2011-05-10 Recording of Prarie Run residential Lots COURI, MACARTHUR & RUPPE, P.L.L.P
Attorneys at law
Michael C Couri 705 Central Avenue East Sarah E. Schwarzhoff
Andrew J. MacArthur PO Box 369
Robert T. Ruppe ** St. Michael, MN55376 -0369
(763) 497 -1930
-Al,. Licensed in Ann. (763)
497 -2599 (FAX)
* *Alm Licensed in California www.courimacarthur.com
May 10, 2011
VIA FACSIMILE 763- 682 -7300
The Honorable Geoffrey W. Tenney
Wright County District Court
10 2 nd Street N.W., Room 201
Buffalo, MN 55313 -1192
Re: City of Albertville v. Alpine Capital, LLC; Court File No. 86- CV -09-
6850.
Dear Judge Tenney:
The above matter is scheduled for a pretrial hearing before the Court today at 1:30
p.m. As you may recall, at the last pretrial hearing the parties had been negotiating a
settlement and were working with the banks which are secured creditors of Alpine
Capital. Last week the banks finally approved the last document we were waiting for.
Yesterday the parties signed a settlement agreement and the attorneys for both
parties met to complete a real estate closing that is required by the settlement agreement
and that would have been the last step in disposing of this case. Immediately prior to the
closing, it was discovered that Alpine was still holding three mortgages that encumber the
properties that are to be deeded to the City under the settlement agreement. Alpine's
attorney is now in the process of getting the necessary mortgage releases signed, and both
parties expect the final closing will occur by this Friday. Once the closing occurs, the
parties will submit a stipulation of dismissal to the Court.
On behalf of the City of Albertville and with the consent and agreement of Alpine
Capital, I am requesting that the Court continue today's pretrial hearing to any date in
future beyond Friday. Both of our clients have worked hard to settle this case and would
appreciate it if they could avoid the additional expense a Court appearance would
necessitate. Thank you for your consideration of this request.
The Honorable Geoffrey W. Tenney
May 10, 2011
Page 2 of 2
Sincerely,
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Cc: Mr. Mike Brutlag
COURT, MACARTHUR & RUPPE, P.L.L.P
Attorneys at law
Michael C. Couri* 705 Central Avenue East Sarah E. Schwarzhoff
Andrew J. MacArthur Po Box 369
Robert T. Ruppe ** St. Michael, MN55376 -0369
(763) 497 -1930
* *
*Also b n Ca in a (763) 497 -2599 (FAX)
Alva Lireaed i Cal jnrnia www. courimacarthur.com
May 27, 2011
Wright County Recorder's Office
Wright County Government Center
10 NW 2 nd Street
Buffalo, MN 55313
Re: City of Albertville; Alpine Capital, LLC
Dear County Recorder:
Please record the enclosed documents in the following order:
1. Warranty Deed from Alpine Capital, LLC to the City of Albertville;
2. Partial Release of Mortgages from U.S. Bank National Association;
3. Partial Release of Mortgage from DBMS Investments, LLC; and
4. Partial Release of Mortgage from Alpine Capital, LLC.
Also enclosed is a check in the amount of $184.00 for your recording fees. Please record
these documents at your earliest convenience and return the same to me in the enclosed
self- addressed, stamped envelope. Thank you.
Sincerely,
Kathleen H. Budish
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
cc: City of Albertville
r
(Top 3 inches reserved for recording data)
WARRANTY DEED Except Assessments
Business Entity to Business Entity
DEED TAX DUE: $1.65 DATE: May—, 2011
FOR VALUABLE CONSIDERATION, Alpine Capital, LLC, a limited liability company under the laws of Minnesota ( "Grantor"), hereby conveys
and warrants to City of Albertville, a municipal corporation under the laws of Minnesota ( "Grantee "), real property in Wright County, Minnesota,
legally described as follows:
Lots 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13, Block 2, Plat of Prairie Run,
Check here if all or part of the described real property is Registered (Torrens)❑
together with all hereditaments and appurtenances belonging thereto, subject to the lien of all unpaid property taxes and special assessments
and interest thereon on Lots 10 and 11, described above, and the following additional exceptions:
None
Check applicable box: Grantor
® The Seller certifies, that the Seller does not know of any wells
on the described real property. Alpine Capital, LLC
❑ A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number: [...1.) By
❑ 1 am familiar with the property described in this instrument and Peter L. Scherer
I certify that the status and number of wells on the described Its: CEO
real property have not changed since the last previously filed
well disclosure certificate.
® Seller certifies this transaction totals less than $500.
ECB -10110 Page 1 of 2
Page 2 of 2 WARRANTY DEED Except Assessments
State of Minnesota, County of Hennepin
This instrument was acknowledged before me onMay �, 2011, by Peter L.Scherer as CEO of Alpine Capital, LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
(Stamp)
COLLEEN RAE SKEIE NORENBERG (si eWnotanatofCcer)
Notary Public
a a Minnesota Title (and Rank): U I t l J
My Commission Expires Jan. 31, 2012 ff
My commission expires: 1� 3 I L
(morrtNday4ear)
THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
Brutlag, Hartmann & Trucks, P.A. (MLB) INSTRUMENT SHOULD BE SENT TO:
3555 Plymouth Boulevard, Suite 117 City of Albertville
Plymouth, MN 55447 5959 Main Avenue NE
(763) 222 -2500 P.O. Box 9
Albertville, MN 55301
PARTIAL RELEASE OF MORTGAGES
FOR VALUABLE CONSIDERATION, the real property in Wright County, Minnesota,
legally described on Exhibit A attached hereto and incorporated herein by reference is hereby
released from the liens o£
(a) that certain Amended and Restated Mortgage, Security Agreement,
Assignment of Leases and Rents and Fixture Financing Statement dated as of April 26,
2010, executed by Alpine Capital, LLC ( "Mortgagor) in favor of the undersigned and
recorded in the records of Office of the County Recorder of Wright County, Minnesota
(the "Recorders' Office ") on April 30, 2010, as Document No. 1146469, owned by the
undersigned; and
(b) that certain Mortgage, Security Agreement, Assignment of Leases and Rents
and Fixture Financing Statement dated as of April 26, 2010, executed by Alpine Capital,
LLC ( "Mortgagor) in favor of the undersigned and recorded in the records of the
Recorder's Office on April 30, 2010, as Document No. 1146470, owned by the
undersigned.
This Partial Release of Mortgages is not evidence that the indebtedness secured by the
Mortgages has been satisfied or paid.
[signature page follows]
Partial Release.doc
Dated: April 2011.
U.S. BANK NATIONAL ASSOCIATION,
a national banking association, as Collateral Agent
By: Ch
Name: Greg Wilson
Its: Vice President
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ✓N day of
2011, by Greg Wilson, the Vice President of U. S. Bank National Association, a national
banking association, on behalf of the association.'���
KART I. SCHLOTFELDT
NOTARY PUBLIC - MINNESOTA Notary Public
My Commission Expires Jan. 31, 2015
THIS INSTRUMENT DRAFTED BY:
Fabyanske, Westra, Hart and Thomson, P.A. (FHL)
Suite 1900
800 LaSalle Avenue
Minneapolis, Minnesota 55402
Partial Release.doc 2
EXHIBIT A
LEGAL DESCRIPTION OF RELEASED PARCELS
The parcels of land lying in Wright County, Minnesota and legally described as follows:
Lots 3, 4, 5, 6, 8, 9, 10, 11, 12, and 13, Block 2, Plat of Prairie Run
Partial Release.doc
PARTIAL RELEASE OF MORTGAGES - BY CORPORATION OR PARTNERSHIP
Date: May , 2011
FOR VALUABLE CONSIDERATION, the real property in Wright County, Minnesota, legally
described as follows:
Lots 3, 4, 5, 6, 8, 9,10,11, 12 and 13, Block 2, Plat of Prairie Run
is hereby released from the lien of the Mortgage, owned by the undersigned, dated August 6, 2004,
executed by Gold Key Development, Inc., a Minnesota corporation,as Mortgagor, to Alpine Capital,
LLC, a Minnesota limited liability company, as Mortgagee, and filed for record on December 22,
2004 as Document Number A940364, in the Office of the County Recorderof Wright County,
Minnesota; and
the real property in Wright County, Minnesota, legally described as follows:
Lots 3, 4, 5, 6, 8, 9, 12 and 13, Block 2, Plat of Prairie Run
is hereby released from the lien of the Mortgage, owned by the undersigned, dated August 6, 2004,
executed by Gold Key Development, Inc., a Minnesota corporation, as Mortgagor, to Alpine Capital,
LLC, a Minnesota limited liability company, as Mortgagee, and filed for record on December 22, 2004
as Document Number A940365, in the Office of the County Recorder of Wright County, Minnesota.
Alpine Capital, L
By:
Its: Chief Executive Officer
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of May, 2011 by Peter
Scherer, the Chief Executive Officer of Alpine Capital, LLC, a limited liability company under the
laws of Minnesota, on behalf of the limited liability company.
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Signature of Person Taking Acknowledgment
Brutlag, Hartmann & Trucke, P.A. (MLB)
3555 Plymouth Boulevard Suite 117 NOTARIAL STAMP OR SEAL (OR OTHER TITLE /RANK)
Plymouth, MN 55447
(763)222 - 25033 °M COLLEEN RAE SKEIE NORENBERG
- �\i Notary Public
Minnesota
V �1�) /My Commission Expires Jan. 31, 2012
PARTIAL RELEASE OF MORTGAGE - BY CORPORATION OR PARTNERSHIP
Date: May — 1, 2011
FOR VALUABLE CONSIDERATION, the real property in Wright County, Minnesota, legally
described as follows:
Lots 3, 4, 5, 6, 8, 9,12 and 13, Block 2, Plat of Prairie Run
is hereby released from the lien of the Mortgage, owned by the undersigned, dated August 6, 2004,
executed by Gold Key Development, Inc., a Minnesota corporation, as Mortgagor, to DBMS
Investments, LLC, a Minnesota limited liability company, as Mortgagee, and filed for record on
December 22, 2004 as Document Number A940366, in the Office of the County Recorder of Wright
County, Minnesota.
DBMS Investments, LLC
By:
Its: Clief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this '1 �- day of May, 2011 by Dane
J. Swenson, the Chief Manager of DBMS Investments, LLC, a limited liability company under the
laws of Minnesota, on behalf of the limited liability company.
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): ' Si - g - n - a ture of Person Taking ACICt10W10QgH]CBt
Brutlag, Hartmann & Trucke, P.A. (MLB)
3555 Plymouth Boulevard, Suite 117 NOTARIAL STAMP OR SEAL (OR OTHERTITLE/RANK)
Plymouth, MN 55447
_ " -., Elaine C. Hanson
(763) 222 -25033
Notary Public
,. Minnesota
"` My coa ksw EX008 Joual 31 2016
COURI, MACARTHUR & RUPPE, P.L.L.P
Attorneys at law
Michael G Couri* 705 Central Avenue East Sarah E. Schwarzhoff
Andrew J. MacArthur PO Box 369
Robert T. Ruppe ** St. Michael, MN 55376 -0369
(763) 497 -1930
•Ats,, .i (763) 497 -2599 (FAX)
'*Alva Licensed in Cat fn,,n, www.courimacarthur.com
June 27, 2011
Wright County Recorder's Office
Wright County Government Center
10 NW 2" Street
Buffalo, MN 55313
Re: City of Albertville; Alpine Capital, LLC
Dear County Recorder:
Enclosed for recording please find documents to be recorded in the following order:
1. Warranty Deed from Alpine Capital, LLC to the City of Albertville;
2. Partial Release of Mortgages from U.S. Bank National Association;
3. Partial Release of Mortgage from DBMS Investments, LLC; and
4. Partial Release of Mortgage from Alpine Capital, LLC.
Please note that these documents were previously sent to your office on May 27, 2011,
but were rejected due to outstanding property taxes owed to the Auditor- Treasurer's
office on Lots 10 and 11. I believe the property taxes have been paid in full by the City
of Albertville. Please record these documents at your earliest convenience and return the
same to me in the enclosed self - addressed, stamped envelope. Thank you.
Sincerely,
Kathleen H. Budish
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
cc: City of Albertville
Barb Gabrelcik, Wright County Recorder
n�� / REJECTII — ABSTRACTDIVISION
To: L(J�lfl tVIrC�Y�{All� d I( + WEEP Wright County Recorder
10 Second St NW, Rm 210
Re: Vil Buffalo, MN 55313 -1196
Direct Dial: 763 -682 -7357 or 1- 800 - 362 -3667, ext. 7357
Date �' 3 -t � Fax: 763-684-4558
Reply Attn: N. 4eA?, www.co.wrieht.mn.us /department /recorder /landtitle
Please Return Resection Notice With Your Documents!
Documents are being returned for reason(s) checked below:
Rejected by Auditor - Treasurer (see attached)
_Document is not sufficiently legible to be reproduced. (MS507.093)
_Original signatures or certified copies are required. (MS507.25)
Date(s) on document is missing. (MS507.24)
_Grantors marital status must be indicated. (MS507.02)
_Notary stamp is illegible. (MS507.24)
_Notary acknowledgment is not complete (MS507.24). Needs:
_County _Date
_County/State of venue _Grantor/grantee names
_Notary expiration Notary signature
_Notary stamp /seal Needs corp /partner acknowledgment
_Document number of mortgage referenced is incorrect or missing.
_Corrective documents must be specific as to reason for re- recording and include original recording information.
_Needs drafting statement — include name & address. (MS507.091)
_Needs name and address of taxpayer. (MS507.092)
Needs well certificate or statement:
"Seller certifies that the seller does not know of any wells on described property." (MS1031.235)
_$45.00 Well Certificate Fee
_Needs Certificate of Real Estate Value or total consideration statement for minimum deed tax. (MS287.21)
_Treasurer needs $5 Ag Fee for each deed /mortgage (payable to Wright County Treasurer).
_Checks unsigned.
No check enclosed.
_Require separate checks for recording fees (to Wright County Recorder) and
SDT/MRT /Ag fees (to Wright County Treasurer).
_Require separate checks for Abstract and Torrens departments, also any UCCs filed in personal property records.
_Recording fee is insufficient/too much: Resubmit with $
_Additional fee $ required for document citing multiple assignments, partial releases or
satisfactions (MS357.18).
Not recordable in Wright County; record in County. (MS507.24)
Other
PLEASE MARK DOCUMENTS ABSTRACT OR TORRENS. (MS508.76 SUB2)
(See link on website for Torrens list)
To expedite the return of your recorded documents, please submit a self - addressed and stamped envelope
sized and stamped to accommodate the number of documents /pages sent for recording.
J NT Y
U D Zj Robert J Hiivala
Z Wright County Auditor/ Treasurer
�t1 M ` Wright County Government Center
V j� W ZO 2nd Street NW Room 230
Q Buffalo, MN 55313-1195
Phone: (763) 682 -7577
�J K/
7655 FAX (763) 682 -7873
1�1- 1o3-oodb30 00x090
0 0 00`o - 0o ') 10 0 REJECTION NOTICE
b o a O-45D 0 0c>) 11 PLEASE RETURN THIS NOTICE WITH DOCUMENTS
- Ooao(.00 ooaiao
O a 1 3 o All Documents Must Be Returned
On Or Before December 312011
For The 2012 Tax Roll
Date: � ' � -
The attached is being returned for one or more of the following reasons.
Additional Mortgage Registration Tax Due $
Agricultural Preservation Fee Due $ '5.
_ Certified Copy Required
_ Certificate of Real Estate Value Required
_ Check Not Signed
_ Current Year Taxes Due On Divisions $
_ Document Must Have Total Consideration Statement for Minimum Deed Tax
Deed Tax Due $ -to 5
_ Delinquent taxes due $
_ Deed Missing to Clear Line of Title
_ Missing Approval By City for Division
_ Notary Missing
Original Signatures Required
_ Social Security Number or Federal PID Number Required on Certificate of Real Estate Value
_ Submitted to Wrong County
_ All Corrections on Documents Need to be Initialed
_ Certificate of Redemption required Statute 580.26 (we will record documents without it, if requested, however,
ownership will remain in the time of the owner/holder of the Sheriff Certificate of Sale for tax purposes until received)
Description Incorrect
Other Pf V MA O�C. +Q SkGAC. SW -One- 21Q. I a We Co no Ayo-osk4 (
Contact 1111e- 0� + - I' �, ke, Do *5 1O CL(\CI \� 001 0 6elkoj Qel1+ }6k.�S
gyve- 9 0a .
Alicia 682 -8953 Shawne 682 -7583 Tammi 684 -4540
682 -7571 682 -7881 Tanya 682 -7588
Christa 682 -7573 Pam 682 -7584 Paula 682 -7581
Carol 682 -7577 Karen 682 -7572 Casey 682 -759
Anne 682 -7574 Lonnie 682 -7587 Ka y 684 -2325