The URL can be used to link to this page

Home My WebLink AboutEasements Apr 17 z008 7: 13RM Stephen Longman Huilders 952-943-8278 p. l ��`� ' � � #'R , :.i ' �� E� �� Stephen Longman Builders, Inc. 9401 Preston Place Eden Prairie, MN Office: 952-943-8226 Fax: 952-943-8278 FAX TRANSMISSICIN DATE: 4/17/08 T�: Ly(e Oman FAX: 952-z49-4616 FROM: Steve Longman We are sending a total of 9 pages, including this cover page. If you do not receive a11 pages, or are experieneing other transmission problems, please call 952-943-8226. Re: The Hanssen Project 211$ Shadywood Rd. Orono, MN Hi Ly1e, Here are the executed Temporary Grading Easement and the Permanent Drainage Easement for the Hanssen Project. My CE has been in contact with Tom Kellogg and I wi11 be getting the revised final survey to you yet this week. Sincerely hoping to get a building permit shortly. Steve Rpr 17 2008 7: 13RM Stephen Longman Builders 952-943-8z78 p. 2 TEMPORARY GRADING EASEMENT S TEMPOR.ARY GRADING EASBMENT GRANT is made this j��of. I`� 2008, by JACK P. REILY and PAMELA S. CRAFT, husband and wife (hereulafter "Grantor")to PAUL S.HANSSEN and LEANN M.HANSSEN,husband and . wife (hereinafter "Grantee"). . The following recitals of fact;are a material part of this instrument: VVHEREAS, the Grantor is the owner of a tract of land described as follows and � hereafter referred to as"Parcel l": Lots 24 and 25, Block 1, WILEY'S PARK,accor.ding to the recorded plat thereof and situated in Hennepin County, Minnesota; and WHEREAS, the Grantee is the owner of a tract of land described as follows and hereafter referred to as"Parcel2": Lots 26 and 27, Block 1, WILEY'S PARK, according to the xecorded plat thereof and situated in Hennepin County, Min�esota; and WHEREAS, Paxcell and Pazcel 2 are contiguous to each other; and WHEREAS, Parcel2 is to be improved with eingle family residence; and WFiEREAS, the Grantor wishes to grant and the Grantee wishes to receive a temporary construction easement over,under and across that part of Parcel l described as follows: . . , See attached Exhibit A titled Temporary Grading Easement Description all as more specifically denoted in that survey.of Demars-Gabriel Land Surveyors, Inc., dated January 2, 2008 (hereinafter referred to as the "Temporary Easement Premises") NOW, THBREPORE, in consideration of Qne Dollar ($1.00) and other good and valuable considerarion,the receipt and sufficiency of which are hereby acknowledged,the following grants,agreements and covenants are made: . 1. Grant of Easement. The Grantor hereby grants to the Gxantee, their heirs and assigns,as a temporary grading easement appurtenant to Parcel2 to run wit1�the land, a Rpr 17 2008 7: 13RM Stephen Longman Builders 952-943-8278 p. 3 temporary easement fox construction and grading and other temporary use$,over,under �, and across the Temporary Easement Premises (the"Work"). The Grantee shall not have exclusive use of the Temporary Easement Premises,but the Grantor shall not interfere with construction grading and other work during the duration of the easement. All access to the Temporary Easement Premises shall be made from Parcel2, the Hanssen property, 2. Duration of Temporary Easement. The easement shall be temporary and€or a � period to and including September 30,2008, at which time all temporary easement rights of the Grantee shall cease, be null and void and of no effect, subject to th� terms of the default provisions at paragraph 8 herein. When Work commences, all Work must be completed before May 23, 2008, June 28; 2008, August 18, 20Q8 ar August 30, 2008. No Work may be done May 23,2008 to May 26, 2008,June 28,2008 to July 6,2008,August 18, 2008 to August 21,2008 and August 30,2008 to September 1,2008. No Work shall be done within the Temporary Basement Premises before 7:00 a.m. or after 6:00 p.m. In aIl events, once Work is conlmenced it shall be completed within Ten (10) business days, including all repair and replacement items.The Grantee shall gi.ve one weel�s notice to Grantor prior to commencement of the Work,preferably by telephone ar voice mail at 952,471.1104. 3. Repair and Replacement. The Grantee, their contractors and agents shall be � responsible for all maintenance, repair and/or replacement of the Temporary Easement Premises inclucling but not limited to reconstruction of the irrigation system,electric dog fence,other fencing,shrubbery and sod to the condition the Temporary Easement Premises was in prior to the easern�nt grant (subject to the grading change described at paragraph �herein). Sod replacement shall be n�w and guaxanteed for one year. The Grantor shall have no obligation for the cost of such repair, maintenance or replacement (unless the Grantor fails to care for or maintain the new sod or replaced trees or s ). � iNS��'or" . AC� In addition,any tree or shrubbery on Parcell that lies�within ' en(�15)feet of the � Temporary Easement Premises that dies or fails to prosper for t�ree (3) years after the Work is completed (other than for atorm damage, pre-existing disease or any event or � occurrence nther than as a direct result of the actions of Grantee or their agents) shall be replaced with like kind and size. Such replacement shall take place within thixty(3Q)days ��! � of writte n tification by Grantor to Grantee, subject to weather conditions. Tf the large x� � tree just��the Temporary Easement Premises lying on Parcell dies or fails to prosper �� for three (3)years after the Work is completed (other than for storm damage, pre-exis.ting disease or any event ox occurrence other than as a direct result of the actions of Grantee or their agents), Grantee shall pay for the removal cost of the tree plus Five Thousand ($5,000.00) cash payabie to Grantor. In addition,Grantee shall replace all existing shrubbery on Parcel2 within two (2) � feet of the contig�ous property line that was removed as a resulfi of the Work. In addition,Grantee shall be liable for any damage to occur on Parcell outside the Rpr 17 2008 7: 13RM Stephen Longman Builders 952-943-8278 p. 4 Temporary Easement Premises as a direct and proximate result of the negligence of the Grantee or their agents.. ' 4. Grading Change. Notwithstanding the previous paragra�h,for the benefit of the parties, the Grantee, at their cost, ahall alter the topography of the Temporary Easement Premises to avoid ponding and seasonal flooding along the conti.guous border of the properties and to allow d�rainage to Lake Mir►netonka. In no event shall the grading slope be gseater than 10� on the Temporary Easement Prernises. 5. Inaurance. Grantee shall cause their contractor, at its cost, , prior to commencement of the Work and at all times during the progress of the Work, to obtain General Liability Insurance and such Workers' Compensation insurance as required by _, law. � , 6. Warranties of Title. Grantor warrants that they have good and indefeasible fee simple title to the Temporary Easement Premises. . 7. Running of Benefit�and Burdens. All provisions of this instrun�ent, including the benefits and burdens, run with the land and are binding upon and.enure to the heirs, assigns, successors,tenants and personal representatives of the parties h�reto. � 8. Default. If t�iere is any material default by Grantee or their agents by failure to fulfill the material obligations under#his agreernent, the Grantor shall notify the Grantee in writi�g of such failure wifih specificiiy and Grantee shall have na less than ten (10) business days&om receipt of such notice of default to cure such rnaterial default. If such obligation is not cured pursuant to the time irame specified Y�erein,Grantee shall pay to Grantor,as liquidated damages,the sum of Five Thousand ($5,000.00) Dollars in addition to the actual costs of repair, replacement or maintenance. � In WiEriess Whereof, Said Grantor and Grantee have hereunto set their hand the day and year first above written. � � . Ja P. Reily . � �1 , lJz . Pamela S. Craft - ' STATE OF NIINNESOTA ) ) ss. C�UNTY OF HENNEPIN) Rpr 17 2008 7: 13RM Stephen Longman Huilders 952-943-8278 p. 5 _ .� . The foregoing instrument was acknowledged before me this �6'�ay of. `1 � ,2008,by Jack P, Reily and Pamela S. Cxaft,husband and wi.fe. NOTARY STAMP DAVID A. SCHMIOTLEIN Notary Public Notary Public Minnesota � MU Commisaon E�ires Jen.31,2010 a S. H � ' � ��:f��G�. Leann M. Hanssen STATE OP MIIVNESOTA ) � ) ss. COUNTY OF HENNEPIN) ' � T'he foregoing instrwnent was acknowledged before me this��ay of��,2008,by Paul S. Hanasen and Leann M. Hanssen,husband and wife. NOTARY STAMP � DAVID A.SCHMIDTLEIN a�ry Public Notary Public Minnesota . My Carrpniseion Expires dan.31,2010 THIS INSTRL]MENT WAS DRAFTBD BY: Joel A.Seltz,Esquire Se1tz&Seltz PLLP � 6601 Lyndale Avenue South � Minneapolis,Minnesota 55423 Rpr 17 2008 7: 13RM Stephen Longman Builders 952-943-8278 p. 6 PERMANENT EASEMENT FOR DR�A.INAGE THIS PERMANENT DItAINAGE EASEMEN'T�RANT is made this��day of �'f 2008, by jACK P. REILY and PAMELA S. CRAFT, husband and wife (hereinafter "Grantor")to PAUL S.HANSSEN and LEANN l�i.HANSSEN,husband and wife (hereinafter "Grantee"). The following recitals of fact are a material part of this instrument: WHEREAS, the Grantor are the owners of a tract of land described as follows and hereafter referred to as "Parcell": Lots 24 and 25,Block 1, WILEY'S PARK, according to the recorded plat thereof and situated in Hennepin County, Mirinesota;and WHEREAS, the Grantee are the owners of a tract of land described as follows and hereafter referred to as "Parcel2": Lots 26 and 27, Block 1,WILEY'S PARK, according to the recorded plat thereof and situated in Hennepin County, Minnesota; and WHEREAS, Parcell and Parcel 2 are contiguous to each other; and WHEREAS, Parcel2 is to be improved�vith a single family residence; and WI�REAS, the Grantor wishes to grant and the Grantee wishes to receive a permanent drainage easernent over, under and across part of Parcell. NOW,THEREFORE,in consideration of Ten ($10.00) Dollars and other good and valuable consideration, receipt and sufficiency are hereby acknvwledged, the following grants, agreements and covenants and restrictions are made: 1. GRANT OF EASEMENT. The Grantor hereby grants to the Grantee, their heirs and assigns, as an easement appurtenant to pazcel2, a perpetual easement for drainage purposes in, under, and over the following described property situated in the County of Hennepin and State of Minnesota,to-wit: 'I'hat part of T.ots 24 and 25,Block 1, WILEY'S PARK, HENNEPIN COUNTY, which lies northerly of the following described line: Hpr 17 2008 7: 14RM Stephen Longman Builders 952-943-8278 p. 7 Commencing at the most westerly corner of said Lot 25, Block 1, thence on an assumed bearing of North 51 degrees 10 minutes 49 seconds East along the northwesterly line of said Lot 25 a distance of 160.34 feet to the point of beg'uLning of the line to be described;thence North 79 decrees 05 minutes 10 seconds East 162.00 feet more or Iess to the shoreline of Lake Minnetonka and said line there terminating. 2. USE OF EASEMENT PKEMISES. Exclusive use of the easement premises is not hereby granted. 3. WARRANTIES OF 1'ITLE. Grantor warrants that they have good and indefeasible fee simple title to the easement premises. 4. RUNIVING OP BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burde�ns, run with the land and are binding upon and enure to the heirs, assigns, successors,tenants and personal representatives of the pariies hereto. 5. TERMINATION OF COVENANT LIABILTTY. Whenever a transfer of ownership of either parcel takes place,liability of the transferor for breach of covenant occurring thereafter autornatically terminates, except that the Grantor remains liable for breaches of cavenants of title set forth in paragraph 3. TO HAVE AND TO HOLD SAID EASEMENT unto said Grantee, their heirs and assigns, as appurtenant to said land. IN WITNESS WHEREOF, Said Grantors and Grantees have hereunto set their hands the day and year first above writ�en. v , Jac P. Reily, Gran � �, Pamela S. Craft,Grantox STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this L�ay of i 2008, by Jack P. Reily and Pamela S. Craft,husband and w�fe. NOTARY STAMP Rpr 17 2008 7: 14RM Stephen Longman Huilders 952-943-8278 p. 8 _-... DAVID A. SCHMIDTLEIN . Notary Public Minnesote Notary Publi.c My Conml9sion Expiree Jen.31,Z010 P S.H , Grantee �'r''"` .. �O""�� `�� , Leann M. Hanssen, Grantee STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this��`'day of��, 2008, by Paul S.Hanssen and Leann M. Hanssen, husband and wife. NOTARY STAMP DAVID A. SCHMIDTLEIN otary Public . Notary Public Minnesota My ConxiYes�n Explres Jan.31,2010 THIS INSTRUMENT WAS DRAFTED BY: Joel A.Seltz,Esquire Seltz&Seltz PLLP 6601 Lyndale Avenue South Minneapolis,Ivlinnesota 55423 Rpr 17 2008 7: 14RM Stephen Longman Builders 952-943-8278 p. 9 � . � � � � �� i�� g � � 4 a� . �� =s � . `��`� £ — — . `1 � � j• � p � SKqD---- — '----- _ - � �� i�i � �P�� Y►PDQD 'RO,lD -� a�� ' • �� M � # �� -- _"'" - __ "'.�-*r_ , � �� ,��,� .� �''� .-_'"______-_ _ �• � , .,- _�,.�. ! � - � g� �� . � r' : - -� ;�� _ _ �' �� R � e.��: �� ; i .I . � gt € �� 1� ; . �� y � � � � � �� 7 'x .�ey�� ! �' �� _-H._.n�.vwra.o: �� ! ' ��'-'��. � � g- � a�- � ,, -�-� � ---�------.�. > �, f � �� a � _� �: -- - -- �� °'� � t � t � . �- — . � �f a•i � ��.io e � `�� `,-'� - ,�-I �� ` � � . � e�� • �� ; qli� � � � �� f `.,�� . �� i`� " i � 6� ' �`� `i �`� ` �`` �:� �� pp� . 1�-� � E �: ,� '� . �� *�� t ry � ��a � �St � �i',�� j�' ` � �� '� % i ; . � � ' _ �� g� . ; ; a ��;� .�;- ;. ;� ,, �� , , �� , � �� r � � . .».__. �� `� ;��5 �,,,�- , ,;;--�- �� _--� . � + . � �� ; , � �„,, �, _ , ___,_ � ( , �. , �� ,� ;�r �'� �t � , -„ �,i ' [ ', �� y � ..i,....o o`� ;� � �;"�� ; ' .��f ,.,p, � `� 1� , . , � � �� y _- �� i� i �� f � � � __`_ --_ `,-/ wG _-` ---- ' \ � , I � �r� ;� �� ., tij � _ �_,�7�I;�� g ��--- p� •'r ,,n�_ ``• � � �� . ' � �,�r•' ' .' '`---' . '1� � � $�I!i'+% � �� 1% 1} I. �_ � � � f' � , � ------ __ ~ � n �� 1��$' ', � f,�•-'i � ---- ^ � � / !I � � �. ` --',� �}�_�r... , �_,,,-: -�- t�' (, '� � � ; � � ---"-r ��-_� =w'�=-- O ti1 •'�=�; ` _ t � --- �=�:c z ��s=.��^. =.�__�_=; � 0 �/�� _�� r � se —�F� 3� _ __ __ _=W�+�___� _ � � ��_ _ _ =� _�x : �=� F�� _ _Z � - �_ . - ___- -��_�__ M4^,�Z_?��r� _ �`-�-� '—��_ . � '-�---�"--- . ___ ' ' w-��r� +�..wo�vn � �� I��O �rwr•iu-�i-��.r"'° ` � � i � � dxnros�nrur�t �x� ; � i � � �t ��(�t v� � � � �� fj � . �� , �. � � m.a wNf, trial v�tion� - .