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HomeMy WebLinkAbout02-26-2015 - Amendment Wmnlfr- IArie� 11 11 1111 m 111 11 Doc No 105236590 Certified, filed and/or recorded on Feb 26, 2015 12:31 PM Office of the Registrar of Title's Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 71 Pkg ID 1209857C Doc Name: Amendment Document Recording Fee $46.00 Multiple Certificates Affected Fee $100.00 Document Total $146.00 Existing Certs 1306456, 818114, 490172, 804367, 562929, 1195868 • This cover sheet is now a permanent part of the recorded document. gfgIlY tjg0 17 2, grof72,. f 367 gb1-`t29 11� 58.6g AMENDED AND RESTATED ACCESS AND WATERCRAFT DOCKING EASEMENT This Amended and Restated Access and Watercraft Docking Easement(hereinafter"Easement") is a restatement and clarification of easements dated 1967 under Torrens Document Number 892991 d dated 1971 under Torrens Document Number 1007864 and is executed this 14 Tx' day of 1 r 56R , 2014, by Faiz M. Khan and Kathleen J. Khan, husband and wife, and Daniel K.Kelly and Jeanne A.Kelly,husband and wife(hereinafter the Khans and the Kellys are referred to as the "Grantors"), and by Brett T. Broghammer and Carolyn A. Broghammer, husband and wife, Ronald R. Davisson and Judith A. Davisson, husband and wife, Kevin L. Gillis and Julia R. Gillis, husband and wife, and Scott E. Hanson and Jennifer N. Hanson, husband and wife, (hereinafter, the Broghammers shall be referred to as one "Grantee," the Davissons shall be referred to as one "Grantee," the Gillises shall be referred to as one "Grantee," and the Hansons shall be referred to as one "Grantee," and those four separate Grantees shall be referred to cumulatively as the"Grantees"). RECITALS A. Land Ownership. Faiz M. Khan and Kathleen J. Khan, husband and wife, are the owners in fee of the property located at 850 Windjammer Lane, Orono,Minnesota, legally described as Block 1, Lot 6, Pirates C ve, located in Hennepin County,Minnesota(hereinafter referred to as the"Khan Property"). Jo Daniel K. Kelly and Jeanne A. Kelly, husband and wife, are the owners in fee of the property at 860 Windjammer Lane, Orono, Minnesota, legally described as Block 1, Lot 7, Pirates Cove, located in Hennepin County, Minnesota (hereinafter referred to as the "Kelly Property"). ✓.3 Brett T. Broghammer and Carolyn A. Broghammer,husband and wife, are the owners in fee of the property at 875 Windjammer Lane, Orono, Minnesota, legally described as Block 1, Lot 3, Pirates Cove, located in Hennepin County, Minnesota (hereinafter referred to as the "Broghanuner Property")..✓ 3 Ronald IL Davisson and Judith A. Davisson,husband and wife, are the owners in fee of the property located at 860 North Arm Drive, Orono, Minnesota, legally described as Block 1, Lot 2, Pirates Cove, located in Hennepin County, Minnesota (hereinafter referred to as the "Davisson Property").-72... ✓ Kevin L. Gillis and Julia R. Gillis, husband and wife, are the owners in fee of the property located at 865 Windjammer Lane,Orono, Minnesota, legally described as Block 1,Lot 1, Pirates Cove, located in Hennepin County, Minnesota (hereinafter referred to as the "Gillis Property"). 2- Scott E. Hanson and Jennifer N.Hanson,husband and wife, are the owners in fee of the property located at 835 Windjammer Lane,Orono, Minnesota, legally described as Block 1,Lot /2- LApaA., paott A‘/,'.444ge2i ct-e 1 APP OVER FOR MIA Pt,?, 4, Pirates Cove, located in Hennepin County,Minnesota(hereinafter referred to as the "Hanson Property"). Hereinafter, the Khan Property and the Kelly Property are sometimes referred to collectively as the"Grantors' Properties." Hereinafter, the Broghammer Property, the Davisson Property,the Gillis Property,and the Hanson Property are sometimes referred to collectively as the"Grantees' Properties." B. Easement for Access to Lake Minnetonka and Watercraft Docking. Grantors and Grantees are restating and clarifying the easements dated 1967 under Torrens Document Number 892991 and dated 1971 under Torrens Document Number 1007864 over and across Grantors' Properties in favor of Grantees for access by foot only to Lake Minnetonka and for watercraft docking and storage purposes, in those areas depicted in Exhibits A-1 and A-2, respectively, attached hereto. The rights, terms and conditions of the Easement are set forth herein. C. Lake Minnetonka Conservation District Ordinance Definitions. The parties to this Easement understand that the use and maintenance of any dock structure in Lake Minnetonka is governed by the Lake Minnetonka Conservation District("LMCD") Ordinance, as that Ordinance may be further amended. Unless otherwise provided herein, the terms and phrases used in this Easement are defined as those terms and phrases are defined in the LMCD Ordinance. EASEMENT NOW THEREFORE, with the understanding of the facts recited above, the mutual covenants, conditions, and restrictions contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby amend,restate and clarify all the rights,terms and conditions of the 1967 and 1971 easements,as set forth below,in perpetuity and running with the Grantors' and Grantees' Properties;as follows: 1. Access Easement over Land. A non-exclusive easement in favor of the Broghammer Property, the Davisson Property, the Gillis Property, and the Hanson Property for the sole purpose of ingress and egress by the owners and their house guests by foot travel only to Lake Minnetonka over and across the following described property situated in the County of Hennepin,State of Minnesota,legally described as follows: The southerly 10 feet of Lot 6, Block 1, Pirates Cove except that part thereof described as follows: Commencing at the intersection of the north line of said southerly 10 feet with the survey line shown on the plat of Pirates Cove, thence westerly along the northerly line of said southerly 10 feet a distance of 10 feet, thence southerly parallel with said survey line a distance of 6 feet,thence easterly parallel with the southerly line of said Lot 6 a distance of 10 feet to said survey line, thence northerly along said survey line to the point of beginning. That part of the northerly 10 feet of Lot 7 lying westerly of said survey line and that part of 2 the northerly 20 feet of Lot 7 lying easterly of said survey line, Block 1, Pirates Cove. (hereinafter the"Easement Area"). The Easement Area is depicted on attached Exhibit A-1. 2. Dockage Rights in the Water. The Broghammer Property, the Davisson Property, the Gillis Property, and the Hanson Property may each dock, store, or otherwise operate one watercraft for each Grantee's Property, respectively (meaning a maximum of 4 watercraft, should each Grantee choose to have a watercraft) in the water adjacent to the Easement Area in an area no more than 42 feet in width as shown on attached Exhibit A-2 as the"Dockage Area". The allowable length of the Dockage Area is no greater than the length allowed under any applicable regulations, laws, or ordinances, including but not limited to the LMCD Ordinance. The Grantees' dock structure must fully conform to any applicable regulations, laws, or ordinances, including but not limited to the LMCD Ordinance. Grantees are specifically precluded from using their dock structure to store anything but their above-referenced watercraft or to engage in conduct on their dock structure which interferes with Grantors' quiet enjoyment of Grantors' respective property rights. The Grantees may arrange their dock in any configuration within the Dockage Area so long as the Grantees' dock does not interfere with the Grantors' quiet enjoyment of Grantors' respective property rights and Grantors' use of their respective watercraft, and so long as Grantees' dock fully complies with all applicable regulations, laws and ordinances. All of Grantees' watercraft and dockage materials combined, without limitation, must lie inside the boundaries of the Dockage Area, meaning that none of Grantees' watercraft or dockage materials may lie outside of the Dockage Area in the water. As shown and legally described in Exhibit A-2, the northerly and southerly boundaries of the Dockage Area are parallel lines in the water,one of which begins on the shoreline one foot south of the Easement Area ("South Boundary Line of the Dockage Area"), and one of which begins 7.9 feet north of the Easement Area("North Boundary Line of the Dockage Area"),respectively, except that the boundary lines in the water are angled from the shoreline so as to be roughly perpendicular to the shoreline. Exhibits B-1 and B-2 hereto reflect the dock configuration for which the Grantees sought and received approval from the City of Orono and the LMCD for a 2014 Joint Use Dock License and a 2014 Multiple Dock License, respectively. Those License Applications submitted by Grantees also reflected configurations of the Grantors'respective docks. After 2014,if there is a change in either of the Grantors' respective dock configurations or uses, which change gives rise to any additional License Application expenses — including expenses associated with any survey required by reason of that change — then Grantors shall be responsible for such additional expenses associated with the License Applications or surveys. In all other events, however, Grantees shall be solely responsible for any and all expenses associated with yearly applications for the City of Orono Joint Dock License, the LMCD Multiple Dock License, and any other required Licenses or approvals respecting or relating to the Grantees' dock, including any required surveys. As depicted in Exhibit A-2, after 2014 Grantors shall not place any of Grantors' dockage materials closer to the Dockage Area than a straight line that is 23 feet from the North Boundary Line of the Dockage Area at the shoreline and 28.6 feet from the North Boundary Line of the 3 Dockage Area ata point 100 feet from the shoreline into the water,and a line 4 feet south of,and parallel to,the South Boundary Line of the Dockage Area. 3. Canopies and Lifts. At their sole expense, and as part of their allowable dockage materials, Grantees may install a canopy or canopies over their dock structure installed within the Dockage Area, and a boat lift or lifts for their watercraft, so long as the canopies and lifts comply with the LMCD Ordinance and the restrictions in this Easement. 4. Low-Voltage, Electrical System and Lighting. At their sole expense, Grantees may install and maintain a low-voltage electrical system solely for pathway lighting on the Easement Area, as long as the electrical system complies with applicable code requirements. The maximum number of light fixtures that may be installed for pathway lighting is 10, and the maximum height of any such light fixtures is 18 inches from the ground. The light from such light fixtures must be shaded and directed downward,so that the light produced by the electrical system does not interfere with the use and quiet enjoyment of Grantors' Properties. Grantees must obtain all necessary permits to install and operate such low-voltage electrical system. In addition, at their sole expense, Grantees may install electric power to the shoreline, for boating purposes only. Grantees may not install any spotlights on the dock structure or elsewhere. 5. Storage Shed. At their sole expense,Grantees may keep and maintain the storage shed that exists on the Easement Area as of the date of this grant of easement,the location of which is reflected in Exhibits A-1 and A-2, the dimensions of which storage shed are 4 feet in width, 8 feet in length, and 58 inches in height. Grantees may have one storage shed only for their combined usage. If the existing storage shed is rendered unusable, Grantees may replace the existing storage shed at the location shown in Exhibits A-1 and A-2 with one storage shed for their combined usage, so long as the replacement shed does not exceed the above-referenced dimensions and complies with applicable code requirements. Grantees are responsible for obtaining all necessary permits and approvals for building and maintaining such a storage shed. 6. Storage of Docking Materials During the Off-Season. Grantees may store dockage materials on the Easement Area during the non-boating season only, with the following limitations: a. Dockage materials which may be stored are only those poles,standards,platforms,and canopy supports,necessary for Grantees'dock structure,as described in Paragraph 2 above,but specifically excluding boat lifts,which may not be stored on the Easement Area or in the water during the non-boating season. No surplus dockage materials may be stored on the Easement Area at any time. For the purposes of this provision,dockage materials that form part of the Defendants' foot pathway throughout the boating season shall not be deemed surplus dockage materials. b. Dockage materials may not be stored closer to Lake Minnetonka than a line extended from the lake-side exterior wall of the Khans' residence in its current location on the Khan Property,as shown in Exhibit A-2. 4 c. Under no circumstances may Grantees' dockage materials be stored on the Khan Property's portion of the Easement Area. d. Grantees'dockage materials must be neatly stacked within the Easement Area. e. The height of the Grantees' dockage materials when stacked/stored on the Easement Area may not exceed 4 feet at any point, with the exception that the canopy supports may be leaned upon the stacked dockage material in the Easement Area on the Kelly Property's side of the Easement Area and on the south side of the stacked dockage material. 7. Maintenance. Grantees shall maintain at their sole expense the footpath and any other improvements that they make on the Easement Area. Grantees shall not remove any trees from the Easement Area without the prior written approval of Grantors, which approval shall not be unreasonably withheld when necessary. Grantees may not improve or use the Easement Area in a manner that would channel and divert water nm-off away from the Easement Area and onto other portions of Grantors' Properties. Notwithstanding the above, Grantors acknowledge that absent any effort by Grantees to channel and divert water run-off away from the Easement Area, some water run-off will naturally flow off of the Easement Area onto other portions of Grantors' Properties, and that this does not constitute a violation of the Easement. Grantors have no obligation to maintain any improvements made by Grantees on the Easement Area. 8. Walver of LMCD Ordinance Set Back Requirements. To the extent necessary to give effect to this Easement, and to the extent it is permitted,Grantors will orally waive,or waive in writing if required by any regulations, laws, or applicable ordinances, any applicable setback requirements set forth in the LMCD Ordinance. 9. Consent to Single Gantiwav from Shoreline. In accordance with the parties' intention and agreement as reflected in Exhibits B-1 and B-2,Grantors will consent to, and to the extent necessary apply for, a permit or license from LMCD that will allow a single main dock or gangway to be installed in the water from the shoreline for the purposes of Grantees' dock structure, and Grantors will not revoke such consent. As noted above, the costs of any such permit or license application will be borne by Grantees. 10. Quiet Enloyment. Each of Grantees' use of the Easement must be in a manner that does not unreasonably interfere with Grantors' use and quiet enjoyment of Grantors' Properties. To the extent any government office or agency asserts any claims or imposes any restrictions or directives respecting any use of the Easement or Dockage Area, it shall be the obligation of the Grantees to address and conform to such claims,restrictions and/or directives,and Grantees shall hold Grantors harmless as to same. Grantors shall take all actions reasonably necessary to fulfill the intent of the parties' Easement, as reflected in Exhibits A-I and A-2 and B-1 and B-2,or any mutually agreed modifications to Exhibits A-1 arnd A-2 and 13-1 and B-2. 11. No Conveyance without Grantors' Annroval. No Grantee may sell, convey,transfer or assign the Easement granted herein without the prior written approval of Grantors,unless such sale, conveyance, transfer or assignment occurs as a result of the conveyance of the respective Grantee's Property,as referenced herein. 5 IN WITNESS WHEREOF, this Amended and Restated Access and Watercraft Docking Easement has been executed on the day and year first written above. ......... ..4, a2............. --- -2 imim Fai Brett T. Broghammer , 1 au„,,,,,i ___....,_ en 3.Khan V Carolyn A.Broghammer Subscribed and sworn to before me by Subscribed and sworn to before me by Faiz M. Khan and Kathleen J. Khan, husband Brett T. Broghammer and Carolyn A. and wife, �� Broghammer,husband and wife, this ((n day of '��>44e7 ,2014. this $ day of .t 4 pr,2014. 011111 .r ',r ...lel ./7 Notary ►• Public - - _ __ RRIF JONN B BIGLOW i ky Notary Public I ,,,�,°� 4,, HOPE LEE SCHROEPPEL , f Minnesota lR=;) NOTARY PUBUC—MINNESOTA ' + 11 My Comm. Expires .,,... My Commission Expires Jan.31.2017 — Jan 31.2015 el K.Kel D Kel /-4 r--1-0-----——-—"'f '--- 1141 ?)[)6-4—1;rei):4 ef I 4-'/.ly y Ronald R Davisson i . 411,,,, , a. 5e.a7,,eei_i_a--)t) .:.,--,k4 fly /;ii ith A.Davisson (,,,,,/ / Subscribed and sworn to before me by Subscribed and sworn to before me by Daniel K. Kelly and Jeanne A. Kelly, husband Ronald R. Davisson and Judith A. Davisson, and wife, husband and wife, this ,lli•.: of DUQ4' ,2014. this Y da f d P c P bp, 2014. . fk N. -ti1fi►i— Notary Public . ,+`�1 ,, HOPE LEE SCHROEPPEL . i 1 NOTARY PUBLIC—MINNESOTA .•' • KEVIN D KENOS My Commission Expires Jan.31.2017 ''`'`'' ,p. :_ ems; NOTARY PUBLIC MINNESOTA < ;;:::' MY COMMISSION WIRES 01/31117 ,/i< Kevin L. Gillis .. 6U11--.‘ •Gillis Subscribed and sworn to before me by Kevin L. Gillis and Julia R Gillis,husband and this 5'"day of)--e&ary vim,2014. r ra DANIELLE LYNN JONES . ; NotaPublic-Minnesota ''4-,--:.11.:v My{oe�si0I . an st. t 8 111.2 No . pu7. ...,...J-- .3.5 A31€51/4"."'"A---L— Scott E.Hanson Ail `M Jennifer'. ,,rr-6n Subscribed and sworn to before me by Scott E. Hanson and Jennifer N. Hanson, husband and wife, /I this ZS day of , ley' ' V ,2014. fw C_ el' OU fAillq5, Notary • .lic ea. RUTH C.GROVE-LORENTTZ 7 !7. - 14 15 N THIS INSTRUMENT WAS DRAFTED BY: Stinson Leonard Street LLP(STA) 150 South Fifth Street,Suite 2300 Minneapolis,MN 55402 John B.Biglow,Esq. Attorney at Law 895 Tri-Tech Building 331 Second Avenue South Minneapolis,MN 55401 Davisson&Associates,P.A.(PKD) 4124 Quebec Avenue No.,Suite 306 Minneapolis,MN 55427 8 / \ // \ yQ r- C) 1 i * a{ ai / 1 a m / �\ ,\ / / _ 70,*4. I 1 \ O d / — \ ,1i s / ., i 1 \ 8 w / -4 ' 11 \ •o n J �.. 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MINNESOTA / 4/ //, i /, ifiN �h »� ,r ftikttsr 1��' • o:sr r�aur>Zlnlgu �• 44444et -cam sag mar aF , a/ _ Julio= i r , air am c w+°a► � �/ AL 11 1 30 07 i 4, 1M MK / / -•"•' �'1 1, r Or W' 'NOCIOICt / �4 '! f T •..... •.I..e:P..:: / e "\z / lc, -.`.i44 *ki r vow~ ! $.-.. / .\`\s. �aea_1 '` ,4„., a p h 0 15 z...t... .,--014\ i. . /- No ./�i,/ 1S / "I*14%\40::::44(1 i‘N. 40 +. / I' N -r N. 0/ ‘5 SNOW LOC Ale TIC / ar moon t>sa �' �- •� N �♦ `\/ fp / 6' `� \ •q / /} Nc \ c/fc • 4> I kt /,� 44rk,k, NWroY ' 1+ i LEGEND V • FOUND IRON MONUMENT G SET IRON MONUMENT MARKED WITH UCENSE NUMBER 44123 O SET IRON REBAR "* LIGHT ® ELECTRIC OUTLET POST m ELECTRIC BOX r Dated list 2610 ds sf August, 2014 4_:._.-1„.1_..._i NM _ 1230 TON 00021N6.Mao= 1It � EXHIBIT maim 1 ure� "DOCKAGE AREA" A.2 Aim 7 gem $eab"Sid s 110N014 Inc,eanesrasss' ea Fitz 10. - - pap time swim'ore mass UT* • LEGAL DESCRIPTION OF"DOCKAGE AREA': An area for dock and watercraft placement purposes over and across an area of water 42.00 feet in width,lying 18.88 feet northeasterly,and 23.12 feet southwesterly of Line"A",described as follows: Line"A": Beginning at the intersection of the southerly line of Lot 6,Block 1,PIRATES COVE,Hennepin County,Minnesota and the Ordinary High Water Line(929.4 contour)of Lake Minnetonka;thence southeasterly,deflecting 24 degrees 15 minutes 24 seconds to the right from said southerly line,a distance which conforms to the allowable length of docks in Lake Minnetonka under any applicable regulations,laws or ordinances,including the Lake Minnetonka Conservation District Ordinance. • PROPOSED DOCK LOCATION SURVEY FOR • PIRATES COVE DOCK OWNERS IN LOTS 8 & 7. BLOCK 1, PIRATES COVE $ENNEPIN COUNTY. MINNESOTA mut +�.. 111%) j -2) O M 40 00 6 moml C A t L IN 2212 ute 111N(M461ar - /No,. 41, 101 ,e ,s.. 7 j 1 LAKE rtnAcior MINNETONKA •t CE110101 WI WARR ral+4 .: OMNI=MI MAR=!rr TOTM.SCUM- 1/44-41 . .ss.-rr-7614-sr GRONBERG AND ••w ti•,l• + "+..a '' 0.4 u...,t.r.tfas (EchibIt B-1 PROPOSED DOCK LOCATION SURVEY FOR PIRATES COVE DOCK OWNERS IN LOTS 8 & 7, BLOCK 1. PIRATES COVE HENNEPIN COUNTY. MINNESOTA rmora,'r alMIS114 0►IOt • qt.. a ...:. -00 0 =0 b 40 / 1 MOM 1111111111111 man mom 6 / f !CA6t IR rcer / / .• .. ., --- ,,.,,,it. ye / '.._ / N(4144/ ligrut • 4141i.• 1 / A. ,1 9 NN.:/:" �I> / � •; . /� ‹ib.:Ik'%. '''.. • -,,KIIIRAVIML8' LAKE MINNETONKA •t am=D1U Mx wank vain •0 aDG U 001 IWO=stT TOM SHOWLti• 1474-ft 4 t33e-t?.3324-77 �11�s NO=Al data.«datisy tae pnv.•4 otors oa+q�tea en Wm mar if _r lid AR ' O��IBBA :A i 'RGso + ' rely '"'`pews, *ars'1r.r air.mar ""411111 Exhibit B.2 .