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2004-02-18 Amendment to Declaration of Easement .. ""Also licensed in California COURl, MACARTHUR & RUPPE, P.L.L.P. 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 Michael C. Couri. Andrew J. MacArthur Robert T. Ruppe.' David R. Wendorf . A Iso licensed in llIinois February 18, 2004 Ms. Angie Belanger CPDC 3030 Centre Pointe Drive Suite 800 Roseville, MN 55113 Re: City of Albertville; Towne Lakes Dear Angie: Enclosed please find the Amendment to Declaration of Easement (Conservation) with three signature pages signed by Larry Kruse, the Albertville City Administrator. If you have any questions, please do not hesitate to call. Sincerely, )rriJ j'/ ( 1>/ j~Jf- .- ~ Michael C. Couri Couri, MacArthur & Ruppe MCC/khb Enclosures cc:~y of Albertville (Above space reserved for recording data) AMENDMENT TO DECLARATION OF EASEMENT (CONSERVATION) This Amendment ("Amendment") to Declaration of Easement is made this Ie"'" day of J\)..L'l , 20 (;)~, by and between Contractor Property Developers Company, a Minnesota corporation ("Declarant"), Towne Lakes Community Association, a non-profit corporation created pursuant to Minnesota Statutes Chapter 317 A (the "Master Association"), and the City of Albertville, a Minnesota municipal corporation (the "City"). WHEREAS, Declarant made that Declaration of Easement (Conservation) which was recorded in the office of the Wright County Recorder as Document No. 791005 (the "Conservation Easement"); and WHEREAS, Declarant is the owner of certain real property located in Wright County, Minnesota and legally described in Exhibit C attached hereto (the "Additional Property") and desires to establish, grant and convey to the City an easement for conservation purposes over portions of the Additional Property by subjecting the Additional Property to the terms and provisions of the Conservation Easement; and WHEREAS, the Additional Property described in Exhibit C attached hereto, and the Property as described in the original Conservation Easement, are subject to the Amended and Restated Master Declaration of Covenants, Conditions, Restrictions and Easements of Towne Lakes, made by Declarant as the Master Developer therein, and recorded as Document No. ~13~ in the office of the County Recorder for Wright County, Minnesota, and the Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements of Towne Lake Traditional Homes (the "Sub-Association Declaration"), made by Declarant as the Developer therein, and recorded as Document No. 800552 in the office of the County Recorder for Wright County, Minnesota (the "Sub-Association"), and - 1 - MPLS-Word 4811.1 WHEREAS, the Master Board is the board of directors for the Master Association; and WHEREAS, the Conservation Easement provides that it may be amended in writing by the Declarant, the Master Board and the City and said parties do desire to amend the Conservation Easement by subjecting the Additional Property to the terms and provisions of the Conservation Easement. NOW, THEREFORE, in consideration ofthe premises set forth in the Recitals, the undersigned hereby enact this Amendment in accordance with the requirements ofthe Conservation Easement for the purpose of adding the Additional Property described in Exhibit C attached hereto to be part of the Property described in and subject to the terms of the Conservation Easement, hereby declaring that said Additional Property shall be held, sold, conveyed and occupied subject to the easements, covenants and restrictions provided in the Conservation Easement, all of which shall be binding upon all persons having or hereafter acquiring any right, title or interest therein, including their heirs, personal representatives, successors and assigns. A. ADDITION OF PROPERTY The Additional Property described in Exhibit C is subjected to the Conservation Easement and made a part of the Property described in the Conservation Easement. B. DESCRIPTIONS OF PROPERTY AND EASEMENT AREA Exhibit A to the Conservation Easement, containing a legal description ofthe Property, shall be amended and replaced by Exhibit A attached hereto. All references to Exhibit A in the Conservation Easement shall mean and refer to Exhibit A attached hereto. Exhibit B to the Conservation Easement, containing a legal description of the Easement Area, shall be amended and replaced by Exhibit B attached hereto. All references to Exhibit B in the Conservation Easement shall mean and refer to Exhibit B attached hereto. C. APPLICABILITY AND BINDING EFFECT This Amendment is effective upon recording in the applicable Wright County recording office. Except as specifically modified by this Amendment, the Conservation Easement, as amended, shall remain in full force and effect, and all of the easements, covenants and restrictions set forth in the Conservation Easement shall apply to the Additional Property described on Exhibit C attached hereto. Unless otherwise specifically set forth in this Amendment, all words and terms used in this Amendment shall have the same meaning set forth in the Conservation Easement. -2- MPLS-Word 4811.1 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first set forth above. DECLARANT: CONTRACTOR PROPERTY DEVELOPERS COMPANY, a Minnesota corporation BY~~~ Its ~c./ '<:Y~.y MASTER ASSOCIATION: TOWNE LAKES COMMUNITY ASSOCIATION, a non-profit corporation, by its Board of Directors ) 4A ~ L /)/;uu/k- BYflt~1 Its Secretary CITY: CITY OF ALBERTVILLE, a Minnesota municipal corporation ~~~ 'f STATE OF MINNESOTA ) ) 55. COUNTY OF R~",,~~ '! ) The foregoing instrument was acknowledged before me this IDI>\ day of ~ \UL'< , 20 CD , by Homer H. Tompkins, III, the President of Contractor Property Developers Company, a Minnesota corporation, on beh.alf..; of the corp..orN.ion. ) f\ 1 f'b\ ~p Vy Ll;l~ ~I .li lLrLQf Notary Pu ic ~ - 3 - MPL5-Word 4811.1 STATE OF MINNESOTA ) ) ss. COUNTY OF R~'Ot:..'{ ) The foregoing instrument was acknowledged before me this \C'~ day of 0UL'( , 20~, by J. M\C,\..\....~l "'.\lbO , the Secretary of Towne Lakes Community Association, a Minnesota non-profit corporation, on behalf of the non-profit co oration. ~ b.~l NO~ STATE OF MINNESOTA ) . _ tI L ) ss. COUNTY OF tv ~ ) _ 11. The foregoing instrument was acknowledged before me this I}!!~)' of ..L / f~ ' 20fE-, by L~ k~ , the ~ the City of Albertville, a Minnesota municipal corporation, on behalf ofthe municipal corporation. of ?JJJ { ~ ~ MICHAEL C. CQURI ~ NOTARY PUBLIC - MINNESOTA ~~'9 r'Ay Comm. Exp. Jan. 31, 2005 Notary Public TIllS INSTRUMENT WAS DRAFTED BY: J. Patrick Brinkman, Esq. FELHABER, LARSON, FENLON & VOGT, P.A. 601 Second Avenue South, Suite 4200 Minneapolis, Minnesota 55402-4302 (612) 373-8520 -4- MPLS-Word 4811.1 EXHIBIT A TO AMENDMENT TO DECLARATION OF EASEMENT (CONSERVATION) LEGAL DESCRIPTION OF PROPERTY Lots 1 through 6, Block 1; Lots 1 through 3, Block 2; Lots 1 through 5, Block 5; Lots 1 through 5, Block 6; Outlot C; Outlot D; Outlot E; Outlot G; and Outlot H, all contained in Towne Lakes, according to the recorded plat thereof, Wright County, Minnesota, and Lots 1 and 2, Block 1; Lots 1 through 4, Block 4; Lots 1 through 5, Block 9; Lots 1 through 14, Block 10 and Parks 2,3 and 4, all contained in Towne Lakes 2nd Addition, according to the recorded plat thereof, Wright County, Minnesota. MPLS 232386-1 -5- EXHIBIT B TO AMENDMENT TO DECLARATION OF EASEMENT (CONSERVATION) LEGAL DESCRIPTION OF EASEMENT AREA That part of Outlot C, Outlot E, Outlot G, Lot 1 through Lot 6, inclusive, Block 1, and Lot 1 through Lot 3, inclusive, Block 2, all contained in TOWNE LAKES, according to the recorded plat thereof, Wright County, Minnesota lying easterly, southeasterly and southerly of the following described line and its southerly extension: Commencing the northwest corner of said Outlot G; thence South 68 degrees 51 minutes 03 seconds East, assumed bearing along the northerly line of said Outlot G; a distance of 118.21 feet to the point of beginning of the line to be described; thence South 19 degrees 34 minutes 32 seconds West, a distance of 246.22 feet; thence South 40 degrees 21 minutes 52 seconds West, a distance of 59.81 feet; thence South 42 degrees 40 minutes 01 seconds West, a distance of 115.08 feet; thence South 56 degrees 24 minutes 55 seconds West, a distance of 90.06 feet; thence South 39 degrees 00 minutes 25 seconds West, a distance of 60.86 feet; thence South 14 degrees 13 minutes 21 seconds West, a distance of 82.49 feet; thence South 01 degrees 56 minutes 37 seconds West, a distance of 135.19 feet; thence South 33 degrees 08 minutes 13 seconds East, a distance of 61.31 feet; thence South 32 degrees 57 minutes 52 seconds West, a distance of 71.61 feet; thence South 83 degrees 34 minutes 36 seconds West, a distance of 68.05 feet; thence South 85 degrees 32 minutes 41 seconds West, a distance of 90.02 feet; thence South 84 degrees 09 minutes 22 seconds West, a distance of 85.00 feet; thence South 84 degrees 42 minutes 50 seconds West, a distance of 85.00 feet; thence South 70 degrees 55 minutes 10 seconds West, a distance of 144.18 feet; thence South 35 degrees 27 minutes 47 seconds West, a distance of 266.74 feet; thence South 51 degrees 47 minutes 36 seconds West, a distance of 140.17 feet; thence South 45 degrees 14 minutes 33 seconds West, a distance of 221.54 feet; thence South 25 degrees 18 minutes 38 seconds West, a distance of 179.73 feet to the westerly line of said Outlot C and said line there terminating. and That part of Outlot 0, Outlot H, Lot 1 through Lot 5, inclusive, Block 6, and Lot 1 through Lot 5, inclusive, Block 5, all contained in TOWNE LAKES, according to the recorded plat thereof, Wright County, Minnesota lying westerly of the following described line and its southerly extension; Commencing the most northerly corner of said Lot 5, Block 6, said corner being common with West Laketowne Drive, as dedicated on said plat of TOWNE LAKES; thence South 52 degrees 24 minutes 48 seconds West, assumed bearing, along the north line of said Lot 5, Block 6, a distance of 110.07 feet to the point of beginning of the line to be described; thence South 33 degrees 22 minutes 46 seconds East, a distance of 91.86 feet; thence South 25 degrees 29 minutes 31 seconds East, a distance of 80.49 feet; thence South 18 degrees 49 minutes 47 seconds East, a distance of 82.48 feet; thence South 17 degrees 40 minutes 51 seconds East, a distance of 85.00 feet; thence South 20 degrees 15 minutes 12 MPLS 232386-1 -6- seconds East, a distance of 85.09 feet; thence South 21 degrees 16 minutes 05 seconds East, a distance of 41.58 feet; thence South 19 degrees 44 minutes 39 seconds East, a distance of 85.06 feet; thence South 15 degrees 45 minutes 10 seconds East, a distance of 84.35 feet; thence South 13 degrees 11 minutes 41 seconds East, a distance of 83.24 feet; thence South 01 degrees 19 minutes 06 seconds East, a distance of 83.08 feet; thence North 87 degrees 14 minutes 01 seconds East, a distance of 1.80 feet; thence South 04 degrees 29 minutes 38 seconds West, a distance of 269.82 feet; thence South 31 degrees 07 minutes 36 seconds West, a distance of 199.41 feet; thence South 25 degrees 04 minutes 26 seconds West, a distance of 372.19 feet; thence South 15 degrees 54 minutes 54 seconds West, a distance of 95.13 feet; thence South 14 degrees 37 minutes 48 seconds West, a distance of 118.91 feet to the easterly line of said Outlot 0 and said line there terminating, and That part of Lot 1 though Lot 4, inclusive, Block 4, Lot 1 through Lot 5, inclusive, Block 9, Lot 1 through Lot 14, inclusive, Block 10, Park 3 and Park 4 all contained in TOWNE LAKES 2ND ADDITION, according to the recorded plat thereof Wright County, Minnesota lying easterly, northerly and easterly of the following described line: Beginning at the most westerly comer of said Lot 14; thence South 68 degrees 51 minutes 03 seconds East, asswned bearing along the southwesterly line of said Lot 14, a distance of 118.21 feet to the point of beginning of the line to be described; thence North 36 degrees 42 minutes 56 seconds East, a distance of93.43 feet; thence North 47 degrees 38 minutes 51 seconds East, a distance of94.98 feet; thence North 52 degrees 26 minutes 20 seconds East, a distance of 99.47 feet; thence North 10 degrees 19 minutes 17 seconds East, a distance of 126.14 feet; thence North 28 degrees 43 minutes 09 seconds West, a distance of 132.53 feet; thence North 43 degrees 13 minutes 16 seconds West, a distance of 108.87 feet; thence North 55 degrees 51 minutes 31 seconds West, a distance of 100.73 feet; thence North 75 degrees 06 minutes 48 seconds West, a distance of 102.10 feet; thence South 86 degrees 53 minutes 13 seconds West, a distance of97.74 feet; thence South 86 degrees 02 minutes 48 seconds West, a distance of95.95 feet; thence South 77 degrees 14 minutes 45 seconds West, a distance of84.11 feet; thence South 69 degrees 19 minutes 40 seconds West, a distance of 51.18 feet; thence South 83 degrees 53 minutes 11 seconds West, a distance of34.84 feet; thence South 83 degrees 54 minutes 23 seconds West, a distance of83.85 feet; thence South 85 degrees 30 minutes 11 seconds West, a distance of 80.74 feet to the westerly line of Lot 1, Block 10; thence South 09 degrees 06 minutes 22 seconds West, along said westerly line, a distance of 20.06 feet; thence North 87 degrees 36 minutes 01 seconds West, a distance of 124.44 feet; thence North 46 degrees 50 minutes 11 seconds West, a distance of 55.43 feet; thence North 26 degrees 45 minutes 03 seconds West, a distance of 58.22 feet; thence North 04 degrees 05 minutes 29 seconds West, a distance of 54.0 1 feet to the southerly line of said Lot 5, Block 9; thence North 82 degrees 10 minutes 30 seconds East, along said southerly line, a distance of 58. 55 feet; thence North 01 degrees 14 minutes 7 19 seconds West, a distance of 88.46 feet; thence North 00 degrees 38 minutes 47 seconds West, a distance of 84.13 feet; thence North 40 degrees 45 minutes 27 seconds West, a distance of29.78 feet; thence North 39 degrees 50 minutes 23 seconds West, a distance of 111.14 feet; thence North 44 degrees 49 minutes 12 seconds West, a distance of 109.90 feet; thence North 25 degrees 43 minutes 56 seconds West, a distance of 49.87 feet; thence North 71 degrees 07 minutes 13 seconds West, a distance of 42.05 feet; thence North 03 degrees 49 minutes 44 seconds East, a distance of 77.85 feet; thence North 12 degrees 53 minutes 51 seconds West, a distance of 32.39 feet; thence North 22 degrees 56 minutes 53 seconds West, a distance of39.41 feet; thence North 13 degrees 26 minutes 00 seconds West, a distance of 41.44 feet; thence North 23 degrees 10 minutes 45 seconds East, a distance of 58.68 feet; thence North 42 degrees 50 minutes 55 seconds East, a distance of 75.32 feet; thence North 55 degrees 16 minutes 25 seconds West, a distance of 68.95 feet; thence North 56 degrees 46 minutes 40 seconds West, a distance of 87.86 feet; thence North 77 degrees 47 minutes 20 seconds West, a distance of33.86 feet; thence North 78 degrees 06 minutes 47 seconds West, a distance of 150.64 feet; thence North 09 degrees 58 minutes 19 seconds West, a distance of 39.26 feet to the northerly line of said Lot 1, Block 4 and. said line there terminating; ~ That part of Lot 1 and 2, Block 1 and Park 2, TOWNE LAKES 2ND ADDITION, according to the recorded plat thereof Wright County, Minnesota lying southerly of the following described line: Beginning at the northwest comer of said Lot 1; thence South 02 degrees 11 minutes 43 seconds East, assumed bearing along the west line of said Lot 1, a distance of99.89 feet to the point of beginning of the line to be described; thence North 83 degrees 40 minutes 05 seconds East, a distance of85.22 feet; thence North 83 degrees 23 minutes 02 seconds East, a distance of 85.25 feet to the east line of said Lot 2; thence North 02 degrees 11 minutes 43 seconds West, along said west line, a distance of36.30 feet; thence South 86 degrees 10 minutes 46 seconds East, a distance of 136.29 feet; thence South 61 degrees 53 minutes 48 seconds East, a distance of 55.86 feet; thence North 88 degrees 42 minutes 02 seconds East, a distance of 71.15 feet; thence South 67 degrees 45 minutes 50 seconds East, a distance of 196.06 feet; thence South 42 degrees 28 minutes 30 seconds East, a distance of81.67 feet; thence South 34 degrees 38 minutes 19 seconds East, a distance of 49.53 feet to the southeasterly line of said Park 2 and said line there terminating. 8 EXHIBIT C TO AMENDMENT TO DECLARATION OF EASEMENT (CONSERVATION) ADDITIONAL PROPERTIES That part of Lot 1 though Lot 4, inclusive, Block 4, Lot 1 through Lot 5, inclusive, Block 9, Lot 1 through Lot 14, inclusive, Block 10, Park 3 and Park 4 all contained in TOWNE LAKES 2ND ADDITION, according to the recorded plat thereof Wright County, Minnesota lying easterly, northerly and easterly of the following described line: Beginning at the most westerly comer of said Lot 14; thence South 68 degrees 51 minutes 03 seconds East, assumed bearing along the southwesterly line of said Lot 14, a distance of 118.21 feet to the point of beginning of the line to be described; thence North 36 degrees 42 minutes 56 seconds East, a distance of93.43 feet; thence North 47 degrees 38 minutes 51 seconds East, a distance of 94.98 feet; thence North 52 degrees 26 minutes 20 seconds East, a distance of 99.47 feet; thence North 10 degrees 19 minutes 17 seconds East, a distance of 126.14 feet; thence North 28 degrees 43 minutes 09 seconds West, a distance of 132.53 feet; thence North 43 degrees 13 minutes 16 seconds West, a distance of 108.87 feet; thence North 55 degrees 51 minutes 31 seconds West, a distance of 100.73 feet; thence North 75 degrees 06 minutes 48 seconds West, a distance of 102.10 feet; thence South 86 degrees 53 minutes 13 seconds West, a distance of 97.74 feet; thence South 86 degrees 02 minutes 48 seconds West, a distance of95.95 feet; thence South 77 degrees 14 minutes 45 seconds West, a distance of 84.11 feet; thence South 69 degrees 19 minutes 40 seconds West, a distance of 51.18 feet; thence South 83 degrees 53 minutes 11 seconds West, a distance of34.84 feet; thence South 83 degrees 54 minutes 23 seconds West, a distance of83.85 feet; thence South 85 degrees 30 minutes 11 seconds West, a distance of 80.74 feet to the westerly line of Lot 1, Block 10; thence South 09 degrees 06 minutes 22 seconds West, along said westerly line, a distance of 20.06 feet; thence North 87 degrees 36 minutes 01 seconds West, a distance of 124.44 feet; thence North 46 degrees 50 minutes 11 seconds West, a distance of 55.43 feet; thence North 26 degrees 45 minutes 03 seconds West, a distance of 58.22 feet; thence North 04 degrees 05 minutes 29 seconds West, a distance of 54.0 1 feet to the southerly line of said Lot 5, Block 9; thence North 82 degrees 10 minutes 30 seconds East, along said southerly line, a distance of 58. 55 feet; thence North 01 degrees 14 minutes MPLS 232386-1 -9- 19 seconds West, a distance of 88.46 feet; thence North 00 degrees 38 minutes 47 seconds West, a distance of 84.13 feet; thence North 40 degrees 45 minutes 27 seconds West, a distance of29.78 feet; thence North 39 degrees 50 minutes 23 seconds West, a distance of 111.14 feet; thence North 44 degrees 49 minutes 12 seconds West, a distance of 109.90 feet; thence North 25 degrees 43 minutes 56 seconds West, a distance of 49.87 feet; thence North 71 degrees 07 minutes 13 seconds West, a distance of 42.05 feet; thence North 03 degrees 49 minutes 44 seconds East, a distance of 77.85 feet; thence North 12 degrees 53 minutes 5 I seconds West, a distance of32.39 feet; thence North 22 degrees 56 minutes 53 seconds West, a distance of39.41 feet; thence North 13 degrees 26 minutes 00 seconds West, a distance of 41.44 feet; thence North 23 degrees 10 minutes 45 seconds East, a distance of 58.68 feet; thence North 42 degrees 50 minutes 55 seconds East, a distance of 75.32 feet; thence North 55 degrees 16 minutes 25 seconds West, a distance of 68.95 feet; thence North 56 degrees 46 minutes 40 seconds West, a distance of 87.86 feet; thence North 77 degrees 47 minutes 20 seconds West, a distance of33.86 feet; thence North 78 degrees 06 minutes 47 seconds West, a distance of 150.64 feet; thence North 09 degrees 58 minutes 19 seconds West, a distance of39.26 feet to the northerly line of said Lot 1, Block 4 and said line there terminating; ~ That part of Lot 1 and 2, Block 1 and Park 2, TOWNE LAKES 2ND ADDITION, according to the recorded plat thereof Wright County, Minnesota lying southerly of the following described line: Beginning at the northwest comer of said Lot I; thence South 02 degrees 11 minutes 43 seconds East, assumed bearing along the west line of said Lot 1, a distance of99.89 feet to the point of beginning of the line to be described; thence North 83 degrees 40 minutes 05 seconds East, a distance of85.22 feet; thence North 83 degrees 23 minutes 02 seconds East, a distance of85.25 feet to the east line of said Lot 2; thence North 02 degrees 11 minutes 43 seconds West, along said west line, a distance of36.30 feet; thence South 86 degrees 10 minutes 46 seconds East, a distance of 136.29 feet; thence South 61 degrees 53 minutes 48 seconds East, a distance of 55.86 feet; thence North 88 degrees 42 minutes 02 seconds East, a distance of71.15 feet; thence South 67 degrees 45 minutes 50 seconds East, a distance of 196.06 feet; thence South 42 degrees 28 minutes 30 seconds East, a distance of 81.67 feet; thence South 34 degrees 38 minutes 19 seconds East, a distance of 49.53 feet to the southeasterly line of said Park 2 and said line there tenninating. MPLS 232386-1 -10- CONSENT TO EASEMENT (Mortgagee) TOWN E LAKES The undersigned (the "Mortgagee") is a mortgagee of the Additional Property described in the foregoing Amendment to Declaration of Easement ("Amendment") by a certain Mortgage recorded in the office of the Wright County Recorder as Document No. 15(.,14<\ (the "Mortgage"). Mortgagee hereby consents to this Amendment; provided, that by consenting to this Amendment such Consent does not modify or amend the terms and conditions of the Mortgage and related loan documents; provided however that the Mortgage shall be and remain as a lien on the property described therein subject and subordinate to the Declaration. . IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on the \ t;),11 day of JU L" , 2000 . MORTGAGEE: ALLIANCE BAN K, a Minnesota corporation By: i - ~ V.-..- Its: ~ d.-~ vJ .r-e.liL-:f- STATE OF MINNESOTA COUNTY OF bQtl1~_ j. {\ The foregoing instrument was acknowledged before me thiS. lOR d~ of ,. ~1 ' 2003-, by ~)<1Y1L I ~ ( kus , the \J (C'.J.. ,p{ .IS ( ~ of Alliance Bank, a Minnesota, on behalf of said entity. Q111M-~. Notary Public ss. 04i;~ THIS INSTRUMENT WAS DRAFTED BY: J. Patrick Brinkman, Esq. FELHABER, LARSON, FENLON & VOGT, P.A. 225 South Sixth Street, Suite 4200 Minneapolis, Minnesota 55402 (612) 373-8420 PATRICIA ANN SHEffLER ^: Notary Public-Minnesota My Commission Expires Jan 31, 2008 MPLS 232386-1 -11- J HI'l-.::b .::1Ol::l4 1,j ; t!.':j Lt"'VL 0">.1. r.IO'::::/J.:::> AMENDMENT TO DECLARATION OF EASillvfENT (CONSERVATION) CONSENT AND JOINDER The Wlder8igned, the owner(s) of Lot 5, Block 10, ToWne Lakes 2nd Addition, Wright County, Minnesota, hereby consent to and join in the Amendment to Declaration of Easement attached hereto. IN WITNESS WlfEREOF, the :Jdersigned has caused this Consent and Joinder to be executed on the & day of _ ~ 12004. State of Minnesota NORTIILAND PROPERTY DEVELOPMENT, LLC A ~ ta. ..' ... . bil' io/._",~ompany B . ' . / . ..~ ~ . .'- - ~-~~. ts....._. . . I GARY S. PELTON I NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005 . . County of tO~(;R-( ) ) 58. ) f The foregoing instrument was ~cknowledged before me this J..t, day of ~A.N 12004, by ,MA.~ t'~ . the ~i a.e~l of Northland Property Development, LLC, a Minnesota limited liability company on behalf of said entity. _ ~. k Nota~c lHIS INSTRUMENT WAS DRAFTED BY: Contractor Property Developers Compauy 3030 Centre Pointe Drive, Suite #800 Rosevi.Ue. MN 55113 (651) 556-4521