in the Albertville
Plaza Third Addition plat shall not be considered as part of the Storm Water Ponds
that are governed by this Agreement.
h. WATER MAIN. "Water Main" shall mean the municipal water pipes and
appurtenances constructed in the Plat but shall not include the stubs to the individual
lots within the Plat. The legal description (and depiction, as applicable) for the
easement area of the portion of the Plat for Water Main is set forth on the attached
Exhibit A.
2. MAINTENANCE OF STREETS UTILITIES AND PONDING.
a. STREETS. The City shall provide snow and ice control services to the Streets
identified on Exhibit B at the Owners' expense as set forth in paragraph 3.a below.
i. The Owners, via the Albertville Plaza Association, a property owners'
association ("Association"), shall provide paving, seal coating, pothole
patching, crack sealing, curb repair and replacement, road
reconstruction and other non -snow and non -ice control maintenance to
such Streets at their own expense. A copy of the Articles of
Incorporation of the Albertville Plaza Association is attached hereto as
Exhibit E.
ii. The Owners shall maintain such Streets in a commercially reasonable
manner, similar to the condition that the City maintains public streets
abutting commercial businesses elsewhere in the City.
iii. Notwithstanding the foregoing provisions of this §2.a, neither shall the
owner nor their successors or assigns of the following lots be
responsible for any deferred maintenance of the streets in Albertville
Plaza and/or Albertville Plaza Second Addition, or any costs, expenses,
fees or the like associated therewith ("Deferred Maintenance Costs") as
set forth in Schedule 1 hereto: (1) Lot 1, Block 1, Albertville Plaza
Third Addition; (2) Outlot A, Albertville Plaza Third Addition and (3)
Outlot B, Albertville Plaza Third Addition.
b. SANITARY SEWER AND WATER MAIN. The City shall maintain, as a regular
expense of the City's utility funds, the Sanitary Sewer main and municipal Water
Main that are located in the Streets described on Exhibit B, provided, however, that
in the event the City must excavate in the Streets to maintain the sewer or water
line, the City shall restore that portion of the Streets that are disturbed to grade in
gravel form and the Owners shall be responsible for patching the bituminous
pavement or replacing curb that had to be removed. The City reserves the right to
determine how replacement of the Sanitary Sewer and Water Mains may be paid
for in the future should such replacement be needed. The City's policy at the time
of the execution of this Agreement is that such replacement is paid for with City
utility funds. However, the parties recognize that this funding policy may change
in the future, and this Agreement shall not be interpreted to bind the City to pay for
the replacement of Sanitary Sewer and Water Mains described in this paragraph.
Rather, whether such replacement costs are to be paid for using City utility funds
or are specially assessed to the abutting property owners shall be determined at the
time such replacement may occur. It is the expectation of the parties that at the
time of such future replacement, the City will endeavor to apply the same funding
policy that it has applied to the then immediately prior two instances of Sanitary
Sewer and Water Main replacement.
C. STORM SEWER AND PONDING. The City shall maintain, repair, and replace
the Storm Sewer, and Storm Water Ponds (including cleaning such Storm Water
Ponds) located on the Albertville Plaza and Albertville Plaza Second Addition plats
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in the same manner and with the same degree of care as if such items were owned
by the City, but such maintenance shall be at the expense only of the owners of lots
in the Albertville Plaza and Albertville Plaza Second Addition plats as set forth in
paragraph 3.b below. Such maintenance shall include periodic dredging of the
Storm Water Ponds but not mowing the grass around such Storm Water Ponds. In
the event the City must excavate to maintain the Storm Sewer lines, the City shall
restore that portion of the Storm Sewer line that had improvements located above
it to grade in gravel form and the Albertville Plaza and Albertville Plaza Second
Addition owners shall be responsible for patching concrete or bituminous pavement
or replacing any structures that had to be removed. The owners of the ponds in
Albertville Plaza Third Addition shall each maintain the storm sewer and ponds
located on their own lots in good working condition at all times at their own
expense.
3. MAINTENANCE COSTS.
a. Streets Maintenance Cost. The City will bill the Owners for the costs of
performing the street maintenance services under this Agreement on a quarterly
basis, provided, however, that the City may forward such billing to the Association
to which all properties subject to this Agreement are currently members, at the
request of all such members. In such case, the Association shall pay such billing,
but the City retains the right to seek payment from the Owners in the event the
Association fails to fully pay such billing in a timely manner. Such costs shall be
reasonable and in proportion to the actual costs of the City performing such
services. Initially, the City's cost for each time it snow plows the Streets shall be a
minimum of $250.00 for a one -hour plowing event ($150.00 per plowing, $50.00
per hour for labor with a one -hour minimum and $50.00 per piece of equipment per
hour). The City may change the initial per snowplowing charge as its costs of
performing such service change. Such cost modifications for the next winter
snowplowing season shall be provided to the Owners in writing by September 30"'
immediately prior to the winter snowplowing season that such cost changes will be
effective. The total costs of maintenance of the Streets, and any Deferred
Maintenance Costs set forth on Schedule I shall be allocated among the lots in
proportion to their square footage as listed on Schedule 2 attached hereto.
b. Storm Sewer and Storm Water Ponds Maintenance Cost.
The City will bill the owners of lots in Albertville Plaza and Albertville Plaza
Second Addition for the costs of performing the Storm Sewer and Storm Water
Ponds maintenance services under this Agreement on a quarterly basis. Such costs
shall be reasonable and in proportion to the actual costs of the City performing such
services. The total costs of maintenance of the Storm Sewer and Storm Water Ponds
shall be allocated among the Albertville Plaza and Albertville Plaza Second
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Addition lots in proportion to their square footage as listed on Schedule 2 attached
hereto.
C. Terms of Payment.
Such charges shall be invoiced to the Owners and shall be due and payable by the
Owners within sixty (60) days after invoicing ("Due Date") by the City. Bills not
paid by the Due Date shall incur the standard penalty and interest established by
the City for utility bills within the City. If any such payment is not made in full
when due, the City may certify to Wright County the amounts due and payable with
real estate taxes in the next calendar year; the parties agree that such certifications
may be made under Minnesota Statutes, Chapter 444 or Chapter 429, in a manner
similar to certifications for unpaid utility bills, or pursuant to Minn. Stat. §366.012.
Notwithstanding the foregoing, the Owners shall have thirty (30) days after receipt
of the bills referenced above to object to the amounts stated thereon. Such
objections shall be made directly to the Albertville City Administrator. If an Owner
fails to raise a timely objection, then said Owner shall be deemed to have waived
any and all procedural and substantive objections to the imposition of such charges
on the respective lots. Furthermore, the Owners will be deemed to have waived any
and all procedural and substantive objections to special assessments for the
aforementioned reasonable costs, including, but not limited to, notice and hearing
requirements, and any claims that the charges or special assessments exceed the
benefits to the lot. The Owners waive any appeal rights otherwise available
pursuant to Minn. Stat. §429.081 if any such rights are not exercised within thirty
(30) days of the adoption of such special assessment by the City Council.
4. INDEMNIFICATION OF CITY. Owners shall indemnify, defend and hold the
City, its council, agents, employees, attorneys, and representatives harmless against and in respect
of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations,
liabilities, damages, recoveries, and deficiencies including interest, penalties, and attorney's fees,
that the City incurs or suffers which arise out of, result from, or relate to the City's performance
of its duties hereunder unless the claimed damages are a direct result of the negligence of the City
and its employees, agents, and/or contractors.
5. TERMINATION OF AGREEMENT. The City may terminate this Agreement at
any time by giving the Owners 365 days written notice of such termination. The Owners may
terminate this Agreement by giving the City 365 days written notice of such termination, provided
such notice is signed by all Owners. Notwithstanding the foregoing 365-day written notice
requirement, the City may terminate this Agreement if, after 3 0 days written notice to the Owners
that Streets are not being maintained in a commercially reasonable manner, the Owners fail to
remedy such maintenance deficiencies.
6. NOTICES. All notices given or required to be given if directed to the City shall be
directed to: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301. All
6
notices to the Owners shall be to the addresses to which real estate tax statements are sent to each
of the Owners as such addresses are on file with the Wright County Auditor's Office at the time
such notices are sent. As of the date of this Agreement, the Owners addresses for notice purposes
are shown on Exhibit F.
7. MISCELLANEOUS. This Agreement constitutes the entire agreement between
the parties pertaining to maintenance and supersedes, replaces, terminates and releases all prior
maintenance agreements affecting the lots within the Plat including, but not limited to, that certain
agreement entitled "Maintenance Agreement by and Between the City of Albertville and the
Owners of Lots within Albertville Plaza Addition for the Maintenance Of Real Property Located
In the City of Albertville, Wright County, Minnesota" recorded in the Office of the Wright County
Recorder as Document Number 733279 on March 6, 2001 as further amended by that certain
agreement entitled "Amendment to Maintenance Agreement for Albertville Plaza Amending the
Maintenance Agreement Recorded With Wright County Recorder as Document No. 733279"
recorded as Doe. No. A 1028678 in the Office of the Wright County Recorder on October 10,
2006. This Agreement shall not supersede, replace, terminate, or release any portion of the
Developer's Agreements governing the Plat, such agreements recorded as document numbers
733277 and 1026216, at the Wright County Recorder's Office, Wright County, Minnesota. The
document numbers assigned to both Developer's Agreements for Albertville Plaza Third Addition
once each is recorded shall be attached hereto as Exhibit G. This Agreement shall be governed by
Minnesota law. It is the intention of the parties that this Agreement be recorded with the Wright
County Recorder and that this Agreement shall run with the Property and all Owners and
subsequent Owners of the Property shall be bound by the terms and conditions of this Agreement.
[Remainder of page left intentionally blank, signature pages follow.]
7
CITY OF ALBERTVILLE
a Municipality of the State of Minnesota
By
Jillian Hendrickson
Its Mayor
and
)Kris Luedke
Its Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2025, by lillian Hendrickson, the Mayor of the City of Albertville, a
municipality under the laws of the State of Minnesota, on behalf of the City of Albertville.
MICHAEL C. COURI /
+ NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan.31,2030 Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF � , }
The - foregoing instrument was acknowledged before me this day of
44 e , 2025, by Kris Luedke, the Clerk of the City of Albertville, a municipality under
the laws of the State of Minnesota, on behalf of the City of Albertville.
MICHAEL C. COURI
+ l�IOTARY PUBLIC
MINNESOTA
My Commission Expires Jan, 31, 2030
M
Notary Public
EXCELSIOR PROPERTY, LLC
a Minnesota Limited Liability Company
By ..
IJ
Its Chief Manager
STATE OF MINNESOTA
COUNTY OF t )
The for going i stent was acknowledged before me this _day of ,
2025, bye �A t4- • l ,e e Chief Manager of EXCELSIOR PROPERTY, IILC, a
Minnesota limited liability company, on behalf of the limited liability company.
Slimy A, BLUBM otary Public
Ni)TARY PUBLIC
STATEU MINNESOTA
@ y•CC rni9tlon Fatpttea Jan, 31,20
JKZ HOLDINGS, LLC,
a Minneso invited liability co
Its Chief Manager
STATE OF M SOTA )
COUNTY OF
The foregoing in trumei�wiis acknowledged before me this day of
2025, by ` "' the Chief Manager of 7KZ HOLDINGS, LLC, a
Minnesota li ited liability company, on behalf of the limited liability company.
614OLLYA.BLUB'M
N Notary Public
ry
4 NOTARY PUBUC
STATE. OF kdEAlMEBOTA
My Commisom Esq'to Jan. It 2029
10
PHOENIX RENTALS IV, LLC,
a Minnesota limited liability company
Its Chief Manager
STATE OF MINNESOTA )
-)ss.
COUNTY OF LI )
The foregoing ins ument w acknowledged before me this f _ day of
2025, by5'J�, the Chief er of PHOENIX RENTALS IV,
LLC, a Minn sots limited liability company, o behalf the limited liability company.
- -- -
i
SHOLLY A. BUS
NOTARY PUBLIC
SPATE OF MINNESOTA
F&y oRmmkslw E*m3 Jan. 31, 2029
11
Notary Public
REICHERT PROPERTIES LLC,
a Minnesota limited liability company
By
Its Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF �, )
-AThe foregoing instrumen was wknowledged before me thisday of
�� , 2025, by a i 6(, Tt& Chief Manager of REICHERT
PROPERT S LLC, a Minnesota limited liability company, on behalf of the limited liability
company.
8HOLLYA.Si.UM
' NoTARY PU8LiC
y ? i 691briLSTATE �
CommiltpkAB
,'kmd J9p. M.
31. 2R29
12
otary Public
STATE OF MINNESOTA )
)Ss.
COUNTY OF /?�P
Beatrice Irene Roden, an individual
T Kelly A Kolbinger
of ' t is
Notary Public
��6 b2r Minnesota
" My commission Expires January 31, 203d
y,rs
The f egoing instrument was acknowledged
2025, by Beatrice Irene Roden.
' Ljj" a, (
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
13
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before me this day of
EXHIBIT A
LEGAL DESCRIPTION FOR THE EASEMENT AREA
FOR THE SANITARY SEWER AND WATER MAIN
Albertville Plaza
See Albertville Plaza Second Addition depiction below.
Albertville Plaza Second Addition
See depiction below.
Albertville Plaza Third Addition
OUTLOT A
Easement for drainage and utility purposes over, under and across that part of Outlet A, ALBERTVILLE PLAZA
THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Outlet A and the following
described line:
Commencing at the northeast comer of said Outlot A; thence South 89 degrees 28 minutes 50 seconds West,
assumed bearing, along the north line of said Outlot A a distance of 13.20 feet; thence South 00 degrees 31 minutes
10 seconds East 10.00 feet to the point of beginning of said line; thence South 89 degrees 28 minutes 50 seconds
West 140.88 feet; thence South 00 degrees 31 minutes 10 seconds East 5.00 feet; thence South 89.degrees 28
minutes 50 seconds West 175.0.00 feet; thence South 00 degrees 31 minutes 10 seconds East 141.94 feet; thence
North 89 degrees 28 minutes 50 seconds East 12.00 feet; thence South 00 degrees 31 minutes 10 seconds East 15.00
feet, thence North 89 degrees 28 minutes 50 seconds East 268.59 feet; thence along a non -tangential curve concave
to the East 165.82 feet a radius of 1502.32 feet and a central angle of 06 degrees 19 minutes 27 seconds to the point
of beginning and there terminating.
OUTLOT B
Easement for drainage and utility purposes over, under and across that part of Outlot B, ALBERTVILLE PLAZA
THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Outlet B and the following
described line:
Commencing at the Southwest corner of said Oudot B; thence North 89 degrees 28 minutes 41 seconds East,
assumed bearing, along the south line of said Outlot B 286.57 feet to the southeast comer of said Outlot B; thence
North 17 degrees 46 minutes 01 seconds West 31.41 feet to the point of beginning of said line; thence South 89
degrees 28 minutes 41 seconds West 267.26 feet; thence North 00 degrees 31 minutes 10 seconds West 12195 feet;
thence North 89 degrees 28 minutes 50 seconds East 17.00 feet; thence North 00 degrees 31 minutes 10 seconds
West 15.00 feet; thence North 89 degrees 28 minutes 50 seconds East 260.78 feet thence 137.39 feet along a
tangential curve concave to the East with a radius of 1502.32 feet and a central angle of 05 degrees 14 minutes 23
seconds to the point of beginning and there terminating.
LOT 1, BLOCK 1:
Easement for drainage and utility purposes over, under and across that part of Lot 1, Block I, ALBERTVILLE
PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Lot 1 and the following
described line:
Commencing at the northeast comer of said Lot 1; thence South 89 degrees 28 minutes 50 seconds West, assumed
bearing, along the north line of said Lot 1, 10.00 feet; thence South 00 degrees 31 minutes 10 seconds East 15.00
feet to the point of beginning of said line to be described; thence South 89 degrees 28 minutes 50 seconds West
28.07 feet; thence North 00 degrees 31 minutes 10 seconds West 5.00 feet; thence South 89 degrees 28 minutes 50
14
seconds West 14399 feet thence South 00 degrees 37 minutes 11 seconds West 283.95 feet; thence North 89
degrees 28 minutes 41 seconds East 105.71 feet; thence South 00 degrees 31 minutes 10 seconds East 46.00 feet;
thence North 89 degrees 28 minutes 41 seconds East 65.00 feet; thence North 00 degrees 31 minutes 10 seconds
West 207.42 feet; thence South 89 degrees 28 minutes 50 seconds West 10.46 feet; thence North 00 degrees 31
minutes 10 seconds West 20.00 feet; thence North 89 degrees 28 minutes 50 seconds East 17.46 feet; thence North
00 degrees 31 minutes 10 seconds West 97.46 feet to the point of beginning and there terminating,
15
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EXHIBIT B
LEGAL DESCRIPTION FOR THE AREA OF THE STREETS
Existinv Roadwav Easement (i.e., Albertville Plaza
An easement for roadway purposes over, under and across those parts of Lots 1, 2 and 3, Block
1, Albertville Plaza and Lots 1 and 2, Block 1, Albertville Plaza Second Addition according to
the record plats thereof, Wright County, Minnesota being a 48.00 foot wide strip of land, the
center of said strip is described as follows:
Beginning at the northeast corner of said Lot 1, Block 1, Albertville Plaza Second Addition;
thence northwesterly along the northerly line of said Lots 1 and 2, Block 1, Albertville Plaza
Second Addition, a distance of 349.07 feet, more or less, to the most westerly corner of said Lot
3, Albertville Plaza; thence northwesterly on an assumed bearing of North 65 degrees 23 minutes
25 seconds West along the northerly line of said Lots 1 and 2, Block 1, Albertville Plaza Second
Addition, a distance of 75.86 feet; thence northwesterly along a tangential curve concave to the
northeast having a radius of 100.00 feet, a central angle of 83 degrees 58 minutes 58 seconds and
a distance of 146.58 feet to a point of reverse curvature; thence northerly along a tangential curve
concave to the west, having a radius of 269.00 feet, a central angle of 28 degrees 04 minutes 03
seconds a distance of 131.78 feet; thence North 09 degrees 28 minutes 30 seconds West, tangent
to said last described curve, a distance of 24.02 feet to the intersection with a line 35.40 feet
northerly of, measured at a right angle to and parallel with the south line of said Lot 1,
Albertville Plaza said point hereinafter referred to as "Point A"; thence continue North 09
degrees 28 minutes 30 seconds West, a distance of 40.00 feet and said center line there
terminating.
Together with an easement for roadway purposes over, under and across the above -described
property, being an 80.00 foot wide strip of land, the center line of which is described as follows:
Beginning at the aforementioned said "Point A"; thence North 80 degrees 31 minutes 30 seconds
East and parallel with the south line of said Lot 1, Albertville Plaza a distance of 185.79 feet to
the east line of said Lot 1 and said center line there terminating.
The sidelines of said easements are to be lengthened or shortened so as to begin on the east line
of said Lot 3, Albertville Plaza, and Lots 1 and 2, Block 1, Albertville Plaza Second Addition
and to terminate on the east line of said Lots 1 and 2, Albertville Plaza.
Existing Roadway Easement i.e. Albertville Plaza Second Addition):
An easement for ingress and egress purposes over, under and across those parts of Lots 1 and 2,
Block 1, ALBERTVILLE PLAZA SECOND ADDITION, according to the recorded plat
thereof, Wright County, Minnesota, said easement being a 34.00 foot wide strip of land which
16
lies southwesterly of the northeasterly 24.00 feet of said Block I and which has a center line
described as the common line between said Lots 1 and 2.
The sidelines of said easement are to be prolonged or shortened so as to begin on the south line
of said Block 1.
Together with an casement for ingress and egress purposes over and across said Lot 2, which lies
northwesterly of the northwesterly line of the aforedescribed strip of land, which lies
southwesterly of a line 24.00 feet southwesterly of and parallel with the northeasterly line of said
Block I and which lies easterly of a curve concave to the west having a radius of 10.00 feet. Said
curve is tangent to said parallel line and said northwesterly line.
Proposed Roadwav Easement (i.e., Lot 1 Block 1 Albertville Plaza Third Addition
Easement for ingress and egress purposes over that part of Lot 1, Block 1, ALBERTVILLE
PLAZA THIRD ADDITION, Wright County, Minnesota described as follows:
Beginning at the northeast corner of said Lot 1; thence South 89 degrees 28 minutes 50 seconds
West, assumed bearing, along the north line of said Lot 1 a distance of 21.50 feet; thence South 01
degrees 09 minutes 54 seconds East 342.35 feet; thence North 88 degrees 50 minutes 06 seconds
East 17.65 feet to the east line of said Lot 1; thence North 00 degrees 31 minutes 10 seconds West
along the east line of said Lot I a distance of 342.13 feet to the point of beginning and there
terminating.
Proposed Roadwav Easement (i.e., Outlot A Albertville Plaza Third Addition
Easement for ingress and egress purposes over that part of Outlot A, ALBERTVILLE PLAZA
THIRD ADDITION, Wright County, Minnesota described as follows:
Beginning at the northwest corner of said Outlot A; thence North 89 degrees 28 minutes 50 seconds
East, assumed bearing, along the north line of said Outlot A, 19.84 feet; thence South 01 degrees
09 minutes 54 seconds East 171.04 feet; thence southeasterly 7.85 feet along a tangential curve
concave to the northeast having a radius of 5.00 feet and a central angle of 90 degrees 00 minutes
00 seconds; thence North 88 degrees 50 minutes 06 seconds East, tangent to last described curve,
278.76 feet to the east line of said Outlot A; thence Southeasterly along said east line 24.39 feet to
the southeast corner of said Outlot A; thence South 89 degrees 28 minutes 50 seconds West along
the south line of said Outlot A 301.88 feet to the southwest corner of said Outlot A; thence North
00 degrees 31 minutes 10 seconds West along the west line of said Outlot A, 196.94 feet to the
point of beginning and there terminating.
Proposed Roadway Easement Outlot B Albertville Plaza Third Addition):
17
Easement for ingress and egress purposes over that part of Outlot B, ALBERTVILLE PLAZA
THIRD ADDITION, Wright County, Minnesota described as follows:
Commencing at the southwest corner of said Outlot B; thence North 00 degrees 31 minutes 10
seconds West, assumed bearing, along the west line of said Outlot B, 51.76 feet to the point of
beginning of said easement; thence North 88 degrees 50 minutes 06 seconds East 23.69 feet;
thence North 01 degrees 09 minutes 54 seconds West 119.50 feet; thence 7.85 feet along a
tangential curve concave to the southeast having an interior angle of 90 degrees 00 minutes 00
seconds and a radius of 5.00 feet; thence North 88 degrees 50 minutes 06 seconds East, tangent
to said curve, 272.21 feet to the east line of said Outlot B; thence Northeasterly along said east
line 17.47 feet to the northeast corner of said Outlot B; thence South 89 degrees 28 minutes 50
seconds West 301.88 feet along the north line of said Outlot B to the northwest corner of said
Outlot B; thence South 00 degrees 31 minutes 10 seconds East along the west line of said Outlot
B 145.19 to the point of beginning and there terminating.
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EXHIBIT C
DEPICTION OF THE EASEMENT AREA
OF THE STORM SEWER
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EXHIBIT D
DEPICTION OF THE EASEMENT AREA
OF THE STORM WATER PONDS
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EXHIBIT E
ARTICLES OF INCORPORATION FOR
ALBERTVILLE PLAZA ASSOCIATION
Rya Sit-wn- SCCZLI� uf &L »a. za A j�,«aQAIUa
be.ow wav fik-J ir 6L efim.wNuia %,YiLJh oll ihv
A 17'. al 1"Tw c, 1pies ;Ksccill Ud WiLb IN, cc n llica-.i.,.r. tire a v 'Ir. -I r,
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21
Certifnate of Incorporabon
W: I
i SteSteveSimou_ sew' of Smia of Nfimine4j- do cea& du r- The rohowin g inns entiTT his dwr complied wffi the Talareml pravlaom, of _VA-nr_—:totm Samies fisted bskw,
and is fam-ador mdmind m iii) busines in M=-nouz on and atar rfv.,:- dzriaAirh aE tha
poWar., k&IS a rvi prtV,;J�2 e.S, and pj7Ter r so 1-2 Umuti rto w . &±L� s zad Tes 91M TL=, . sel
fmt im cham, chapter_
Ila buss amt� u mm la_Mlt Tes�:rated under che law- ref Nimruawta..
kbetk� aan As&3--lim
RLA \112f-ber: 147FE-�a1r,2f,
Y'=_-5rxt" stmmie3' C-Impwz: ".17A
This Ci�xffu_mti bas tinm tn�d 0m: r�5'1i=74
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sEcrmTY Of STata
Smm of INE miew--m
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Office of the Mimesoto Seuetary of State
Wines= N profd Ccq>ota:tcW. is of IncoWabaq
The mditidruVsj �t�i 6aw who E;m each) i8 yeas or age m older. herew
z,opl(s'')to foJowiee Arnc e: of Iumpomtw•r :
ARTICLE I - C'CFF_ R ATE KA—)iE:
k"MM110
ARTICLE 2 - REGISTEF.ED OFFGE .41 ? AGES T(3). " ANY AT THAT OF-KC-E..
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mmimmn sped, a Ey set iorrh:T_ ibis . ursit. this do -.-Um, - .rs&hs the &lu re%=etx:ed la tL=
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JOY typing my ncme. !, the unw=4igned, certify that r ca s, r mg the doc menf as ttx Derr n who re srgaaahtm i4
rcj0, 1, ar 05 agcrrt z ft7 persan(sj whale s,"gmature w amid be regv ed -wno lias ou#hoKm" ire to sign m,.&
darumerr# an h+s�her trl�c3 , ,�r in c.atir �Parstses_ fpirther rertA that f tjve rormpfeted a(? regained fFeW. cnd tl:a<
th_ mlassriotion in th&domjmtntis bwr ar�i eafrrto amdir comp rim --c with the CppA�atjl. r&apt.aaf.r inrse-to
Statutes_ 1 umdfr-fund that by sagrrtag this dbcr n%-nt tam xmbl cct fn t';e pe�aftiex aj�er�ury- c+s set.�� 'A Sortico
6431P.:8 as g i had sgmed the s dcr_vmert+ar. rr uath.
SICs?7ED Si: ,'SbOT —131'e ft
'FUIL!?�Cr LRE r3i a RmAded
E fib FOP OFFICr U NOTICES-
23
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ALBERTMLLE PLALA ;QS0CLkU0N
^or ll-l� piirnoe Ill' 1r-irr.ing. a coapo-rian mW Isar prnlk pinvinini to Q jwuM wn!
NOrlplok CWNW56 AM -IT T'k. cLitif"m
of-Ir 4'4-pnr-Alf..,v
ARTIC.I.J.'. I
'NAME
L I Thu man, 0-mill be Afbt!rl% fflu flat." A-%%odmtiYjt3
AR1111132 It
RF-GISTF.-RED OFFICE
2A -Mc Wool fit, sbill to 029 NOW? Avomw A, XL kInfod,
PAN 5506,
PURPOSES
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pi -POW& or vokh it is 6mwd ne w pivolk vinkdowwn Npmz.. aml
llrii.,.ak- 111CA.. the -JoNled colrwli-o al hic d il.jus', irn,.;x, 'o. !i1c,"
ix-ItT{ Lki-igmul W Me Na oC Albcnvd:,,L: :7iWl I'll Its tired irl' %C!--d illi,. IhC
ofllt:c of conphimig cri", M'
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rcoprrty zinct LWlia W. avid it Imm, rimnpig, emmm1im. wid um LK mmi:,
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INCORPORATOR
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25
EXHIBIT F
OWNERS' NOTICE ADDRESSES
ALBERTVILLE PLAZA
Lot 1, Block 1
PID: 101-078-001010
STREET ADDRESS: 110 1161 st Street NE
Albertville MN, 55301
LOT OWNER: Excelsior Property LLC
444 2nd Street, Suite C
Excelsior, MN 55331
Lot 2, Block 1
PID: 101-078-001020
STREET ADDRESS: NIA
LOT OWNER: JKZ Holdings, LLC
5429 Nelmark Avenue NE
St. Michael, MN 55376
Lot 3, Block 1
PID: 101-078-001030
STREET ADDRESS: 11025 615t Street NE
Albertville MN 55301
LOT OWNER: Phoenix Rentals IV, LLC
11025 615t Street NE
Albertville, MN 55301
ALBERTVILLE PLAZA SECOND ADDITION
Lot 1, Block 1
PID:
STREET ADDRESS
LOT OWNER:
101-117-001010
11019 61't Street NE
Albertville MN, 55301
JKZ Holdings, LLC
26
Lot 2, Block 1
PID:
STREET ADDRESS:
LOT OWNER:
5429 Nelmark Avenue NE
St. Michael, MN 55376
101-117-001020
NIA
Reichert Properties LLC
12787 39'h Street NE
St. Michael, MN 55376-3099
ALBERTVILLE PLAZA THIRD ADDITION
Lot 1, Block 1
PID: TBD, pending recordation of plat
STREET ADDRESS: TBD, pending development/permitting
LOT OWNER: Beatrice 1. Roden
5953 Labeaux Avenue NE
Albertville, MN 55301
Telephone: (763) 497-2937
Email: rodenbea@gmnil.com
With a copy to: Beatrice 1. Roden
5953 Labeaux Avenue NE
Albertville, MN 55301
Telephone: (763) 497-2937
Email: rodenbea@grnail.com
Outlot A
PID: TBD, pending recordation of plat [currently 101-500-021-1011
STREET ADDRESS: 5953 Labeaux Avenue NE
Albertville, MN 55301
LOT OWNER: Beatrice I. Roden
5953 Labeaux Avenue NE
Albertville, MN 55301
Telephone: (763) 497-2937
Email: rodenbea@gmail.com
OUTLOT B
27
PID:
STREET ADDRESS:
TBD, pending recordation of plat
TBD, pending development/permitting
LOT OWNER: Beatrice I. Roden
5953 Labeaux Avenue NE
Albertville, MN 55301
Telephone: (763) 497-2937
Email: rodenbea@gmail.com
EXHIBIT G
DEVELOPER'S AGREEMENTS FOR ALBERTVILLE PLAZA THIRD ADDITION
The numbers assigned to the Developer's Agreements for Albertville Plaza Third Addition by
the Wright County Recorder's Office are A l5 .p J -1 and
29
SCHEDULEI
DEFERRED MAINTENANCE COSTS AS OF MAY 19, 2025
See attached.
30
Attachment to Schedule 1
Deferred Maintenance Costs as of Monday, May 19, 2025 = $0.00
31
SCHEDULE2
STREETS MAINTENANCE COSTS ALLOCATION
Lot 1, Block 1, Albertville Plaza 17.30%
Lot 2, Block 1, Albertville Plaza 10.79%
Lot 3, Block 1, Albertville Plaza 10.72%
Lot 1, Block 1, Albertville Plaza Second Addition 14.30%
Lot 2, Block 1, Albertville Plaza Second Addition 14.44%
Lot 1, Block 1, Albertville Plaza Third Addition 12.65%
Outlot A, Albertville Plaza Third Addition 10.36%
Outlot B, Albertville Plaza Third Addition 9.44%
TOTAL 100%
STORM SEWER, STORM WATER PONDS, AND
DEFERRED MAINTENANCE COSTS ALLOCATION
Lot 1, Block 1, Albertville Plaza 25.61%
Lot 2, Block 1, Albertville Plaza 15.98%
Lot 3, Block 1, Albertville Plaza 15.57%
Lot 1, Block 1, Albertville Plaza Second Addition 21.16%
Lot 2, Block 1, Albertville Plaza Second Addition 21.38%
TOTAL
32
100%