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The originZis on file in the Office''. of the County Recorder, recorded in Book 79 of Misc'. ; page 613, Doc. No. 362912 filed Feb. 17, 1982 at 4 PM (A letter dated 11/8/84 was received eceived by the Wright County Recorder stating that the final Prote` ' cted Waters and Wetlands Inventory Map 4nd List was mailed to the Wright County,`' Au ' Auditor It supersedes . persedes the above instrument. ' Anyone wishing to view these document'sis directed to the Auditor's Office) Al M rn zo 0 0:0 ill0 F., N m mYf Q)�° 40m P PP.P.^.P. 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W.� -w A�. w A w W PP �Pw mb bPPP �n r1NNN �O. N 1N NN PP �N N vv� N P N rr..�� N P w PP,Ni, Pbm bNb N r+Ni �. O.P iw � W �m Od NN � � Od y.$ uN 60�V� wN �.e Oe �' ♦ A �w NmN� ^NNO A a O a SlC rj eN, •`o_H N�.. � N m aYW,.. .. `os- :,S m,.. �. �j" NYm - N� m .w =wo�od'o 2io2S==a>mmmm-m-gymno?So Zl=no "d==m--.-e -ear---o------ 'egg vo-- -m- - z ➢Wi �P�,NiPv P �.r.. .gym NN 1. Patent Dated Dec. 10, 1860 Rec. Apr. 3, 1900 at 9 AM Book 7 of Deeds, page 623, Doc. No. 35966 United States of America Signed By the Pres., James Buchanan by J.B. Leonard, Secy., J.N. Granger, rec. Genl. Land to Office. Seal. Mathias Maus Pursuant to Land Warranty 81605 in favor of John Zeigenfus, asgd. by him to Mathais Maus, GrantR; NWT, Sec. 1-120-24, 139.05 acres. (Abstractor°s Note: Also recorded in Book 68 of Deeds, page 636). la. Warranty Deed Dated Feb. 26, 1864 Rec. June 2 ,'=,-864 at 9 AM Book F of Deeds, page 164 Mathias Joseph Maus and Consideration $200.00 Wit.; Catherine, his.wife Signed Mathias Maus; Catherine;Maus Ack. Feb.. 26, 1864 to Joseph Vetsch Convey: NJ of NWj 1-120-24, 59 acres. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - lb. Mortgage Deed Dated June,.]5F;:6`4 Rec. June 16, 1864 at 2 PM Book E of '€s �,;, page 65 Joseph Vetsch and Consideratib.= orig. prin. amount Wit. 2 Josepha, his wife Signed 0gpely Ack. Jure`rv' 5 , 1864 to lc. Satisfaction of Mo: Book E of Mtgs., page F of Mtgs., page 65; NJ of NWk 1-120-24, 59 acres, to secure Dated June 7, 1865 &- Rec. June 17, 1865 at 3 PM in tg. dated June 15, 1864 and rec. June 16, 1864 in Book paid and satisfied. 2. Warranty Deed Dated Sept. 39, 1860 Rec. Oct. 5,,860 at 8 AM Book D of Deeds, page 397 Mathias Maus and Chathrurina Consideration $100.00 %T'rt. 2 Maus, his "vive" Signed properly - Chatharina Ack. Sept. 29, 1860 to Convey: SJ of NWj of Sec.1D-24, 80 acres. Ornald Steilen pay - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3. Warranty Deed Dated Nov. 16, 10 Rec Dec. 29, 1860 at 4 PM Book D of Deeds: pa,g , 502 Mathias Maus and Catharina, Consideration;$1,8Q.4, Wit. 2 his wife Signed properI" `.:t Ack. proper'y t0 Convey: SJ �,Ywj, Sec. 1-120-24 and so much of Oswald Steilen the Nj� f NI*, of said Sec. 1-120-24 as will cons tir _; acres, the whole piece to be conveyed by this deed to contain 80 acres.';f'fi:-his deed is given to correct a former deed by same parties to same grantee and ree. in Bk. D of Deeds, page 397". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4. Warranty Deed Dated June 7, 1865 Rec. June 17, 1865 at 3 PM ZDA G of Deeds, page 32 Oswald Steilen onsideration $152.00 Wit. 2 Signed properly to Ack. properly Joseph Vetsch Convey: SJ of NWj, Sec. 1-120-24 and so much of the NJ of NWj of said Sec. 1-120-24 as will constitute 10 acres, the whole piece to be conveyed by this instrument to contain 80 acres. 5. Warranty Dee't'"Y' Dated Mar. 7, 1866 Rec. Mar. 27, 1866 at 2 PM °-r Book G of Deeds, page 572 Joseph Vetscl_`,- Josepha Vetsh Consideration $400.00 Wit. 2 Signed properly to Ack. properly - "wif e" Michael ✓Casey Convey: NWj, Sec. 1-120-24, 139 acres., 6. Warranty Deed Dated Mar. 14, 1870 Rec. June 6, 1870 at d7 PM Book M of Deeds, page 254 Michael Casey, single man Consideration $500.00 Wit. 2 Signed properly to Ack. properly Ellen Hayes, wife of Stephen Convey: NWj of Sec. 1-120-24, 139.05 acres - - Hayes being the same premises granted to Mathias Maus:' by Patent of the United States. 7. Warranty Deed Dated Mar. 19, 1900 Rec. Apr. 7, 1900 at ::PM Book 42 of Deeds, page 355, Doc. No:"36005 Ellen Hayes and Stephen, Consideration $3,000.00 Tit. 2 her husband Signed properly Ack. properly to Convey: NWj in Sec. 1-120-24 ems;,".;,that portion of Albert Zachman of said land previously deej::d Et'r Railway right of way, 139 acres, more or`zs, Rev. Tax $3.00 paid. 8. Warranty Deed Dated Mar. 28, laKT'isec. Sept. 29, 1882 at 8 AM Book 5 of Deeds.-, Stephen Hayes and Ellen Hayes, Considerationfl' Wit. 2 husband and wife Signed proper Ack. properfly to Convey::,A strip of land 300 ft. wide being 200 ft. Minneapolis and North Western wide on <.,ap`d 100 ft. wide on the N. side of Railroad Company center 11,11 =''of the main tract of the Railroad of said Company as located, constructed and now operated over and across: NEJ of NWj, Sec. 1-120-24. Said construction being iA'tzf ull for all damages to said tract by reason of the building of said Railroad over ar44,.a'ross the same. 9. Warranty Deed .>bated Sept. 29, 1903 Rec. Oct. Zl, 1903 at 9 AM - Book 51 of Deeds, page 631, Doc. No. 47186 Albert Zachmann and Clemente;.:: Consideration $3,000.00 Wit. 2 his wife Signed properly - Clementine Ack. properly to Convey: NWj in Sec. 1-120-24 except that portion John K. Zachmann -_... of said land previously deeded for Railway right of way and except Lots "A", 3,4,5,6,7,13,14,15 and 16 acc. to surve'apd'plat made by A.A. Bloom, Co. Surveyor on May 3, 1900 of record - said lots being.,,p`reviously deeded to other parties. 10. WarxantyDeed Dated Oct. 25, 1909 Rec. Nov. 11, 1909 at 10 AM Book 64 of Deeds, page 260, Doc. No. 63591 John K. 2acYmann and Lena, Consideration $5,000.00 Wit. 2 his wife Signed properly Ack. properly to Convey: NWj in Sec. 1-120-24 except that portion Edward Zachmann of said land previously deeded for Railway right of way and except Lots A, B and C and except the 33 ft. of Lot 1 deeded for street purposes and the whole of Lots 3,4,5,6,9,12,13,14, 15,16,17,18 acc. to plat of rec., these lots being deeded to different parties (and other lands). 11. Warranty Deed Dated Nov. 2, 1909 Rec. Nov. 11, 1909 at 10 AM Book 64 of Deeds, page 261, Doc. No. 63592 Edward Zachmann and Katherina, Consideration $5,000.00 Wit. 2 his wife Signed properly Ack. properly to Convey: (Lands same as desc. in Bk. 64 of Deeds, Lena Zachmann page 260). 12. Warranty Deed Dated Nov. 16, 1916 Rec. Apr. 9, 1920 aa,I AM Book 88 of Deeds, page 306, Doc. No.. 9329`* Lena Zachman, a widow Consideration $5,000.00 ::G7it. 2 Signed properly to Ack. properly ' James Zachman and Robert Zachman Convey: All that part of NWj,6"'f Sec. 1-120-24 lying S. of Great Northern Raroad right of way and station grounds except the following desc. tract: Begin 13",; ft""t. and 66 ft. S. of Lot 18 of said NWj as rec. in Bk. 2 of Plats., page 18; tlii�'C'.W. on S. line of the street platted in Zachmans Second Addition to Albertville;°9 ft. to W. line of Albert Street in said Addition; thence N. on W. line of sa;d street as platted to Great Northern Railroad right of way; thence SE-ly alori "tfi.`a Railroad right of way to E. line of said NW4'; thence S. to place of beg. (and v he '. nds). 13. Warranty Deed Dated Apr. 1,19.0 Rec. Apr. 15, 1920 at 10 AM Book 88 of :eds,.; page 327, Doc. No. 93331 James Zachman, a single man and Consideraft�OzF°" 13,250.00 Wit. 2 Robert Zachman and Ella, his wife Signed propel Ack. p-g perl " to Convey: *All that part of NWj of Sec. 1-120-24 Joseph Jaeb lying S,=of Great Northern Railroad right of way and station grounds except the following desc. tract: Begin 33 ft. E. and 66 ft. S' of,.Lot 18 of said NWj as rec. in Bk. 2 of Plats., page 18; thence W. on S.,liri�:,.o the street platted in Zachmans Second Addition to Albertville, 399 ft*'I, to W:,a''line of Albert Street in said Addition; thence N. on W. line of said street ap p -I.ed to Great Northern Railroad right of way; thence SE-ly along the RailrQ'a a.fit of way to E. line of said NWj; thence S. to place of beg. (and other lade...> Rev. Tax $13.50 paid. - - - - - - - - - - - -.- - - - - - - - - - - - - - - - - - - - - - - - - - - 14. Mortgage Deed,,_ ' Dated Apr. 1, 1920 Rec. Apr. 17, 1920 at 2 PM Book 45 of Mtgs., page 208, Doc. No. 93367 Joseph Jaeb and.,:THes, Consideration orig. prin. amount Wit. 2 his wife Signed properly !t, Ack. properly Mtg.: All that part of NWk of Sec. 1-120-24 State Ban..of Si. Michael lying S. of Great Northern Railroad right of way and station grounds except the following desc. tract: 'Begin 33 ft. E. and 66 ft. S. of Lot 18 of NWk as rec. in Bk. 2 of Plats., page 18;;`.:thence running W. on S. line of the street platted in Zachman's Second Addition to Albertville, 399 ft. to W. line of Albert Street in said Addition; thence N. on W., line of said street as platted to the Great Northern Railroad right of way; thence SE-ly along the right of way to E. line of the NWj; thence S. to the place of beg. Also except the following desc. tract: Begin at a point 66 ft. S. of the SE cor. of said Lot 18; thence W. 150 ft.; thence S. 50 ft.; thence E. 150 ft.; thence N. 50 ft. to the place of beg. To secure $8,000.00 note of even date, due and payable within `i years with int. at 6% payable semi-annually. Reg. Tax $12.00 paid. 15. Satisfaction of Mortgage - Rec. Dec. 16, 1926 in Book 5 of Sats., page 273, Doc. No. 111980. Mtg. rec. Apr. 17, 1920 in Bk. 45 of Mtgs., page 208, is fully paid and satisfied. 16. Easement Dated June 10, 1921 Rec. June 23, 1921 at 8 AM Book P of Misc., page 361, Doc. No. 96853 Joseph Jaeb and Theresa, Signed properly - R.L. Gale, Vice Pres., Attest: his wife C.A. Slaney, Secy. Corp. Seal. for St Cloud,- Public Service Company Wit. 2 fo each to Ack. properly in 2 sep. acks. St. Cloud Public Service Company, Do hereby grant unto said company,;•:°its successors a Corporation and assigns, the right, privilegei-land authority to construct, operate and maintaiiijts,`1jght and power lines, including the necessary poles, wire, cables, etc. over'and'across: All that part of the NWJ of Sec. 1-120-24 lying S. of the Great Northern*;Railroad right of way and station grounds now owned by them, with right, privilee,.;.:and authority to cut down and trim trees when necessary, etc. Received $175.00�:p,full payment. 17. Warranty Deed Dated Nov. 27, 1926^R>:";sec. 16, 1926 at 4 PM Book 99 of Deeds,„page'l3$3, Doc. No. 111981 Joseph Jaeb and Theresa, Consideration $13y3.Q Wit. 2 his wife Signed properly;.:; Ack. properly to Convey: All"W.tom NWt of Sec. 1-120-24 lying Frank Marx and Anna Marx, S-ly of the,,tT of way and station grounds of husband and wife, as joint Great Northf'� Railway Company except therefrom a tenants and not as tenants in tract of,,,lan`d,'bounded and desc. as fols.: Begin at common, etc. a point_551$.26 ft. N. of the SE cor. of said NWk of said"�Sed`. 1; thence W. 183 ft.; thence N. 50 ft.; thence W. 216 ft.; thence N. 66 ft.; thence W. 150 ft.; thence N. 450 ft.; thence E. 150 ft.; thence N. to the=S. line of said right of way of Great Northern Railway Company; thence SE-ly alongAaid right of way to the E. line of the said NWk; thence S. along the E. line of said Wf7to point of beg. 18. Mortgage Deed ,: Dated Dec. 2, 1926 Rec. Dec. 16, 1926 at 5 PM "`. Book 57 of Mtgs., page 351, Doc. No. 111982 Frank Marx and Annie Mar-;,' _ =' Consideration orig. prin. amount Wit. 2 individually and as hush d i'' Signed properly and wife Ack. properly to Mtg.: SJ of NEJ of Sec. 1-120-24 except the W. 28 rods of the N. 41 rods thereof, except the S. 100 The Northwesterxi..,..Mutual Life ft. of the W. 333 ft. thereof and except the right Insurance Compa�;y � '' of way of the Great Northern Railway Company as it crosses the NE cor. thereof. Also all that part of the NW fract bnal: `'quarter of said Sec. 1 lying S. of the right of way and station grounds of the:.,M eat Northern Railway Company excepting therefrom a tract of land bounded nd des`c. as fols.: Begin at a point 518.26 ft. N. of the SE cor. of said NW; thence=.[': 183 ft.; thence N. 50 ft.; thence W. 216 ft.; thence N. 66 ft.; thence W. 150 ft,;, thence N. 450 ft.; thence E. 150 ft.; thence N. to the S. line of the right of`way of Great Northern Railway Company; thence SE-ly along said S. line to the E. line of said NWJ; thence S. along the E. line of said NWJ to place of beg., subj. to easement rec. in Bk. P of Misc., page 361 (and other lands). To secure $11,500.00 note of even date, due and payable as fols.: $500.00 at the expiration of 5 years, $500.00 at the expiration of 7 years and the remaining $10,500.00 thereof at the expiration of 10 years with int. at 5% payable semi-annually. Reg. Tax $28.25 paid. 19. Extension of Mortgage - Rec. July 23, 1941 in Book 75of Mtgs., page 550, Doc. No. 148054. Mtg. dated dec. 2, 1926 and rec. in Bk. 57 of Mtgs., page 351, is hereby extended, with due date of June 2, 1946. 20. Satisfaction of Mortgage - Rec. June 14, 1946 in Book 15 of Sats., page 261, Doc. No. 164303. Mtg. rec. Dec. 16, 1926 in Bk. 57 of Mtgs., page 351, is fully paid and satisfied. 21. Mortgage Deed Dated May 6, 1937 Rec. May 6, 1937 at 4„PM Book 65 of Mtgs., page 534, Doc. No. 13,8.149 Frank Marx and Anna Marx, Consideration orig. prin. amount is 2 his wife Signed properly Ack, properly to Mtg.: All of NWj of Sec. 1-12Q-24 1. ng S-ly of Christina Marx, Administratrix the right of way and stationAllof the of the Estate of John M. Marx, Great Northern Railway exceptl,)q*vtherefrom a dec. tract of land bounded and-. scr`°°°as fols.: Begin at a point 518.26 ft. N. of t'e $E cor. of said NWk of said Sec. 1; thence W. 183 ft.; thence N. 50 ft.; thence Wit;"'2; '6 ft.,- thence N. 66 ft.; thence W. 150 ft.; thence N. 450 ft.; thence E. 150.,41- ; thence N. to the S. line of said right of way of Great Northern Railway; then'-,e 0-ly along said S. line of said right of way to the E. line of NWk; thence S..lcag `the E. line of said NWi to beg. Si of NEJ, Sec. 1-120-24 except 7.1 acres he; fq rb conveyed to John Reyling, Joseph Jaeb and Eureka Cheese Corporation, Assam:, and except Railroad right of way (and other lands). To secure $2,200.00 note o€even-..V.date, due and payable as fols.: $200.00 on Nov. 20th in the years 1938 andI`.,.,:" 91"''$100.00 due Nov. 20, 1939, $500.00 due Nov. 20, 1940, $500.00 due Nov. 20.:;`�1.,9`�.1 end $700.00 due Nov. 20, 1942; int. at 4%. Reg. Tax $3.I`paid. 22. Satisfaction of Mortgage - Rec. Dec. 30, 1942 in Book 14 of Sats., page 546, Doc. No. 152042. Mtg. rec. May 6, 1937 in B',,,.65 of Mtgs., page 534, is fully paid and satisfied. 23. Warranty Deed `;: Dat'ed Sept. 17, 1946 Rec. Sept. 25, 1946 at 4 PM `.Y ok 140 of Deeds, page 355, Doc. No. 165728 Frank Marx and Anna Marx, °'Consideration $1400.00 Wit. 2 his wife _- Signed g properly Ack. Sept. 17, 1946 to ' Convey: Starting at a point 66 ft. W. of the SW The Church of St. Albeit;:<o�. ` cor. of Lot 9 of Zachman's 2nd Addition to the Albertville, formerly=$,C. Michael Townsite of Albertville and 66 ft. N. of the SW Station cor. of Albert Street acc. to plat of rec., thence N. on the W. line of Albert Street 450 ft. to the point of beg.; tAerice1pontinuing along the W. line of Albert Street 649 ft. to the Right of Way of`fi� e.,Great Northern Railway; thence along the S. line of Great Northern Railway Alght of Way to a point on a line par. and 400 ft. W. of the W. line of Albert Strn:et; thence S. par. to W. line of Albert Street 868 ft. to a point 400 ft. distant at t- ht angles from the point of beg.; thence E. 400 ft. to the point of beg., cont.''7.,46res, more or less. Said tract being situated in the Ej of NWj of Sec. 1-120-24'. (Informatdn) Rev. Tax $1.65 can. 24. Affidavit & Death Certificate Dated - - - Rec. May 11, 1955 at 3 PM Book 12 of Misc., page 188, Doc. No. 196225 Wright County, Minnesota Death Certificate - Frank Marx Re: Estate of Frank Marx, dec. Was born May 28, 1869 & died July 6, 1954 Age - - - ; Name of spouse- Annie Copy certified Mar. 12, 1955 Affidavit - Sworn says that affiant is the surviving joint tenant of dec. named herein. That said dec. died July 6, 1954; that a duly certified copy of death record :L"i hereto attached. That said dec. at and prior to death was owner of an int res '`'as joint tenant created by inst. dated Nov. 27, 1926 and rec. Dec. 16, 1926 ':,Book 99 of Deeds, page 383 covering: NWJ of Sec. 1-120-24 lying S-ly of the right of'zaay and station grounds of the of the Great Northern Railroad Co. except therefrom a tract of land bounded and desc. as fols.: Begin at a point 518.26 ft. N. of th,4 SE cor. of said NWJ of said Sec. 1; thence W. 183 ft.; thence N. 50 ft.; then&Tnh=;;:216 ft.; thence N. 66 ft.; thence W. 150 ft.; thence N. 450 ft.; thence E ,.150 ft.; thence N. to the S. line of said right of way to the E. line of the said NTJ; thence S. along the E. line of said NWJ to point of beg. Affiant makes this affidavit and files copy of death record a:;,.Pv'i'ence of the death of said joint tenant and the termination of said joint tenancy,"'-,. Signed - Anna Marx Sub. & sworn to May 7, 1955 Certificate of Inheritance Tax - Dated May 10, 1955hera s no Inheritance Tax due the State of Minnesota. Commissioner of Taxation. - ---........------------- 25. Warranty Deed Dated Nov. ;1'a L9Rec. Mar. 1, 1961 at 3 PM Book 174 c'f :Ids.,, page 498, Doc. No. 218392 Annie Marx, a widow Consideration fl. and other val. cons. Wit. 2 Signed;propery to Ack. Noir �;:M 1960 Louis J. Praught, Herbert Scherber and Raymond Poepping 0°14'E. along the W. line of Ma continuing on the last desc. co. thence N. 89°26'W. along said J... N. 88015'E. 516 ft. to point,�f desc. as fols.: Com. at thee-�Ec in the Village of Albertv4le line of Main Street, 15.5: ftt ; l-t continuing on the last dell' ` c''o 88053'W. 150 ft. to the"E':,-jtne line of Street, 520.3:;f4. _t"o the i Convey: Gom. at the SE cor. of Lot 18 in Plat of Lots at 'St. Michaels Station in the Village of Ajbertville, acc. to plat of rec.; thence S. n Sheet, 66 ft. for a point of beg.; thence x,se, 'S-'8.26 ft. to the E. and W. J line of Sec. 1; 1.ine ''516 ft.- thence N. 0°16'W., 547.4 ft.; thence li', cont. 6.6 acres, more or less. Also a tract r- aof Lot 18 in Plat of Lots at St. Michaels Station aec. to plat of rec.; thence S. 0°14'E. along the W. hence N. 89°45'E. 66 ft. for a point of beg.; thence urse, 150 ft.; thence S. 0013'E. 523.73 ft.; thence N. of said Main Street; thence N. 0014'W. along said E. point of beg., cont. 1.8 acres, more or less. Rev. Tax $1.10 can. State Deed Tax $1.10 paid. 26. Final Decree of Distribution Dated Mar. 31, 1964 Book 197 of Deeds, Wright County, Minnesota Signed Clifford E. In Probate Court Rec. Sept. 18, 1964 at page 382, Doc. No. 233282 Olson, Judge of Probate. 1 PM Seal. Hearing Mar. 31, 1964 upon petition of Repr. who Re: Estate of Annie Marx, also appeared in person and by Atty. Glen W. Swenson; known as Anna Marx, dec. no one in opposition, Court Finds: Notice of hearing duly given and served, all debts paid,;; .. Dec. died intestate Dec. 27, 1962. Residue of estate - Personal property: $8,540.60 Real property: Part of the NWj of Sec. 1-120-24 desc. as fols.: Com. at a point•--bn the S. line of said NWj, 549 ft. W of the SE cor. of said NWj; thence N., :par., with the E. line of said NWi, 1063.4 ft.; thence deflect 91°29' left, 250 ft.; thence deflect 91°29' right, 881 ft. to the S-ly right-of-way line of the Grt Northern Railway; thence NW-ly along said right-of-way line, to the N. line of.;;,said Sec. 1; thence W. along said N. line, 1235 ft. to the NW cor. of said Sec.:,:;';.:thence S. along the W. line of said Sec. 1, 2222 ft. to the SW cor. of said NWk; thence,:'t. along the S. line of said NWj, 2094 ft. to the point of beg., con. 103.8 adiresj, more or less. Sole Heirs at Law: Alfred Marx, Rudolph Marx, Clemens Marx, Appaldnijd Maehren, Gregor Marx, Herbert Marx, Leo Marx and Andrew Marx, sons and daughters 01--said dec. and Francis Allers, Deloris Broxmeyer, Teresa Wagner and Mary Ann_- ers Berger, son and daughters of Agnes Allers, a predeceased daughter of said dec.',' ORDERED: Above desc. property asgd. to Alfred Marx, Rudohp'Malx, Clemens Marx, Appolonia Maehren, Gregor Marx, Herbert Marx, Leo Marx and,'Andrew Marx, each an und. 1/9 share therein absolutely and in fee -simple; and Fpncs'1llers, Deloris Broxmeyer, Teresa Wagner and Mary Ann Allers Berger,.;;" ach`*h und. 1/36 share therein, absolutely and in fee -simple. Copy certified dated Sept. 18, 1964 by Clerk of P nfi to". Seal. 27. Warranty Deed Appalonia Maehren and Alfred Maehren, her husband to Clemens Marx exc. therefrom a tract of ft. N. of the SE cor. of s ft.; thence W. 216 ft.; th thence E. 150 ft.; thence" Railway; thence SE-ly aloIU beg., exc. therefrom land Deeds, page 498. Clemens Marx Dated Feb. 2,.,"� 1964 Rec. Book 19;;=of Heeds, page Consider. n $2,333.00 Signed gx:operly Ack. Fe 29, 1964 Mar. 26, 1964 at 3 PM 74, Doc. No. 231120 Wit. 2 Conv y: All our und. int. in: All of the NWj of Seta 1-120-24 lying S-ly of the right of way and atation grounds of the Great Northern Railway � d, ded and desc. as fols.: Begin at a point 518.26 W4,6f said Sec. 1; thence W. 183 ft.; thence N. 50 _Nr`'66 ft.; thence W. 150 ft.; thence N. 450 ft.; a:„the S. line of said right of way of Great Northern Id right of way to the E. line of NWj to the point of c. in Bk. 140 of Deeds, page 355 and in Bk. 174 of Rev. Tax $2.75 can. State Deed Tax $2.75 paid. Dated Apr. 26, 1969 Rec. Nov. 5, 1969 at 10 AM Book 229 of Deeds, pages 536-537, Doc. No. 258826 Consideration $1. and other val. cons. Wit. 2 Signed properly Ack. Apr. 26, 1969 Convey: All my und. int. in: (Land same as desc. in Bk. 195 of Deeds, page 74). State Deed Tax $5.50 paid. 29. Warranty Deed Francis Allers and Catherine Allers, husband and wife, and Deloris Broxmeyer and Walter L. Broxmeyer, wife and husband, and Teresa Wagner and Arthur Wagner, wife and husband, and Mary Ann Berger and Albert Berger, wife and husband to Clemens Marx, a single man Dated Feb. 17, 1970 Rec. Oct. 22, 1970 at 9 AM Book 235 of Deeds, pages 45-46, Doc. No. 263961 Consideration $1. and other val. cons. Wit. 2 each Signed properly Ack. properly in 4 sep. acks. Convey: All my und. int. in: (Lands same as d,e.sc. in Bk. 195 of Deeds, page 74). State Deed Tax $4.40 paid. 30. Warranty Deed Dated Apr. 27, 1971 Rec. M )� 19``1971 at 1 PM Book 238 of Deeds, pages 451,445'4, Doc. No. 267514 Gregor Marx, single, and Consideration $1. and.he val. cons. Wit. 2 Herbert Marx, single Signed properly w., Ack. Apr. 27, 1971 j to Convey: All my uni'=; .int.,in: (Land same as desc. Clemens Marx in Bk. 195 of D.eds°:page 74). State Deed T4:0:80 paid. 31. Warranty Deed Dated Apr. 4"',:1973 Rec. Apr. 5, 1973 at 10 AM Book 254;,.Deeds, pages 227-228, Doc. No. 281947 Clemens Marx, also known as Conside`aton $1. and other val. cons. Wit. 2 Clemense Marx, single; Rudolph Signed poperly - Clemens Marx Marx, single; Alfred Marx, single; Ack. Apr. 4, 1973 Leo Marx and Bernadine Marx, his wife J, Cr�: That part of the Ej of NWJ of Sec. 17= M -24 desc. as fols.: Com. at the SW cor. of to 2" chman's Second Addition, acc. to plat of rec.; �hence N. along the W. line of Albert Street acc. The Church of St. Albert of```°,,,, ' to said plat, 566.00 ft.; thence W. at a right Albertville = angles, 400.00 ft. to the actual point of beg.; thence continue W. on the extension of the last desc. course, 20.00 ft."=--hepce N. at a right angle, 828.37 ft. to the S-ly right-of-way line of,t nTlington Northern Railway; thence SE-ly along said right-of-way line, 22 fry Lt. to a line par. with and 400 ft. W. of the W. line of Albert Street; thence�'-=,5,. along said par. line, 817.78 ft. to the point of beg. (Information) :::`:'::.' State Deed Tax $2.20 paid. 32. Warrantv=lj d Dated May 25, 1973 Rec. May 31, 1973 at 2 PM Book 254 of Deeds, pages 722-723, Doc. No. 283430 Clemens;{.Marx `also known as Consideration $1. and other val. cons. Wit. 2 Clemens...Matx, single; Rudolph Signed properly - Clemens Marx Marx, single; Alfred Marx, single; Ack. May 25, 1973 Leo Marx and Bernadine Marx, his wife Convey: All that part of the NWJ of Sec. 1-120-24 lying W. of County Road No. 19. to Clemens Dehmer (Information) State Deed Tax $2.20 paid. 33. Warranty Deed Dated June 21, 1973 Rec. June 21, 1973 at 2 PM Book 255 of Deeds, pages 416-417, Doc. No. 284018 Rudolph Marx, a single man Consideration $1. and other val. cons. Wit. 2 Signed properly to Ack. June 21, 1973 Clemens Marx Convey: All our und. int. in: (Lands same as-_desc. in Bk. 195 of Deeds, page 74). State Deed Tax $4.40 paid. 34. Quit Claim Deed Dated Dec. 7, 1974 Rec. Dec. 10, 1,04 at 11 AM Book 266 of Deeds, pages 740-741;�`'Doc. No. 294931 Alfred Marx, a single man; Leo Consideration $1. and other val,k''cets. Marx, and Bernardine Marx, Signed properly husband and wife Ack. Dec. 7, 1974 to Quit Claim: That part of t t NWj"of Sec. 1-120-24 desc. as fols.: Beg. at thol-$-11tersection of the Clemens Marx. S. line of said NWi an —,the W: line of Marx First Addition; thence N-ly`;aong:'said W. line of Marx First Addition, and its N-ly extension, 1066.6 ft.; theh-q!' fleet 89°26'30" to the left, 250 ft.; thence deflecting 90' to the right, 50<''ft:4° thence deflecting 90' to the left, 20 ft.; thence deflecting 90000'03" to thy'=fight.:;°' 828.3 ft. to the S-ly right of way of the Burlington Northern RR; thence,;.=N along said right-of-way to the N. line of said Sec. 1; thence W. along said N..lirie; 1235 ft. to the NW cor. of said Sec. 1; thence S. along the W. line of said'"e"k. " 2222 ft. to the SW cor. of said NWj; thence E. along the S. line of saidrft. more or less, to the point of beg. Except the following property:ha'p`art of the NWjof Sec. 1-120-24 desc. as fols.: Beg. at the NW cor. of said See thence E. along the N. line of said Sec. 1, 1235 ft. to the S-ly right-ofl- ay }one of the Burlington Northern RR; thence deflecting to the right 28058', alorii:sad S-ly right-of-way, 74.3 ft.; thence deflecting to the right 62°06' 718.03 ft.;`-,thence deflecting to the right, to a point on the W. line of said Sec. 1, 754 ft. S. of.the NW cor. of said Sec. 1; thence N. to the point of beg. S: e Deed Tax $2.20 paid. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 35. Quit Claim Deed " Dated Dec. 7, 1974 Rec. Dec. 10, 1974 at 11 AM Book 266 of Deeds, pages 742-743, Doc. No. 294932 Clemens Marx, a single min`::!;, :,; Consideration $1. and other val. cons. Signed properly to Ack. Dec. 7, 1974 Alfred Marx and Leo M;tx Quit Claim: That part of the NWj of Sec. 1-120-24 desc. as fols.: Beg. at the NW cor. of said Sec. 1; thence E. alq. g tWN. line of said Sec. 1, 1235 ft. to the S-ly right-of-way line of the Burlingt.Q�n°.:No thern RR; thence deflecting to the right 28°58', along said S-ly right-of-way, 74:.,3ft.; thence deflecting to the right 62°06', 718.03 ft.; thence deflecting tzb!,the..�kight, to a point on the W. line of said Sec. 1, 754 ft. S. of the NW cor. of sa�d-,.Bec. 1; thence N. to the point of beg. Except that part of the NW4 lying NW-1 off the center line of County Road 19. State Deed Tax $2.20 paid. 36. Warranty Deed Alfred Marx, a single man; Leo Marx and Bernardine Marx, husband and wife to Donald G. Barthel and Betty L. Barthel, husband and wife, as joint tenants and not as tenants in common, etc. Dated Dec. 7, 1974 Rec. Dec. 10, 1974 at 11 AM Book 266 of Deeds, pages 744-745, Doc. No. 294934 Consideration $1. and other val. cons. Signed properly Ack. Dec. 7, 1974 Convey: The N. 200 ft. of the W. 960.5 ft. of the NWk of Sec. 1-120-24. Except that part of snid., .. NWJ lying NW-ly of the centerline of Wright Comity Road 19. (Information) State Deed Tax $13.20 paid. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 37. Contract for Deed Dated Dec. 7, 1974 Rec. Dec. ``1,:_,;.1974 at 11 AM Book 61 of Misc., pages 4f,„3,.-46 zj-"Doc . No. 294933 Alfred Marx, a single man; Leo Consideration $22,000'.00 Wit. 2 ' Marx and Bernardine Marx, Signed properly by all.,par'iet husband and wife, first parties Ack. Dec. 7, 1974 JTV to First .partie- sell,;"and`,.igree to convey by Warranty Deed accompanied,by an abstradt' That part of the Donald G. Barthel and Betty L. NWi of Sec. 1-12T .4 do-sc. as fols.: Beg. at the Barthel, husband and wife, as NW cor. of sai:d''Sec.'l; thence E. along 'the N. joint tenants and not as tenants line of said 11.,11235 ft. to the S-ly right in common, etc., second parties of way line;trfh Burlington Northern R.R. thence defeg�g to teh right 28058', along said S-ly right-of-way; 74.3 ft.; thence deflectinj�,,- o�the right 620061, 718.03 ft.; thence deflecting to the right, to a point on t !f W. line of said Sec. 1, 754 ft. S. of the NW cor. of said Sec. 1; thence N. t&;%the,'point of beg. Except that part of said NWT lying NW-ly of the center line of:,bcanty Road 19. Second parties agree to pay $22,000.00 as fols.: $6,000.00 Down; $16000.00 payable as fols.: $2,666.67 plus int. at 6% per annum payable Jan. 20,, 1975:=-and a like sum plus int. on July 20, 1975 and a like sum, plus int. on the sate two days of each yr. thereafter until paid in full; full prepayment privileges. It=_-is.j.further agreed that the vendors shall release any acreage requested by the vend ees'-pon payment of $1,500.00 per acre and all expenses of the said release, iilud;ing survey, abstract, state deed tax, deed and closing, shall be paid by the---�'Vei-&ees. Reg. Tax $24.00 paid. 38. Warranty Deed Dated July 22, 1977 Rec. Dec. 28, 1977 at 11 AM Book 287 of Deeds, page 880, Doc. No. 321475 Alfred Marx, a single man; Leo Consideration $1. and other val. cons. Wit. 2 Marx and Bernadine Marx, Signed properly husband and wife Ack. July 22, 1977 to Convey: That part of the NWJ of Sec. 1-1207;4 , desc. as fols.: Beg. at the NW cor. of said Donald G. Barthel and Betty L. 1; thence E. along the N. line of said.See. 1,' Barthel, husband and wife, as a distance of 1235 ft. to the S-ly right of way joint tenants and not as tenants line of the Burlington Northern R.R.; Thence` in common, etc. deflecting to the right 28°58', along said S-ly right-of-way, a distance of 74.3 ft.; tbezce deflecting to the right 62°06', a distance of 718.03 ft.; thence defae'cting to the right, to a point on the W. line of said Sec. 1, 754 ft. S. of the,:�3;._cor. of said Sec. 1; thence N. to the point of beg. Except that part of said N.13pg NW-ly of the center line of County Road 19. State Deed Tax $48.40 paid. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Y,... 39. Grant Dated Aug. 22, 1989 Red'. Arg. 29, 1989 at 3:35 PM Book 95 of Misc., pa.g'e-'§71.9, Doc. No. 461543 Donald G. Barthel and Betty L. Consideration $10'f}0 ''`= Wit. 2 Barthel, husband and wife Signed ro erl g P P Y :� _ Ack. Aug. 22, T to In Considerate r~=flf $10.00 of which the under - AT & T Communications of the signed here"g giht and convey unto said Company, Midwest, Inc., an Iowa its assod .ht-M- `und allied companies, its and their Corporation respective,. u cessors, assigns, lessess and agents;,,, a right of way and easement to construct, operate, maintain, replace and remove sucheominunication systems as the grantees may from time to time require, consisting of ud0rground cables, lightguides, wires, conduits, manholes, drains, splicing boxes;. repeaters, repeater housings, together with surface testing -terminals, markers, and other appurtenances, upon, over and under a strip of land 16.5 ft. wide` across the land which the undersigned own or in which the undersigned have any intees't in: An easement 16.5 ft. in width across the following desc. tr.: A part of. he_ .NWJ Sec. 1-120-24, which lies SW-ly of the SW-ly right-of-way line of thy: $arl%ngton Northern Railroad right-of-way; said easement being 8.25 ft. in WQth';.0,,n each side of the following desc. centerline: COm. at the NW cor. of said thence S. 89°38'45"E. a distance of 1206.52 ft., on an assumed bearing, on the._N0~;;l-ne of said i k sec., to a point 8.25 ft. SW-ly (measured at a right an.lfmom the SW-ly right-of-way line of said Burlington Northern Railroad, whi6k,,, 4nt is the point of beg. of the centerline to be desc.; thence S. 60°40'08"Ea 41s- ance of 93.56 ft., on a line par. with and 8.25 ft. SW-ly (measured at a right.,from the SW-ly right-of-way line of said railroad, to a point on the E. line`>b*LLf that certain tr. of land as desc. in Bk. 287 Deeds at page 880 and rec. in tTbe office of the County Recorder of Wright Co., Minn., and there terminating, Townsp'-of Frankfort, County of Wright, State of Minn. Together with,:fl .f."llowing rights: Of ingress and egress to, from, and along lands adjacent to sai*,s'trip for the purpose of constructing and maintaining communications systems within s,61d strip; to place surface markers beyond said strip; to clear and keep cleared'",' I trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof;; amd''to install gates in any fences crossing said strip. The grantees agree that the said cables or lightguides shall be buried below plow depth in order not to interfere.%with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems. 40. Release of Easement - Dated Mar. 12, 1991 and rec. Mar. 29, 1991 at 8:07 AM in Book 97 of Sats., page 100, Doc. No. 486529. Easement dated Aug. 22, 1989 and rec. Aug. 29, 1989 in Bk. 95 of Misc., page 979, is hereby released. 41. Quit Claim Deed Donald G. Barthel and Betty L. Barthel, husband and wife to City of Albertville, a Minnesota Municipal Corporation Dated Mar. 6, 1992 Rec. Apr. 16, 1992 at 8:38 AM Document No. 503948 Consideration for val. cons. Wit. 2 Signed properly Ack. Mar. 6, 1992 Quit Claim: EXHIBIT A Description for temporary construction and armanent sewer assements A 120 and a over P Donald and Betty Barthel 00 foot Temporary Construction Easement, to expire on December.-"31::,71992, 60.00 foot Perpetual Easement for Utility Purposes, said eas_dMi nts"'l.ying nd in the following described tract: that part of the Northwest Quarter of Section 1, Township 12i•North, Range 24 Weot, described as follows: beginning at the n4i?thwo'st corner of said Section 1; thence east along the north;line`'gf-said Section 1, a distance of 1235.00 feet to the southerlyht-b' -way line of the Burlington Northern Railroad; thence defle 3 gIto the right 28°, 58', 00" along said southerly right-of-way a';o�isance of 74.30 feet; thence deflecting to the right 62° Ob;!„, 00'" a;y�distance of 718.03 feet; thence deflecting to the right,;`"Co!;a ps*nt on the west line of said Section 1, 754.00 feet sou.:h `6.k th#' northwest corner of said Section 1; thence north to the°"pbi.-*t 7;A` beginning; except that part of said Northwest Quarter,,_ nA`06Ythwesterly of the center line of County Road 19. Said Temporary Construction Easement lying 60� F6 ..p on" either side, and said Perpetual Easement for Utility Purposes lyin,%;;3`0 1tet on either side, of the following described centerline: commencing at the northwest corner of tfW` drthwest Quarter of said Section 1; thence South 0°, 21' , 09'J st, a"umed bearing, along the west line of said Northwest Quacte� Ra's'istance of 754.00 feet; thence North 89°, 251, 09" East., b-;;he,south line of above said tract, a distance of 913.62 feet t'arth&.actual point of beginning of the center line to be described, r_iee North 20, 34', 48" West a distance of 300.00 feet; thence Not*"`0°, 33', 47" West, a distance of 280.00 feet to the north f *e of said Northwest Quarter and there terminating, said point beiqcjiesntt; he centerline of Lachman Avenue Northeast, platted in Sunrisa,Ccxuttercial Park according to the plat thereof of file and of record'irti:'the office of the County Recorder, Wright County, Minnesota, thetside lines of said easements to be shortened or lengthened to meet at angle points and to terminate on the north and south�'`line of the above described tract; And Also a 60.00 foot Perpetual Easement for Utility Purposes described as follows: the south 69.00 f et of the north 273.00 feet of the east 605.00 feet of the west 860.00 ..feet of4,the Northwest Quarter of Section 1, Township 120 North, Range 24 West'r';;Wrigh,�County, Minnesota. And also a 120.0.4`'"foot;�Tettporary Construction Easement, to expire December 31, 1992, described,as;fol's: the south 120.00 feet of the north 303.00 feet of the east 635.06fee11 and, west 860.00 feet of the Northwest Quarter of Section 1, Township 120.,NoFffi, iAnge 24 West, Wright County, Minnesota; except the north 30.00 feet ry`f=:the 9a.u`th 120.00 feet of the north 303.00 feet of the west 245.00 feet of the ed.a,t b`'J5.00 feet of the west 860.00 feet of said Northwest Quarter of Sectiatt=z,`TcxwRi hlp 120 North, Range 24 West, Wright County, Minnesota. 42. Quit Claim Deed Dated Mar. 2, 1992 Rec. Apr. 16, 1992 at 8:38 AM Document No. 503949 Clemens Marx Consideration for val. cons. Wit. 2 Signed properly to Ack. Mar. 2, 1992 City of Albertville, a Minnesota Municipal Corporation EXHIBIT A Quit Claim: Description for temporary construction and permanent sewer easements Clemens Marx A 120.00 foot Temporary Construction Easement, to expir6 on' December 31, 1992, and a 60.00 foot Perpetual Easement for Utili:tt Purposes, said easements lying over and in the following a€gscr.ibed tract: The West Half of the Northwest Quarter of Sect'io'iti- 1, Township 120 North, Range 24 West, Wright.;`ourr:y`, Minnesota. Said Temporary Construction Easement lying 60 feet'„., ''ither side and said Perpetual Easement lying 30 feet on ,'the'r-side of the following described centerline: commencing at the northwest corner of ,said`'Wgst Half of the Northwest Quarter; thence South : 21 09" West assumed bearing,' along the west line, x1 a,,jd='West Half of the Northwest Quarter, a distance o.- ` &,-4 <qQ feet; thence North 890, 25' 09" East along the:'9but:A4_. ine of a tract of land recorded in Book 321 of;D pds,-Giage 475, office of the Recorder, Wright County,�Mit`nesdta, a distance of 913.62 feet to the actual p&4nt']'0'-.ft, beginning of the center line to be described;-'" t,h..en6i"!" South 20, 341, 48" East, a distance of 130.08 fe�kt�"<&,hence South 00, 34' 51" East, a distance of 290.00r-feet;.thence north 890, 25' 09" East, a distance of ;35,.p3`;;,eet; thence South 160, 10', 04". West, a distant et`+,j&-tPtZ° Q..02 feet; thence South 80, 15', 32" West, a dis.ane of 290.02 feet; thence South 00, 131. 20" West, a'=:ec��'stance of 520.00 feet to a point on the south ' .1ne ,'of said West Half of the Northwest Quarter, d:httapt 1157.19 feet east of the southwest corner of=='aizl West Half of the Northwest Quarter and there terminating, the south line of said West Half of the Northwest Quarter bearing South 88°, 511, 22" East-: The side lines of said easements to be shortened or;:;h:engthened to meet at angle points and to terminate on the 'S:outh line of said tract recorded in Book 321 of DedcYs,,;" page 475, and the south line of said West Half ---of the'Northwest Quarter. Together with all hereditamesappurtenances belonging thereto. State Deed Tax $1.65 paid. - - - r_ 43. Developer's Agreenelrt Dated Aug. 27, 1992 Rec. Oct. 27, 1992 at 8:13 AM Barthel's Commerc.,�al.� rk Document No. 514857 Signed property - City of Albertville, by Donatus Donald G. Bartt;el;ad Betty L. Vetsch, acting as Mayor, Linda Houghton, Clerk Barthel, (collectivly referred Ack. Sept. 2, 1992 ;itto as "Developers:') Ack. Aug. 26, 1992 Ack. Aug. 27, 1992 WHEREAS, Developer is the fee owner and developer of a parcel City of'. Albe-rtville, County of or parcels of land described in Exhibit "A", attached hereto and WY1ghtt;Ste of Minnesota, incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and (hereina'fter referred to as which subdivision, which is the subject of this agreement, is "City") intended to bear the name Barthel Commercial Park and may sometimes hereinafter be referred to as the "Subject Property", "Said Plat", "Plat", "Platted Property" or individually by the lots to be platted within said Commercial Park; and WHEREAS, the City has given preliminary approval of Developer's plat of May 7, 1992 (attached hereto as Exhibit "B") contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain improvements including, but not limited to drainage and paved access be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be financed by the Developer; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and Subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; (Continued) NOW, THnREFORE, IT IS HEREBY KND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein 43. (Con't.) set forth, as follows: 1. Developer to Construct Improvements A. Developer shall construct and install curb and gutter on that portion of Lot 1, Block 2 and Lot 1, Block 1 of Barthel Commercial Park abutting the proposed 60th Street N.E., construct a 9-ton road to City specifications as.,,;, described and including those utilities as described in ::- paragraph 2(B) below, said road construction abutting the North portion of said Lot 1, Block 2 (road area shownign the Preliminary Plat as- 60th St. N.E.) with elther bituminous or concrete surfacing. The Developee shall also landscape said lot with trees in the size ad type as required by the City Engineer or City By11d.ng Inspector, construct drainage swales and berming, ih ;ta11 sod or seed and like items, and implemeR,-;.. necessary erosion control procedures. Developer agrees to pave said Lot 1, Block 2, but said paving mA ' consist of gravel of such type and quantity as apprc3Vedt;t?,y the City Engineer until such time as Developer corfstruo:s a second warehouse storage or similar building, `at ::which time (i.e. prior to occupation of additional' building) Developer must lay bituminous or conck¢ktei surfacing on all graveled areas of said Lot 1 :and a=1;` other ground areas of the lot which are to be ustQ' conjunction with any warehouse storage or similar*X'Jl 'iidings on the premises. Developer agrees .that='as'' each additional building is constructed, bitum-f"ftiaus C"L concrete surfacing will be laid for use with- '�Akch• building prior to occupation of each said new..'''b iding. B. Developer shall cause tq-. e c 'structed a 9-ton road, built to City specifica'ions, hutting each additional lot in Barthel Commercal -'ark that is platted. Said road shall be constructed "`fit Developer's expense and shall be built as soor,;,a: �.),os'sible after plat approval by the City, but befoy:�'a.riy 'structures are erected on the newly platted prof ety!,. Prior to construction of said road, the City msi.t, approve the design and location of said road, it•"bin agreed that said road shall eventually connect'`With Lachman Ave. N.E., and that the entire area of-said'`i!�oad connecting to Lachman Ave. N.E. must be pavPiz dy Developer acc?rding to Cit specifications St: such time ash gloves 1. n �B-fee;CCi ` t- a ro dwa (as megisu-red from the e edge cf Said Plat down :the center of said road) has een paved. With regard to all roads within Said Plat, Developer shall,{ledicate to the City ten (10) feet of easement on either"'side. of the road for utility purposes and shall deciicat�,.'- the City sixty (60) feet of right of way for the road itself. The paved surface of the road shall be forty-f,our (44) feet wide. In addition, the Developer kha�1 ='install concrete curb and gutter, water mains, stout. -sewer and sanitary sewer, as required by the City E w_g,I eer and all designed to City specifications, prior =(top-avIng of the road. Said road, easements and rights- ... ,:.. "4f.,<way shall be dedicated to the City upon completion of construction. Acceptance shall occur upon approval and acceptance of the road by the City engineer and the City a; Council. The Developer agrees to pay for the cost of said road, and agrees to pay all costs incurred by the City in constructing said road as detailed in paragraph 2 below. IT IS AGREED THAT THIS OBLIGATION SHALL ACT AS A COVENANT IN FAVOR OF THE CITY AND SHALL RUN WITH THE LAND ON ALL PARCELS OF SAID PLAT. In the event Developer sells any portion of Said Plat affected by this paragraph, the purchaser of such land shall assume the duties and responsibilities of Developer as to the improvements required under this agreement. C. Developer shall, at its own expense, cause street lights to be installed of such type and at such locations as required by the City Engineer. D. Prior to constructing any improvements on Lot 1, Block 2, Developer shall submit an erosion plan to the City for approval by the City Engineer. Developer agrees to implement those erosion control measures as required by the City Engineer prior to disturbing the surface of Lot 1, Block 2. 2. Authorization to Construct Improvements an to Assess C sts o Improvements to Barthel Commercial Park Land A. Developer agrees that it shall make such improvements as described in paragraphs l(A) and 1(B) above at the time and in the form as described in paragraphs 1(A) and 1(B) above. If Developer does not cause said improvements to be constructed, Developer hereby authorizes the City to enter upon Developer's land and construct all said improvements described in paragraphs 1(A) and 1(B) above. Developer agrees to pay for all said improvements, whether constructed by Developer or by the City, including all construction costs, engineer's fees, attorney's fees, planner's fees, bonding costs, capitalized interest, and such other costs as are (Continued) incurred by the City in constructing and assessing said improvements. Developer agrees to pay the City (if City makes said improvements) within 30,days of the date on (Con't.) which the bill is mailed by the City to the Developer. 43• This authorization notwithstanding, the City shall not be obligated, to construct said improvements, but it may elect to do so upon request or upon its own initiative. B. If Developer fails to pay the City within thirty (30) days of billing for said improvements authorized in paragraph 2(A) above, Developer hereby petitions the Ci6y to construct said improvements and hereby authorizes the City to specially assess one hundred percent (100%) of,,:. the cost of said improvements to any portion of the lardsi- or to all lands in Barthel Commercial Park owned by Developer as of the date of this agreement. SAID AUTHORIZATION TO CONSTRUCT IMPROVEMENTS AND TO SPEetALLX••, ASSESS SAID IMPROVEMENT COSTS SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON FUTURE OWNERS OF ANY SAID FARCELS NOW OWNED BY THE DEVELOPER. DEVELOPER AND ALL'-FUT:URE oWNERs OF ANY PARCEL IN BARTHEL COMMERCIAL PARR"`HtREBY WAIVE ANY OBJECTION TO BEING ASSESSED 100% OF•:• --THE COST OF THE PROJECT AGAINST THE ABOVE DESCRIBED PROPERTY, AND DEVELOPER AND ALL FUTURE OWNERS OF ANY PAR;C X, IN BARTHEL COMMERCIAL PARK HEREBY WAIVE THEIR RIGH1g:,-TOi-.APPEAL SAID SPECIAL ASSESSMENT TO THE DISTRICT COURT `#' RftP i` PURSUANT TO MINNESOTA STATUTE 429.081. 3• surety and City's Right to Withdraw Funds A. The Developer shall provide the City h!i`th cash, approved irrevocable letter of credit c,t-Juhef..iiii,,satisfactory surety in the amount of nineteen tho)isWnd,::-nine hundred thirty- three dollars ($19,933.00)."''o'Sa"3;`c: surety shall be in a form and from an issuer acd'4pt`W?1'L'to the City Attorney. Said surety shall be provided t�?3"the City as a guarantee that the improvements required in paragraphs 1(A) and l(B) shall be constructed 4h4 paid for by Developer. If Developer fails to coxstr,uc't:`said improvements, the City may, at its option, such such required improvements to be constructed .at`= tv'I' loper's expense and draw upon said surety to 't •qr all or a portion of said improvements. Sia';id.ta t to draw upon said surety shall be in addition to'`nd'`:ay` be exercised simultaneously to the City's right tzssess all or a portion of the cost of said improvements�to any or all properties within said Plat.. B. The Developer agrees to pay sufficient amounts of special assessments each year, if not already paid in prior years",',.',. for properties lying within said plat to enable the City do pay any debt service payments incurred as a result=�f .'the development of the subject property and cohstrdot on of the improvements detailed in paragraph 1 a•hbve,-,lihcluding principal and interest, as such payments cote, dtie. Any deficiencies in the amount paid by the beviel;oper for special assessments causing a shortage of fundii with which the City may timely pay the required d'"cie•t service payment(s) shall be supplemented with funds iithdrawn by the City from the Developer's approved '-,,irrevocable letter of credit or other surety furnished to the City. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by the City for Payment of its herein referred debt service payment when due. Upon the Developer paying the delinquent special assessments, the City will repay to the surety, to the extent that the delinquent special assessments have been paid, the surety monies withdrawn, less any costs incurred by the City in conjunction with the said delinquent special assessments. The City may draw on said surety for cash flow purposes to supplement the Developer's payments when Developer is delinquent in the payment of said special assessments or for other purposes as enumerated elsewhere in this agreement. 4. Surety Release, A. The Developer may request of the City a reduction or release of any surety provided for in conjunction with the improvements described in Paragraph 1 above, as follows: i. When another acceptable surety is furnished to the City to replace a prior surety. ii. When the final cost amount minus previous payments becomes less than the surety provided, thus allowing the surety to be reduced to a sum commensurate with the remaining amount of the project. iii. No reduction shall be made which would result in the surety held being less than thirty-five percent (35%) of the original surety until the final costs are known. iv. The Council may, at its discretion, release all or a portion of the surety upon payment of seventy- five percent (75%) of all outstanding assessments (if any) and upon completion of all non -assessable (Continued) improvements described in Paragraph 1 above. B. The City's costs for processing any reduction request shall be billed at $30 per hour plus any professional 43. (Con't.) fees incurred by the City, with a minimum of one (1) hour per reduction, and shall be billed to the Developer and paid to the City within thirty (30) days of billing. Surety Deficiency,_ In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer, agrees that upon being billed by the City, Developer will pay;;;" within thirty (30) days of the mailing of said billing, Che said deficient amount. If there should be an overage.in the amount of utilized security, the City will, upon making;:�aid determination, refund to the Developer any monies wh ch` thid City has in its possession which are in excess of the`'.,actual costs of the project as p � paid by the City. Alles deposited with the City shall be used by the City "8t;;::'the City's discretion to defray the City's costs alid expenses related to the project(s) referred to herein. Draw on Expiring Letter of Cre4it In the etiienti;<o,, `surety or other form of guarantee referred to hereinis'in t'he form of an irrevocable letter of credit, which by it$ terms' may become null and void prior to the time at which all'Aionetary or other obligations of the Developer are paid:: or completed, it is agreed that the Developer shall provide:,,,:the City with a new letter of credit or other surety, accept' l -to the City, at least forty-five (45) days prior to tA, ;expiration of the expiring letter of credit. If a ne;',,letrgar of credit is not received as required above, the Ci y''pay declare a default in the terms of this Agreement and'"' bAh draw in part or in total, at the City's discretion'; 46n the expiring letter of credit to avoid the loss e1, sdidty for the continued obligation. Such irrevocable-'1etter..�'of credit must contain a provision requiring the isgu°er=kof the letter of credit to notify the City within sixty-::ays prior to the expiration of said irrevocable lett;er;;o ,,Credit. The form of said irrevocable letter of _cr.l.. shall be approved by the Attorney prior to its isancei( 7. Park Dedication Fees. Developer agrees to pay park dedication fees to the City faX:Lot'1, Block 2 of 5$ of the fair market value of Lot 1, _2; (land only) such fair market value to be determined by th -Aty Council based upon the value of the "raw" land, zoned.,; :: as commercial land, prior to the construction of any;°improvements. The Council shall determine the valuatfbn of the land using the tax assessor's first reassessme7t',ofsLot 1, Block 2 as commercial land, and shall adjust, .if n:Txce9sary, for the value of any improvements added by the,'beveloyer. Developer or its heirs, successors, or assigns agree- to pay additional park dedication fees to the City ._as" eq_'ired by ordinance for Outlot A at such time as out Lot A'I.-v replatted in whole or in part. 8. Abananjient of Proiect - Costs and Expensem, In the event DVYel'o.per should abandon the proposed development of the • =_�'SBE.�eZt Property, the City's costs and expenses related to _ ttorneyIs fees, professional review, drafting of this `WA rg iement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said _.. Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Platted Properties. In the event that said costs are not paid, the City may assess any such costs against any or all of the Platted Property. 9. Developer To Pay Citv's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all administrative, legal, and professional costs incurred in the creation, administration, enforcement or execution of this Agreement, as well as any costs incurred by the City in furtherance of the Plat or any of its developments. Developer shall not be responsible for attorney's fees directly attributable to the drafting and amendment of the City ordinance relating to mini -storage warehouses. Developer authorizes the City to specially assess these costs if the Developer fails to pay these costs within 30 days of submission of a bill by the City. (Continued) 43. 10. Maintain Public Property Damaged or Cluttered During Construction Developer agrees to assume full financial (Con't.) responsibility for any damage which may occur to blic property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system (including but not limited to watermain), sanitary sewer or storm sewer when idamage occurs the activity whichtakespl ce during the development off Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect.:- result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shaL.ij provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer ha11 have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said puJ5lsc property to the satisfaction of the City Council.,. In`the event that Developer fails to so clean up, repair of maintain said public property, the City may undertake makirq;'.or causing it to be cleaned up, repaired or maintained. WFse't` undertakes such activity, the Developer shall;xeim3juthe City rse the City for all of its expenses within thirty 00') days of its billing to the Developer. If the Developer fails:toFpay said bill within thirty (30) days, the Developer he,ebl+'authorizes the City to specially assess the costs oflA"A bh activity against any or all of the parcels in Said;rRlat*"i` ` 11. Temnorary Easement Rights Developer . evelo er. pr , ovide access to the Subject Property at all reasona4 4?times to the City or its representatives for accomplish any necessarywork _inspection or to purs,ta*k' '-'this agreement. 12. Miscellaneous A. If any portion, sectiosection, sentence, clause, paragraph or phrase is for any reason held invalid, such de�`;ictn hall not taffect the validity of the remaining pYtit;m this Contract. B. The action or inA ctio","';f the City shall not constitute a waiver or amend� to the provisions of this Contract. To be binding, amieAibhents or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City,s failure to promptly take legal action to enforce this Contract shall not act waiver ".;t as a release of any of the provisions of this agreemen'f;:< C. This.'.'s,'donttact shall run with the land and is to be l ainst the title Dec"rd to the property. After the Deve`lop,r ' has completed the work required of th44: Contractit under , of all including the construction ntpz'tsvnents described in paragraph 1 above, the City :•,:wild execute and deliver to the Developer 'Y;eq'ugst a release upon by the Developer. Qx R�'veloper agrees to observe all setback, height, Building, and other applicable restrictions as contained in the Albertville City Ordinances. Building shall setbacks be measured from the edge of the road right-of-way easement. �•. - 3• ::. Yiolation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof, and if such default is not cured within said thirty day (30) period, the City is hereby granted the right and privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. The City is hereby authorized to then specially assess all amounts due under this agreement against the Developer. The City may also bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorneys fees incurred in enforcing this agreement. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits on any or all Platted Properties. (Continued) 43. (COn't.) 14. Phased Development If the plat is a phase of a multi -phased preliminary plat, the citymay refuse to a ove final plats of subsequent phases until improvements spec if ed in Paragraph 1 have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City,s Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinaprc�` in effect at the time such future Development phases- ae.a ' approved by the City. 15. Indemnity Developer shall hold the City and its officers and employees harmless from claims made by Developer 6_�d third parties for damages sustained or costs incurred resultIing3Prom plat approval and development. The Developer shall iridtemnify the City and its officers and employees for a12:osts, damages or expenses which the City may pay or incur inppnsequence of such claims, including attorneys fees. Thi&:`,"' rties shall have no recourse against the City under thi;•`'aaritract. 16. Developer Personall��ouT� *y Contract Developer shall be personally liable for the fulfillment of all obligations under this Contract. However, Developer may tra,fer all or part of its ownership interest in Outlot and=;h11 duties and obligations contained in this agreemelwkj;with respect to said transferred portion of Outlot A shall ts'': responsibility of the new owner(s) of the portion or poftons of Outlot A so transferred. 17. Attorney's Feea The Develppe`., wf'll pay all reasonable attorneys fees incurred by the CiG ,and as fixed by the Court in the event a suit or actin, b ought to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys fees incurredVY the:;;]d ty in the event an action is brought upon a bond or`,l4tter' of credit furnished by the Developer as provided het':tTrii 18, otif catio nform`',cn_,'; Any notices to the parties herein shall be in writing, :&li:ered by hand (to the Clerk for the City) or registered <'iail (addressed as follows) to the followin . 4-4 "' g p I e9j CITY OF ALBERTVILLE: City of Albertville c/o City Clerk ".,"P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 DEVELOPER: ;x. Donald and Betty Barthel P.O. Box 166 Albertville, MN 55301 EXHIBIT A That part of the Northwest Quarter of Section 1, Township 120, Range 24, described as follows: Beginning at the Northwest corner of said Section 1; thence East along the North line of said Section 1, a distance of 1235 feet to the Southerly right- of-way line of the Burlington Northern Railroad; thence deflecting to the right 280 581, along said Southerly right-of-way, a distance of 74.3 feet; thence deflecting to the right 620 061, a distance of 718.03 feet; thence deflecting to the right, to a point on the West line of said Section 1, 754 feet South of the Northwest corner of said Section 1; thence North to the point of beginning. Except that part of said Northwest Quarter lying Northwesterly of the centerline on County Road 19. 44. Mortgage Dated Dec. 2, 1992 Rec. Dec. 7, 1992 at 2:36 PM Document No. 517468 Donald G. Barthel and Betty L. Consideration orig. prin. amount Wit. 2 Barthel, as husband and wife Signed properly Ack. Dec. 2, 1992 to Mtg.: That part of the NWk of Sec. 1-120-24 .desc. Security Bank Northwest as fols.: Beg. at the NW cor. of said thence E. along the N. line of said Sec. distance of 1235 ft. to the S-ly right of way line of the Burlington Northe*'n,,R,:R.; thence deflecting to the right 28°58', along said S-ly right-of-way, a di.' tance of 74.3 ft.; thence deflecting to the right 62°06', a distance of 718.03 ft:,.,.thence deflecting to the right, to a point on the W. line of said Sec. 1, 754 ft 5' of the NW cor. of said Sec. l; thence N. to the point of beg. Except that pa-rt of said NWj lying NW-ly of the center line of County Road 19. To secure $72,00G°'00 note of even date, due June 5, 1993 at rate of 9.000%. Contains power of sale.,-;l't ;ees. consent to transfer required. Payment Rider attached. Reg. Tax $165.00 paid. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -;: - - - - - - - - 45. Easment Dated Dec. 21, 1992 Red. Falb'. 22, 1993 at 4:19 PM Document No. 5218U' City of Albertville, a Minnesota Consideration for,-''val*I`'ons. Wit. 2 Municipal Corporation Signed properly-b'=,.Li�'Aa Houghton, _ and Michael Potter, _ Ack. Feb. 22,i 1,992 to • Donald G. Barthel and Betty L. Barthel,'x''` husband and wife Quit Claim: A 120.00 foot Temporary Const!rieio'n Easement, to expire on December. 31, 1992, and a 60.00 foot Perpetual Eagwm't for Utility Purposes, said easements lying over and in the following desc'iriSed tract: that part of the Northwest Quarter of Section 1, Township 120 North, Range 24 West, ;`described as follows: beginning at the northwest corner of said' -'Section 1; thence east along the north line of said Section 1, 'e a dii'ncie of 1235.00 feet to the southerly right-of-way line or the.:_eurT'.g.ton Northern Railroad; thence deflecting to the right 28°,$', QO«''along said southerly right-of-way, a distance of 74.30 feet;;theryCe deflecting to the right 62°, 061, 00" a distance of 718.0.`> fees; -'thence deflec::ing to the right, to a point on the west 1£'ne of_=;said Section 7, 754.00 feet south of the northwest corns b ,sai?d Section 1; thence north to the point c.f beginning; except `t"-t t-� art of said Northwest Quarter lying northwesterly of the:";i tnt'i�':r�Sine of County Road 19. Said Tasorizya'"fconstruction Easement lying 60 feet on either side, and said Perpe♦ua193:eement for Utility Purposes lying 30 feet on either side, of the follcii tag: de4cribed centerline: ".:onrts`encing at the northwest corner of the Northwest Quarter of said .:`Section 1; thence South 0°, 211, 09" West, assumed bearing, along the s'1'6t line of said Northwest Quarter, a distance of 754.00 feet; thence North 890, 251, 09" East along the south line of above said } tract, a distance of 913.62 feet to the actual point of beginning of the center line to be described; thence North 20, 34', 481, We.t a distance of 300.00 feet; thence North 00, 331, 47" West, a distance of 280.00 feet to the north line of said Northwest Quarter and there terminating, said point being on the centerline of Lachman Avenue Northeast, platted in Sunrise Commercial Park according to the plat thereof of file and of record in the office of the County Recorder, Wright County, Minnesota, the side lines of said easements to be shortened or lengthened to meet at angle points and to terminate on the north and south line of the above described tract; And Also a 60.00 foot Perpetual Easement for Utility Purposes described as follows: the south 60.00 feet of the north 273.00 feet of the east 605.00 feet of the west 860.00 feet of the Northwest Quarter of Section 1, Township 120 North, Range 24 West, Wright County, Minnesota. And also a 120.00 foot Temporary Construction Easement, to expireDecember 31, 1992, described as follows: the south 120.00 feet of the north 303.00 feet of the east 635.00 feet and west 860.00 feet of the Northwest Quarter of Section 1, Township 120 North, Range 24 West, Wright County, Minnesota; except the north 30.00 feet of the south 120.00 feet of the north 303.00 feet of the west 245.0) feat of the east 635.00 feet of the west 860.00 feet of said Northwest Quarter of Section 1, Township 120 North, Range 24 West, Wright County, Minnesota. Together with all hereditaments and appurtenances belonging thereto. State Deed Tax - - - 46. Easment Donald G. Barthel and Betty L. Barthel, husband and wife to Dated Dec. 11, 1992 Rec. Feb. 18, 1993 at 4:18 PM Document No. 521719 Consideration for val. cons. Wit. 2 Signed properly Ack. Dec. 11, 1992 City of Albertville, a Minnesota Municipal Corporation Quit Claim: EXHIBIT A Description for temporary construction and permanent sewer easements Donald and Betty Barthel A 120.00-foot Temporary Construction Easement and a 60'00-foot Perpetual 2asement for Utility Purposes over the fol;lowin' tract: That part of the Northwest Quarter of Section 1, 4w`nship 120, Range 24, described as follows: Beginning"""t ,the northwest corner of said Section 1; thence east along kieinorth line of laid Section 1, a distance of 1235 feet i1b,;?-the southerly right-of-way line of the Burlington Nort 41Trn i%ilroad; thence deflecting to the right 28 degrees ,#r,.:ndikis, along said southerly right -of way, a distance,;;;.61"�'14.3 feet; thence deflecting to the right 62 degrees :OW m ihutes, a distance of 718.03 feet; thence deflecting to t4i* rig�i, to a point on the west line of said Section 1, 754,:_fBe :,,south of they northwest corner of said Section 1; thence orth to the point of beginning; except that part of shl-i Northwest Quarter lying northwesterly of the center line``'f.""bounty Road 19, all of the above lying in the County of:FzigtA, State of Minnesota. The centerline of said easementsW j;06'ibed as follows: Commencing at the northwest corner of the NortE,!sst Quarter of said 54ction 1; thence S 00 21' 09" 11, assumed �bearirig, along the west line of said Northwest Quarter, a distance,`ol� 1,754.00 feet; thence N 890 251 09" E along the south line of said."t'ct, a distance of 913.62 feet to the actual point of beginning -of the centerline to he described; thence N 20 34' 48" W, a distance of 176.52 feet; thence N 7c 48' 47" W, a distance of 3Q.b.00 feet; thence F CO 331 47" W, a distance of 280.00 feet to the;''nor.;th line of said Northwest Quarter and there terminating, said C4.nt being on the centerline of Lachman Avenue Northeast, patted ,"in Sunrise Commercial Park according to the plat thereof qft""f,i1V:=and of record in the office of the County Recorder, WrightM"�'Pot� ty, Minnesota. The side lines+'0f i�&.P8 easements to be shortened or lengthened to meat at angle.,„•po mtW"and to terminate on the north and south line of said tract.;: Said Temporr^Vonstruction Easement to expire December 31, 1992. Also a l 0'` TOO -,Foot Temporary Construction Easement and a 60. 00-foot Perpetual.°`Eas'ement for Utility Purposes described as follows: 60-fd' t Perpetual Easement: Then, s'�*ithl 60.00 feet of the north 273.00 feet of the east 605.00 P.e'a Wqf he west 860.00 feat of the Northwest Quarter of Section 1, Towp itip 120, Range 24, Wright County, Minnesota. ,.;,.,0.400-toot Temporary Easement: 'h ''south 120.00 feet of the north 303.00 feet of the east 635.00 fott and west 860.00 feet of the Northwest Quarter of Secticn 1, Township 120, Range 24, Wright County, Minnesota, except the north "30.00 feet of the south 120.00 feet of the north 303.00 feet of the west 245.00 feet of the east 635.00 feet of•the west 860.U0 feet of raid Northwest Quarter of Section 1, Township 120, Range 24. Said Temporary Construction Easement to expire December 31, 1992. Together with all hereditaments and appurtenances belonging thereto. State Deed Tax - - - 47. PLAT Dated - - Rec. Aug. 25, 1993 at 4:12 PM Cabinet No. 786 Doc. No. 534141 BARTHEL COMMERCIAL PARK KNOW ALL MEN BY THESE PRESENTS: That Donald G. Barthel and Betty L. Barthel, ttus11 bard and wife, fee owners and that Security Bank Northwest, a Minnesota corporatian, mortgagee of the following described property situated in the County of Wright, Mate of Minnesota, to wit: That part of the Northwest Quarter of Section 1, Township 120, Range 24.,, Wright County, Minnesota described as follows: Beginning at the northwest catrer of said Northwest Quarter; thence east along the north line of said Northwes_f=:garter, a distance of 1224.10 feet to a line distant 200.00 feet southwest of -,`me' sured at a right angle to and parallel with the center line of the Burlingto# Northern Railroad; thence southeast deflecting 28 degrees 58 minutes right along sai,,pa�allel line, a distance of 74.30 feet; thence south deflecting 62 degrees 06 minu'right, a distance of 718.03 feet; thence west to a point on the west li.of said Northwest Quarter distant 754.00 feet south of said northwest corner of tte,"lorthwest Quarter; thence north along said west.. -line -.-to the point_of:beginningpa_ kept. that part of said Northwest Quarter lying northwesterly of the centerline 9f ig-t County Highway Highway No. 19. Have caused the same to be surveyed and platted""""' •..,4B4RTHEL COMMERCIAL PARK and do hereby donate and dedicate to the public forpublic:+ ,x.... F`F'bfever the thoroughfares and easements, as shown on this plat, for drainage and utilitA purposes. Signed on Mar. 30, 1993 by Donald G. Barth-611 and'by Betty L. Barthel. Ack. 3/30/93 Signed on March 30, 1993 by President and e President of Security Bank Northwest Ack. 3/30/93 Surveyor's Certificate: I hereby certify that I have surveyed and platted the property described on this plat as BARTHEL COMMERCIAL PARK, that this plat is a correct representation of the survey, that a11--distances are correctly shown on the plat in feet and hundredths of a foot,,t "4t -4I1 monuments have been correctly placed in the ground as shown, that the out,s3`debgundary lines are correctly designated on the plat and that there are no wet la do,ap.defined in MS 505.02, Subdivision 1, or public highways to be designd edT".bther than as shown. Signed by Dennis V. Taylor, Land Surveyor, Minnesota Liceae: Na -15233. Ack. Mar. 1, 1993. This plat of BARTHEL C:ONMRC AL PARK was approved the The Planning Commission of the IV.City of Albertville,.;fhe�ota at a meeting held this May 12, 1992. Signed by Chairman. This plat of BARTHEL,.CQRMERCIAL PARK was approved and accepted by the City Council of the City of Albertv�I"le,:, innesota at a meeting held this August 17, 1992 and pursuant to Minnesota Stautas Section 505.03, Subdivision 2, we are in conformance. Signed by Mayor and by4;Clerk.w Examined and redommended for approval this April 23, 1993. Signed by Wright County Surveyor:. This plat recommended for approval this April 23, 1993. Signed by Wright County Highway Engineer. Taxes paid for all years through year 1992 and transfer entered this August 17, 1993. Signed by Wright County Auditor. I hereby certify that taxes payable in the year 1993 on lands herein described are paid this. -August 17, 1993. Signed by Wright County Treasurer. 48. Satisfaction of Mortgage - Dated July 25, 1996 and rec. Aug. 1, 1996 at 12:18 PM as Doc. No. 599542. Mtg. dated Dec. 2, 1992 and rec. Dec. 7, 1992 as Doc. No. 517468 is fully paid and satisfied. Signed Highland Bank, f/k/a Security Bank Northwest. 49. Certificate of Merger, Approval and Consent - Dated Sept. 29, 1995 and rec. Oct. 30, 1995 at 12:56 PM as Document No. 581992. The Highland (Charter 1659) is merged into Security Bank Northwest (Charter 1648) effective Oct. 1, 1995, under the Certificate of Incorporation and the authorization of Security Bank Northwest the: name of the merged bank shall be "Highland Bank." --- 50. Mortgage Dated Jan. 12, 1994 Rec. Jan. 19, 1994 at 1:34 PM Doc. No. 544042 Donald G. Barthel and Betty L. Consideration - original principal -,',..amount Barthel, husband and wife Signed properly Ack. Jan. 12, 1994 to Security Bank Northwest Mtg.: Out Lot A, Barthel Commercial Park, to secure $60,0Q0.0,<-"note of even date. Contains power of sale. Mortgagee's consent to transfer;'rs ui,=dtt Mtg. reg. tax $138,1.: "5 d. 51. Satisfaction of Mortgage - Dated July 25, 1996:4nd sec. Aug. i, 1996 at 12:18 PM as Doc. No. 599540. Mtg. dated Jan. 12, 1994 and-.--` dan. 19, 1994 as Doc. No. 544042 is fully paid and satisfied. Signed High.4nd,.,Bank, f/k/a Security Bank Northwest. _....,. 52. Mortgage Dated 04-.' 1, 1994 Rec. Nov. 4, 1994 at 2:37 PM Doc. No.'.551341 Donald G. Barthel and Betty L. Consideration - original principal amount Barthel, husband and wife S.4gned properly Ack, Oct. 31, 1994 to Security Bank Northwest Mtg.: Lot 1, Block 2, Bart,he;Xo nercial Park, said property being located in the City of Albertville, AND Out ot;A, Barthel Commercial Park, said property being located in the City of A `,f le, to secure $96,500.00, note of even date. Contains power of sale. Mortgag:d ' -consent to transfer required. qx Mtg. reg. tax $221.95 paid. 53. Satisfaction'pfzgktgage - Dated July 25, 1996 and rec. Aug. 1, 1996 at 12:18 PM as Doc. No. 59995:3,tg. dated Oct. 31, 1994 and rec. Nov. 4, 1994 as Doc. No. 561341 is fully paid and::se-ii- sfied. Signed Highland Bank, f/k/a Security Bank Northwest. 54. Mortgage Dated July 15, 1996 Rec. July 19, 1996 at 2:52 PM Doc. No. 598669 Donald G B.a:fthel and Betty L. Consideration - original principal amount Barthel, husband and wife Signed ro er1 to State Bank of Rogers p p Y Ack. July 15, 1996 Mtg.: Outlot A, Barthel Commercial Park, said property being located in the City of Albertville, to secure $54,999.39, note of even date. Contains power of sale. Mortgagee's consent to transfer required. Mtg. reg. tax $126.50 pd. 55. Easement Donald G. Barthel and Betty L. Barthel to Kenco Construction, Inc, a Minnesota corporation Dated Dec. 3, 1996 Rec. Jan. 3, 1997 at 2:20 PM Doc. No. 609799 Consideration — $1 & other good & val. consid. Signed properly Ack. Dec. 3, 1996 KNOW ALL MEN BY THESE PRESENTS, Donald G. Barthel and Betty L. Barthel (hereinafter called "Grantors"), in consideration of the sum of One Dollar (51.00) and other good and valuable consideration to Grantors in hand paid by Kenco Construction, Inc., a Minnesota corporation (hereinafter called "Kenco"), does hereby grant unto Kenco, its successors and assigns, the perpetual right, privilege and easement to construct, install=; operate, maintain, use, rebuild or remove (i) sanitary sewers, water mains and Imes (collectively the "Utilities"), and with stub lines as may be attached thereto and for the operation, maintenance and use of said utilities through, over, under, upon and across tIie, following described property situated in the County of Wright, State of Minnesota,"Au It: See Exhibit A attached hereto and made a part hereof,;:,,y, This rights granted herein may be exercised at any time subsegW to ft execution of this document. 'fhc grant of easement herein contained shall also includeCite riji of Kenco to have reasonable access to said easement parcel for installation and, da ht. ,nance purposes across the properly of Grantor adjacent thereto, ::aid access to be designated b�,,t4untor within a reasonable time upon request by Kenco. Kenco shall repaFt-,a' pr-Ifeplace any structures or personal property damaged during maintenance or rcpa;i 0-asement. The grant of easement herein contained shaW;:inr " thc'right to enter upon the property of Grantor to survey for and locate said trans ii46n lines and shall also include the right to remove from said strip of land any strudl'#res, tre s (including the roots of trees interfering with said utilities) or objects which in th opinion of Kenco will interfere with the installation. use and maintenance of said utilities. Grantor reserves the right to use and occupy said strip of land, except that, without the prior written approval of Kenco. Grahtdr shall not erect any structures, or other objects. permanent or temporary, other than thc,stallation of a cement or black top driveway, or plant any trees thereon without prur wrilwil consent of Kenco. Grantor further agrees that they will not perf*orm any act ►ftb witl= nterfere with or endanger said utilities. Grantor covenants vjih;Xcck its successors and assigns, that Grantor is the owner of the above described premise"S ,aSndMtas the right to sell and convey an easement in the manner and form aforesaid. The rights hrre'i :gr'i .hted are subject to existing rights -of -way for highways, roads, or other utility easetttts'h�refofore granted across any part of the lands affected by this instrument. It is mowli understood and agreed that this Instrument covers all the agreements and stipulation'#>ake the parties and that no representation or statements, verbal or written, have been:c`inodifying, adding to or changing the terms hereof. IN WITNESS WHEREOF, We have hereto set our hands and seal this \— day of 1996. (continued) 55. (continued) BYZO R4 "IE SNOINEEA64ANO SUI PIVIEFYOP$ 1191 Hwy. 26 NII 8000i.4,firr, #6010:nwm.'R� W—*;O."m Ph vi 781 1�.WM,17 r 17, 1996 lr_�Oflm-r /Plq A 4QAQ-Foot Permanent Sanitary Sewer Eaoera pjo t,6ver 'part of Outlot A, Barthel Commercial Park, according . plat thereof on fj..Je and of record in the office of the Co136by �pgbrder, Wright County, Minnesota, the centerline of said q,444 ''described d as follows; , at the northwest corner .Su:th Commeric,ing ner a--.(4 Outlot A; thenve o 00 331 4711 East, plat bearing, along t."'k .'�Westt line of said Outlot A, a distance of 380,00 feet; Qje n c e r t h. 5911 261 13" Fast, a distance of 1.0.00 feet to the of a Utility and Drainage Easeme,-It, according "o the cazc t and the actual,, point of beginning of the centerline to bedocribed; thence continue North 890 261 1.311 East, a distance of i. .00 feet; thence North 870 281 1.011 Last to a point on, the cent"erline of a 60,00-foot Utility and terminating thereat. Easement per, Document A 40.00-foot tary Sewer. Easement over part of I,ot I., Block 2, Barth,l Ckjrqme? I Park, according to the p')-at thereof an file and of reca, An,;..the. office of the County Recorder, Wright County, Minnesota ',thy centerline of said easement described as follows: comm�w� the northeast corner of said Lot I, Block 2; East, plat bearing, along the east. line of said J'at 2, a distance of 320.00 feet; thence South 89" 26' 1.311 W;",-t/�a�"-':distance of 10.00 feet to the west line of a Utility k,eauement , a(.�,cording to the' said plat and the actual r`61,pf ot- beginning of. the centeriine to oe described, thence South 2.61 1, W(,,)13est to a point n the west line of said L,ot 1, : o c z and -t- e Y m i ri a, r. 1 n g thereat. e`9 6 18 2 rfio(e P Meyer, Profes5fonal Engineer Robert Rahlin, Licensed Land Surveyor (continued) 55. (continued and concluded) Woo) C3Nffi IIrmR"W:w 0 0 0 g' v -0 :r W H, 0 rt W , 00 W !oft r? 0 0 ., , 0 0 rr 3 R '0' rT rr (D r, -0 9.0m to n ""q -, :, I, - - rt 0 � - ON 0 a rf � '� rt 0 0 10 C't 0 9" 0 0 m pj O rr 0 r, 0 W, iJ 0 mo, w 0 01 '0 '.'0 n 2, 0 0. 0 " w 11. r' (D 0 0 zy 0 IQ DI Q (D M WPl w n j g'�I CL 0:.' w P, - 0 P. tj 'A U1 3 ti a ? -j M) pi N rD " ,(, '0 2 11 I" w '2, t:l 70'fLT z 0P. A 1"0 rt 0 ty r�r w 0101, MI, (OD 2"p T, Wt .1. M-W 0 ID w pi z "0' 11 0 (b 0 rt 4`- -7 " t(D rt 00 .4 FL'� WV) :x nm ") ,)-o 0 no 0 0 o 5 FI PI r; C, I r, O, fl 0 LO 0 rr 0 1< '< � 11 M W n ;r .. - (D 56. Warranty Deed Donald G. Barthel and Betty L. Barthel, husband and wife to City of Albertville Dated Aug. 28, 1997 Rec. Doc. No. 633734 Consideration - valuable Signed properly Ack. Aug. 28, 1997 Dec. 31, 1997 at 4:15 PM consideration Convey: The N. 40 feet of Outlot A, Barthel Commercial Park, hereditaments and appurtenances belonging thereto, subject to exceptions: -- State deed tax $59.40 pd. INFORMATION 57. PLAT Dated - - Rec. Junep-�25, `:1Y98 at 4:13 PM Cabinet No. 1029,1;Dd'um4ftt No. 648563 BARTHEL COMMERCIAL PARK SECOND ADDITION KNOW ALL MEN BY THESE PRESENTS: That Donald G. Barthe3'411d 't`etty L. Barthel, husband and wife, fee owners of the following described pro rt�",rsituated in the County of Wright, State of Minnesota, to wit: Outlot A of Barthel Commerical Park, according t,:atecorded plat thereof, except that part described as follows: The North 40.00 said Outlot A. Have caused the same to be surveyed and platted a*'BARTHEL COMMERCIAL PARK SECOND ADDITION and do hereby donte and dedicate to> he; -Public for public use forever the thoroughfares and easements as shown on this-;"p-at for drainage and utility purposes only. Dated June 17, 1998. Signed by Donal-d;_G <Barthel and Betty L. Barthel. Ack. June 17, 1998. I hereby certify that I have surveT�d=and platted the property described on this plat as BARTHEL COMMERCIAL PARK SEG.OND QJJTTION, that this plat is a correct representation of the survey, that all distan Qs :are correctly shown on the plat in feet and hundredths of a foot, that all monument h`-''-e?-been correctly placed in the ground as shown, that the outside boundary line;.,a correctly designated on the plat and that there are no wet lands, as defined in`1;;'S0:02, Subd. 1, or public highways to be designated other than as shown. Signed by Dennis V. T ldt,-1and Surveyor, Minnesota License No. 15233. Ack. June 17, 1998. This plat of BARTHEI~::COMMERICAL PARK SECOND ADDITION was approved by the Planning Commission of th'Cty'`of Albertville, Minnesota at a meeting held this loth day of February, 1998. ghed by Chairman. This plat of B'Tt1EL COMMERCIAL PARK SECOND ADDITION was approved and accepted by the City Council of the City of Albertville, Minnesota at a meeting held this 17th day of February,_,199w$ ' Signed by Mayor and City Administrator. Examined and -'recommended for approval this 25th day of June, 1998. Signed by Wright County Surveyor. Taxes paid for all years through year 1997 and transfer entered this 25th day of June, 1998. Signed by Wright County Auditor. I hereby certify that taxes payable in the year 1998 on lands herein described are paid this 25th day of June, 1998. Signed by Wright County Treasurer. 58. City of Albertville Developer's Agreement BARTHEL COMMERCIAL PARK SECOND ADDITION Dated May 19, 1998 Rec. June 25, 1998 at 4:13 PM Doc. No. 648564 THIS AGREEMENT, entered into this / 9 "` day of 1998 by and between the STMA Ice Arena Joint Powers Board ("Developer"� t powers board established by the City of Albertville, the City of St. Michael andifie Independent School District No. 985, and the CITY OF ALBERTVII.LE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer intends to develop a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development by Developer, and which subdivision, which is the subject of this agreement, is intended to bear the name "Barthel Commercial Park Second Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, Developer intends to construct, manage and operate an ice arena oniv Said Plat; and WHEREAS, the City has given preliminary approval of Developer's ,p'lht o 13`, el Commercial Park Second Addition contingent upon compliance with certaui twity requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvemen3-itte d6g, but not limited to, grading, sanitary sewer, water, storm sewer and streets,(h aRee1'6Municipal Improvements") be installed to serve the Subject Property and oth t .... es affected by the development of Developer's land, to be installed and financed E y p "veloper. WHEREAS, the City further requires that certain on ar:d of site improvements be installed by the Developer within the Subject Property, whicitimrovements consist of boulevards, top soil and sod, grading control per lot bituminous or concrete driveways, parking lot, drainage swrlm street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entert4into:fot'the purpose of setting forth and memorializing for the parties and subsequent 6 er%;'the understandings and agreements of the parties concerning the development of the S'i ct Property; 1 NOW, THEREF0E,=14T IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration .Of ech party's promises and considerations herein set forth, as follows: 1. Construction;of On= amd Off Site Improvements. A >evelopeJshall construct all on- and off -site improvements shown on the Site Plan attached as Exhibit B, including installation of boulevards, yard top soil, socUoir seed in all areas not built upon or paved, trees, bituminous or concrete driveways, bituminous parking lot with 84 parking spaces, curbing around 'parking lot, solid fencing six feet in height around refuse containers if refuse containers are to be located outside, drainage swales, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Said on. and off -site improvements shall be installed no later than July 31, 1999, with the exception of erosion control and drainage swales, which shall be installed upon initial grading of Subject Property. B. Developer acknowledges that Donald Barthel and batty Barthel, pursuant to a separate developer's agreement, will be constructing Lachman Avenue abutting Said Plat and 60'" Street from the existing pavement east to Lachman Avenue. Developer agrees that it may construct an ice arena building upon the Said Plat, but no occupancy permit will be issued until at least one "lift' of bituminous pavement has been placed upon said areas of Lachman Avenue and 60d' Street. (continued on next page) C. Developer acknowledges that Donald Barthel and Betty Barthel, pursuant to a separate developer's agreement, will be constructing a storm water detention holding pond immediately to the south of Said Plat on Outlot A of Barthel Commercial Park. Developer agrees that it may construct an ice arena building upon the Said Plat, but no occupancy permit will be issued until said:::,. , detention pond is completed and the storm water from Said Plat is directed into said pond. 2. Intended Use of Subdivision Lots. It is the Developer's and City's intent that ar{':'.indoor ice arena be constructed on Said Plat. 3. Abandonment of Project - Costs and Expenses. In the event Developer-, ih` ,. abandon the proposed development o the Subject Property, the City's cots and =` 2 expenses related to attorn 's f ey as professional review, of'this Agreement, Preparation of the feasibility report, plans and specific0l'ons, aril°any other expenses undertaken in reliance upon Developer's various asserfia� shall be paid by said Developer within thirty (30) days after receipt of a.;bhl fdr.:such costs from the City. In addition, in the event the Developer abandons theinej t, ltt whole or in substantial field work for more than nine 9 -. P ceases () rr Oft" fags to provide sufficient ground - cover to prevent continuing soil erosion frow h l r fails to leave the abandoned Property in a condition which can be mower g 0onventional lawn mowing equipment, Developer agrees to pay all costs thCfry may Incur in taking whatever action is reasonably necessary to provide round 'cover and otherwise restore Said Plat to the point where undeveloped grounds a<ir " evel and covered with permanent vegetation sufficient to prevent continuing sail erosion from Said Plat and to facilitate mowing of Said Plat. In the event that saiicosts are not paid, the City may withdraw funds from the above-mention�i surety for the purpose of paying the costs referred to in this paragraph, 4. Developer to Pa Cit 's=Castsr3d Ex enses. It is understood and agreed that the Developer will reim use tht>� tfy or all reasonable administrative, legal, planning, engineering and other.,profest nal costs incurred in the creation, administration, enforcement or exeoutitriti` crhis Agreement and the approval of Said Plat, as well as all reasonable enginee'nng lenses incurred by the City in designing,a rovin installing, and inspecting,ssiai;:lrriprovements described above. Developr arees W pay all such costs within Sys 6f billing by the City. If Developer fails to pay said amounts, Developer a.s flow the City to reimburse itself from said surety and/or assess the amount o,*4-.jgairtst any or all of the Said Plat without objrc:ion. Developer has the right to,regiest.time sheets or work records to verify said billing prior to payment. S. E 6' SO d Siltation Control. Before any grading is started on any site, all erosion treasures as shown on the approved grading/erosion control plan shall be strictly :.d with as set forth in the attached Exhibit C. Developer shall also install all control measures deemed necessary by the City Engineer should the erosion plan prove inadequate in any respect. Maintain Public Pro ert Dama ed or Cluttered Durin Construction. Developer agrees to assume full financial responsibi1.lity for any damage which may occur to public Property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring 3 (continued on next page) as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenset . within thirty (30) days of its billing to the Developer. If the Developer fails to pay,said bill within thirty (30) days, funds sufficient to pay the bill may be withdrawn by thCity from the surety described above and/or assessed against any or all of Said Plat. 7. Temporary Easement Rights. Developer shall provide access to the Su &,a Property at all reasonable times to the City or its representatives for purposes of >Aspection or to accomplish any necessary work pursuant to this agreement 9. Miscellaneous. A. Developer agrees that all construction items required undert this agreement are items for which Developer is responsible for core► letirl' and all work shall be done at Developer's expense. -C B. If any portion, section, subsection, sentence clase.paragraph or phrase of this Contract is for any reason held invalid;"such O cision shall not affect the validity of the remaining portion of this,eotret. a C. No one may occupy a building for w#uk �° building permit is issued on either a tem o p rary or permanent basis, the:�sfreets needed for access have class five gravel and concrete curbirCf$'tled, unless a specific exception is approved by the City. D. The action or inaction of tlatyahall not constitute a waiver or amendment to the provisions of this Contract; To be binding, amendments or waivers shall be in writing, signed by;the parties and approved by written resolution of the City Council. The City" failure to promptly take legal action to enforce this Contract shall=.not be a waiver or release. E. This Contrz;,, shall'rn with the land and shall be recorded against the title to the vrocerty:":.:..: ...- F. municipal water concems will be handled by the Joint Powers Water hoard No connections to the water system will be permitted until the Board has given final approval. a The Developer represents to the City that the Plat complies with all City, county, state and federal laws and regulations including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. H. Prior to the execution of this agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. 9. Dedications to the City A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, shall dedicate all roads, road right of ways, sewers and water mains to the City. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. (continued on next page) B. In recognition of both the recreational and educational value of the proposed ice arena to be constructed on the site, and the anticipated use of this site by a significant portion of the general public, the City hereby waives the park dedication requirement for Said Plat 10. Phased Develo ment. if the plat is a phase of a multi -phased preliminary plat, the City may re a to approve final plats of subsequent phases until public improvements f6fall prior phases have been satisfactorily completed. Development of subsequent phasz, may not proceed until Development Contracts for such phases are approved bmt e (Nty. Approval of this phase of the Development shall not be construed as approval ot'future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be goi Plan, Zoning ordinance, Subdivision ordinance, and time such future Development phases are approved' 11. Indemni . Developer shall hold the City and claims made by Developer and third parties fox resulting from Said Plat approval and de:c;cpn City and its officers and employees for ,tU cost; May PAY or incur in consequence of such cWtu shall have no recourse against the City under, ib 's Comprehensive in effect at the F0 icsrs 1attd employees harmless from UNW. sustained or costs incurred Ut. The Developer shall indemnify the Cages or expenses which the City including awmey's fees. Third parties contract 12. Assignment of Contract. The oblw.igations of the Developer under this Contract cannot be assign without itthou the ex P� *tten:coruent of the City Council through Council resolution. 13. Professional Fees. The the City as a result of Ci include attorneys fees;e incurred by the City, in a Developer will alsd `phi-, City in the events acti the Developer xs:.nraa;1 14. (continued on next page) eve *Pe_r' will pay all reasonable professional fees incurred by tfi'o"006 enforce the terms of this Agreement. Said fees Mews fees, planner's fees, and any other professional fees mng to enforce the terms of this Agreement. The ffiasonable attorney's and professional fees incurred by the is brought upon a letter of credit or other surety furnished by herein. ion. Any notices to the parties herein shall be in writing, 7e City Clerk for the City) or registered mail addressed as follows STMA Ice Arena Joint Powers Board Go City of Albertville P.O. Box 9 Albertville. MN 55301 STMA Ice Arena Joint Powers Board Go City of St. Michael P.O. Box 337 St. Michael, MN 55376 STMA Ice Areas Joint Powers Board Go Independent School Dist. No. 995 11343 5& St. N.E. Albertville, MN 55301 15. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 171 ,_—The foregoient was acknowledged before me this day of 98, by Mark Olson, as Mayor of the City of Albertville, a RZ esota munictW corporatIgN on behalf of the city and pursuant to the authority of the City CounciL.,-,,.- N6&u� ROY ,l 3C 4FAEH � W A� PUW .:. M. \N •.J 1� MEhhEPIM CJvNT r STATE: OF MiNNESOTA) "'°' �'�'•• �^ �+ +' r v� w.%%"%% ww - ) ss. COUNTY OF WRIGHT ) .---The foregoing instrument was acknowledged before me this / day of Vw r , 1998, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Public �AIl1 f EDEAEA NOTARY/U W"Off COLWY i{DTA WY ComwINIM ECM ift It, no (continued on next page) STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) e foregoing instrument w cknowl g before me this �q.A-1— day of _, 1998. b �j(as Chairperson of the STMA Ice Arena i owers Board. 8 MDT ray Le wo...:". Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) e foregoing instrument 1998, by STMA lc na Joint Powers Bi N uKAr 1 LU 15Y: Radzwill & Couri Law Off'ict P.O. Box 369 705 Central Avenue Easy' St. Michael, MN 5537&; , (612)197-1930 -. fo MDT KwX . T1� Mi�OtA ...,..r. � D°wplow MmIo E# ir► Kam IT A TO DEVELOPER'S AGREEMENT 'rbe Real. Prcrrty.--'subject to the Developer's Agreement is legally described as follows (prior to; gl_ ttin)' m v The Real Property subject to the Developer's Agreement is legally described as follows -,,:(Rafter the filing of the Barthel Commercial Park Second Addition Plat): Lots 1, Block 1 All said lots in Barthel Commercial Park Second Addition, City of Albertville, County of Wright, Minnesota. EXHIBIT B Site Plan EXHIBIT C Grading and Drainage/Erosion Control Plan 59. Drainage Easement Agreement Donald G. Barthel and Betty L. Barthel, husband and wife; (hereinafter jointly the "Grantors") Dated June 29, 1998 Document No. 649622 Signed properly by Signed - Grantee by Rec. July 7, 1998 at 4:00 PM Grantors President Ack. June 29, 1998 as to Grantors Sub. and sworn to (no date) as to and Security State Bank of Maple Lake, a Minnesota Corporation (hereinafter the "Grantee") WHEREAS, . Grantors own certain real property located to Wr t,C:ourtty, Minnetsata legally described as I.ot 1, Block 1, and Oullot A, Barthel Commercial 4F (hereinafter"Parcel I"); and WHEREAS, RE AS, C rantee owns certain real property adjaiii's P, eI I located in Wright County, Minnesota legally described as Lot 1, Block 2. and the Wet 3() feet of"Lot 2, Block 2, Sunrise C:ommercial Park (hers irtaft+r "Parcel 2-); and WI•IER AS, Grantors and Grantee desire. A easement for drainage purposes for the ivnefit of Parcel 2 over and across; a portions (afeYI ; 'eOW 7'IIE RI;FORE , for good and rahAlc �ornsid:eration, the receipt anal sufficiency of which are hereby acknowledged, and in Jher c ctEt.sidcration of the covenants set forth herein. the; parties hereby agree as follows: 1. (_irantors hereby co>nvvy and gr091"to (_irant.e?e a perpetual easement for the purp3sosof' maintaining and repairing a drainage swale through, over and upon a portion of Parcel l legally The North 15 feet of the; East 400 feet of lAt 1, Block 1, Barthel UommerciaX I'aik according to the plat thereofon file and of'record i.n the Office of'the ( vntyR eorder. Wright County, Minnesota (hereinafter l asement Parcel•.) .... 2. (rantc:rrs fro tayrtvt y and grsartt tc3 (irantcc a perpetual easerne=nt to all;ov� (frantee" 5 5utfac �tiat rc tcrfl tcz drain into (;rantors storm sewer and settling pond located ur)cmi.-SY lot. ' of Barthel ('omtncrcial Park 3. ir�Anf Arid Orantee*s agents shall have the; right to enter upon the Easement Parcel z.#ui° the. purpu e: of rrtaintairting and repairing the drainage rwal located upon the I' asernte;nt Parcel. (irantee shall replace or restore any ltanssc:aping or other trr rovernents on the Easement Property which are damaged or destroyed by reason ei'f' Crantee's tnaintc nonce ar repair of the drainage;. 4. (:ir'antors :shall not eruct. place:,. or any obstruction of any kind whatsoever which woeild prevent, restrict. or otherwise inhibit the; use of the lasement Parcel for its. -es. Oraniors shall rnain:ta:in its sewer line at no coast to Intended drainage pa.trpo ( irantee. 5. 'Phis drairta , sewrzts nt and the ctbE gatie>n r hereunder shall run wills rind bind ifs drainage Easement Pareel for the: benefit of Parcel 2 and shall be appitrtettaftt t Parcel 2, and shill be bittding upon the hairs and assigns (if Urantor, and Cirantec. 6. lbis Agreetxt mt shall be consirmM in accordance with the laws of the, State of 60. Dated April 7, 2000 Document No. 711833 Signed by Donald G. Ack. April 7, 2000 Rec. June 21, 2000 at 3:03 PM Barthel / Betty L. Barthel T. A"I 0=14 Barthel Or 4 1 - - PRE -i*,, D G, L' , OW ALI MAIEN B Y HEM M EI, Oy I dawix, ,m-arinaft"emitm- "Orwilors"),mr-onsi w ,,-,)f the sinnof One Doflar($1 vaiwbk, comWerodcm to Grantors in hind paidic,54 the, Ci ty of AXWtvi 11r, a 'ex-, khmizO, w o0ed "Albenvilk"'), do haelby Wr= unto MberwiHo, imaw, 1he e ff! szoniwury qevvws, wavW rnaiwwnd lines (coHectwly the T hRiii"14WIW"Itb,�-"2"�!llir&,s,�r,,,ti:=.V� l= rWwrx MI'd acrms thie following plivemy sinwxd of lhrigbi, &we of S, Eydub,, i A attax he d lv�-zcto aad two a O#t heivi T'. ,Rhisifig #rts gra. w'd hereirl tnay �e extrci,xed qzI,IU_6I;- slabsequent to ck,%C lw:np., T, 1,10 g 60 406 sh6l also include ube rig of AUbm-rAlk Mra. of perp -dual C lbstallawn and mawtmmm: puzw�ses 4 to 111M rrAwambit awx&s wsaid rx of Grantors adjackv, be desiguate d by Ginantors wi a realsonlable hime uwnreqws! bAvill re' wr =&or MAwn, wy str or personal pn-�pzrty darna mmuct or rcpai , I during waim ' r of die msement , F he &Ma of pe1w ARC "pat to antel, ups the P, of CIMmors tui surve'4� .*ad locar, said nnsmmiar. 111ves ared %hall aEo iacbade the I "It w MITA"we .1-'row Said.`"AUip ox� liaA--,any structurc.s.4 treen, (iachtdirkeg th-a -WiAh S" 146tracs) of *qdilwhidl,frl the opiuvin VI Arbertyffle will, i-Merfore, VA?Ik ,,*w use a niaizinuat= oftiid iAUfies Gzaawlrs el-Aght to tme and -xcupy d1w said iinp of land, exceptuaw, Aithazt tt�r p,6 wri -r-, 4pO *ioi 4-7�lbertvillt, Gnwmors sh&U not ea-ect and stractures, or other parmwen't Pi tetv, ift Or W4 W Q IVXa:i W P13M W-My 1, �id.rnr thaa die imUUMion I a c Ifiv f uwrw,;*,;, Orior ocmmu of AlbertvifleGnantors ft.--therap. W, dw, the"y ovsffl -niAn h I interfere, w7itb or emwigersaid uttiliticz, o,o v e r i ant wi I i i A lbeTt %--� 111 e, its succe&sws and xsai,!,;�w, thAt GIwio,:s are #,' Ownlexz, ribed pi -t--aii ses mid have Iffie ri glu, tip seii'MA convey wl e-Oze M=w k", the M&U-nera'ad .h srauW =, suhjvct to existmg fig&ts�,Df-way for higghmwq�ysj md, vhcr =iA z at baroOwe gmted acroim any part of the lands affected ky this insimmmit- :*jmuUmMy ua&mood and a that, this in-Iftnient covers MI the agreew, is and ,j w the parties and that w mpresentaton or statwmts, verbal or have beer, wodij5i� adding to or changing the sir eaf (continued) x 60. Doc. No. 711833 (continued) A. : a. ��?', a�:: atn. Permanent sanitary syxf��t� � ��.�dlC' t piper �i:�rt of �.ut. , .,fit: `«-'wbmmaw`✓..vial &'ii.;a*"� u�"'to,"•w: 2"rr x?.:a":�95�+'��',„B"? Khe^"'' plat -t..s..rey,i^K on We,, wF.;a.;:5x-soT.. , t, he C`i.::lce:,,s...ne O :s ra, i'..,. follows. NY discance of 390.00 f x... ... 3 East, xi.: distance of 10.00 fee, to t4exhast Unne of a, util.izy and, Drainage Masevenc, accozding . ,.. .. ,^ e> e::,, d plat and the actual point r,. ,,, ,.ram i.z-.:,:x,;„"ng of t::::... t ".:g.,..,ne to be described; u,«':,;t"[ce co:-^>.,*„..'�.rnt4.,: • 9 9' 261 W East. a r.Gf`...ut•~.ta«nC of 167 `)u f,,ket.. t. a' er;< ' rra h t 7 "1 .., : centerline of at 60.00-Zoot utility na 'Y . isk-nt ,A. 521719, 4^.,.:,.wd ,. e.: in u`.... t ro NE tthn:iean. .,. tx L,. . 0 0 ,. =1 ",Fgm. x ,Yt,A,'i . e n t Scs: n l _ a...Y e ^ e l ' t"„d. w e."Ek;".Ms t t.d v er '> r l: of Lot 1, ,kC k 2. OMMhelltommercial Park, according to the plat thereof o7i in tile office Of ,,.he Coi.:,,5%+., y R� ec-R rde a . ;Or e? . ,'I'x.F. 't s? C7C' ,.:e C=�.:S'',+.ea,.. ine ofeasementdead.'. bed gas tit z;he ?°MC}w'theast; 'corner of said Law iBlock 2 f x"=b*nv Q4Ut#' 00 4 " Vast plat bearing. a.M.€?ng this "aac line of tea 4+* .. 4QI, Block 2, a distance of 32000 feet; zh nci N kifist, a distance nce A "? 0 . 0 feet to the wvst line of t'L Y,� And a✓.,bs6iFge Easement, entk according to t < rp i+s �:,Q, °+j"n rb " . v" hd i ti , 61. Notice of Trunk Dated Jan. 28, 2002 Rec. Feb. 139 2002 at 3:15 PM Availability Charge Document No. 777768 Signed by John Olson, Chairperson Attest: Linda S. Braunwarth, Office Manager Ack. Jan. 28, 2002 Pursuant to Minn. Stat. 6444.075, subd 3, the Albertville, Hanover and St,.Michael Joint Powers WaterBoard, 11100 50th Street NE, Albertville, Minnesota, 55301::'(herein— after "Joint Powers Board") has imposed a charge (hereinafter "Charge'`) on the property legally described as follows (hereinafter "Property"): Entire Plat of Barthel Commercial Park, Wright County, Minnesota r The Charge has been imposed by -the Joint Powers Baord for the construction project known as the 1978 EDA Wa.termain Project (hereinafter "Watermain':,-Pro- ect") in order to defray the costs of construction, maintenance and operatipn of':;;;,- e Watermain Project. The Charge imposed on this property is in the amount of:.$050` The Charge is to be paid as follows: Upon subdivision of sale of the property, or future wHt�''connections to the Joint Powers Board Water System, the charge is due and pay"able .-Ii FULL. All provisions of this instrument, including theI*enef-l:ts and burdens, run with the land and are binding upon and enure to.the assig;'`:aad"successors of the Property. 62. Easement Agreement.,,,.Dated April 24, 2006 Rec. April 26, 2006 at 8:50 -Document No. 1007126. Donald Barthel and Betty, $�gted by Donald Barthel; Betty L. Barthel and L. Barthel, husband and wife -"'by Michael Byme, President, State Bank of Long Lake and ''.rAck. April 24, 2006 in 2 sep. asks. State Bank of Long Lake µr :. RECITALS ti,NESSETH, that the Grantor is the owner of that tract of land in the County ::4 of iglat, Sete of Minnesota, described as follows: Outlot A, Block 2, Barthel Commercial Park Second Addition, n the Grantee is the owner of that tract of land in the County of Wright, State of l4irnesota, described as follows: Lot 1, Block 1, Albertville Crossing Third Addition. The Grantor and Grantee have agreed upon the easement provisions hereinafter described: NOW THEREFORE, in consideration of One Dollar and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby •acknowledged, and the mutual covenants herein, the Grantor and Grantee agree as follows: 1. Easement Grantgd. Subject to the terms and conditions of this Agreement, Grantor hereby grants, transfers, conveys and declares, an easement under, over and through the following portion of Grantor's property, (the "Easement Tract"), which easement shall burden the Grantor's property and shall be appurtenant to and for the benefit of Grantee's property: (continued) 62. (continued) A 20 foot wide strip of land across Outlot A, BARTHEL COMMERCIAL PARK SECOND ADDITION, Wright County, Minnesota, the center line of said strip is described as follows: Commencing at the southwest corner of said Outlot A; thence on an assumed bearing of North 89 degrees 25 minutes 09 seconds East, along the south line of said Outlot A, a distance of 11.66 feet to the point of beginning of the center line to be described; thence North 7 degrees 55 minutes 34 seconds East a distance of 56.97 feet and said center line there terminating. 2. Storm Drainagg Pursose. The easement shall be used exclusively for tit ; =; following purposes: installation, maintenance, repair, replacement and use of a storri";. sewer main, storm water collection, retention, detention and distribution lines,'carzduts`' pipes and other related apparatus, under, over and across the Easement Tract. An lines, conduits, pipes and other apparatus for water drainage are herein called the "V{ter,,.' Detention and Drainage Facilities." The easement granted herein shalt uchi&: ffe right of reasonable ingress and egress with respect to the Water Detention and iiA ge Facilities required to install, maintain and operate the same. 3. Congtruction of Water Detention and prainn P Foc,liffe r struction of the Water Detention and Drainage Facilities on the Easement Tra t:',,be in accordance with the plans and specifications approved by the City of Albertville. Tltacost thereof, including without limitation, all engineering costs, legal p6stk tecording fees, construction costs, and other associated costs in connection wi,i i" onstruction of the Water Detention and Drainage Facilities, shall be paid,.: # e Grantee. 4. Mechanic's or Construction Mens. If, alleged act or omission) of Grantee, any mecha against the Easement Tract (whether or not such Grantee shall cause same to be discharged oe Easement Tract, within thirty (30) days after b,,eit Grantee shall indemnify and save harmless the penalties, claims and demands, including reason .. . any act or omission (or or onstruction lien shall be filed #s`alid or enforceable as such), the or bonded, with respect to the itified of the filing thereof; and the )r, from all costs, liabilities, suits, attorneys' fees resulting therefrom. 5. Binding Effect, The easem t. cr, ated hereby and other terms of this Agreement shall be considered covenants i.' ng W th the land, and shall be binding upon the inure to the benefit and burden of ffit'.'IreSOedifive owners of the Grantor's and Grantee's properties, and their respgWk ye cessor, heirs, personal representatives and assigns who become the owners. TlttoL and Grantee now, and hereafter their respective successors, heirs, person4*p sentatives and assigns owning any portion of the properties herein, sh'a"be file for performance of all covenants, obligations and undertakings hereastibrth. 6. Re94'00htecitals set forth herein are incorporated herein for all purposes. 7. C9ygniiis Running with the Land All easements and covenants described herein, Ve;perpetual and shall run with the land. Provided, however, any transfer of ownerjliip of Grantee's property, by conveyance, operation of law or otherwise, shall ppemtd,te: relieve such transferring Grantee from liability for costs or obligations arising hOlw- pft after the date of such transfer, but such transferring Grantee shall remain liable foray costs incurred while such transferring Grantee was bound by the terms of this Agreement. 18. Severabitity. If any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. 9. Failure to Enforce Not a Waiver., aiver No provision contained in this Agreement shall be deemed to have been abrogated or waived by reason of any failure to enforce or exercise the same. 10. Recording. This Agreement shall be filed against the title to the respective properties of the Grantor and Grantee. 11. No Gift or Public Dedication. Nothing contained in this Agreement will be deemed to be a gift or dedication of any portion of the Grantor's or Grantee's property to the general public for the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement be strictly limited to and for the purposes expressed herein. 12. Governing Lam This Agreement has been entered into in the State of Minnesota and shall be governed by and construed under, the laws of the State of Minnesota. (continued) 62. (continued and concluded) I I I I I x w m BARTHEL COMMERCIAL PARK LOT 1 B L 0 C K 2 PROPOSED STORM SEWER EASEMENT----,� Np� S88j��J SOUTHWEST 34�E CORNER OF OUTLOT A, BARTHEL COMMERCIAL PARK SECOND ADDITION.` P O N D A 20 fpbt, wid4` trip of land across Outlot A, BARTHWIPMMERCIAL PARK SECOND ADDITION, Wrlgitt' Co"utrty, Minnesota, the center line of said stEip is'de*ribed as follows: %a�4" F:omrriiencing at the southwest corner of said �� w owtlat. A; thence on an assumed bearing of North �`�' 8UY<Ie roes 25 minutes 09 seconds East, along � y-z•'.... 9 �& _ . the south line of said Outlot A, a distance of 1'1.66 feet to the point of beginning of the center line to be described; thence North 7 N8942510$ � degrees 55 minutes 34 seconds East a distance Of 56.97 feet and said center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate on said south line. A Anderson Engineering of Minnesota, LLC. APRIL10,2006.' CIVIL EN GI N E E R I N G AND LAND S U R V E Y I N G 11432-STORM EXHIBIT 13605 1ST AVENUE NORTH, SUITE 10D PLYMOUTH MN 55441 TEL (763) 383-1084 FAX (7B3) 383-10 1007 2G F 36885 ABSTRACTER'S CERTIFICATE STATE OF MINNESOTA) COUNTY OF WRIGHT ) Hereby Certify that the foregoing abstract consisting of consecutive entries from 1 to 62 inclusive, is a true and complete Abstract of Title to the real estate described in caption as appears of record in the Office of the County Recorder, Wright County Minnesota, except instruments filed without land descriptions, to the date and time hereof. That there are no Bankruptcy proceedings, unsatisfied Federal Tax Liens or State Tax Liens or Federal Environmental Liens or Federal Judgments in favor of United States (Abstract of Judgment) recorded in the Office of the County Recorder, Wright County, Minnesota, EXCEPT AS SHOWN, against: Donald G. Barthel; Betty L. Barthel; Mrs. Donald G. Barthel. No certification made to Surveyor's Certificates of Location of Government Corner (no change of location is involved). That there are no UNSATISFIED JUDGMENTS docketed within the past 10 years in the Office of the Court Administrator of said County against the above names persons, EXCEPT AS FOLLOWS: (The amounts shown below are the initial judgment amounts as shown in the records maintained in the Office of the Court Administrator and may not represent additional costs. Any assignments of the judgments by the creditor are not shown) Case No. Judgment Debtor Judgment Creditor Dated Docketed Amount none REAL ESTATE TAX INFORMATION PID NO: 101-052-000010 AMOUNT 2007 TAXES: $8634.00 HOMESTEAD STATUS: NON GREEN ACRES: no Special Assessments included in the above taxes: -0- AMOUNT 2007 TAXES UNPAID: -0- (paid in full) DELINQUENT TAXES: none No certification is made to any taxes deferred under MSA 273.112 (commonly known as Open Space Parcels), any taxes or assessments deferred under Minnesota Statutes, Section 273.11 (commonly known as Green Acres), any pending assessments, levied assessments unless specifically set out under real estate tax information above, zoning ordinances (local, City or County) whether recorded or not. DATEDAT BUFFALO, MINNESOTA, this 21st day of December, 2007 at 8 AM Ellen M. Point Pat Olthoff Jeanne Lewandoski Barbara Sande Lynn M. Bosley Licensed Abstracters State of Minnesota ******************** CAMPBELL ABSTRACT CO. 7 NW 2"d St./P.O. Box 425 Buffalo, MN 55313 (763)682-1252/Fax(763)682-5810 by ( Qj.t a duly authorized signature MEMBER OF THE AMERICAN LAND ASSOCIATION MEMBER OF THE MINNESOTA LAND TITLE ASSOCIATION