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DECLARATION OF PASTURE EASEMENT
This DECLARATION OF PASTURE EASEMENT entered into this /3 day of
, 2001, by CPV DEVELOPMENT COMPANY, LLC, a Minnesota limited liability
company ("Declarant").
RECITALS:
WHEREAS, Declarant is the owner of Lot 6, Block 1, KOKESH FARM, Hennepin County,
Minnesota (the "Subservient Estate") and the owner of the adjacent property, Lot 5, Block 1,
KOKESH FARM, Hennepin County, Minnesota(the"Dominant Estate");
WHEREAS, the Dominant Estate is used for as a riding stable and for the boarding of
horses and other livestock;
WHEREAS, Declarant desires to establish a pasture easement over the Southerly fifty feet
(50') of the Subservient Estate (the"Easement Area") for the benefit of the Dominant Estate.
NOW, THEREFORE, for good and valuable consideration and in consideration of the
premises, the Declarant hereby declares that the Subservient Estate shall be owned.held, used, sold,
and encumbered subject to and bound by the following appurtenant easement:
1. The owner of the Dominant Estate, its tenant, agents, employees, agents. invitees,
and guests shall have the right to enter upon Easement Area, to pasture, keep, graze. maintain, and
ride horses and other livestock thereon, and to erect and maintain fences therein.
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2. The owner of the Dominant Estate shall, at its sole expense, (a) maintain the
Easement Area in good condition, and (b) maintain a fence running along with Northern boundary
of the Easement Area to prevent horses and other livestock from entering onto the portion of the
Servient Estate not within the Easement Area.
3. Except as provided in Paragraph 2(b) hereof, neither the owners of the Servient
Estate and the Dominant Estate nor their respective tenants, agents, employees, invitees, or guests
shall erect any buildings, improvements, structures, or obstructions in the Easement Area, cut down
any trees or vegetation (except diseased trees or vegetation and normal maintenance, including
mowing) in the Easement Area; alter or change the natural landscape in or of the Easement Area; or
take any action to prevent the use of the Easement Area by the owner of the Dominant Estate for the
purpose set forth in paragraph 1 above.
4. The owner of the Dominant Estate shall maintain procure public liability insurance
in the amount of at least One Million and no/100 Dollars ($1,000,000.00) naming the owner of the
Servient Estate as an additional insured, including naming the owner of the Servient Estate as an
additional insured on the owner of the Dominant Estate's homeowner and umbrella policies.
5. The owner of the Dominant Estate shall indemnify, defend, and hold harmless the
owner of the Servient Estate, its tenants, agents, employees, invitees, and guests from any damages,
liabilities, injuries, or causes of action arising out of the use of the Easement Area by the owner of
the Dominant Estate, its tenants, agents, employees, invitees. or guests, except where such damages,
liabilities, injuries, or causes of action arise out of the negligence or willful misconduct of the owner
of the Servient Estate, its tenants, agents, employees, invitees, or guests.
6. The easement granted hereunder shall be perpetual; provided, however, that (a)
in the event that the owner of the Dominant Estate shall permanently discontinue the use of the
Easement Area for livestock, grazing, and riding purposes or(b) in the event that the barn and riding
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arena currently located on the Dominant Estate are removed or demolished and not replaced with
similar buildings, the easement granted hereunder shall become null and void and of no further
effect and the owner of the Dominant Estate shall execute an instrument terminating this instrument
of record.
7. The easement granted hereunder shall run with the land and shall bind and inure to
the benefit of the owner of the Servient Estate and the owner of the Dominant Estate, their
respective successors and assigns. The easement granted hereunder shall not merge by reason of
Declarant's ownership of both the Dominant Estate and the Servient Estate.
IN WITNESS WHEREOF the undersigned has executed this instrument the day and date
first above written.
CPV DEVELOPMENT COMPANY, LLC
By
aig Alshouse
Its Managing Member
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STATE OF MINNESOTA
1. ss..
COUNTY OF HENNEPIN
e foregoing instrument was acknowledged before me this /3 • day of
A,.,� , 2001, by Craig Alshouse, the managing member of CPV
Develop ent Company, LLC, a limited liability company under the laws of Minnesota by and on
behalf of said company.
fI.J ,,,- \ /
ti DENISE M.LESKINEN ti
's:
•r. NOTARY PUBLIC-MINNESOTA /t. �i1r. _i
-. My Commission Expires Jan.31.2005 l� Notary Public
This document drafted by:
Kennedy& Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402 (lmw)
f
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