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HomeMy WebLinkAbout25-0162IM �(J �5 County Use Only: Return to: b tY Y: 117E 51' Street, PO Boo Bayiield County PI ni n g tN ent submission#: �.U-OIS6Z.Washburn, WI 54891 LANDUSE RMITe#P-, t A permit #: %S' Permits0i vrieldcountv.wi.¢ov INK [ h (li7 Date: WWLb SavfiBld nr, 7�. it ., n....r SECTION A: Generallnformation Property Owner Name: MO IS,CABIN TRUST Authorized Agent Name (if applicable): William Kleiner Telephone Number: Telephone Number: 651-634-0313 763-477-1962 .. E-Mail Address: E-Mail Address: Jtkmonissey88@gmall.com Into@drif lessdesignbuild.com Mailing Address: Mailing Address: 1980 CO B RD W 49465 Maple Grove Rd. City, State, Zip: City, State, Zip: Roseville, MN 55113 Drummond, WI 54832 Contractor: Telephone Number: E-Mail Address: Will Kleiner- Driftless Design Build 763-477-1962 info@Driftlessdesignbuild.com ,.SECTION B: Property Information s Project Address (ifdiffercnt Donn mailing address): 21730 Blueberry Ln. Cornucopia, WI 54827 Legal Description (if additional space is needed attach a separate sheet): LOT 11 IN GOVT LOT 2 IN V.1151 P.255 480J (MORRISSEY CABIN TRUST) IN DOC 2024R-604695 Section, Township, Range: Section 33 Township 51 Range 06 Town of: Bell Tax ID fl: lass Lot Size (Acres/Square Feet): 1.62 Acres SECTION C: Project Informafign heck:all that a 1 Project Use is: O Residential ❑ Commercial ❑ Municipal Project Type is: 21 New Construction ❑ Addition/Alteration (existing structure) ❑ Change Use (existing structure) ❑ Relocate (existing structure) ❑ RV Placement 2 1 + days ❑ Sign ❑ Establishing a Business ❑ Temporary (12 or less months) ❑ Shoreland Grading, Class A ❑ RV Placement 4+ months, Class A ❑ Other (describe): required Total sq ft): required SECTION D: Structure Information Does not apply to RVs and Signs, go to Section E) _ Structure Type is: ❑ Residence ❑ Principal Structure (describe): El Accessory Structure (describe): ❑ Shoreland Exempt Structure (describe): ❑ Mobile Home (provide manufactured Garage date): ❑ Shipping Container ❑ Other (describe): Foundation Type: ❑ Basement ❑ Walkout Basement O Slab ❑ Crawlspace ❑ Ground ❑ Skids ❑ Other (explain): Existing Structure: Length: - Width: - Height: w Proposed Structure (Provide Sq Ft based on outside dimensions, including unfinished areas, attached garages/above grade decks/porches): Basement Sq Ft: I" Floor Sq Ft: Loft Sq Ft: 2n4 Floor Sq Ft: 31d Floor Sq Ft: Garage Sq Ft: Porch Sq Ft: Deck Sq Ft: Other Sq Ft (describe): Other Sq Ft (describe): 1296 Total Sq Ft: 1296 77:Toverall Height (finished grade to peak): Garage -26' # of Stories: 1 Existing # of Bedrooms on property:NA Proposed # of Bedrooms in project: NA SECTION E: RV and Sint Information check all that apply) — Sign is: RV is: ❑ New ❑ Replacement ❑ New ❑ Replacement ❑ On -premise ❑ Off -premise ❑ 1-sided ❑ 2-sided Year: Vin #: ❑ On -building ❑ Multi -Tenant Length: Width: Height: Make: Model: 7fYJ0 SECTION -: Site Plan - attacFta site plan or draw site plan in box below (See pages I & 2 of Land Use Pennit Application Information,fnruifprrttati30RIM AP hired to be provided on site lam Show location of: O Driveways El Frontage Roads (include name) E Existing Structures El Well (W) ❑ Septic Tank (S"r) ❑ Drain Field (DF) El Holding Tank (HT) ❑LPrivy (LP) C' Lake ❑ River ❑Stream/Creek ❑Pond ❑Floodplain Wetlands ❑Slopes over 20% I` • 11` I � I �I` = v • 5 � e� ly ; K � -a W�.� o • • EXISTING - - - - I � I� , k I�k ly I� I� `v 30'-2 2" 6 Ifr� I I I I I n s--q" j8'-ss I/q' SYMBOLLEDGEND — — — — EROSION MITIGATION ♦ l i LWETI.Ps\iD Setback or distance from furthest extent of structure County Use Only including eaves and overhangs to (include on site plan): Verified setbacks Road Centerline 30' - 1&1/2" ft. 3 ft. Notes/Comments- 1 ff d 1 Front Lot Line/Right-of-Way 17'-6&1/2" ft. ft. Side Lot Line l orth❑East❑South❑West❑,check one ° ft. 30 -4Q n6i ft. Side Lot Line 2 ft. ft. orth❑East❑Southf7West❑ check one 30 _ n ^ �� of (ISa 5tG( - hV�tr. 1p Qp,hl� Rear Lot Line 576' ft. ft. lb" 4- e"46t �) IbaLl �J r Ott Septic/HoldingTank ft- 20'-10" M(,tntU t7j1 jp( vecxJ c-L r Drainfield ft. jtjoA ft. Privy ft. ft. Well 44' - 5" ft. 3 f ft. Existing Structure/Building 12' ft. Cft. Wetland 92' ft. ft. Elevation of Floodplain ft. ft. Ordinary High -Water Mark (OHWM) ft. ft. Other (describe) ft. ft. 0E G E � WE 0 n MAR ? ( M?l SECTION G: Additional Questions O Yes ❑ No Has the location of the proposed project including eaves and overh'imjs'and4he 4a6itaJ:ylsystem and well been staked? If no, what date will this be completed: ❑ Yes El No Did a licensed surveyor mark lot line(s) if project is within 10 feet of required setback? See page 2 of Land Use Application Information for required setbacks. ❑ Yes El No Did property owner or applicant mark lot line(s) if project is within 30 feet of required setback? See page 2 of Land Use Application Information for required setbacks. El Yes ❑ No Is there an existing sanitary system on the property? if yes, what kind? ❑ Drainfield El Holding Tank O Municipal/Public ❑ Other (describe): ❑ Yes El No Will pressurized water be installed in the structure? If yes, what kind of sanitary system will be installed or used to manage wastewater? ❑ Drainfield ❑ Holding Tank ❑ Municipal/Public ❑ Other (describe): ❑ Yes M No Will sleeping occur in the structure? If yes, contact local Uniform Dwelling Code (UDC) for approval and inspection requirements. Is the project associated with any of the following: ❑ Rezone ❑ Class A Special Use ❑ Class B Special Use ❑ Conditional Use ❑ Variance Fee payment will be made via: Fee Paid by contractor ❑ Check (attached) ❑ Cash (attached) El debit/credit/echeek (department to call once payment is ready to be taken) How would you like to receive your permit card? ❑ Mail to: OR O Email to: ❑ Property Owner Address ❑ Agent Address O Contractor Address ❑ Other (provide Name and Email or Address): info@driftlessdesignbuild.com Section H: Acknowledgement and Signature All Land Use Permits expire Two (2) Years from the date of issuance if construction or use has not begun. Sanitary Permit issuance, if required, needs to occur prior to Land Use Permit issuance. Failure to obtain a permit or starting construction without a permit will result in penalties. The local Town, Village, City, State or Federal agencies may also require permits. The new construction of one- & two-family dwellings requires review and approval by the local Uniform Dwelling Code (UDC) authority. Additions and alterations to one - and two-family dwellings may require review and approval by the UDC authority. All municipalities are required to enforce the UDC. If subject property is part of a Condominium Plat, applicant hereby certifies and represents that applicant has all necessary approvals and recorded documents required to complete the project for which this permit is sought including requirements set forth in Wisconsin statutes pertaining to condominium associations, the Declaration of the Condominium Association in which the property is located, and all other rules, regulations and requirements pertaining to that Condominium Association. You are responsible for complying with state and federal laws concerning construction near or on wetlands, lakes, and streams. Wetlands that are not associated with open water can be difficult to identify. Failure to comply may result in removal or modification of construction that violates the law or other penalties or costs. For more information, visit the Department of Natural Resources wetlands identification web page, drr.wi.eov/topic/wetlands, or contact a Department of Natural Resources service center(715)685-2900. I (we) declare that this application, including any accompanying information, has been examined by me (us) and to the best of my (our) knowledge and belief it is true, correct, and complete. I (we) acknowledge that I (we) am (are) responsible for the detail and accuracy of all information that I (we) are providing and that will be relied upon by Bayfield County in determining whether to issue a permit. I (we) further accept liability which may be a result of Bayfteld County relying on this information I (we) are providing in or with this application. I (we) consent to county officials charged with administering county ordinances to have access to the above -described property at any reasonable time for the purpose of inspection. Owner(s) or Authorized Agent Printed Name: w.. Owner(s) or Authorized Agent Signature AO,O Date: wee NOTES: 1. If you are signing on behalf of the owner(s) a letter of authorization must accompany this application. 2. Specific conditions/instructions may be stated on the face of the issued Land Use Permits. Owners, agents, & contractors must all be aware of permit details & conditions and permit card must be posted on property prior to start of project. vawFCl'6uEP DMMNC WDM , Whole Ceb�n Reeaalvn wlba a xy nYed[d �. Wd hoomtla36+Ce EnnehNy:ge. 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This Letter of Authorization is used to authorize a single property owner to act on behalf of multiple property owners or a designated agent to act on behalf of the property owner/s. If multiple property owners, each property owner must submit this signed letter. I, Jeremy Morrissey (property owner), authorize William Kleiner (authorized agent) to submit a Land Use Permit (Example: land use, special use, conditional use, rezone/map amendment, appeal, variance, text amendment, etc.) for the following described project (Example: construction of residence or other structure, short-term rental or other use change, etc.) New Construction and Addition application on my behalf for the following described property: LOT 11 IN GOVT LOT 2 IN V.1151 P.255480J Legal description of subject property: (MORRISSEY CABIN TRUST) IN DOC 2024R-604695 Address of subject property: 21730 Blueberry Ln Cornucopia WI 54827 4�e Si na re 1(�- Dated E� uI APR "r r %Ili MORRISSEY ESTATE REVOCABLE TRUSTy'eid v0 Zoning Dept. This Trust Agreement is made on August 1, 2024, between Jeremy T. Morrissey, of Ramsey County, Minnesota, personal representative of the estate of Jason John Morrissey on behalf of the minor children, Jack Bernard Morrissey and Maxwell Winston Morrissey ("Settlors") and Jeremy T. Morrissey, of Ramsey County, Minnesota, personal representative of the estate of Jason John Morrissey ("Trustee") in accordance with Court Order dated July 26, 2024. RECITALS 1. On October 2, 2023, Jason John Morrissey died. On January 16, 2024, Jeremy T. Morrissey was appointed Personal Representative of Jason John Morrissey's estate. Jason John Morissey's two children, Jack Bernard Morrissey and Maxwell Winston Morrissey, are the sole heirs of the estate. Pursuant to court order dated July 26, 2024, Jack Bernard Morrissey and Maxwell Winston Morrissey transfer their estate shares to this trust. This transfer is effectuated by the personal representative of the estate, Jeremy T. Morrissey, transferring the estate shares to the trust on behalf of Jack Bernard Morrissey and Maxwell Winston Morrissey, who are minors. 2. Jeremy T. Morrissey, as trustee, acknowledges the receipt of the estate shares to the Trust. 3. The parties agree that all property transferred or devised to the Trustee is to be administered and distributed as provided in this Agreement. 4. References in the singular to a Trustee include all Trustees empowered to act with respect to a Trust. ARTICLE ONE CREATION OF TRUST 1.1 Effect of Signature. By signing my name at the end of this Agreement, I am creating the Trust. The Trustee's signature indicates their willingness to act. 1.2 Purpose of Trust. I am establishing this Trust to hold only and all of the assets which the beneficiaries would otherwise receive from the Estate of Jason John Morrissey. The purpose of this Trust is to provide a less cumbersome vehicle to provide for the benefit of the beneficiaries, while also preserving the assets from future creditors. It is my intent that any assets held by this Trust shall be held separate from any assets which might be deemed the marital assets of the beneficiaries and any future spouse they might have. 1.3 Contents of the Trust. The assets of this Trust consist of all assets that would otherwise be received by the beneficiaries as part of their beneficial interest in the estate of Jason John Morrissey. The Trust shall also hold, manage, and distribute any income, sale proceeds, or assets derived from assets which have been transferred to the Trust. 1.4 Ownership Designation. The ownership designation to be used on assets transferred to this Trust is: Jeremy T. Morrissey, Trustee of the Morrissey Estate Revocable Trust dated August 1, 2024, as amended, and their successors. 1.5 Beneficiary Designation. The beneficiary designation for assets and benefits payable to the TrIne st dilnv�dacpv Rclnip ApunnnhTp Tro,el 1 upon my death is: The Trustee of the Morrissey Estate Revocable Trust dated August 1, 2024, as amended. 1.6 Reservation of Rights. I reserve the following rights, to be exercised (except as otherwise specified) without the consent or participation of any other person. Unless I am incapacitated, I may exercise the following rights: 1.6.1 To amend, in whole or in part, or to revoke this trust by a writing delivered to my trustees. My right to amend or revoke the trust is subject court approval. 1.6.2 To receive accounts from the Trustee (or the Personal Representative of any deceased Trustee). My approval of these accounts by writings delivered to a Trustee other than myself shall cover all transactions disclosed in these accounts and shall be binding and conclusive as to all persons. The right to receive and approve accounts is personal to me and may not be exercised by my attorney -in -fact. 1.6.3 To direct the Trustee as to the retention, acquisition, or disposition of any Trust Assets by a writing delivered to the Trustee. Any assets retained or acquired pursuant to such directions shall be retained as a part of the Trust Estate unless I otherwise direct in a like writing so delivered. 1.6.4 To add any other property by transferring such property to the Trustee. The Trustee shall administer and distribute any such property as if it had been a part of the original Trust Estate. ARTICLI'1 TWO TRUST ADMINISTRATION 2.1 Trust Beneficiaries. The beneficiaries of the Morrissey Estate Revocable Trust are: Jack Bernard Morrissey, born September 23, 2008, and Maxwell Winston Morrissey, born February 14, 2011 The beneficiaries, Jack Bernard Morrissey and Maxwell Winston Morrissey, are collectively referred to herein as The Morrissey Children. 2.2 Distributions to Beneficiaries. 2.2.1 Trustee shall segregate the real estate assets owned by the host, and a portion of financial assets necessary to maintain the real estate until the youngest child reaches age thirty-five (35) into a separate trust, which shall be referred to herein as the Morrissey Cabin Trust. The Trustee shall meet with a financial planner to estimate the assets needed to maintain the real estate and shall follow the financial planner's recommendation. The Trustee shall divide the remaining trust assets into equal shares, one for each child, which shall be referred to herein as the Morrissey Children Individual Trusts. 2.2.1.1 The Morrissey Children Individual Trusts shall be administered and distributed as a separate trust as follows: 2.2.1.1.1 The Trustee shalt distribute such portions of the income and principal of the Trust to the child as the Trustee, other than any beneficiary, deems advisable to provide for the child's health, education, maintenance and support. The Trust assets may be specifically used for one-time large expenses, including but not limited to, the child's post -secondary schooling costs, or a down -payment on the purchase of a home. Subject to these distribution stan ards, 2 W Mon issev 'state Revocable Dust 1?1Ytials the Trustee, other than any beneficiary, may determine that no distribution shall be made to one or more of my children. 2.2.1.1.2 When the child attains age twenty-one (21) the child may withdraw up to one-third (1/3) of the Trust Assets by delivering to the Trustee a written request for the assets withdrawn. When the child attains age thirty (30), the child may withdraw up to one-third (V3) (which will be the remaining one-half (%Z)) of the Trust Assets by delivering to the Trustee a written request for the assets withdrawn. When the child has reached the age of thirty-five (35), the child may withdraw up to one-third (%) (which will be the remainder) of the Trust Assets by delivering to the Trustee a written request for the assets withdrawn. 2.2.1.2 The Morrissey Cabin Trust shall be administered and distributed as a separate trust as follows: 2.2.1.2.1 The Trustee shall hold the real estate trust assets in a separate trust for the benefit of The Morrissey Children. The Trustee shall utilize the financial assets reserved for the real estate within the separate trust to maintain the Trust real estate, including but is not limited to, taxes, utilities and repairs for any real estate owned by the Trust. 2.2.1.2.2 If there are insufficient financial assets reserved for the maintenance of trust real estate, The Morrissey Children Individual Trusts shall contribute to the maintenance of the real estate equally, with each trust paying one-half of each obligation directly. 2.2.1.2.3 When the youngest child attains age thirty-five (35) either child may direct the trust real estate be distributed to The Morrissey Children outright as tenants in common. Once the trust real estate has been distributed to The Morrissey Children, the financial assets held to maintain the trust real estate shall be divided between The Morrissey Children equally. If there is only one -surviving child, the trust real estate and financial assets held to maintain the trust real estate shall be distributed to the surviving child alone. 2.2.2 Any inherited retirement assets shall be divided between the Morrissey Children individual Trusts equally, such that they ultimately are distributed one-half to Jack Bernard Morrissey and Maxwell Winston Morrissey. All inherited retirement assets shall be utilized for the benefit of Jack Bernard Morrissey acid Maxwell Winston Morrissey within the time limits proscribed by the Internal Revenue Code to maximize the tax benefit to The Morrissey Children. 2.2.3 If a child dies before the termination of the Morrissey Estate Revocable Trust, the Trustee shall distribute the Morrissey Estate Revocable Trust assets as provided above, except that the deceased child's share shall be distributed to the child's descendants, if any, per stirpes. If the deceased child has no descendants, then the Morrissey Estate Revocable Trust shall be distributed to the surviving child, 2.2.41f neither of The Morrissey Children survive what would have been Maxwell Morrissey's thirty-fifth (35) birthday had he survived, then the Morrissey Estate Revocable Trust assets shall be distributed upon the second -to -die child's death, to the estate of each of the Morrissey Children equally. ARTICLE THREE TRUSTEE SELECTION 3. The Trustee shall be appointed, removed and replaced as follows: 3.1 Unless incapacitated, I, Jeremy T. Morrissey, shall serve as sole Trustee. I reserve the power to remove any Trustee and to appoint a successor or additional Trustee, but may only do so with court app oval. 3 RWnri-kn, » Fvtntp Mounnnhho 73-int. 7 Ytialc 3.2 If I am incapacitated, I shall cease to be Trustee. 3.3 Upon my death or incapacity: 3.3.1 I appoint the decedent's mother, The Minor Children's grandmother, Sandra Morrissey, as Trustee. 3.3.4 If at any time after I die or become incapacitated there is no Trustee acting or appointed to act, the court shall appoint a successor Trustee. 3.4 When either Jack Morrissey or Maxwell Morrissey reach the age of thirty-five (35), said child may become the sole trustee of their respective separate trust. ARTICLE FOUR FIDUCIARY PROVISIONS 4. The Trustee may exercise the powers given to the Trustee during the term of any trust and during such time after the termination of any test as is reasonably necessary to distribute the Trust Assets. The exercise of the Trustee's power is subject to the fiduciary duties prescribed in Minnesota Statute section 501C.81 (2015). 4.1 Dispositive Powers. I give to the Trustee the following dispositive powers: 4.1.1 Merger of Ti usts. The Trustee may merge the assets of any trust with those of any other trust, by whomever created, having the same beneficiaries and substantially the same terms, and if there is disparity in the maximum duration of the Trusts so merged, the shortest maximrun duration shall control. 4.1.2 Termination. The Trustee may, with prior court approval, terminate any trust at any time after determining that: 4.1.2.1 The Twist is no longer economical to administer; or 4.1.2.2 The Trust is otherwise inadvisable to administer as a Trust; or 4.1.2.3 Termination is in the best interest of the Beneficiary for whom the Trust was created. 4.1.2.4 The Trustee shall not terminate a trust if termination would result in the property's being made available to creditors who have a current claim against the Beneficiary or to any governmental agency that has a claim (including a potential claim for reimbursement against the Beneficiary) or would prevent an existing bequest from qualifying (or continuing to qualify) for the or charitable deduction, or would cause the revocation of an S corporation election, or would impair a Beneficiary's unexercised right of withdrawal that has not yet lapsed, or would impair special use valuation under Internal Revenue Code section 2032A, the qualified family business deduction under Internal Revenue Code section 2057, or similar tax benefits under any state law. 4.2 Administrative Powers. 1 give to the Trustee all of the powers enumerated in Minnesota Statutes section 501C.81 (2015) (which constitutes a part of the Minnesota Trustees' Powers Act) and, to the extent not authorized by the foregoing, the following administrative powers: 4.2.1 all powers over the trust property which an unmarried competent owner has over individually owned property; 4.2.2 all powers appropriate to achieve the proper investment, management, and distribution of the trust property; ' 4 Monrissev .Estate Revocable Trust t^ In1 tials 4.2.3 collect trust property and accept or reject additions to the trust property from a settlor or another person; 4.2.4 acquire or sell property, for cash or on credit, at public or private sale; 4.2.5 exchange, partition, or otherwise change the character of trust property; 4.2.6 deposit trust money in an account in a regulated financial service institution; 4.2.7 borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust; 4.2.8 with respect to an interest in a preexisting or newly created joint venture, proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise, or create a new business or other enterprise, even though such business or enterprise may exist for a period extending beyond the duration of the trust, and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital; 4.2.9 with respect to stocks or other securities, exercise the rights of an absolute owner, including the right to: 4.2.9.1 vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement; 4.2.9.2 hold a security in the naive of a nominee or in other form without disclosure of the trust so that title may pass by delivery; 4.2.9.3 pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and 4.2.9.4 deposit the securities with a depository or other regulated financial service institution. 4.2.10 with respect to an interest in real property, construct or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats -and adjust boundaries; 4.2.11 enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust; 4.2.12 grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired; 4.2.13 insure the property of the trust against damage or loss, and insure the trustee and the trustee's agents and beneficiaries against liability arising from the administration of the trust; 4.2.14 abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration; 4.2.15 with respect to possible liability for violation of environmental law: 4.2.15.1 inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purposd of determining the application of environmental law with respect to the property; r...ti.in Dm.n,nn%%n 71msenf AhtfW a 4.2.15.2 take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement; 4.2.15.3 decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law; 4.2.15.4 compromise claims against the trust which may be asserted for an alleged violation of environmental la-sv; and 4.2.15.5 pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law. 4.2.16 pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust; 4.2.17 pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the mist; 4.2.18 exercise elections or choose not to exercise elections with respect to federal, state, and local taxes; 4.2.19 select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds; 4.2.20 make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans; . 4.2.21 appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed; 4.2.22 pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary's benefit, or by: 4.2.22.1 paying it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian; 4.2.22.2 paying it to the beneficiary's custodian under chapter 527, the Uniform Transfers to Minors Act, or to the custodial trustee under chapter 529, the Uniform Custodial Trust Act, and, for that purpose, creating a custodianship or custodial trust; 4.2.22.3 if the trustee does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an attorney -in -fact, an adult relative, or another person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary's behalf; or 4.2.22.4 managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution. 4.2.23 on distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation; 4.2.24 resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution; 6 V--' Mnf-H.e.9 v potato Rvunrnhly 71-int h itiah 4.2.25 prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties; 4.2.26 enter into contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's power; 4.2.27 on ternnination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it; 4.2.28 acquire an undivided interest in a trust asset in which the trustee, in a trust capacity, holds an undivided interest; 4.2.29 create reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties; 4.2.34 hold two or more Lusts or parts of trusts created by the same instrument, as an undivided whole, without separation between the trusts or parts of trusts, if the separate trusts or parts of tests have undivided interests and if no holding defers the vesting of an estate in possession or otherwise; 4.2.31 create or join in the creation of a joint venture, partnership, limited liability company, business trust, corporation, or other form. of business or enterprise, continue the business or other enterprise, and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital; and 4.2.32 with respect to all trust property, hold the property in the name of a nominee without disclosure of the trust. 4.3 Additional Provisions. 4.3.1 Compensation. An individual Trustee is entitled to reasonable compensation for services and to reimbursement of reasonable out-of-pocket expenses. A Professional Trustee is entitled to reimbursement for expenses and fees in accordance with its most recently published fee schedule unless it has agreed to a specific fee schedule prior to signing its acceptance of Trust. The Trustee shall notify the qualified Trust Beneficiaries in advance of any change in the method or rate of the Trustee's compensation. 4.3.2 Release of Medical information. Any Trustee or successor Trustee who accepts this Trust authorizes the release by any health care provider to a nominated successor Trustee of all 'health information and medical records as needed to make a medical determination of incapacity as described above. This shall specifically include any written opinion relating to the Trustee's incapacity that the person so nominated may have requested. This release authority applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 (commonly known as "HIPAA" ) and similar medical record privacy acts. 4.3.3 Trustee Appohitment and Removal Procedures. The following provisions shall apply to the appointment, removal and succession of a Trustee: 4.3.3.1 E.temise of Pouwr to Appoint. Any power to appoint a co -Trustee or successor Trustee under this Agreement shall be exercised by written instrument delivered to the person or entity appointed. 4.3.3.2 Removal of Diistee. To effect the removal of a Trustee, the person entitled to remove the Trustee shall either deliver to such Trustee a written instrument stating that such removal is made, or mail such instrument to such Trustee's last known business address by registered or certified mail, return receipt 7 J wJ . x.�......:........ �...,..,. n,.....,.,.�:,. �rt.....� r UP"7C. requested. After such delivery or mailing, a removed Trustee shall have no further duties, other than to account, and shall not be liable or responsible for the acts of any successor Trustee. 4.3.3.3 Acceptance of Tlusteeship. The appointment of any person or entity eligible to act as a co -Trustee or successor Trustee shall become effective only if the appointee's written acceptance of the appointment and trusteeship is delivered to the then acting Trustee, or, if no Trustee is then acting, to (i) the person or persons who exercised the power to make the appointment, or (ii) if the appointee was named in this Agreement, to the adult Beneficiaries then eligible to receive income or principal from the Trust and to the parent, Guardian or Conservator of each minor Beneficiary so eligible. A successor Trustee shall, upon acceptance, succeed to the preceding Trustee's title to the Trust Agsets. 4.3.3.4 Resignation Right. Any Trustee may resign at any time by delivering a written resignation to those entitled to appoint a Trustee. The resignation shall be effective sixty days after the date of delivery of the resignation, or upon the earlier appointment of a successor Trustee. After the resignation becomes effective, the Trustee shall have no fiirther duties, other than to account, and shall not be liable for the acts of any successor Trustee. 4.3.4 Custody of Assets. If a corporate Trustee is serving, it shall have custody of all assets, handle receipts and disbursements, and prepare accountings. 4.3.4 Income at Termination. Except to the extent that such income is expressly made subject to a sole income Beneficiary's general power of appointment, any accrued or undistributed income at the termination of a trust with a sole income Beneficiary shall be distributed to such Beneficiary, or if the Beneficiary has died, to the Beneficiary's estate; in all other cases such income shall be added to principal. 4.3.5 Income Required to be Distributed. Income required to be distributed fiom a trust shall be distributed at least annually or in such more frequent installments as are convenient. Income from my probate estate or income earned prior to the funding of a host that is distributable to such trust, including income from property used to discharge liabilities, shall be distributed to the income Beneficiary of such trust. 4.3.6 Annual Reports. Tine Trustee shall provide a statement of account to the beneficiaries on an annual basis. Except as provided above, if any account recipient is a minor or other%vise incapacitated, delivery shall be made to his designated agent, to the conservator of his estate, or, if none, then to his parent or an adult with whom he is living. The statement of account shall be provided annually after the end of each tax year, and on termination of the Trust. The statement of account shall include a list of the Trust assets in the Trustee's possession and, if feasible, their respective market values, a list of any outstanding liabilities, and a statement of all receipts and disbursements during the period covered by the account, including the source and amount of the Trustee's compensation. It may also inform the trust beneficiaries that a proceeding against the Trustee for breach of heist must be brought within one year after delivery of the statement of account. 4.3.7 Binding Effect. The Trustee's annual accounting, including fees and expenses reflected in it, shall be binding on any person (and that peison's successors) to whom it is sent unless a written objection is received by the Trustee within ninety (90) days after receipt of the accounting by the beneficiary. A living parent, guardian or other person having physical custody of the beneficiary may act for a minor or legally incapacitated beneficiary in approving or disapproving the accountings. The Trustee is also authorized to file an accounting with a court of competent jurisdiction at any time. Reasonable attorneys' fees and expenses related to this judicial proceeding may be charged against the Trust. 8 Jlifn�•ri000�� Tr'c�trrto �ounrnlslo Ti•rrct Litylld-V ARTICLE FIVE GENERAL GOVERNING PROVISIONS 5. In applying the provisions of this Agreement, the following shall govern: 5.1 Definitions. 5.1.1 "Descendants" means an individual related to the designated ancestor by lineal descent in any degree. An individual will be considered to be related by lineal descent only if connected by an unbroken chain of parent -child relationships in which: 5.1.1.1 the child has been legally adopted by the parent; or 5,1.1.2 the parent is a female; or 5.1.1.3 the parent is a male: (a) who is married to the child's female parent at the time of such child's conception or birth; or (b) who married the child's female parent after such child's birth; or (c) whose marriage to the child's female parent is subsequently declared invalid; or (d) who acknowledged in writing that the child is his biological child; provided, that a parent -child relationship with a person otherwise considered the child's parent will be deemed to be broken by the legal adoption of the child by any person other than the spouse of such parent or after such parent's death by the subsequent spouse of the surviving parent. 5.1.2 "Per stirpes" means in equal shares among living children of the person whose descendants are referred to and the descendants (taken collectively) of each deceased child of such person, with such deceased child's descendants taking by right of representation the share of such deceased child. 5.1.3 "Surviving," with respect to any person means that if such person dies within 120 hours after my death, such person shall be deemed not to have survived me. A person in gestation at the time of an event, who is later born alive and survives for 120 hours is "living" or "surviving" at the time of such event. 5.1.4 "Trustee" means an original or successor Trustee of any trust whether an individual or a corporation. 5.1.5 "Corporate Trustee" means a trust company or national or state banking institution having trust or fiduciary powers that qualifies to serve as an Independent Trustee. 5.1.6 "Independent Trustee," means any Trustee other than a transferor of property to the Trust, including a person whose qualified disclaimer resulted in property passing to the Trust; or (2) a Beneficiary of the Trust who is, or in the future may be eligible to receive income or principal pursuant to the terms of the Trust; or (3) a person who is a related or subordinate party under Internal Revenue Code section 672(c) as to any person described under (1) or (2) above. A person is described in (2) of this section even if he or she has a remote contingent interest in the trust, but is not described in (2) of this section if the person's only interest is as a potential appointee under a non -fiduciary power of appointment held by another person, the exercise of which will take effect only in the future, such as a testamentary power held by a living person. 5.1.7 "Related or subordinate party" shall have the same meaning as prescribed in Internal Revenue Code section 672(c). 9 IAV�, ��n.r..�n.vm. �infn►fn An..nn��iln 7�i.l�ai �7f7/f1[. 5.1.8 A person is "incapacitated" when any one of the following occurs (i) a Guardian or Conservator is judicially appointed for the person, or (ii) the person's personal physician states in a writing that they are unable to manage their financial affairs. The written statement of the personal physician shall be delivered to the presumed incapacitated person and to a Trustee or a designated successor Trustee, other than the presumed incapacitated person, within 30 days of the statement or determination and shall create a rebuttable presumption that the person is incapacitated. When a person is deemed incapacitated, they shall cease to be a Trustee and the named successor Trustee shall assume the duties of Trustee. Any reference to a person's "incapacity" refers to a period while they are "incapacitated." 5.2 Rules of Construction. 5.2.1 Governing Lmv. Except as altered by this Agreement, and except as provided in this Agreement regarding a change in the situs of administration of each Trust, the law of Minnesota shall govern the meaning of this Agreement and the validity, legal effect and administration of each Trust. Except as otherwise provided, all references to applicable law and Minnesota Statutes are to those in force on the date of this Agreement and shall incorporate any amendments and successor provisions. References to the Internal Revenue Code or the Code are to the Internal Revenue Code of 1986, as amended, and references to a particular section of the Internal Revenue Code shall incorporate any amendments and successor provisions. 5.2.2 Captions. Captions are for convenience only and are not intended to alter any of the provisions of this Agreement. 5.2.3 Gender and Member. Where appropriate, the masculine includes the feminine, the singular includes the plural, and vice versa. 5.2.4 Wilting. The requirement that a person act in "writing" requires a dated written document signed by such person. 5.3 Protective Provisions. 5.3.1 Insurance Ownership. If any policy of insurance on the life of any Trustee (other than myself) becomes a Trust Asset, all incidents of ownership in such policy shall be vested solely in the Trustee other than the insured, and the insured Trustee shall possess none of the incidents of ownership in such policy either individually or as a Trustee. If the sole Trustee acting is the insured, such Trustee shall have the duty to appoint another Trustee whose sole responsibility may be to possess such incidents of ownership. 5.3.2 Spendthrij? Provisions. Neither principal or income of any Trust nor any Beneficiary's interest in the Trust shall be subject to alienation, assignnnent, encumbrance, appointment or anticipation by the Beneficiary, to garnishment, attachment, execution or bankruptcy proceedings, to claims for alimony, support, maintenance, spousal -election, or payment of other obligations by any person against the Beneficiary, or to any other transfer, voluntary or involuntary, by or from any Beneficiary provided that the foregoing shall not restrict the exercise of any testamentary power of appointment and that any principal distributable to any Beneficiary by reason of having attained a specific age shall be fully alienable by such Beneficiary after attaining such age. The Settlor and the Trustee have signed this Agreement on or as of the date appearing at the beginning of this Agreement and such Trustee accepts their appointment by signing this Agreement. 10 Mn Tkspv F ate Rewnrahle. That 7nVA77V In the presence of: 1 K (Witness) Jere ny T. Morrissey, Personal Representative of the Estate of Jason Jolui Morrissey, On behalf of the minor children, Jack Morrissey and Maxwell Morrissey, Settlors In the presence of: (Witness) Jerenif T. Morrissey, Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this j day of 0 tm 2024, before me, a Notary Public in and for the State of Minnesota, personally appeared Jeremy Morrissey, on behalf of the minor children as Settlors, and in his capacity as Trustee, to nee known to be the person described in and who executed the foregoing Agreement, and acknowledged that said person executed the same as the person's free act and deed. Notary Stamp or Seal (or Other Title or Rank) koulse.0 Rogness Natary Pubiiip - Minnesota MY C1mM1Q*n Expfres: 01/31/2026 of Notary Public or Other Official Mnrrk.vP.v F-date Revnrnhlp Tr»ct. 11 tM Tta tinly Land Use Permit Application Review Checklist Submission #• W t zoning district is the project located in? R-1 ❑ R- ❑ R-3 ❑ R-4 ❑ R-RB ❑ C ❑ 1 ❑ M ❑ A-1 ❑ A-2 ❑ F-1 ❑ F-2 ❑ W ❑ M-M ❑ Yes o Is lot substandard (does not meet current zoning dimensional requirements)? Deed of record: es ❑ No Is the project located in the Shorelands (Shorelands are lands within 300 feet of a river/stream OR landward side of floodplain OR 1000 feet of a lake/pond/flowage, whichever is greater)? ❑ Yes OAo Is impervious surface required? (Required if riparian lot OR lot is entirely within 300 feet of OHWM of navigable waterway) ❑ Yes o Is the project located in the Floodplain? Zone: Yes ❑ NU Are there wetlands on the property? ❑ Yes Is project associated with a nonconforming use or structure? ❑ Yes VN Is project associated with a variance? Case #: ❑ Yes o Is project associated with a Special B or Conditional Use Permit? Permit #: ❑ Yes N Is the project associated with a Special A Use Permit? ❑ Yes o Does the project require sanitary? ❑ Existing ❑ New ❑ Intercept ❑ Reconnect ❑ Non -Plumbing ❑ Public Sanitary Permit #: ❑ Yes o Does the project require mitigation? Implementation Deadline: Date of Compliance: ❑ Yes VNo Does the project require an affidavit? Affidavit #: ❑ Yes No Did licensed surveyor mark lot line(s), if project is within 10 feet of required setback? ❑ Yes Ef No Di pplicant/property owner mark lot line(s), if project is within 30 feet of required setback? Project use is? Re ' ential ❑ Commercial ❑ Municipal Project type is? New Construction ❑ Addition/Alteration ❑ Change Use ❑ Relocate ❑ RV Placement ❑ Sign ❑ Establishing a Business ❑ Temporary ❑ Shoreland Gradigg ❑ Other, describe: Structure Type is: ❑ Residence ❑ Principal Structure ccessory Structure ❑ Boathouse (one story only) ❑ Open-sided/Screened Structure (gazebo, etc.) ❑ Stairway to navigable waters ❑ Mobile Home ❑ Shipping Container ❑ Other, describe Total Sq. Ft. of Project: 121 Number of Stories: Overall Height: (O Calculated Fee Category: ❑ Residential Principal Structures - $0.75/square foot (minimum $125) ❑ Ha itable Residential Accessory Structures - $0.50/square foot (minimum $75) PNon-Habitable Residential Principal and Accessory Structures - 0.20 s uare foot minimum $75 P rY $ / q ( ) ❑ Commercial/Municipal Principal Structures - $0.75/square foot (minimum $125) ❑ Commercial/Municipal Accessory Structures - $0.20/square foot (minimum $75) Calculated Fee Amount: Additional Fees: ❑ Return Inspection ❑ Land Use Revisions ❑- Special Use Permit -Class A ❑ After -the -Fact (ATF) ❑ Floodplain ❑ Shoreland - Impervious Surface ❑ Shoreland - Non -Conforming, etc. ❑ Tower Siting/Collocation 1 ❑ Tower Collocation 2 ❑ Metallic Mine ATF Fee Amount: �Date Inspected by: f1hiAttU of Inspection: / I t fit, r ! Re -Inspected b Date of Re -Inspection: Denied by: Date of Denial: Reason for Denial: Date Denial Letter Mailed: Approved by:t�y �C ;1`�V {� Date of Approval: i 6 Lt / I -I /�a.5' Condi 'on(s): ust meet and maintain setbacks from furthest extension of structure including eaves and oovee hangs. ;'For personal storage only. ❑ For personal residence only. ❑ Not for human habitation or sleeping purposes. O'Town/State/DNR/Federal may require permitting ❑ A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency must be obtained prior to the start of construction. ❑ A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency must be 0btt fined prior to the start of construction (if applicable). zzsle best management practices to limit and prevent erosion during construction. ❑ This permit cannot be transferred if property is sold. ❑ A Bayfield County Health Dept permit is required. ❑ Check with Town regarding room tax. ❑ Short -Term Rental is for a maximum occupancy of persons. ❑ Sign must meet the requirements of Article E of the Bayfield County Zoning Ordinance. Ulo be constructed per plan. ❑ Adhere to privy agreement. ❑ Temporary permit allowing existing structure for a period of less than 1 year. ❑ RV may not be used for permanent residence or storage. ❑ RV allowed for 9❑ R must be removed by o sewer and pressurized water allowed in the structure. ❑ No plumbing or plumbing fixtures allowed. ❑ No additional sleeping areas allowed without obtaining necessary sanitary permit(s). ❑ Land use permits shall be required for any new residence, any building or structure erected, relocated, rebuilt, or structurally altered ❑ Land use permits shall be obtained prior to the initiation of construction or a change in land use ❑ Requirements (e.g., permits/licensing/tax) of Local Town, Village, City, State or Federal agencies are required ❑ Sanitation requirements must be met (if applicable) ❑ Additional conditions may be placed and need to be adhered to at the time of permit issuance Other Conditions: B',YFIELD Bayfield County Planning & Zoning Department 117 E 5tb Street P.O. Box 58 Washburn, WI 54891 Phone: 715-373-6138 Fax: 715-373-0114 Property Owner: MORRISSEY CABIN TRUST 1980 CO B RD W ROSEVILLE , MN 55113 Description Verified Fee Amount Non -Habitable Residential Principal and Accessory Structures -$0.20/squarefoot (minimum $75) Submission Number: LU-01562 Transaction Number: LU-01562-26C41) Amount $0.00 $259.20 Total: $259.2U Payment Amount: $260.45 Reference:5523725705 Paid by: Will Kleiner Payment Type: Electronic Funds Transfer Transaction Date: undefined Receipt of payment does not guarantee eligibility of permit and is not proof of issuance of a permit. Town, City, Village, State or Federal Permits May Also Be Required Substandard — No / Nonconforming — No Shoreland — Yes / Impervious Surface — No Floodplain — No / Wetlands — Yes Mitigation — No / Affidavit #: LAND USE — X SANITARY — SPECIAL A — SPECIAL B/CONDITIONAL — BOA — No. 25-0162 Tax ID: 7889 Issued To: MORRISSEY CABIN TRUST Location: S33 - T51 N - R06W Town of Bell BAYFIELD COUNTY PERMIT WEATHERIZE AND POST THIS PERMIT ON THE PREMISES DURING CONSTRUCTION Legal Description: LOT 11 IN GOVT LOT 2 IN V.1151 P.255 480J (MORRISSEY CABIN TRUST) IN DOC 2024R-604695 Residential Structure in R-1 zoning district For: New Construction [1 - Story], Accessory Structure on a Slab 11296 Total sq. ft.] Height of 26' (Disclaimer): You are responsible for complying with state and federal laws concerning construction near or on wetlands, lakes, and streams. Any future expansions or development would require additional permitting. Condition(s): See back of card NOTE: This permit expires two years from date of issuance if the authorized construction Emily Macgillivray work or land use has not begun. Authorized Issuing Official Changes in plans or specifications shall not be made without obtaining approval. This permit may be void or revoked if any of the application information is found to have been misrepresented, erroneous, or incomplete. April 17, 2025 This permit may be void or revoked if any performance conditions are not completed or if any prohibitory conditions are violated. Date Condition(s): Must meet and maintain setbacks from furthest extension of structure including eaves and overhangs. For personal storage only. Town/State/DNR/Federal may require permitting Use best management practices to limit and prevent erosion during construction. To be constructed per plan. No sewer and pressurized water allowed in the structure.