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HomeMy WebLinkAboutDeclaration of Driveway Easement Transfer Entered Feb 4, 2019 3:00 PM Doc No T05592428 Hennepin County, Minnesota Mark Chapin Certified, filed and/or recorded on County Auditor and Treasurer Feb 4, 2019 3:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1787631D Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1479202 This cover sheet is now a permanent part of the recorded document. DECLARATION OF DRIVEWAY EASEMENT THIS DECLARATION, is made this 25th day of October, 2018, by WILLIAM M. DUNKLEY and SUSAN K. DUNKLEY, husband and wife (hereinafter referred to as the "Declarants"). RECITALS WHEREAS, the Declarants own and have fee title to the parcel of real property located in the city of Orono, County of Hennepin, State of Minnesota, legally described as (i) Lot 2, Pence Lane Addition("Lot 2"), and (ii) Outlot A, Pence Lane Addition("Outlot A"); and WHEREAS, there is a non-exclusive driveway easement over Outlot A and Lot 2, as stated in that certain Driveway Easement Agreement, filed August 19, 1982 as Document Number 1478531, as modified by that certain Gate Easement and Modification Agreement, filed May 26, 1989 as Document Number 2015330, with the Registrar of Titles, Hennepin County, Minnesota that affects the Declarants' property("Gate Easement"); and WHEREAS, the Declarants hereby establish and declare the following easement: 1. A perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress purposes over, upon and across a driveway located on Outlot A and, legally described on Exhibit A, attached hereto and incorporated herein by reference, and depicted on Exhibit B, attached hereto and incorporated herein by reference (the "Driveway Easement"), which easement shall be appurtenant to and benefit Lot 2. 2. The Declarants declare that the driveway located within the Driveway Easement shall be approximately twelve (12) feet in width. 3. The owner of Lot 2 shall be responsible for one-half(1/2) of the net cost to repair and maintain the Driveway Easement. For the purposes of this Declaration, the net cost shall mean the aggregate cost of any repair, maintenance item or improvement, reduced by any contribution to such cost made by any third-party who utilizes or benefits from such Driveway Easement. Either owner of Lot 2 and Outlot A shall have the right to notify the other owner in writing of its determination that maintenance items or repairs to the Driveway Easement are necessary. If the cost of the repair or maintenance item exceeds Ten Thousand Dollars ($10,000.00), then the owners shall have thirty (30) days after the receipt of such notification to mutually agree upon the scope and manner of any such repairs or maintenance. If the owners are unable to reach agreement regarding the repairs or maintenance in question, then the matter shall be settle by arbitration, pursuant to the terms and provisions set forth in Section 7 below. 4. The owner of Outlot A shall have the right to improve the Driveway Easement, and each owner of Lot 2 and Outlot A shall pay one-half (1/2) of the net cost for any such improvement; provided, however, if the cost of any such improvement exceeds Ten Thousand Dollars ($10,000.00), then the owner of Outlot A shall be required to obtain written consent from the owner of Lot 2 before making any such improvement. 5. The owners of Lot 2 and Outlot A are bound by the terms and provisions of the Gate Easement, as if the same where incorporated herein. The "Gate" located within the Gate Easement shall be repaired and maintained in the manner determined by the owner of Outlot A, or their successor or assigns, and the owner of Lot 2 shall pay a proportional one-third (1/3) share of the costs and expenses incurred to repair and maintain the Gate. The owner of Outlot A shall have the right to make changes to the Gate Easement as set forth in Section 7 of the Gate Easement and the right to determine if the Gate will be left open or closed except for specific ingress or egress purposes. The owners of Lot 2 and Outlot A shall provide each other with a list of all people who have been given keys or any kind of entrance control to the Gate. 6. Owners of Lot 2 and Outlot A shall indemnify and hold harmless the other owner, and such owner's successors and assigns, and any lender that holds a lien covering any property affected by the easements herein granted, from and against all liability, claims, damages, suits, actions, costs and expenses of whatsoever nature (including reasonable attorney's fees) to persons or property caused by or arising out of such owner's use and/or operation of the Driveway Easement, or otherwise relating to such owner's rights and/or obligations hereunder. 7. Owners of Lot 2 and Outlot A shall use their best efforts to resolve any dispute arising out of or in any way related to this Declaration, its making, validity or interpretation (collectively a "Dispute"). Any Dispute which the owners are unable to resolve by negotiation shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in effect; provided, however, such hearing shall not be conducted by the American Arbitration Association. If the owners of Lot 2 and Outlot A can agree on a single arbitrator, such arbitrator shall determine such matter. If the owners cannot decide on a single arbitrator within fifteen (15) days after notice of commencement of arbitration ("Commencement Date"), each owner shall select an arbitrator within thirty (30) days from the Commencement Date and the two arbitrators so selected shall select an additional arbitrator within forty-five (45) days from the Commencement Date and the arbitration hearing shall be held within sixty (60) days from the Commencement Date. In the event an owner fails to select an arbitrator within the time frame set forth herein, then the other owner shall have the right to petition the Minnesota State District Court, Fourth Judicial District, for the appointment of such arbitrator. The matter shall be decided by a majority of the arbitrators so selected, and the arbitrators shall render their decision within fifteen (15) days of the hearing. The arbitration hearing shall be held in Hennepin County, Minnesota. The arbitration award shall be final and binding on the owners and judgment thereon may be entered in any court having jurisdiction. Each owner shall be responsible for its own legal fees and other fees and costs associated with the arbitration proceeding. Notwithstanding the foregoing provisions of this Section 7, the arbitrator(s) shall have the right to award the prevailing owner fees, costs and disbursements in connection with such proceeding. 8. All notices required or permitted hereunder shall be in writing and shall be delivered, or mailed first class, postage prepaid to the appropriate owner at such owner's last known address, or at such other address as such owner may specify by written notice to the other owner, and such notices and other communications shall for all purposes of this Declaration be effective when personally delivered or two (2) days after deposit if sent by mail, as provided above. 9. All provisions of this Declaration, including the benefits and burdens, run with the land and are binding upon and shall inure to the benefit of the owners of Lot 2 and Outlot A hereto and their respective successors, assigns, licensees, invitees and tenants. 2 10. This Declaration shall be construed in accordance with and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the Declarants have executed this, Declaration of Driveway Easement as of the day and year first above written. / // 7/ William M. Dunkley - - .,1) Ki) 0 _,\1. k< . .k,__k. 0„, \j0 Li),),/\ Susan K. Dunkley (----T STATE OF MINNESOTA ) ) ss. COUNTY OF 111L,iitk ) The foregoing instrument was acknowledged before me this '` day ok ,(t Q 2018, by WILLIAM M. DUNKLEY and SUSAN K. DUNKLEY, husband and wife. '-':'',,_ ' / ,c ,,---- c,\A,R,da LL._ Not y Public g`."'T"�.. REBECCA L. SCHEIBER �i, 4 N."- Notary Public-Minnesota �.`;,, My Commission Expires Jan 31,2020 THIS INSTRUMENT WAS DRAFTED BY: COUREY, KOSANDA &ZIMMER, P.A. 505 Highway 169 North, Suite 350 Minneapolis, MN 55441 Telephone: (763) 398 0441 Facsimile: (763) 398 0062 3 DRIVEWAY EASEMENT DESCRIPTION FOR LOT 2, BLOCK 1 OVER PART OF OUTLOT A, PENCE LANE ADDITION October 24, 2018 An easement for driveway purposes for the benefit of Lot 2, Block I, Pence Lane Addition over, under and across a 20 foot wide strip of land in Outlot A, Pence Lane Addition, the northeasterly line of said strip being drawn from a point on the south line of said Outlot A, a distance of 47.03 feet westerly, as measured along said south line, from the southeast corner of said Outlot A, to a point on the northerly line of said Outlot A distant 5.00 feet southwesterly from the angle point in the northerly line of said Outlot A, said angle point being 175.54 feet westerly of the northeast corner of said Outlot A. The sidelines of said easement are prolonged or shortened to terminate on the northerly and southerly lines of said Outlot A. EXHIBIT A DRIVEWAY EASEMENT FOR LOT 2, BLOCK 1, OVER PART OF OUTLOT Al PENCE LANE ADDITION \' -v-<\ \ \ _, `// \ �c tom' \ \ \ S 89°59'22" E 175.54 N 58°57'12" E \ oc, \ 30.74 - : _ Yom, i• o 0 . o. • • � toe /ioi 101 \\ \ 1 I \ . \ I t••••. 1 \\ (45 moo\ OUTLOT A I \ I co cz „-� \ I \ 70-.71. s92 DRIVEWAY EASEMENT I o c0 \%.° \ FOR LOT 2, BLOCK 1 N O I \ \ co I O cn I \\ I w I \ 1 \I \\ ` I 1 �I \ I \ •... ,. .. S 89°06'06" E 178.99 \ -23.42 47.03 -.--- I 0 40 80 160 Zi SCALE IN FEET EXHIBIT B