HomeMy WebLinkAbouteasement/drainage purposes . � � o��0.5 S� cu�u���° �
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Doc No T4845613
Certified, filed and/or recorded on
3/28/11 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 45 Pkg ID 700928
Doc Name: Declaration
Document Recording Fee $46.00
Multiple Certificates Affected $20.00
Fee
Document Total $66.00
Existing Certs New Certs
807749
1003309
This cover sheet is now a permanent part of the recorded document.
' i
, ������
/D 4.�.�� `�
(reserved for recording information)
DECLARATION OF EASEMENT
FOR OVERLAND DRAINAGE PURPOSES
THIS DECLARATION is made on this ��� day of
�� , 2009, by THOMAS J. SMITH and VIRGINIA A. SMITH,
husband and wife (hereinafter referred to as "Declarant").
RECITALS
A. Declarant is the fee owner of certain property situated in the City of Orono,
County of Hennepin, State of Minnesota, and legally described as follows:
Parcel ID No. 34-118-23-21-0016—2107 Su�arwood Drive, Orono, MN
Lot 2, Block 3, SUGAR WOODS, according to the recorded plat thereof, Hennepin
County, Minnesota;
and
Parcel ID No. 34-118-23-21-0017—2105 Sugarwood Drive, Orono, MN
Lot 3, Block 3, SUGAR WOODS, according to the recorded plat thereof, Hennepin
County, Minnesota
hereinafter the "subject property").
148802v01 1
SRN:l 1 i 18/2009
.
B. Declarant may at some point in time transfer title to the subject property and
desires to create, establish, and secure an easement against the subject property which is more
fully described in Section 1.1 below.
C. Declarant hereby declares that the subject property shall be held, sold and
conveyed subject to this Declaration of Easement. The easement rights and responsibilities set
forth herein shall run with the land, and shall be binding upon the heirs, successors and assigns
of the parties having any right, title or interest in the subject property.
EASEMENT
l.l Declarant hereby creates, establishes, and declares a perpetual easement over a
Lot 2, Block 3, SuGAR WooDs for the specific purpose of accommodating overland drainage
from Lot 3, Block 3, SUGAR WOODS. Said easement is more particularly described as follows:
A perpetual easement for overland drainage purposes over that part of Lot
2, Block 3, SUGAR WOODS, Hennepin County, Minnesota, which lies 5
feet on both sides of the westerly extension of the northerly line of Lot 1
in said Block 3 of SuGAx WooDs(the "easement premises").
1.2 The easement above described herein burdens the easement premises, and is
appurtenant to and for the benefit and use of any owner of Lot 3, Block 3, SUGAR WOODS (the
"benefited parcel"), their successors,heirs, and assigns.
1.3 Any orvn�r�f the benefited parcel shall ha�✓;, the right to enter upan the easer.ment
premises described above at all reasonable times for the construction, inspection, maintenance
and repair (including reconstruction) of the overland drainage system on the easement premises.
The owner of Lot 2, Block 3, Su�AR WooDs shall not be responsible for any costs and/or
expenses associated with the construction, inspection, maintenance, repair, or reconstruction of
the easement premises.
148802v01 2
SRN:11/18/2009
1.4 This Declaration of Easement strictly prohibits any digging or earth removal
witlun fifteen feet (15') of the any located on the subject property.
1.5 The easement described herein also benefits any utility company or municipality
providing the utility services to the subject property.
IN WITNESS WHEREOF, this Declaration of Easement has been executed on
��y��.Mb�/1. 3��; 2009, with the intent that it shall be recorded in the office of the County
Registrar of Titles in and for Hennepin County, Minnesota.
DECLARANT:
�—
Thomas J. Smith • ,
� � / /�
Virg' a A. Smith
STATE OF MINNESOTA )
) ss.
COLTNTY OF ��►c�►c� )
\ The foregoing instrument was acknowledged before me this 3�� day of
`��c�,�pu�— , 2009, by Thomas J. Smith and Virginia A. Smith, husband and
wife, the property owners.
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11.�1,�.0--�'
ry Public
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THIS INSTRUMENT WAS DRAFTED BY: `=�%`•, CYN7HtA M.Mflp�N
�+pl► Nota�Y PubliO
CAMPBELL KNUTSON ' '�� M������
Professional Association My comm�ssten e■a<teS 3an�ary�,�:
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651)452-5000
SRN:ms
148802v01 3
SRN:1 1/18/2009