Loading...
HomeMy WebLinkAbout2006-P10351 - land alteration PERMIT CITY OF ORONO 2750 Kelley Parkway- PO Box 66 Permit Number: P10351 Crystal Bay, Minnesota 55323 Permit Type: User Defined (952) 249-4600 Date Issued: 10/11/2006 SITE ADDRESS: 1060 Tonkawa Rd Unit# Long Lake,MN 55356 PID: 08-117-23-13-0019 DESCRIPTION: Proposed Use: Residential Permit Class: General Permit Type: User Defined Permit Sub-type(s): Land Alteration(0-500 cu yc DETAILS: Approved per resolution#: Separate permits required: NOTICES/REMARKS: Permit On Two Homes 1060& 1070 Tonkawa Rd FEE SUMMARY: Permit Fee: $ 50.00 Valuation: $ 0.00 TOTAL FEE: $ 50.00 APPLICANT: Water Street Homes LLC OWNER: Will Lansing 464 2nd Street#105 740 Willow Dr S Excelsior,MN 55331 Wayzata,MN 55391 THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED AND AGREES TO DO ALL WORK IN STRICT COMPLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS. PLICANT PERMITEE SIGNATURE IS UE BY SIGNATURE Copies: 1-File(Signatures Required), 1-Applicant, 1-Monthly Reports, 1-Assessing,(If Septic, 1-Septic) Page 1 4�� City of Orono I FOR CITY USE ONLY o ( o P.O.Box 66 'f Date Received: 9/20/0(0 Permit# y-i 2750 Kelley Parkway �V 'I yy` • t Crystal Bay,MN 55323 1\,� _- -I f \NYtyC' (952)249-4600 5 Amount: $ S t_./...0 C.U.P Filed: efr Id Approved By:19 Site Plan: /D•/I-0 Jo Recommends: Approval,6 Denial 0 CITY OF ORONO -USER DEFINED/GENERAL PERMIT (All permits must be approved by the Building Official and/or Zoning Department) Job Site/Owner Information: Site Address: LO 6 a g,i/(9--(,tv - p0,,--0 &. Owner: (J\ A tLi4cn t 7 ✓i b-yv Leit/ /n1(,- : io 66 y'aNK/1--,-,,,Ii—/?,e4,4 /0'7 o 17--.)---,v/64-c i/I- A,cola City: o/z oi-v0 , 'H,v. o,? o,.)o', /ti/N • Home Phone: (9.5--- -_-. ►{-73 , 93 2 fe Altetitate Phone: (9.caj 'j`7/ - /0/3 Contractor/Applicant Information: Contractor/App.: w Ih'/z v-7f P_ ,(444,7_ , ad Contact Person: j19I4 0,62L5 o,) Address: y4'( -Ali 5 g ''s State License #: 203 90 90 4 City: 63(4;LS/a2 Zip: ..C-j?.?/ Expiration Date: 03/o 7 Phone: .4 (.& (PS-6 • 4O0 2 Alternate Phone: C9}zi Y7/ . /6e) TYPES OF USER DEFINED PERMITS ❑ Stairway to Lake ❑ Retaining Walls ❑ Temporary Trailer General-User Defined Surcharge General-User Defined Surcharge General-User Defined *(Per UBC) * (Per UBC) *$30.00 *Estimated Cost: $ *Estimated Cost:$ ❑ Docks—42"or Greater ] Land Alteration ❑ Zoning Review General-User Defined Surcharge General-User Defined General-User Defined ❑ Commercial-(Per UBC) g 0-500 Cubic Yards *For 0-75'Zone-$30.00 *Estimated Cost: $ $50.00(Needs Site Plan) General-User Defined ❑ 501+Cubic Yards ❑ Residential- $30.00 $50.00(Needs C.U.P.) ❑ Tree Removal General-User Defined *Within 0-75' -$30.00 I herby apply for a User Defined Permit and I acknowledge that the information above is complete and accurate;that the work will be in conformance with the Ordinances and Codes of the City and with the State Building Code;that I understand this is not a permit and work is not to start without a permit; and that the work will be i accordanc ith the approved plan. s-7 zet-// -a-,-e"=.________ /.;:e cy Applicant Date Reset Form (User Defined Pemut3/18/04) s 1 ooZ. - I . m 1 cDn • t 1.. —► ,. 0 1 o / -v 1,,f/ / \,.4N..........• / zo I �/ ") opo :�� \ -H - 15.0 �� N m0 o° U C) w 71 K CO m < o C° o 1-9 I / 0°/ ��OO Il cd V .:" \ tla 0) . .. \ ii. c.k. / 24.2 � �� ` I m m o cn • I / I �, Dx < o -J4 I c.5 / cn4,:, _, •.. / (�71 / iv D . N, a... / -� // m0 N ✓ I I \� v 24.2 9.8 O PI U -- /-4 ff\ I S D ,u 7.0 cn /\)0 1 lid ( TD 'ew '1 \ 7) M � 0 .� ; � \\ 1 —�—;� Z -T1 til 7021 Z O/ l y. �' \\\ -I �u Z O K tv U) Ir 07 1 --� / W I I �� � rn v�►� I c Jh � I — N G+ 1 / �� II 1 Z „ 0 „.40..„,,, 1 I r— r— �7 �► K°_ li / • ~�~� 11I O 0 I'� n < ��p- — P1 . O03W // �cA / I I / .� r fTl 0 ----7 "c"---) - ---•..-: / - ' / / / : --I tii _< _a_A r., ,..._. , , >c„ _< 13 :: ___.• 1 c.._. ri %117-- \----A.::4,511sii.-.-t: ill / ,_, 5(52›, )1 / .4 •'..' tr:...1 r--- ruri i ,,V E,;,.,72 < oVs. ,___ Dt. o �� i ► :c.??( ►' 1 z D m r CO _:: M 7) � �m o //. r� �I 7D > 0 0 $nom,m'�ia an.f°F /440 "• C) //\)oO c • c -H O oam♦Nom 0• Ire y p W N t N m m G G D \ _^ 5 C N j` i OCO C) 4 ;R Zz _ ti , . :0 _ . i ,, -o Co c o Cn LO C _ r I 1110 i I . 12.8 o ..� __ �_..___ Ux _ _ ott AGREEMENT Date: October S , 2006 Parties: William J. Lansing and Megyn J. Lansing, husband and wife ("Lansings") James E. Suddendorf and Marian A. Suddendorf, husband and wife ("Suddendorfs") RECITALS A. Lansings are the fee owners of real property in Hennepin County,Minnesota,legally described as Lot 1, Block 1, Ryanwood, according to the recorded plat thereof("Lot 1"). B. Suddendorfs are the fee owners of real property in Hennepin County, Minnesota, legally described as Lot 2, Block 1, Ryanwood, according to the recorded plat thereof("Lot 2"). C. Lot 1 is burdened by an appurtenant easement for ingress and egress for the benefit of Lot 2 as reserved in the Warranty Deed recorded March 5, 1985, as Hennepin County Registrar of Titles Document No. 1630607 (said appurtenant easement being herein referred to as the"Existing Driveway Easement"). D. Lansings and Suddendorfs have agreed the Existing Driveway Easement shall be released and terminated on the condition Suddendorfs are granted the new driveway easement over Lot 1 upon the terms and conditions stated in this Agreement ("New Driveway Easement"). Lansings and Suddendorfs are entering into this Agreement for the purpose of stating their agreement regarding: i) the termination and release of the Existing Driveway Easement and the granting of the New Driveway Easement for the benefit of Lot 2, and ii) the terms, covenants and conditions agreed to by the parties for the execution and delivery of the Declaration identified in Paragraph 1 of this Agreement. c:\Suddendorf\Agreement.clean.083006 - 1 - NOW,THEREFORE,in consideration of the foregoing Recitals,which are incorporated in and made a part of this Agreement, and of the terms and conditions stated below, Lansings and Suddendorfs agree: 1. Release of Existing Driveway Easement and Establishment of Replacement Easement. Subject to the terms and conditions stated in this Agreement,Lansings and Suddendorfs agree that they shall execute and deliver the Declaration and Dedication of Driveway Easement in the form attached to this Agreement as Exhibit A("Declaration"), Exhibit A being incorporated in this Agreement by reference. The Declaration shall be executed by the parties and delivered at such time as the terms, covenants and conditions stated in Paragraph 3 of this Agreement have been satisfied. The Declaration shall be recorded as an encumbrance against Lot 1,and shall burden and benefit Lot 1 and Lot 2. The Declaration shall also be recorded on Lot 2. 2. Consideration. The consideration for Lansings' execution of this Agreement and performance of the terms, covenants and conditions stated herein is the Suddendorfs' agreement to tenninate and release the Existing Driveway Easement. The consideration for Suddendorfs' execution of this Agreement and performance of the terms,covenants and conditions stated herein is the Lansings' agreement to grant the New Driveway Easement and comply with and perfolin all of the terms,covenants and conditions stated herein, including payment of all of the costs and expenses described in Paragraph 3. 3. Terms and Conditions for Release of Existing Driveway Easement and Execution of Declaration. Suddendorfs'agreement to terminate and release the Existing Driveway Easement and execute and deliver the Declaration is subject to and contingent upon Lansings'performance of the following terms, covenants and conditions: c:\Suddendorf\Agreement.clean.083006 - 2 - A. Lansings shall complete or arrange for completion of construction of a new driveway providing access to Lot 2, restoration of any damage to landscaping, vegetation or improvements on Lot 1 or Lot 2 and completion of all retaining walls,grading and landscaping work in the area adjacent to such new driveway, all in accordance with the plans and specifications attached to this Agreement as Exhibit B and incorporated herein. Those parts of the new driveway located within Lot 1 shall be constructed entirely within the New Driveway Easement described in the Declaration, and the new driveway shall be constructed in accordance with the terms and conditions of the Declaration. All of such work shall be completed as soon as reasonably possible after the date of this Agreement. Suddendorfs agree that Lansings and the contractors retained by Lansings, and subcontractors employed by such contractors, shall have access to Lot 2 for the limited purpose of completing the work described in this paragraph and in Exhibit B,but subject to and upon all of the terms and conditions stated in this Agreement. All of the work described in this paragraph and in Exhibit B hereto shall be completed at the sole cost and expense of Lansings. B. Lansings shall obtain all required permits and approvals from the City of Orono, Hennepin County, and any other governmental authority having jurisdiction over the performance of the driveway reconstruction work and access to Tonkawa Road for the performance and completion of such work, and shall provide copies or satisfactory evidence of such permits and approvals to Suddendorfs. C. If any public or private utility improvements are located within the area in which the new driveway and landscaping improvements are to be constructed, Lansings and the contractors retained by Lansings shall be solely responsible for assuring that no damage is done to any such utility improvements and that any required consents, permits or approvals are obtained c:\SuddendorflAgreement.clean.083006 - 3 - from any public or quasi-public authorities maintaining such utility improvements for construction of the new driveway and landscaping as required by this Agreement. D. To secure Lansings' agreement to complete the work described in this Agreement and Exhibit B hereto, Lansings shall escrow the sum of $50,000.00 (the "Escrow Deposit"),which is 150 percent of the estimated cost of completing the work described in Exhibit B hereto, with Custom Home Builders Title,LLC("CHBT")as escrow agent, in accordance with the terms and conditions of an Escrow Agreement mutually acceptable to Lansings, Suddendorfs and CHBT. Such Escrow Agreement shall be executed by the parties and CHBT and the Escrow Deposit paid to CHBT by Lansings at the time of execution of this Agreement by the Suddendorfs. The Escrow Agreement shall allow commercially reasonable draws to pay for the costs of performing the work described in Exhibit B hereto, but shall require that at least 33 percent of the Escrow Deposit shall be retained by CHBT until such time as all of the work required to be performed by Lansings under this Agreement has been performed and satisfactory proof of payment thereof has been provided to Suddendorfs and CHBT. Lansings shall pay all costs associated with such escrow and the administration thereof. E. Until such time as Lansings have performed and complied with all of the terms, covenants and conditions described in this Agreement, Suddendorfs shall be entitled to continue to use the existing driveway located within the Existing Driveway Easement and shall have unrestricted access to Tonkawa Road at all times until the new driveway has been completed and the Declaration has been executed by all parties. F. Lansings shall protect, indemnify and hold Suddendorfs harmless from and against any and all costs, damages, liabilities, claims and liens, including, but not limited to, c:\SuddendorRAgreement.clean.083006 - 4 - mechanics' liens, and reasonable attorney fees incurred by the Suddendorfs in defense thereof, resulting from or arising out of the performance of the work described in this Agreement. G. All contractors retained or employed by Lansings to complete the work described in this Agreement shall maintain casualty insurance in commercially reasonable amounts providing coverage for claims arising out of the performance of the work described in this Agreement. Copies of all such insurance policies or certificates evidencing the same are in effect shall be provided to Suddendorfs prior to commencement of the work described in this Agreement. H. Lansings shall be responsible, at their sole expense, for removal of the existing driveway improvements constructed within the Existing Driveway Easement and all other work associated with removal of any related improvements within the Existing Driveway Easement and restoration thereof I. Lansings shall obtain the written, recordable consent of any mortgagees holding mortgages on Lot 1 to the Declaration, which consents shall be attached to and recorded with the Declaration. J. Lansings shall be solely responsible for and shall pay all attorney's and surveyor's fees and recording fees incurred in connection with the drafting,negotiation, execution and recording of this Agreement and the Declaration and performance of their obligations hereunder. Lansings shall also reimburse Suddendorfs for all attorney's fees incurred by Suddendorfs related to the negotiation, drafting, execution, delivery and recording of this Agreement and the Declaration. K. Lansings shall provide Suddendorfs, at Lansings' sole expense, evidence of title to Lot 1 reasonably satisfactory to Suddendorfs' attorney demonstrating that Lansings are the sole fee owners of Lot 1 and that the Declaration, when executed by Lansings and consented to by c:\SuddendorI\Agreement.clean.083006 - 5 - any mortgagees, shall be a valid permanent encumbrance against Lot 1,which is not subordinate to any prior liens or encumbrances,with the exception of any utility and drainage easements of record that do not interfere with or impair the use of the new driveway improvements to be installed by Lansings as provided in this Agreement. At such time as all of the terms, conditions and undertakings described in this paragraph have been satisfied and fully performed by Lansings, Lansings and Suddendorfs shall execute and deliver the Declaration, in duplicate, and a fully executed, recordable original of the Declaration with mortgagees' consents completed and executed shall be delivered to Lansings and to Suddendorfs(i.e. one original to each). If all of the tennis, conditions and undertakings described in this paragraph have not been fully satisfied and performed by Lansings by November 30, 2006, Suddendorfs shall be entitled to terminate their agreement to execute the Declaration upon thirty (30) days written notice to Lansings, whereupon the Existing Driveway Easement shall remain in effect and Suddendorfs shall have no obligation to execute the Declaration or terminate and release the Existing Driveway Easement. 4. Miscellaneous. A. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective heirs, successors and assigns. B. If any action,lawsuit or other proceeding is initiated to enforce the provisions of this Agreement, the prevailing parties in such action, lawsuit or proceeding shall be entitled to recover, and the non-prevailing party agrees to pay, all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Such recovery of attorney's fees and costs shall be in addition to any and all other remedies available, at law or in equity. The rights and obligations of c:\Suddendorf\Agreement.clean.083006 - 6 - the parties to this Agreement may be enforced by an action in law or in equity, and equitable remedies, including, injunctive relief, shall be available to enforce obligations arising under this Agreement. C. This Agreement supersedes all prior discussions and negotiations of the parties relative to its subject matter and constitutes the sole agreement of the parties related thereto. This Agreement may not be modified, amended or its provisions waived in any way except by a written instrument dated subsequent to the date of this Agreement and signed by the parties to be bound by such amendment, modification or waiver. D. Lansings and Suddendorfs represent they are the sole fee owners of Lot 1 and Lot 2, respectively, and have the right and authority to enter into this Agreement and perform their respective obligations hereunder. E. This Agreement maybe executed in multiple counterparts,each of which shall be deemed an original and all of which together shall be considered one and the same instrument. Any party may execute a counterpart of this Agreement and deliver such counterpart to the other party by facsimile to the following facsimile numbers: If to Lansings: - G \- -°1 I If to Suddendorfs: 9S 2- 993- SSV Delivery of a copy of this Agreement by facsimile shall be complete upon confirmation of facsimile transmission. F. Any notice,demand or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given and delivered one business day after having been mailed by Certified Mail via the U.S. Postal Service, addressed c:\Suddendorf Agreement.clean.083006 - 7 - as follows: If to Lansings: William J. and Megyn J. Lansing 1060 Tonkawa Road Orono, MN 55356 If to Suddendorfs: James E. and Marian A. Suddendorf 1070 Tonkawa Road Orono, MN 55356 Certified Mail notice shall be deemed duly delivered whether or not the addressee executes a Certified Mail receipt. Any party may change its address for notice purposes by notice given to the other parties as provided in this paragraph. Lansings and Suddendorfs have executed this Agreement effective as of the date first above written. 0 • b� J lis Date: v William J. Lansing Lo s Date: -. Meg J. 'n ng Date: / — S' 0 f,, .4111 � dendorf Date: /L' --.�—D C A.me' Marian A. Suddendrf c:\Suddendorf\Agreernent.clean.083006 - 8 - EXHIBIT A DECLARATION AND DEDICATION OF DRIVEWAY EASEMENT DECLARATION AND DEDICATION OF DRIVEWAY EASEMENT THIS INDENTURE,made this day of October,2006,by WILLIAM J.LANSING and MEGYN J. LANSING, husband and wife (hereinafter "Lansing"), and JAMES E. SUDDENDORF and MARIAN A.SUDDENDORF,husband and wife(hereinafter"Suddendorf'). RECITALS. A. Lansing is the fee owner of certain real property located and situate within Hennepin County, Minnesota, legally described as follows, to-wit: Lot 1, Block 1, RYANWOOD, according to the recorded plat thereof (title to which is registered and embodied in Certificate of Title No. 1154294 in the office of the Registrar of Titles in and for Hennepin County, Minnesota) hereinafter "Parcel 1". B. Suddendorf is the fee owner of certain real property located and situate within Hennepin County, Minnesota, legally described as follows, to-wit: Lot 2, Block 1, RYANWOOD, according to the recorded plat thereof (title to which is registered and embodied in Certificate of Title No. 1092453 in the office of the Registrar of Titles in and for Hennepin County, Minnesota)hereinafter "Parcel 2". C. Lansing's predecessors in title granted a non-exclusive driveway easement(the"Prior Easement")to Suddendorfs' predecessors in title that burdened Parcel 1 (as the "Servient Estate") for the use and benefit of Parcel 2 (as the "Appurtenant Estate"), and its owners, and Lansing and Suddendorf now desire to release and vacate the Prior Easement and create a new driveway easement over and across a certain defined portion of Parcel 1 (as the"Servient Estate") for the use and benefit of Parcel 2 (as the "Appurtenant Estate") and Suddendorf, and their successors and assigns. DECLARATION AND DEDICATION. NOW THEREFORE, Lansing, for themselves and their successors and assigns, hereby declares and dedicates the hereinafter described portions of Parcel 1 subject to the non-exclusive Driveway Easement(as herein defined) for the use and benefit as hereinafter provided of Parcel 2. Suddendorf,for themselves and their successors and assigns,hereby declares and dedicates Parcel 2 subject to the covenants,restrictions,and conditions herein set forth. Said Driveway Easement and the covenants, restrictions, and conditions set forth herein shall attach to, be binding upon and run with the Servient Estate and Appurtenant Estate,binding and benefiting the respective owners and their heirs, successors, and assigns forever. 1. Driveway Easement: A perpetual non-exclusive easement and right of way is hereby granted by Lansing, for themselves and their successors, and assigns, to Suddendorf, and their successors and assigns, for purposes of constructing, repairing, maintaining, and replacing a driveway approximately 12 feet in width, and any related retaining walls, culverts or other improvements necessary for the maintenance and use of such driveway, and providing pedestrian and vehicular ingress to, egress from, and access to Parcel 2 (and the improvements thereon) from Tonkawa Road(Hennepin County Road No. 135), over and across the following legally described portion of Parcel 1, within Hennepin County, Minnesota, to-wit: That part of Lot 1,Block 1,RYANWOOD,according to the recorded plat thereof,which lies southerly of the following described line: Commencing at the Southwest corner of said Lot 1;thence on an assumed bearing of North 22 degrees 27 minutes 30 seconds West,along the westerly line of said Lot 1,a distance of 20.00 feet to the point of beginning of the line being described; thence on a bearing of East a distance of 50.00 feet; thence South 45 degrees East to the South line of said Lot 1; thence Easterly along said South line a distance of 27.65 feet; thence North 78 degrees 01 minutes 27 seconds East a distance of 36.15 feet; thence South 79 degrees 23 minutes 22 seconds East to said South line; thence easterly along said South line, a distance of 6.33 feet; thence North 66 degrees 58 minutes East a distance of 51.08 feet; thence South 64 degrees 24 minutes 20 seconds East a distance of 46.26 feet, to said South line of Lot 1, and said line there ending (the"Driveway Easement"). The Driveway Easement and right of way, and the rights and benefits thereby conferred and granted shall attach to, encumber, and burden Parcel 1, and shall be binding upon the owners of Parcel 1, their, successors, and assigns, and shall inure to the benefit of and be appurtenant to Parcel 2, and shall benefit the owners of Parcel 2, and their successors, and assigns, forever, said Driveway Easement and right of way running with the land. 2. Construction, Maintenance, Repair, and Replacement: (a) Driveway Construction and Maintenance. The rights conferred or granted by this Driveway Easement shall include the rights(without limitation)to enter upon and travel across said Driveway Easement for purposes of constructing, maintaining, repairing, and replacing the driveway; plowing and clearing from the driveway surface snow and ice, and depositing the same along side the driveway surface within the Driveway Easement;removing tree branches and natural and unnatural obstructions from the driveway surface;and relocating the driveway surface within the Driveway Easement("Driveway Construction and Maintenance"). Any Driveway Construction and Maintenance undertaken pursuant to this Declaration shall be diligently and promptly completed in a professional manner, using materials, skill, and labors and producing results consistent with the character and quality of the neighborhood,so that the driveway surface may be used for the purposes intended, and so that it has a neat and aesthetically pleasing appearance. (b) Shared Driveway. Lansing and Suddendorf intend to share the driveway surface and use of the driveway over and across that portion of the Driveway Easement and right of way lying westerly of the following described"Line A": Commencing at the Southwest corner of Lot 1, Block 1, RYANWOOD, according to the recorded plat thereof, thence on an assumed bearing of North 22 degrees 27 minutes 30 seconds West, along the westerly line of said Lot 1, a distance of 20.00 feet; thence on a bearing of East a distance of 50.00 feet,to the point of beginning of"Line A"; thence South 45 degrees East to the south line of said Lot 1, and there terminating (the"Shared Driveway"). Lansing or Suddendorf,and their respective successors and assigns,may perform Driveway Construction and Maintenance on the Shared Driveway, or have the same performed by third parties at their request and at their own cost and expense, without seeking contribution or any reimbursement from each other,or from any other party;provided,however,that neither Lansing or Suddendorf,or their respective successors and assigns,shall have any obligation to perform any Driveway Construction and Maintenance on the Shared Driveway. (c) Lot 2 Driveway. Suddendorf, and their successors and assigns, shall perform all necessary and appropriate Driveway Construction and Maintenance on and with respect to the driveway surface within the Driveway Easement that is not Shared Driveway (the "Lot 2 Driveway"), or have the same performed by third parties at their request and at their own cost and expense, without seeking contribution or any reimbursement from anyone. (d) Limitations. Lansing and their successors or assigns,shall not unreasonably restrict, interfere with,impair,or impede the use and enjoyment of the Driveway Easement hereby conferred and granted,or cause any third party to do so,and shall prevent third parties under their control from doing so. Lansing shall not grant any further driveway easement rights in the Driveway Easement Area to third parties. Suddendorf and their successors or assigns, shall not unreasonably restrict, interfere with, impair, or impede the use and enjoyment of the Shared Driveway; and neither Suddendorf, nor their successors and assigns, shall do or cause anything to alter or change the landscaping of Parcel 1, ,except as necessary for the performance of Driveway Construction and Maintenance and shall restore all landscaping and vegetation damaged as a result thereof. (e) Indemnity. In the event either Lansing or Suddendorf,or their respective successors or assigns, incurs or suffers any claims, demands, loss, cost, expense, or damage as a result of any Driveway Maintenance or Construction performed by or at the request of the other, the owner performing or requesting the Driveway Construction or Maintenance shall upon demand indemnify and hold harmless the owner who has incurred or suffered the claims,demands,loss,cost,expense, or damage as a result, including without limitation all reasonable attorneys' fees incurred in connection therewith, and all reasonable attorneys' fees incurred in connection with enforcing the terms and provisions of this Declaration. 3. Effect: The easements, covenants, conditions, restrictions, and other provisions herein contained shall be perpetually binding and enforceable upon Parcel 1 and Parcel 2, and their respective owners and their successors and assigns,forever,and shall attach to and run with the land. 4. Termination. In the event Suddendorf, or their successors and assigns, constructs a permanent driveway surface on Parcel 2 providing permanent legally approved access to Tonkawa Road so that the Driveway Easement is not reasonably required for ingress to, egress from, and access to Parcel 2 and the improvements thereon,then and in any such event the Driveway Easement shall terminate automatically, and upon the request of Lansing, or their successors and assigns, Suddendorf or their successors and assigns, shall execute and deliver a quit claim deed, release, or similar instrument (in recordable form) extinguishing and discharging of record the Driveway Easement. 5. Release of Prior Easement. Suddendorf,for themselves and their successors and assigns, hereby quitclaims and releases to Lansing, and their successors and assigns,and hereby terminates and discharges all existing driveway easements and rights of way over and across Parcel 1 for the use and benefit of Parcel 2,including without limitation the non-exclusive easement for ingress and egress referenced in the Warranty Deed dated December 20, 1984, recorded as Document No. 1630607 in the office of the Registrar of Titles in and for Hennepin County,Minnesota,on March 5, 1985,and the said Registrar is hereby authorized and requested to release and discharge the same of record, it being the intent and agreement of the parties hereto that the Driveway Easement created hereby,and all the rights,benefits,duties,and burdens herein contained shall completely replace and supersede all such prior easements. 6. Severability: Invalidation of any one or more of the provisions herein contained shall not in any way affect the validity of the others, which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of the day and year first above written. WILLIAM J. LANSNG MEGYN J. LANSING JAMES E. SUDDENDORF MARIAN SUDDENDORF STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of October, 2006, by William J. Lansing and Megyn J. Lansing, husband and wife. NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of October, 2006, by James E. Suddendorf and Marian Suddendorf, husband and wife. NOTARY PUBLIC This instrument was drafted by: MACKALL, CROUNSE & MOORE,PLC(aec) 1400 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402-2859 AEC/aec/790607v2 CONSENT OF MORTGAGEE The undersigned,Wells Fargo Bank National Association,a national banking association,as the holder of that certain Mortgage filed for record , as Hennepin County Registrar of Titles Document No. , hereby consents to the foregoing Declaration and Dedication of Driveway Easement and agrees that the lien of said Mortgage shall be subject to the easement established by said Declaration and Dedication of Driveway Easement. WELLS FARGO BANK NATIONAL ASSOCIATION By Its By Its STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by , and , the and of Wells Fargo Bank National Association,a national banking association,on behalf of the national banking association. Notary Public EXHIBIT B PLANS AND SPECIFICATIONS FOR NEW DRIVEWAY AND LANDSCAPING IMPROVEMENTS CONSTRUCTION PLAN Construction shall commence as soon as reasonably possible in accordance with the following: PHASE 1: SITE PREPARATION Remove trees and brush situated along the path of the Proposed Driveway, or where the grade will change and the trees would not reasonably survive the grade change. The only trees to be removed on 1070 lot are those situated where the driveway will be installed per the survey. PHASE 2: GRADING & DRAINAGE Fill low-lying areas with clean fill to raise the grade to support a driveway. Install a culvert in accordance with the Survey. Details of the culvert rip rap are described on attachment A to this Exhibit. A retaining wall will not be installed in the area of the culvert; the grade will be graded down in a natural and stable way, subject to James Suddendorfs' approval. Rip rap stonework shall be installed on both sides of the culvert. Drainage of the area to the north of the detached garage will be addressed by designing the driveway elevation at that point to be below the elevation of the garage doors. See survey elevations. James Suddendorf may, at his election, require installation of a natural boulder retaining wall in the area above the main 1070 lot parking area, as indicated on the attached Survey as "retaining wall A" Suddendorf will make this election by October 31, 2006. James Suddendorf may, at his election, require installation of a natural boulder retaining wall in the area of the 1060 lot north of the 1070 lot's detached garage, indicated on the attached Survey as "retaining wall B" This election to be made by October 31, 2006. James Suddendorf may, at his election, require installation of a natural boulder retaining wall in the area of the 1070 lot immediately after the new driveway comes onto the 1070 lot, as indicated on the attached Survey as "retaining wall C". This election to be made after preliminary grading has occurred, but not later than October 31, 2006. A gutter will be installed to augment the natural grading and to facilitate drainage away from the garage door, in the area north of the 1070 lot's detached garage. This location is depicted on the attached Survey as "gutter location". PHASE 3: BUILD DRIVEWAY Driveway will be built as indicated in the survey description. The driveway shall have a compacted subgrade, covered by crushed limestone, and then covered by asphalt. It shall have a 2% slope to ensure proper drainage. See attachment B to this Exhibit. The driveway will include asphalt up to the detached garage as depicted in the attached Survey as "detached garage driveway." PHASE 4: LANDSCAPING After the driveway is installed, the disturbed ground will be returned to its natural vegetative state. A mix of Pine and Black Hills Spruce shall be planted along northern side of the Proposed Driveway with the intent of providing both the 1060 lot and the 1070 lot with increased privacy. ATTACHMENT A: RIP RAP DETAIL FOR CULVERT END 4 :c"44 .. _ ;Tib ... yet 4 t' , - (( ) MINIMUM RIPRAP REQUIRED R 13'(b'ANO Di(P WPE)� ®�© � MI * IIIIMIIIIMMINE RONRO/Efl OWR%TLE IA r • �'' ®Q SECTION B— mmEna0 © .�- me almc YARU.44 bort IS 2. 4 8 �. APNtO%IMATELY k6 70N5. I:,r",,, A I finici,,„ / -♦ ri i�f t / A ,..,,,,,,,t: ,o,.,_-..„. :,,,,,,,; ,,11,,,,,,., .----4.1,2.,,,•4. ,,,,,__, , %•_x PLAN B a :._ PIPES Nib TE THE�6 NIOp(15 ori MEf ND OURET MNTERRUL Nf CODER LESS 7xW Y MGR TOP OF PPE c CR LESS WIFANL SLA t '. „c� �-� rIS(Jo �A PME, I{ SECTION A—A i:41'''' ''''''' ExrENo v FESEA ,,C ikitt:".'" trt- ,' , - ' ''' ' _ ^tiDSRD o r,,,I5 f fp f } '2� 3`F �A c 1 t . §'Sze `*:i e-1, c S - T 'F her ATTACHMENT B: DRIVEWAY DETAIL SHOWING CONSTRUCTION COMPACI'ED SUBGRADE COVERED BY CRUSHED LIMESTONE COVERED BY ASHPHALT WITH 2% SLOPE in se n• einA 5s 1s f4 S1 MEAR COVRBE 2% P CL 5/0516 GRIMED LDSESTONE COMPACTEDBUBGRADE DRIVEWAY DETAIL ci J 10/02/06 10:15 FAX 9529478383 GELCO INFO. NETWORK a001 • d££L--90 • . pr) o{ . 0 CP ...&1 SPI 53 • %.7`1 3n1. -67' \\% .O°b� o• 14 1r rA,A QC. I , G:SCl/1 ..,, / \ ,ter 10 \ _0 4Y y,, 1 t �� �d .'. ' ; a If f- — ti (\\ \ • t �, N , Win `�, (7' m 1 >. m-� ; D I ~ �d �' � t C' o 1 1 f 1 40. �N 73m 1 f •• as` a PA, TA2 •-< N / M 7 i) II _____ T IN 24.2le . m OT �1 fWi -tr11 a m N J) 1 4 • K 0-a111 U 0 \i". (1:3 $- r cn- P w 0077 yo-- --moi,=: a'o p 0 \ 1.-._.---- --, \\ ��., \. N r"'^'■.� C11 m-a a F1 r \ tb -'.\--•, -0 ....' ti: C) ��y (it �Y1 4.. T..., ` 1.117 z rn // / m�1 \\ :,��o Z 0 2) / mT 1 " - 'p, -i I .) /t\D I / t 1 C 1