HomeMy WebLinkAbout02-26-2015 - Amendment to docking easement c6751111111
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Doc No T05236590
Certified, filed and/or recorded on
Feb 26, 2015 12:31 PM
Office of the Registrar of Titles
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.
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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 rad-
day
a
day of �'f 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. Brogharnmer 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 Hanson 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 Cgve, located in Hennepin County,Minnesota(hereinafter
referred to as the"Khan Property"). ✓o
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"}- r/,f
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
"Broghantmer Property").-,/,3
Ronald K. 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").-12-
i
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"). .z
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 g
2- Vpk, pry A'11y r {�
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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 Brogharnmer Property, the Davisson
Property,the Gillis Property,and the Hanson Property are sometimes referred to collectively as
the"Grantee? 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.
EAS!MENT
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 Grantor? 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-l.
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 at a 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 Doeklne 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 run-off away from the Easement Area and onto
other portions of Grantor? 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 Grantor?
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. Waiver 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 Gangway from Shoreline. In accordance with the parties' intention
and agreement as reflected in Exhibits B-I 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 Eniovment. Each of Grantees' use of the Easement must be in a manner that does
not unreasonably interfere with Grantors' use and quiet enjoyment of Grantor? 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 13-1 and E-2,or any
mutually agreed modifications to Exhibits 1{-1 awl A-2 and)3-1 and B-2.
11. No Conveyance without Grantors' nnroval. 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.
.,........ dif s. kilL
Fai . Brett T. Broghammer
LQ 0 _, 1C-Pktc2A.-J —,_
en J.Khan 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 1(D day of Woe7 ,2014. this g day of Pe to Est",2014.
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1 IYA I I 7 — -----
Notary .a!r (411"--
,: Public ----
RIF
JOHN B BIGLOW
47 HOPE LEE SCHROEPPEL (.x.,/4-1 Notary Public
it . ` NOTARY PUBLIC-MINNESOTA , '"�? _1 Minnesota
Expires
� My Comm. Expires
N..0.1 My Commission Expires Jan.31,2017 `' Jan 31,2015
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ll�/-4' -`-'e
Y Ronald R Davisson
1 to 0. tJ
r` ? lly ff:'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 /��.: of Q DAA4 ,2014. this Y da f D P c P...b,' 2014.
N. : lliv
Pu Tbill""
Notary Public
g� HOPE LEE SCHROEPPEL ,`.-• ,..-
sm.+ My Commission Expires Jan.3i,2017 z
NOTARY PUBLIC—MINNESOTA 6 '�t:: KEVIN D KAENOS
` ",1�
N. " NOTARY PUBLIC-MINNESOTA
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,:;;,:' MY COMMISSION EXPIRES 01/31/17
//
Kevin L. Gillis
Gillis ,
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Subscribed and sworn to before me by
Kevin L. Gillis and Julia R Gillis,husband and
this 5 day of Dee ory�,rt0.-,2014.
4r y DANIELLE LYNN JONES
V,..'.-Vi-JV, Notary Public-Minnesota
td My Commission Expires lnn 31.201S 011111
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No . pu7'
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Scott E.Hanson
hit
Jennifer„ ..rn-•n
Subscribed and sworn to before me by
Scott E. Hanson and Jennifer N. Hanson,
husband and wife, /it,,�
this IP
day of '0 I� ^ Y" v ,2014.
W 1 al' - rike -eeate----qs
Notary ' •lic
RUTH C.GROVE-LORENTZ
7 -, NOTARY PC.MINNESOTA
liE*esJ111.31.2015 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 "f
Minneapolis,MN 55401
Davisson&Associates,P.A.(PKD)
4124 Quebec Avenue No.,Suite 306
Minneapolis,MN 55427
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LEGEND V
• FOUND IRON MONUMENT
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MRTH UCENSE HUMBER 44123
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MIt.,.:,:k . .r I/ MX NM 44141012 ..DOCKAGE AREA" A-2
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• 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 Une NA',described as follows:
Line IA': Beginning at the intersection of the southerly line of Lot 6,Block 1,PIRATES COVE,Hennepin
County,Minnesota and the Ordinary High Water Une(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 I, PIRATES COVE
HENNEPIN COUNTY. MINNESOTA s*,,,
mime user for 44.
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PROPOSED DOCK LOCATION SURVEY FOR ‘•••••••••••••'-
PIRATES COVE DOCK OWNERS
IN LOTS 0 & 7, BLOCK 1, PIRATES COVE .
HENNEPIN COUNTY, MINNESOTA
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