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Private Drive Agreement Update
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2260 Bayview Place - 17-117-23-44-0108
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Private Drive Agreement Update
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Last modified
4/29/2025 9:14:24 AM
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4/29/2025 10:31:38 AM
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("City ROW"); access rights for all Parcels; and other obligations of the 1994 Owners, which <br /> Agreement was agreed would run with the land and accordingly was filed of record in the <br /> Office of the Hennepin County Registrar of Titles on March 14, 1995, as Document No. <br /> 2595145 (the"Original Agreement"). <br /> G. Pursuant to the Original Agreement,the 1994 Owners of the 3286 Parcel and the 3290 Parcel <br /> established a private gravel driveway in the westerly 15 feet of the 25-foot-wide City ROW. <br /> H. As currently improved, the existing private driveway does not conform to this restriction of <br /> the Original Agreement,and is proposed to be paved within the City ROW in the location set <br /> forth in this Agreement. <br /> I. The City has concluded that it is in the best interests of the respective Owners and other <br /> abutting owners,and in the public interest,for the private driveway to be improved as proposed <br /> and as set forth in this Agreement. <br /> J. Given the passage of time, changes in ownership of all of the Parcels, and other changes in <br /> circumstances, the City and the Owners agree that it is appropriate to replace the Original <br /> Agreement with this Agreement. <br /> NOW, THEREFORE, in consideration of the mutual promises and covenants contained <br /> in the Original Agreement and this Agreement,the parties have agreed as follows: <br /> 1. Pursuant to Section 12 of the Original Agreement,the Original Agreement is hereby <br /> terminated. The Original Agreement is replaced in its entirety with this Agreement. <br /> 2. The City grants to the Owners the non-exclusive use of the City ROW solely for <br /> the purposes described in this Agreement, and subject to the terms, conditions, and limitations set <br /> forth in this Agreement. No easement or other property interest in any part of the City ROW is <br /> created for the Owners of the 3286 Parcel or the 3290 Parcel, or their respective successors or <br /> assigns. Owners do not now claim any rights or title to any part of the City ROW by reason of <br /> past, present, or future occupancy there, nor will Owners make any such claim in the future. <br /> 3. All use of the City ROW for ingress or egress purposes to and from the 2260 Parcel <br /> and the 3300 Parcel is prohibited. The driveway to Bayview Place shall be the exclusive point of <br /> ingress or egress for the 2260 Parcel. The driveway to Navarre Lane shall be the exclusive point <br /> of ingress or egress for the 3300 Parcel. <br /> 4. The Owners agree that only the Owners of the 3286 Parcel and the 3290 Parcel <br /> shall be allowed to utilize that portion of the City ROW for the installation and maintenance of a <br /> private driveway to be generally centered on the right of way with a width not to exceed 12 feet <br /> (the "Private Driveway"). The width limit includes all hardcover improvements such as gravel, <br /> pavement. concrete, pavers, landscaping rocks. The remainder of the City ROW will be restored <br /> and maintained with top soil and grass in accordance with all applicable City Code requirements. <br /> 2 <br /> 232991v5 <br />
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