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Baldur Park Road
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1340 Baldur Park Road - 08-117-23-31-0015
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Puzak-Wingerd 2011
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Last modified
8/22/2023 5:43:32 PM
Creation date
1/8/2021 8:13:38 AM
Metadata
Fields
Template:
x Address Old
House Number
1340
Street Name
Baldur Park
Street Type
Road
Address
1340 Baldur Park Rd
PIN
0811723310015
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Updated
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creation of the servitude, and to carry out the purpose for which it was created." Rest. 3d. Prop., <br /> Servitudes § 4.1(1); see, e.g. Bergh and Mission Farms Inc. v. Great Lakes Transmission Co., <br /> 565 N.W.2d 23, 26 (Minn. 1997); Braaten v. Jarvi, 347 N.W. 2d 279, 282 (Minn. Ct. App. <br /> 1985). However, when the language in the instrument is "fully clear and unambiguous,"parole <br /> evidence cannot introduced to contradict the intent of the parties. Callen v. Hause, 91 Minn. 270, <br /> 272, 97 N.W. 973, 974 (Minn. 1904); citing Atkins v. Bordman, 2 Mete. 457, 37 Am. Dec. 100,; <br /> see also, Minneapolis Athletic, at 258. <br /> In this case, the 1948 Deed conveys Lot 20 "subject to and reserving in the grantors <br /> herein... an easement for driveway purposes."The easement is then laid out in specific <br /> directions and dimensions that connect Baldur Park Road to the part of Lot 21 retained by the <br /> grantors. The easement covers the driveway that already existed on the land. The easement is a <br /> reasonable size and shape, and serves the function of a driveway. The description is fully clear <br /> and unambiguous. <br /> In the final paragraph of the 1948 Deed, grantors promised to "Warrant and Defend" <br /> grantees' claim of title against any legal claim, "subject to incumberances... hereinbefore <br /> mentioned." The driveway easement is the only encumbrance before mentioned in the 1948 <br /> Deed. Here again, the 1948 Deed is clear and unambiguous as to the intention of the parties to <br /> record on the title of Lot 20 that it is subject to the driveway easement described. <br /> Taking the 1948 Deed as a whole, there is no ambiguity about the dimensions and <br /> purposes of the driveway easement, nor that the driveway easement was intended to be created <br /> by the document. By the clear and unambiguous language of the instrument, the intention of the <br /> parties to the conveyance was to newly create an easement across Lot 20. No question of fact <br /> remains as to the intention of the parties to the 1948 Deed. <br /> 7 <br />
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