HomeMy WebLinkAbout2002-03-11 Thomas Haugrud Ltr to BCWDPETER M. ROSENE
THOMAS R. HAUGRUD*
ANDREW E. STAAB
STEPHEN KELLY
*Real Property Law Specialist, Certified
by the Minnesota State Bar Association
Dear Board of Managers:
ROSENE, HAUGRUD. & STAAB
CHARTERED
ATTORNEYS AT LAW
40,0 ROBERT STREET NORTH
SUITE 1800
ST. PAUL, MINNESOTA 55101
TELEPHONE: (651) 227 -6621
TELEFACSIMILE: (651) 297 -6642
EMAIL: MAIL @RHSCHTD.COM
March 11, 2002
rte.,..._ . _.. - r r
MAR 1 3 2002
LEGAL ASSISTANT
LINDA L. FISCHER
FILE COPY
Brown's Creek Watershed District SENT VIA TELEFACSIMILE
Board of Managers AND U.S. MAIL
Brown's Creek Watershed District
1 825 Curve Crest Boulevard
Stillwater, MN 55082
RE: W.A.T.E. Enterprises,
Inc. (The Goldridge Group) p 51
g p) �
Our File No. 3229
BCWD Permit #01 -12
The firm of Rosene, Haugrud & Staab, Chartered represents W.A.T.E. Enterprises, Inc.
("WA.T.E."). An issue as to the use and ownership of Outlot A of Kern's Center 2nd Addition
has come to our attention. Insofar as W.A.T.E. T.E. owns most of Outlot A, we are responding to this
issue on its behalf.
Part of Outlot A (approximately .9 acres) is owned by the State of Minnesota, Department
of Transportation (parcel number 0602920130004). The other part of Outlot A (approximately
2.56 acres) is owned by W.A.T.E. (parcel number 0602920130014). Outlot A currently contains
a holding pond that was built in 1990.
We do not have an abstract or title work for the parcel, but the history of Outlot A can be
easily traced through the recorded documents. On December 13, 1994, the plat of Kern Center
2nd Addition was filed with the Washington County Recorder (Document #825978). Also on
December 13, 1994, a Warranty Deed was filed with the Washington County Recorder
(Document #825982), transferring Outlot A from Violet E. Kern to the Town of Baytown. On
September 9, 1997, a Quitclaim Deed was filed with the Washington County Recorder
(Document . #944561) transferring part of Outlot A from Town of Baytown to the State of
Minnesota. On January 10, 2002, a Quit Claim Deed was filed with the Washington County
Recorder (Document #3207740) transferring all of Outlot A, except that part conveyed to the
State, from the Town of Baytown to W.A.T.E (parcel number 0602920130014).
The recorded plat under the Owners Certificate provided in part for a dedication to `the
public for .public use forever the street, the avenue and the boulevard and also dedicate the
easements as shown on this plat for drainage andlor utility purposes only." The plat references a
"Drainage and Ponding Easement" on Outlot A.
Brown's Creek Watershed District Board of Managers
Brown's Creek Watershed District
March 1 1, 2002
Page 2
Also on December 13, 1994, a Declaration of Covenants, Conditions and Restrictions was
filed with the Washington County Recorder (Document #825979) which affects the lots in Klein
Center 2 Addition, includin g Outlot A. The Declaration at paragraph 4 thereof specifically
refers to the easements as shown on the recorded plat, and further provided that:
Drainage easements shall be granted to the Town of Baytown which
cover land adjacent to the ponding areas up to their 100 year flood
elevation and which cover all ditches and storm sewers. The Town
of Baytown shall be responsible for all maintenance within drainage
easements .
On February 25, 2000, an Amendment to Declaration of Covenants, Conditions and
Restrictions was filed with the Washington County Recorder (Document #3094151). This
Amendment did not change the easement provisions of the original Declaration. Between 1994
and present, the City of Oak Park Heights annexed from the Town of Baytown the area in which
Outlot A is located.
Goldridge Group Minnesota, LLC, Jacob Holdings of Stillwater, LLC and Jerden, LLC
( "Developers ") are proposing a.project called Oak Park Station to the northeast of Outlot A. The
project proposes to subdivide four lots into seven for commercial development, construct one
new stormwater pond, and further proposes to expand the existing pond on Outlot A. The
expansion of the pond on Outlot A includes modifying the slope on the northeastern part of the
property and expanding the pond to the northwest onto the Developers' property. The
Developers are then using the entire holding volume /capacity of the Outlot A pond in their
calculation for the project.
The Developers have applied to the City of Oak Park Heights (`City ") for a PUD. As
part of that application they need a permit from the area watershed. Seventy percent of the
project is located in the Valley Branch Watershed District ("VBWD") and thirty percent is
located in the Brown's Creek Watershed District ( "BCWD "). The water generally flows from
the VBWD into the BCWD. VBWD took the issue up its October 25, 2001 meeting and
approved Permit #2001-26. The Developers applied to BCWD for a permit on October 26, 2001.
The BCWD issued permit #01 -12 requiring certain conditions to be met. Before those
conditions were met, it was brought to BCWD's attention that ownership of Outlot A was in
question and this may have an effect on the Developers' plans to enlarge the Outlot .A pond. On
February 2, 2002, BCWD brought this issue to the Developers attention by letter. On February
7, 2002, the City and the Developers signed a Developers Agreement. The City has given the
Developers permission to work in Outlot A "to the extent" of the City's easement rights
The issue is whether the Developers can enter Outlot A and enlarge the pond without the
consent of the owner of Outlot A. The "drainage and ponding easement" granted in the 1994
dedication was an express grant of an easement. No case, statute or rule in Minnesota defines a
Brown's Creek Watershed District Board of Managers
Brown's Creek Watershed District
March 11, 2002
Page 3
drainage easement or ponding easement. Courts, when interpreting the intention of the parties in
an express easements, look to the words of the grant. Minneapolis Athletic Club v. Cohler, 287
Minn. 254, 258, 177 N.W.2d 786, 789 (1970). In this case, the grant is the language in the
dedication "and do hereby dedicate and donate to the public for public use forever . . . the
easements as shown on this plat for drainage ... purposes only." The easement shown on the
plat is a "Drainage and Ponding Easement" on Outlot A. When a grant occurs in a plat
dedication, it is to be interpreted narrowly. Minn. Stat., §505.02, subd. 2 ( "the purpose of any
easement shown on the plat must be clearly stated, and shall be confined to only those that deal
with ... such drainage easements as deemed necessary for the orderly development of the land
encompassed within the plat.").
What this grant does not contain is secondary or "ancillary" easements. Christopher R.
Duggan, Note, Property Owners Beware: The Minnesota Supreme Court has Twice
"Misconstrued" Express Easements, 25 Wm. Mitchell L. Rev. 1545, 1554 (1999). Secondary
easements are easements necessary to the enjoyment of the primary easements including the
"right to access, maintain, and repair the primary easement." Id. The grant for the easement
gives neither the City nor adjacent property owners the right to modify or expand its easement.
"[The extent of an easement should not be enlarged by legal construction beyond the objects
originally contemplated or expressly agreed upon by the parties." Minneapolis Athletic Club,
287 Minn. at 258, 177 N.W.2d at 789 -90. What was contemplated and agreed to at the time this
easement was created was a pond on Outlot A. Nowhere in the Plat or Declarations of
Covenants is the City or adjacent property owners given the right to expand its drainage or
ponding easements. jpphanv. zion Lutheran Church, 1999 WL 732433 (Minn. App. Ct. Sept.
21, 1999) (easement could not be "enlarged" to include gate); Guzzetta v. Mudek, 1999 WL
1897 (Minn. App. Ct. Jan. 5, 1999) (easement did not by its terms include a fence or gate); Lien
v. Loraus, 403 N.W.2d 286 (Minn. Ct. App. 1987) (easement for "pedestrian walkway" to lake
did not allow dock to be installed); Highway 7 Embers, Inc v. Northwestern Nat'l Bank, 256
N.W.2d 271, 275 (Minn. 1977) (express view easement to the north can not be enlarged to
include the east).
This pond is significant to W.A.T.E. and the other existing owners of property in Kern
Center 2 Addition. Although W.A.T.E, recognizes that these easements exists, the proposal of
the Developers, approved by the City and under the consideration of the watershed, exceeds the
easement grant. The Developers' use of the pond's volume and capacity in excess of the
easement grant is an enlargement of the easement to the detriment of W.A.T.E. rights to the use
of its property. The pond's volume and capacity in excess of the easement grant are the property
of W.A.T.E. and cannot be taken without permission.
At this time, W.A.T.E. Enterprises, Inc. asks that all work toward expanding or enlarging
the pond on Outlot A cease and that no entity enter onto Outlot A without express permission.
W.A.T.E. would like to meet with the Developers, City and watersheds to resolve this issue.
Please contact me at your earliest convenience.
Brown's Creek Watershed District Board of Managers
Brown's Creek Watershed District
March 11, 2002
Page 4
S Klhrf
Enclosures
Pursuant to your attorney's letter dated March 4, 2002 please find attached copies of:
1. December 13, 1994, the plat of Kern Center 2nd Addition (Document #825978)
2. December 13, 1994, Warranty Deed (Document #825982)
3. December 13, 1994, Declaration of Covenants, Conditions and Restrictions
(Document #825979)
4. September 9, 1997, Quitclaim Deed (Document #944561)
5. February 25, 2000, Amendment to Declaration of Covenants, Conditions and
Restrictions (Document #3094151)
6. January 10, 2002, Quit Claim Deed (Document #3207740)
Very truly yours,
RO S ENE, HAUGRUD & S TAAB , CHARTERED
H:1General Client Files\WATE\Corporate'Letter to BCWD.doc hrf
Thomas R. Haugrud
Stephen Kelly
Attorneys at Law
W.A. T.E. Enterprises, Inc., Attn.: Mr. William H. Zintl, President
Mr. Chuck Holtman, Esquire
City of Oak Park Heights, Attn.: Ms. Kimberly Kamper, City Administrator
Goldridge Group Minnesota, LLC
Jacob Holdings of Stillwater, LLC
Jerden, LLC
Valley Branch Watershed District
Mr. David Dupay, Foltz, Freeman, Dupay & Associates, Inc.
•
•
. KERN CENTER 2ND ADDITION •
Fee Owner:
Violet E. Kern
Fees: $30.00 Plat
12.00 Covers
8259V
`: • .
COUNT':
WAS Hi;-`
DEC 13 .1 00
- 82597S
Abstract
Old description:
Pt of Eli 1494 & pt of W¼ of NE1/4 Sec. 6, Twg. 29N
Rg. 20W described as ..
New description:
Lots 1 thru 7 incl. Block 1;
Lots / thru 10 incl. Block 2; out/Qt. A
KERN CENTER 2ND ADD/!ION
Fa rm No: " -M-- -- Warranty Deed, Individual(s)
to Corp on or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed (not required
Ce tificate of Real Estate Va
STATE DEED TAX DUE HEREON:
Date:
/1/6 wr5Ad8 Z j r'
FOR VALUABLE CONSIDERATION, VIOLET E. KERN
a sin Ze arson
Grantor(s),
(marital status)
hereby convey(s) and warrant(s) to the Town of Baytown,
,
a political subdivision • under the laws of Minnesota
Washington County, Minnesota, described as follows:
together with all hereditaments and appurtenances belonging thereto, subject
to the following exceptions:
} � • .. �'� WA' a `,I'!L c C1+•. 1 r.:f: ;
i =4+i d.�.i�eY.;T'tiJC`3rwrht ru•'tr" .1.. ; �•:' ; :ar
STATE OF MINNESOTA )
) SS,
COUNTY OF WASHINGTON)
Outlot A of KERN CENTER 2ND ADDITION, according to the plat on file
in the office of the County Recorder, Washington County, Minnesota
(if more space is needed, continue an back)
THIS INSTRUMENT WAS DRAFTED BY
(NAME AND ADDRESS)
ARNOLD & McDOWELL
5881 G edar Lake Road
Minneapolis, Minnesota 55416
(612) 545• -9000
:7 •,,-fit,, ,;
VIOLET E. KERN
The foregoing instrument was acknowledged before me on the day of
November , 1994, by VIOLET E. KERN, a single per
Grantor(s).
et
SIGNATORE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements for the real property described
in this instrument should be sent to (Include
name and address of Grantee):
4414'
.; BRUCE A. FOLZ
� , NOTARY P1101.10 MINNESOTA 4
\ , rAy Comm. Exp. Jan. 31, 2000
S S
DEC L 9 / �
OD PIS . .
szsf.)82
•
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iur recording data)
THE TOTAL: OgNSIDERATION FOR THIS
OF PnCIIE 3'Y is 350100 Of I 9,
■
,Grantee(s),
real property in
-;
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E
]DECLARATION OF COVENANTS..
CONDITIONS AND RESTRICTIONS
TRES DECLARATION, made this day of "" 1994, by VIOLET
E. KERN, a single person (hereinafter called the "Declarant").
RECITALS
WHEREAS, Declarant is the owner in fee of the following described property located
in Washington County, Minnesota, to-wit:
Lots 1-7 plus Outlot A, Block 1, and Lots 1-10, Block 2, all in
Kern Center 2nd Addition, according to the plat thereof on file
and of record in the office of the . Washington County Recorder's
Office, Minnesota;
which shall hereinafter be referred to as the "Lots "; and
82597S
WHEREAS, Declarant desires to impose upon the Lots, mutual and beneficial
covenants, conditions and restrictions for the benefit of all future owners of said Lots.
NOW, THEREFORE, the Declarant hereby declares, imposes upon and makes all of
the Lots, burdened property subject to the following covenants, conditions, restrictions and
reservations, the burden of which shall run with the Lots and bind all persons, or entities of
any form or nature, who now, or hereafter have, any right, title or interest in the Lots and the
benefit of which shall run with the benefited Lots and inure to the benefit of all persons who
now or hereafter have any right, title or interest in the Lots.
1. Use Restrictions,
COVENANTS
A. No Lot shall be used except for commercial, retail, office, warehouse,
light industrial or other uses permitted by an appropriate governing
municipal, county or state governmental zoning, ordinance, statutory or
other restrictions.
B. No Lot, or improvement thereon, shall be used for the on -sale or off-sale
of liquor or the dispensing or distribution of liquor in any manner or
fashion.
_1-
C. All improvements to each lot shall be in compliance with the minimum
building elevations as recorded on the final plat of Kern Center 2nd
Addition.
2. Building Restrictions. No building or structure shall be erected, placed upon
or altered in any way as regards any Lot until the construction plans, specifications, front
profile drawings and a plan showing the location of the structure have been approved by the
Architectural Control Committee (as hereinafter set forth) as to the quality of workmanship,
exterior construction, materials, and colors, harmony of exterior design with existing structures,
and as to location with respect to. topography and finished grade elevation. Approval shall be
as provided in paragraph 6 hereinafter.
3. Restrictions Against ffensive TJses.
A. No Lot shall be used or maintained as a dumping ground for rubbish,
trash, garbage, other waste or materials whether hazardous or non -
ha7i rdous. All such garbage, rubbish, trash and waste shall be kept in
approved sanitary containers.
B. No noxious or offensive activity shall be carried on upon any Lot, nor
shall anything be done thereon, which may or may become an annoyance
or nuisance to the neighborhood.
4. Easements.
A. Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat.
B. All lots are subject to drainage easements as shown on the recorded Plat.
C. All wetlands located within the recorded plat shall be subject to the
regulation of Valley Branch Watershed District, its assigns or successors
and any other governmental authority properly asserting its jurisdiction
over the recorded Plat, or any portion thereof.
D. Drainage easements shall be granted to the Town of Baytown which
cover land adjacent to the ponding areas up to their 100 year flood
elevation and which cover all ditches and storm sewers. The Town of
Baytown shall be responsible for all maintenance within drainage
easements.
5. Erosion Control Measures. Each lot contained in the recorded Plat shall be
subject to the following erosion control measures:
- 2
A. Each lot owner shall be responsible for installing and maintaining proper
erosion control and surface water drainage in accordance with the
approved grading and drainage plan in effect at the time.
B. Lots have been rough graded on a preliminary basis but the Declarant
shall have no further responsibility.
C. No material shall be sold or removed from any lot except for the purpose
of excavating for the construction or alteration of a structure on said lot
or appurtenance thereto, or for the proper grading thereof, except as
approved by the Architectural Control Committee.
6. Architectural Control Committee. The Architectural Control Committee is
composed of Violet E. Kern, Paul D. Dove and Bruce A. Folz., The Committee may designate
in writing a representative to act for it. In the event of death or resignation of any member of
the Committee, the remaining members shall have full authority to designate in writing a
successor. The Committee's approval or disapproval, as required in these Covenants shall be
in writing and, in the event the Committee or its designated representative fails to approve, or
disapprove within thirty (30) days after the required plans and specifications have been
submitted to it, approval will not be required and the related covenants shall be deemed to have
been fully complied with
7. Maintenance of parking and Access Areas, Landscaping in Compliance with
�►asys Ordinances and ate ulatio1xs.
A. All portions of each Lot used for parking and driveway purposes shall
be covered with blacktop or cement and maintained by the owner
thereof. No Lot shall be developed in excess of sixty -five percent (65 %)
impervious surface. Each owner shall refrain from landscaping a Lot in
such a manner as to divert water, snow and other such elements onto any
adjoining lot.
B. All lot owners shall procure all necessary permits for their intended
usage and shall comply with all federal, state and local laws and
regulations including township and watershed requirements.
8. Deeds. All deeds shall, where applicable, contain language giving notice that
the transfer is subject to drainage easements and wetlands regulations.
9. Enforcement If there should be a violation of or an attempt to violate any of
these covenants or restrictions, it shall be lawful for any other person or entity owning any
other Lot, the Valley Branch Watershed District, Town of Baytown, or the Declarant to
prosecute any proceeding at law or in equity against said person or entity violating or
3
attempting to violate any of the covenants, restrictions or provisions herein either to prevent
such violation or to recover damages or other compensation for such violation. Failure by any
party so entitled to enforce any right hereunder shall' not . be deemed a waiver of the right to
do so thereafter.
10. Severability. Invalidation of any . one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
IN WITNESS WHEREOF, the undersigned has caused these presence to be executed
as of the day and year first above written.
Z c »,
STATE OF )
) SS:
COUNTY OF r r" i 'c o ,
The foregoing instrument was acknowledged before me this — day of
, 1994 by VIOLET E. KERN, a single person.
THIS INSTRUMENT DRAFTED BY:
ARNOLD & MeD D WELL
5881 Cedar Lake Road
Mth eapolis, MN 55416
(612) 545 -9000
PDD13138\ 1- DECL.O1
4
Violet E. Kenn.
(-___ • Ve Wor
No 1 Public
t .ai+iL C1AL SEAL 1
i JULIA L. HORT�:. { `
` Notary Public • StW /3 of A
� �' z MARfCOPA COUNTY Cam. Expires SspL 18, 1D97
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, •
•
825979
01
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7 i DI DEC 13 I op ill
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NO pELINUtJENT TAXES AND TRANSFER ENTERED
WAStifNGTON COUNTY, MINNESOTA
R4-1. AU121T6R- TREASURER
t
k
R
CURRENT TAXE
R.H. STAFFoRD•SV
All of the following:
Access:
For and in consideration of the sum of
Temporary Easement:
.?9- SeD -97 WASHINGTON COUNTY No= 42430
Deed tax hereon of $20.05 Paid
MN Conservation Fund CS, 473H $5,00 Paid
P.H. STAFFORD. Auditor--xr =P _ :r by KATHLEEN
1
STATE DEED TAX DUE HEREON: $ a
Dated: /1 F" , 19 q 7
QUITCLAIM DEED
TOWN 0 AYTOWN
By
Page 1 of 2
Its Chair
SEP 9 S Q7 AH'S7
:;,94
C.S. '48214 (5 =45) 901
Parci `27F • ,
County of Washington Y
-�. 7 ---- Arf / 125 v Of � 7► Dollars ($ c' ),
Town of Baytown, a political subdivision of the State of Minnesota, Grantor, hereby conveys
and quitclaims to the State of Minnesota, Grantee, real property in Washington County,
Minnesota, described as follows:
That part of Outlot A, Kern Center 2nd Addition, shown as Parcel 226F on
Minnesota Department of Transportation Right-of Way Plats Numbered
82--80 and 82-81 as the same are on file and of record in the office of the
County Recorder in and for Washington County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 226F:
AB right of access as shown on said plats by the access restriction symbol.
A temporary easement for highway purposes as shown on said plats as to said
Parcel 226F by the temporary easement symbol, said easement shall cease on
December 1, 2002, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for
highway purposes.
together with all hereditaments and appurtenances belonging thereto. The Seller certifies
that the Seller does not know of any wells on the described real property.
And
po Its Clerk APPROVED
FOR ME COMMISSIONER OF TRANSPORTATION
94 1
OF?iCE OF
3OUHTY RECORDER
WASN1 TON ()CA;i TY
C OR. C 'F3 i. t� D hLNAG EMEK
•y
1 ■•
•
STATF,OF MINNESOTA
COUNTY OF WASHINGTON
The fore doing instrument was acknowledged before me this 1 1 day of
� � � y
19. 97 1 by iawtiL,LJ a V and
Pill 4 . Sr c.1 , the Chair and the Clerk of the Town of Baytown, a
political subdivision of the State of Minnesota, on behalf of the town.
DAVID TARY PUBLIC � N
WASHINGTON COUP
kity Cam, EA*** Jon, 31, 2000
irowww wwwwwevoNv
This instrument was drafted by the
State of Minnesota, Department of
Transportation, RAW Legal and
Real Estate Conveyance Unit,
St. Paul, Minnesota 55155
R33461 0.09w
) ss.
NOTARY PUBVC
My Commission Expires:
. �; : r':i :..•.. _ Page 2 of 2
w ". ;-';1•? 7 r''T , T•{ t.LSt`r4�t,�l
Send tax statements to Grantee:
State of Minnesota
Department of Transportation
Mailstop 631 (DP)
395 John Ireland Blvd.
St Paul MN 55155
wry
94456::
AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
11
11
3094151
11
THIS DECLARATION made this day of 44;77 999
b
y
the undersigned (hereinafter jointly called "Declarant ").
RECITALS
WHEREAS, Declarant is the owner in fee of the following
described property located in Washington County, Minnesota, to wit:
Lots 1 -7 inclusive plus Outlot A, Block 1, and
Lots 1.10 inclusive, Block 2, all in Kern
Center 2nd Addition, according to the plat thereof
on file and of record in the office of the Washington
County Recorder,
which shall hereinafter be referred to as "Lots "; and
WHEREAS, the lots are currently subject to a Declaration of
Covenants, Conditions and Restrictions dated October 21, 1994, and
recorded December 13, 1994, as Document No. 825979, in the office
of the Washington County Recorder; and
WHEREAS, Declarant desires to amend certain of the said
Covenants, Conditions and Restrictions for the benefit of said
premises and each and every lot described therein.
AMENDMENTS
NOW THEREFORE, Declarant does hereby amend the Declaration of
Covenants, Conditions and Restrictions recorded as Document No.
825979, which amendment shall run with the lots and bind all
persons or entities of any form or nature who now or hereafter have
any right, title or interest in the lots and the benefit of which
shall run With the benefited lots and inure to the benefit of all
persons who now or hereafter have any right, title or interest in
said lots.
1 . The force and effect of the covenants set forth in
Paragraph 1 (A) and 7 (B) of the Declaration of Covenants, Conditions
and Restrictions recorded as Document No. .825979, shall be
suspended as to Lots 1 and 2, Block 2, Kern's Center 2nd Addition
so long as the United States Postal Service, a statutory successor,
or the United States of America (including one of its departments,
agencies or statutory entities) own said lots.
2. As to all of the lots, Paragraph 7(A) shall be amended by
deleting the second sentence of said Paragraph which provides that,
"No lot shall be developed in excess of 55 impervious surface."
3. Except as amended herein all other provisions of the
Declaration of Covenants, Conditions and Restrictions dated October
21, 1994, recorded December 13, 1994, as Document No. 825979, in
the office of the Washington County Recorder shall remain in full
force and effect.
LOTS FEE OWNER
KERN CENTER
2ND ADDITION
Lot 1, ]dock 1 Violet E. Kern
Lot 2, Block 1 Violet E. Kern
Lot 3, Block 1 R.J. Amusements, Inc.
Lot 4, Block 1 Stillwater West, LLC
Lot 5, Block 1 John Low & Associates,
Inc.
Lot 6, Block 1 ALK, Minnesota
Partnership
CONTRACT FOR
DEED VENDEE
Oak Park, LLC
Lot 7, Block 1
Outlot A
Lot 1, Block 2
Lot 2, Block 2
Lot 3, Block 2
Lot 4, Block 2
Lot 5, Block 2
Lot 6, Block 2
Lot 7, Block 2
Lots, 8, 9 & 10
Block 2
Frederick L. Kemper
Jacqueline D. Kemper
Town of Baytown
St. Croix West
Holdings, .LLC
St. Croix West
Holdings, LLC
Violet E. Kern St. Croix West
Holdings, LLC
Violet E. Kern
W.A.T.E. Enterprises, Inc.
W. A. T . E . Enterprises, Inc.
Stillwater West, LLC
Secure Mini Storage
Limited Partnership
IN WITNESS WHEREOF, the parties hereto have caused these
presence to be executed as of the day a year set forth above.
Violet E. Kern
R. J. Amusements, Inc.
By:
Itsily4r
Stillw er West, LLC
By:
Its
By; y.
Its
1
John Low & Ass sates, Inc.
ALK, Minnesota Partnership
1 ..'' .'
By:
Its rtne.l. L'
ARIZONA,
STATE OF E & )
}
COUNTY OF
MARICOPA
(Notarial Seal)
ss.
jj OFFICIAL. SgAL
LISA J, KILLER
NOTARY PUBLIC- ARIZONA
MARICORA COUNTY �
My Comm. Expires Aug. 4, 2003 [1
Oak Park, LLC
By:
r f .
Fr L. KOrtper
By:
line D. Kemper
Town of Baytown
/ / /!; Z-Zi4
By:
Brian H. Nichols
Its Chairman
W.A,T. . Enterprises
By: t
Its
Secure Mini Storage
Limited Pa tnership
IC
St. Croix West 5 ldings, LLC
By:
c _
Its' . �• � t� -.
Inc.
On this [S day of )c-v , 1999, before me, a
Notary Public within and for said County and State, personally
appeared Violet E. Kern, a single person, to me personally known,
who, being by me duly sworn, did say that she signed said
instrument as her own free act and deed.
'N n
ehla
STATE OF MINNESOTA )
} ss.
COUNTY OF WASHINGTON }
, On this 1/ day of e q'.` , 1999, before me a
Notary Public within and for said County and State, personally
appeared Frederick L. Kemper and Jacqueline D. Kemper, husband and
wife, to me personally known, who, being by me duly sworn, did say
that he signed said instrument as his own free ao and ■ -• ed
(Notarial Seal)
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON }
No t o Public
On this 2, of --� 7� 1999, before me
me, a Notary
Public within and for said County and State, personally appeared
"; 0 iv t, � , to me personally . known, who, being by me
duly sworn, did say that (s) he is the C-iit. ��f itiffA---t of Oak
Park LLC; the Minnesota limited liability compannj named in the
foregoing instrument, and that said instrument was signed on behalf
of said company by authority of its members and
- 3 - c•6 a ' Z.- & ca.- acknowledged said instrument to be the free
act and deed of said company.
(Notarial Seal)
Not ry ublic
•
ROBERT O. BRIGGS
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1.31.2000
ROBERT G. BRIGGS
NOTARY PU0LiC JNESOTA
MY COMMISSION EXPIRES 1. 31.2000
STATE OF MINNESOTA }
) ss.
COUNTY OF WASHINGTON }
On this 27 day of �- 1T , 1999, before me, a Notary within and for said Count and State, personally ly appeared
ona7 d
� ��- who, �� ��•��' to me personally 7 p Y kno n, wo, being by me
duly sworn, did say that (s)he is the p.e' f of St
Croix West Holdings, LLC, the Minnesota limited l iaOl l i ty company,
named in the foregoing instrument, and that said instrument was
signed on behalf of said company . by authority of its members and
�C.247/t Lt>~t, acknowledged said instrument to be the free
act and deed of said company.
(Notarial Seal)
i: ROBERT G. BRIGGS.
#'a , NOTARY r MUG- MINNESOTA
k; `` • my COLf`c11SSICA E1PIRES 1414001
1.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
on this /day of Oc 1999 before me a Nota ; , 1999, me, Notary
Public within and for said County and State, personally appeared
to me personally known., who, being by me
duly sworn, did say that (s) he is the /1'5? of R. J.
Amusements, Inc., a Minnesota corporation, the corporation named in
the foregoing instrument, and that said instrument was signed on
behalf of said corporation by authority of its Board of Directors
and ;Es-e rc)hc/c4t acknowledged said instr F---nt to be the
free act and ,deed of said corporation.
(Notarial Seal)
ROBERT CI, BRIGGS
STATE OF MINNESOTA N D TA �YPU� l1C 1, t 1, Ih 11:5OTe1 00- —' MY OO1«� k1i56ECt�EKP1s1>~S 1.36.7
COUNTY OF WASHINGTON )
On
this day of , 199 before me, a Notary
Public within and for said County and State, personally appeared
, to me personally known who, being by me
duly sworn, did slay that (s) he is the 6/7,e.:1 o f
Stillwater West, LLC, a Minnesota limited liability cothpany, the
company named in the foregoing instrument, and that said instrument
was signe o behalf of said company by authority of its members
and 4( • , 1 a. -ma c. acknowledged said instrument to be the
free act and deed of saki company.
(Notarial Seal)
(Notarial Seal)
Notary blic
Notar lublic
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON )
On this - day of .. - ' , 1999, before me, a Notary
Public within and for said Coup and State, personally appeared
County f p y PP
J ;(i,v z- , to me personal l known, who, being by me
duly sworn, did say that (s) he is the `'(1 FS t aye. _4 of John
Low and Associates, Inc., the corporation named in the foregoing
instrument, and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors and
` . /) 4- c, • acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public ,
ROBERT G. BRIGGS
NOTA13Y PU +6.1C•MINNESOTA
AV''' MY MA!•if S1Ot-1 EXPIRES I -31 -2000
�;:`,.•
ROBERT G. RRlGGS
z1 - ) NOTARY P�
J�3I.1C•k ;1► #,,TEST,;; A
1+ 4Y COMMISSION E PrilES 14)1.250
STATE OF MINNESOTA }
} ss.
COUNTY OF WASHINGTON }
On this /I day of v G • , 1999, before me, a N
r r Notary
Public within and for said County and State, personally appeared
>Lc((- . X12# , to me personally known, who, being by me
duly sworn, did say that (s) he is the i.4-; --i t. of AL
a Minnesota partnership, the partnership named in the foregoing
instrument, and that said instrument was signed o behalf of said
partnership by authority of its partners and A € - t L. -rte i—
acknowledged said instrument to be the free act and d deed of said
partnership.
(Notarial Seal)
STATE OF MINNESOTA
) ss,
COUNTY OF WASHINGTON }
(Notarial Seal)
(Notarial Seal)
1
ROBERT G. BRIGGS
NOTARY PUBLIC - MINNESOTA
PAY COMMISSION EXPIRES 1 -31 -2000
On this __ day of \)U( , 1999, before me, a Notary
Public within and for said County and State, personally appeared
Brian H. Nichols , to me personally known, who, being by me
duly sworn, did say that (s) he is the C hairman of Town
of Baytown, the municipal corporation named in the foregoing
instrument, and that said instrument was signed on behalf of said
corporation and Brian H. Nichol. acknowledged said instrument
to be the free act and deed of said corporation.
UVo, et)c-
ma
maw Nar.iam:-1
tot. • „ : Fs a - MI M ate. 41, MS
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON )
'
f6
On this j ? clay of _ , 1999, before me, a Notary
Public within and for said County and State, personally appeared
to me personally known, who, being by me
duly sworn, did say that (s) he is the y . . o f
W.A. T . E . Enterprises, Inc., the corporation named in l the foregoing
instrument, and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors and
acknowledged said instrument to be the free
act and deed of said corporation.
,rte i• rr ■ �' . ^ .lf r : �•""
Notary' Pu Sic
ROBERT G. BRIGGS
NOTARY PUBLIC•MOJ0ESOTA
MYCOIr 1 MSSIOs0 EXPIRES 141.2000
2 �:��Q�:
laltAiae UR| §' Ai
:dQ2
i t *r
•
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON }
On this day of , 1999, before me, a Notary
Public within 'and for said County and State, personally appeared
f /7r -0 1 2 (- fi 6- , to me personally known f who , b9#5 by me
duly sworn, did say that (s)he is the Ce of
W.A.T.E. Enterprises, Inc., the corporation named in the foregoing
instrument, and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors and
4 ( (( ,, 2- --rC.. acknowledged said instrument to be the free
act and deed of said corporation.
(Notarial Seal)
) ss.
COUNTY OF WASHINGTON }
On this da y of
STATE OF MINNESOTA
1999, before me, a Notary
P blic within and for said County and State, personally appeared
1 cwt. 0 L r 1 to me personally known, who , being by me
duly - orn, did say that (s)he is the ' 41,- . o f
Secure Mini Storage, the Limited Partnership named in the
foregoing instrument, and that said instrument was signed on
behalf of 'said Limited Partnership by authority of its Partners
an d / 4-.4.„-rt4-1., C---- c.-j acknowledged said instrument to be the
free act an deed of said Limited Partnership. ,,,
~. :_ •
ROBERT G. BR!GCSota •ublic
s NESOTA
my � FI
Comisskm Expires . 31, 24X5
Notar blic
(Notarial Seal) T ► ' RO #T G, BRIGGS
J NOTARY PUBLIC-MINNESOTA l
It; ; }' aofiniiilori Expires ►fart. 3
This instrument was drafted by:
Robert O. Briggs
Eckberg, Lammers, Briggs,
Wolff & Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
id_ 115 1
Office of the
County Recorder
Washington County, MN
Certllled lILed and/or recorded en:;
2000/02/25 1 :54 :00 PM
3094151
N 51 )
hG
No delinquent taxes and
of Real Estate Value
Certific^t
date
by
Molly F 4! Roark; AUdito - msur'ir
Auditor
DEED TAX DUE 'HEREON: $ 4 b
Date: 1 , 2002
FOR VALUABLE CONSIDERATION, Town of Baytown, a political sub.di ' .
State of Minnesota, Washington County, Grantor, hereby conve s and u i vs
of the
Enterprises, Inc,, a Minnesota corporation, Grantees y � � tclaims� to `W :A.:T.E.
.� � ,real property in Washington,: County,
Minnesota, described as follows:
Outlot A, Kenn Center 2nd Addition, except for that part of Outlot A, Kern Center
2nd Addition, shown as Parcel 226F on Minnesota Departm of Transportation
Right of Way Plats Numbered 82-80 and 82-81 as the same are on file p
record in the office of the County Recorder in a ale and of
y and for Washington County,
Minnesota; subject to all easements of record
together with all hereditaments and appurtenances belonging thereto.
The total consideration for this transfer of property is $500,00 or less.
The seller knows of no wells on the property.
1 COUNTY
Receipt No:151 368 Date: 1/10/02
Deed tax hereon of $1.65 Paid
MN Conservation Fund M.S. 473H $5.00 Paid
Molly F. O'Rourke, Auditor by CAFrans
STATE OF MINNESOTA
COUNTY OF WASHINGTON
The foregoing instrument acknowledged before me this 7 day of t P` ..
by Kent Grandli•enard and Pauline Huonder, the Chair and Clerk, res ecti6 y 2 n o
Baytown, a Minnesota municipal corporation, on behalf of the � p ' of the TD�'z� of
_ municipal corporation, Grantor.
F J =I.r - -pa'. � �' + ' .:ice ��.r.'rvs',. . ... .
% ( ' P CHARLES F. ROBERTSON ,,}i
yf I` `• NOTARY PUBLIC - MINNESOTA { '1
1 4 li•. My 0omni;:3slon Expires plan, 31, 2005
transfer entered; Certificat
) filed ( ) not required
V2llus No. _
, 7-? , Imo.
QUIT CLAIM DEED
) ss
T-IIS 'INSTRUMENT WAS DRAFTED BY
David T. Magnuson ( #66400)
Magnuson Law Firm
333 North Main Street, Suite 202
P.O. Box 438
Stillwater, MN 55082
651/439-9464
•
TO )F : AYT
Kin Grandlienard, Its Ch.zr
And,,
Pauline Huonder, Its Clerk
Notary Public
i( fq), S R 5LeT :°
: Tax Statements for the real property described
in this instrument should be sent to:
W.A.T.E. Enterprises, Inc.
11255 North 50th Street
'Lake Elmo, MN 55042
ids
1
1
11
3207740
lull
11
11
3207740
Office of the
County Recorder
Washington county, MN
Certified flied andlur recorded an
2002/01/10 7.44.00 AIVI
Cindy KOOSmC n
COLA Recoider
111