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HomeMy WebLinkAbout12-03-2004 Reformed Easement Agreement 3127 Chao G'rc1e_ REFORMED EASEMENT AGREEMENT This Reformed Easement Agreement ("Agreement") effective December .3 , 2004, is by and between Frederick C. Peters, single ("Peters") and Ronald G. Dudley and Patricia A. Dudley, husband and wife ("Dudley"). RECITALS WHEREAS,Dudley and Peters are the present parties in interest with respect to the lands benefited and burdened by a certain easement created by a deed dated January 12, 1984 and filed as Document No. 1564103 on February 23, 1984, in the Hennepin County Recorder's Office, Hennepin County, Minnesota; and WHEREAS, Peters and Dudley wish to reform the said easement because it inadvertently failed to unambiguously state the intents and purposes of the parties thereto, and the facts on the ground with respect to the easement,both in 1984 and in 2004. NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Peters and Dudley hereby agree as follows: 1. Ownership. Peters is the fee owner of Lot 2, Block 1, Colorado Springs, Hennepin County, Minnesota("Peters Parcel"). Dudley is the owner of Lot 1, Block 1, Colorado Springs, Hennepin County, Minnesota("Dudley Parcel"). There are no other parties in interest in the two lots, except their respective mortgagees named below, if any. 2. Reformation of Old Easement. The parties hereby agree to reform the rights and obligations created by that certain deed dated January 12, 1984 and filed as Document No. 1564103 on February 23, 1984 because the said easement failed to carry out the intents and purposes of the parties thereto, and the existing facts on the ground. 3. Reformed Easement. Peters grants Dudley, their heirs and assigns, an exclusive easement, running with the land, for the continuing use of the existing patio, barbeque, steps and access including any re-construction, maintenance,repair and replacement of the said patio, barbeque and steps, except that Dudley, and their heirs and assigns, agrees not to install a fixed permanent solid roof over the said patio, but Dudley, and their heirs and assigns, may install and utilize a trellis, gazebo, umbrella, or the like, over the said patio, barbeque and steps (the "Reformed Easement"). The Reformed Easement being in, over and upon that part of Peters Parcel, described as follows: That part of Lot 2, Block 1, COLORADO SPRINGS, described as commencing at the Northeast corner of said Lot 2; thence on an assumed bearing of South 75 degrees 07 minutes West along the northerly line of said Lot 2 a distance of 240.84 feet to the point of beginning of the easement to be described; thence South 14 degrees 53 minutes East a distance of 7.36 feet; thence South 52 degrees West a distance of 31.18 feet; thence South 86 degrees West a distance of 40.24 feet; thence North 14 degrees 53 minutes West a distance of 12.00 feet to said northerly line of Lot 2; thence North 75 degrees 07 minutes East along said Northerly line to the point of beginning. 4. Encumbrances. Dudley, and their heirs and assigns, shall not suffer or permit anything to be done that will cause Peters, or his heirs and assigns, to become encumbered by any mechanic's lien or similar lien, charge or claim. If any mechanic's lien or similar charge or claim is filed against Peters Parcel, due to Dudley's, or their heirs and assigns, alleged request for labor or materials, Dudley, or their heirs and assigns, shall immediately discharge the same of record by a release or bond within thirty (30) days or as soon as practicable after the filing of any notice of such lien, claim or other charge. 5. Maintenance. Dudley, and their heirs and assigns, shall be responsible for all costs of repairing, replacing and/or maintaining the Reformed Easement and all improvements thereon. All such construction, repair, replacement or maintenance shall conform to the use of the easement area as a patio. 6. Events of Termination. Notwithstanding anything in this Agreement to the contrary,the Reformed Easement shall terminate only upon the first to occur of the following: 6.1 the stone paving, brick barbeque and steps are removed and not replaced; 6.2 Dudley, or their heirs and assigns, no longer uses the Reformed Easement area as a patio; For the purpose of this condition of termination(6.2),the word "uses" is defined to mean the occupation of any part of the easement area by Dudley, or their heirs or the assigns or guests on at least one occasion within a 24 month continuous period or if patio furniture such as a table or a chair is present on any part of the easement area for at least 2 weeks during a 24 month period; 6.3 failure of Dudley, or their heirs and assigns, to remove or remedy the cause of any mechanic's lien or similar lien, charge or claim and such failure of performance shall continue for a period of thirty(30) days after delivery of written notice to Dudley, by certified mail, specifying such failure; and Upon the occurrence of an uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7, Dudley, their heirs and assignees, at their sole cost and expense shall file a"Declaration of Termination of Easement" in the office of the Hennepin County Registrar of Titles. Upon such filing, the Reformed Easement and this Agreement shall be immediately void and have no further force or effect. In addition, upon to occurrence of an uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7, Dudley, their heirs and assigns, at their sole cost and expense shall remove all improvements on and within the Reformed Easement, and restore the land to a natural sodded condition. Dudley, and their heirs and assigns, hereby irrevocably constitutes Peters, or his heirs and assigns, as their attorney in fact for the limited purpose to execute such Declaration in Dudley's (or their heirs' and assign's)name,place and stead in the event of an uncontested Termination or a finding that termination is awarded pursuant to Section 7 and Dudley, or their heirs and assigns, should fail to execute any such Declaration as soon as practicable as requested in writing by Peters, or his heirs and assigns and delivered by certified mail.. 7. Dispute Resolution. Any controversy or claim arising out of or relating to the terms of this Agreement or the breach of this Agreement shall be settled according to the terms of this Section 7. The parties to this Agreement or their heirs or assigns (within this Section 7 referred to as party or parties) shall attempt in good faith to resolve as soon as practicable any dispute arising out of or relating to this Agreement utilizing the following procedure: 7.1 Negotiations. The party alleging a controversy, claim or breach of this Agreement will notify the other party in writing and send by certified mail a request to meet and stating the nature of the dispute, all facts in evidence supporting the veracity of the claim, controversy or breach and the proposed solution to the dispute. The parties shall then meet within thirty (30) business days or as soon as practicable after the request by the alleging party at a mutually acceptable time and place to attempt to resolve the dispute. 7.2 Arbitration. If the matter cannot be resolved at, or within thirty (30) business days after such meeting, the parties agree: (i)to arbitrate the dispute in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Minneapolis, Minnesota; (ii)to equally pay the cost of arbitration; (iii) a judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof; (iv)the arbitration award shall be subject to review only in the manner provided in the Uniform Arbitration Act as adopted in Chapter 572, Minnesota Statutes, as the Act is amended at the time of submission of the issue to arbitration; and (v)the arbitrator(s) shall have the authority, but not the requirement, to award the prevailing party its costs and reasonable attorney's fees which if awarded,the non-prevailing party shall pay. IN WITNESS WHEREOF, the parties have signed their hands the date first above written. a . Ronald . Dudley Frederick C. Peters tieirte , Patricia A. Dudley STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) r) The foregoing instrument was acknowledged before me on December j> , 2004 by Ronald G. Dudley and Patricia A. Dudley, husband alyd v . cota i ry 'u. is "�;F74,�p CHASE S.CARLSTROM ► e P �� . Notary Public / (, gym Minnesota ► -COPY i -'J `+`'My Commission Expires January 31.2005► Ofl9cE OF T} NIffifISTRAFJ T OF TM:MS G HENNEPIN COUNTY 1'imusso CERTIFIED F?I..M-X:. AO il(9 alb 71:16,, . - // 1 REG , :i tR` TrrL $ 5.Y—.......a:,.. aa....,DEPurr tt _ -- REGISTRAR ofi UL; • N I THANK Mil!! les AI jr : GREAT 1 DAY!!! REI; 06-10-2005 [i:Li+ L 6 MEL 101 022875 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on December 2_ , 2004 by Frederick C. Peters, single. Matthew Blewett Z7054 ���/ �, / , 612-316-2283 N9200-011 Notary Public / Wells Fargo Bank, N.A. . MATTHEW STEPHEN BLEWETT Hopkins Office 00123 ? - Nota Public Drafted By: °' Minnesota My Commission Expires Jan.31,2009 * * * * * * * * * * * * CONSENT TO REFORMED EASEMENT AGREEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are herby acknowledged, HomeComings Financial hereby consents to the attached Reformed Easement Agreement effective D ber 9-,s7 208'4, between Frederick C. Peters and Ronald G. Dudley and Patricia A. Dudley "x ao°S HomeComings Financial 00. By: Its: fir �csie u•t- . 1 By: //7/14' Its: 1/ 70 STATE OF MINNESOTA ) COUNTY OF A ) ss. ,mom, ��—The foregoing instrument was acknowledged before me on Doeember v7 5, 2004-5y and , the and of /1cme/ ;, 5 ���„ ,/ /4 , a p, , corporation, on behalf of the corporation. / it vP'%, JASON S. SHANKS !SeLmis� - '�A�� "P `'e= o� 'Public * :Notary Public,State of Texas N; �= My Commission Expires J -";k1F0+‘ 08/31/200 8 Ronald G. Dudley 3125 Casco Circle South Orono, MN 55391-9716 June 10, 2005 Mr. Michael H. Cunniff Registrar Of Titles Office of The Registrar of Titles Hennepin County, Minnesota Hennepin County Government Center A500 300 South Sixth Street Minneapolis, Minnesota 55487-0055 Re: Recording of"Reformed Easement Agreement" Between Frederick C. Peters Lot 2, Block 1, Colorado Springs, Hennepin County Ronald G. & Patricia A. Dudley Lot 1, Block 1, Colorado Springs, Hennepin County Dear Mr. Cunniff: Enclosed herewith for Filing and Registration on both Certificate of Title, Certificate Number 646636 for Lot 1, Block 1, Colorado Springs, Hennepin County, Ronald G. Dudley & Patricia A. Dudley, owners and Certificate of Title, Certificate Number 1134097 for Lot 2, Block 1, Colorado Springs, Hennepin County, Frederick C. Peters, owner, is an original signed agreement, executed by both parties, that reforms the existing easement, granted by Quit Claim Deed, Document Number 1564103 that is recorded on both certificates of title. Recording of the Reformed Easement Agreement as soon as possible on both of these certificates of title would be greatly appreciated. Yours very truly, Cavi a XJI. AAISLal Ronald G. Dudley Enclosure RECEIVED APR 0 2 ZU?3 CITY OF ORON0 . . _ _ . . . Certificate of Title Certificate Number: 1134097 Document Number: 3996321 Transfer From Certificate Number: 1004566 Originally registered the 28th day of July, 1942. Book: 259 Page: 80681 Dist. Court No.: 5580 Also originally registered the 6th day of December, 1956. Book: 865 Page: 262461 Dist. Court No.: 13238 State of Minnesota REGISTRATION S.S. County of Hennepin This is to certify that Frederick C. Peters, whose address is 3127 Casco Point Road, Orono, Minnesota, 55391 is now the owner of an estate in fee simple A iii ral of and in the following described land situated in thepsiyt f h 1 i a'd n so a, Lot 2, Block 1, Colorado Springs .as=-- ---7.._!4 �� 4. The boundaries of the plat have been :t�, .Ji ,i l ' 'i•�•tri ils ' •ptt g a�t c�-Torrens Case Nos. 5553 and 5580. Subject to utility easement as shown o ,'N', }� s .r Subject to drainage and utility eas ents -s,/ 6 C*:,_•lat; . ; " , Subject to the interests shown by the follov rig mem�' �" yta6i,µ "•i1 -.::`Y'rances A-forth in Minnesota statutes chapter 508,namely: "• ati ' r 1. Liens,claims,or rights arising under• a lavJS or the r'AtVii,r. o_f tie 0 : e�=,.,..ic4i the sta Utes of this state cannot require to appear of record; -t - —_ - 4 I '- 2. Any real property tax or special asset hent, ' —, 1i '-,, `'' - 3. Any lease for a period not exceeding'tree yew='• • + +\ c o'A .•tion of the pert ise `� der the lease; 4. All rights in public highways upon the rid• * --7----__ if ■ czi 5. Such right of appeal or right to appear�a at r Tt`i r tidri - I t-, .- law;* --. 6. The rights of any person in possession it" d c,.ct for • d r,Ili;;e7""et ,e?tificate of title; � � �� 7. Any outstanding mechanics lien rights w _-, ••n� _,. 0 '...,-1. 4.`� `r ,-,,,,,,>. r.. �'�Er�• d' * . AsV ° E °{� APR 022008 &>-",IVIgkA $L CITY OF ORONO Document Document Date of Registration Number Type Month Day,Year Time Amount($) Running in Favor of 867983 Easement Jan 20,1967 02:45 PM City of Orono.Granting a perpetual underground utility easement now over pt of above land(See Inst) 867987 Easement Jan 20,1967 02:45 PM City of Orono.Granting a perpetual underground utility easement now over pt of above land(See Inst) 1564103 Quit Claim Deed Feb 23,1984 09:00 AM Michael John Noel&Beverly Graves Noel,as jt tenants.Granting a use easement over pt of above land(See Inst) 3895086 Revised Notice of Dec 17,2003 02:00 PM Keith E.Aakre and Jacquelin Aakre. Lis Pendens File No.MC 03-018431 Lindquist&Vennum P.L.L.P. Re Doc No 3881537 Entered on April 9,2004 at 2 PM 3996322 Mortgage Jul 28,2004 04:00 PM 1,000,000.00 Mortgage Electronic Registration Systems, Inc.,(a DE corp),as nominee,PO Box 2026,City of Flint,State of Michigan Homecomings Financial Network,Inc.,(a DE corp),as lender,27725 Stansbury Blvd,City of Farmington Hills,State of Michigan 4089468 Mortgage Mar 16,2005 09:00 AM 400,000.00 Private Bank Minnesota,City of Minneapolis,State of Minnesota 4095983 Mortgage Mar 30,2005 12:00 PM 230,000.00 Private Bank Minnesota, City of Minneapolis,State of Minnesota 4123002 Easement Jun 10,2005 11:00 AM Between Frederick C.Peters and Ronald G.Dudley and Patricia A. Agreement Dudley,husband and wife (See Inst) Amends Doc No.1564103 Page 1 of 2 Document Document Date of Registration Number Type Month Day,Year Time Amount($) Running in Favor of 4123545 Discharge of Jun 13,2005 11:00 AM Discharges Doc No.3895086 Notice of Lis Pendens IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 28th day of July, 2004. MICHAEL H. CUNNIFF Registrar of Titles, In and for the County of Hennepin and State of Minnesota. - �_WW I 1 1211.,E r7. -d a ^i _ t. L13 a _ t1i •T -tp !+.,. Certificate Number: 1134097.0 Page 2 of 2 , _ Certificate of Title Certificate Number: 646636 Transfer From Certificate Number: 644606 Driginally registered the 28th day of July, 1942. Book: 259 Page: 80681 Dist. Court No.: 5580 41so originally registered the 6th day of December, 1956. Book: 865 Page: 262461 Dist. Court No.: 13238 State of Minnesota 1 REGISTRATION county of Hennepin s.S. This is to certify that Ronald G. Dudley, 3125 Casco Circle South, City of Orono, County of Hennepin, State of Minnesota, and Patricia A. Dudley, 3125 Casco Circle South, City of Orono, County of Hennepin, State of Minnesota, as joint tenants are now the owners of an estate in fee simple n4li=��. i;�[� 1? n the following described land situated in the County,.f le.,i-.i I nncdStatetof Mid-'so , t` Lot 1, Block 1, Colorado Springs £ : p...; �, �r •*1040 Y , The boundaries of the plat have beenm ar ,Ji..,:lei a1tandmarkkss-set'` s T rens Case Nos. 5553 and 5580. 4€ (%!-'' - l st Subject to utility easement as shown b l e`d� �•. ° �a Vii. st Subject to drainage and utility easeTents 4,s ff s;q -t; i '1-4.--1 � lopt subject to the interests shown by the follow mem,r'ials and o + • ,t �'4,..1.. .1•1-•aces se forth in Minnesota statutes hapter 508,namely: e - i�` c� . 1. Liens,claims,or rights arising under the laws''ort.- i one • ••i - -ic:::— th'the states of this state cannot require to appear of record; a- .,�-,� ;, – _ '- 2. Any real property tax or special assessment foram r�*k 'v-`-. r as i• h •t been had"at t date of the certificate of title; 3. Any lease for a period not exceeding threey -a .,it lira- ctua ::. ' ''e a n-of the prerru under the lease; 4. All rights in public highways upon the 1400; t' - 1144 `- ` , • -y 5. Such right of appeal or right to appear and oqt t th-> >'�+ ton - a o -e,• �T i a r,J 6. The rights of any person in possession undek. n ' • •-ed`fr, -t 4,'"ner the ertificate of title; 7. Any outstanding mechanics lien rights which pa » .njier ect'• "0:51 .1,. That Ronald G. Dudley is 18 years of age or older. 4-. to PPtii ' ':-:1l y, and is under no legal incapacity. That Patricia A. Dudley is 18 years of age or older;i arri- I L. !. 11, and is under no legal incapacity. '4-J-1_11:111113320--1-- MEMORIALS Document Document Date of Registration Number Type Month Day,Year Time Amount($) Running in Favor of 867983 Easement Jan 20,1967 02:45 PM City of Orono.Granting a perpetual underground utility easement now over pt of above land(See Inst) 1564103 Quit Claim Deed Feb 23,1984 09:00 AM Together with a use easement over other land(See Inst) 1567748 Mortgage Mar 15,1984 03:00 PM 236,000.00 Norwest Mortgage,Inc.(an IA corp) Waterloo,IA 1766214 Financing Oct 17,1986 03:00 PM Minnegasco,Inc. Statement Minneapolis,MN Made by Ronald G.Dudley(List) 2239453 Assignment of Feb 24,1992 04:00 PM (See Mtgee's Change of name Doc No 1661302) Mortgage Citibank,N.A. 55 Water St New York,NY Assigns Doument No 1567748 2493092 Mortgage Mar 18,1994 09:00 AM 220,500.00 GMAC Mortgage Corporation of PA RECEIVED 8360 Old York Rd Elkins Park,PA 2569663 Satisfaction of Nov 28,1994 09:00 AM Ronald G.Dudley et al APR 0 2 CUU8 Mortgage Satisifes Document No. 1567748 CITY OF ORONO Page 1 of 2 Document Document Date of Registration Number Type Month Day,Year Time Amount($) Running in Favor of 2590282 Assignment of Feb 17,1995 09:00 AM Bankers Trust Company as Trustee Mortgage 3 Park Plaza Irvine,CA Assigns Document No.2493092 3847150 Satisfaction of Oct 01,2003 03:00 PM (See Power of Atty Doc No 3521693) Mortgage Satisfies document no(s).2493092.0 3881537 Notice of Lis Nov 24,2003 11:00 AM Keith E.Aakre and Jacquelin Aakre. Pendens Court File No.03-18431.Moss&Bamett. Jeffrey L.Watson,Gregory J. Wiley. 3895086 Revised Notice of Dec 17,2003 02:00 PM Keith E.Aakre and Jacquelin Aakre. Lis Pendens File No.MC 03-018431 Lindquist&Vennum P.L.L.P. Re Doc No 3881537 4083829 Discharge of Mar 01,2005 09:00 AM Satisfies document no(s).3881537.0 Notice of Lis Pendens 4123002 Easement Jun 10,2005 11:00 AM Between Frederick C.Peters and Ronald G.Dudley and Patricia A. Agreement Dudley,husband and wife (See lnst) Amends Doc No. 1564103 4123545 Discharge of Jun 13,2005 11:00 AM Discharges Doc No.3895086 Notice of Lis Pendens 4132934 Termination of Jul 06,2005 03:00 PM - 11 i 4rfatii\I rocument no(s). 1766214.0 Financing " L L- " Ok(4 ( Statement 4Y ;� -a. gega So-• g _ )30 Sc ATS Indexes verified through September 02, 2005 -__., .� ''r",.. • 4 011111:101M,11# OF=„I have hereunto subscribed my name f`- .#/..,r -- - and affix:VIM, office this 15th day of March, 1984. '' . ,,„,/� .7i. R. 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