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Home My WebLink About2021 Declaration of Pedestrian Easement No delinquent taxes 1111 1111 I 111 1111 II II Transfer Entered Oct 28, 2021 1:00 PM LAND TYPE Torrens (T) DOC NUM 5888559 Hennepin County, Minnesota Certified, filed and/or recorded on Mark Chapin Oct 28, 2021 1:00 PM County Auditor and Treasurer Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 2341663C Document Recording Fee $46.00 Document Total $46.00 PID(s) 10-117-23-14-0022 Existing Certs 1532239 This cover sheet is now a permanent part of the recorded document. DECLARATION OF PEDESTRIAN EASEMENT THIS DECLARATION OF PEDESTRIAN EASEMENT is made this 11 day of CeAthti7 , 2021, by and between the CITY OF ORONO (the "City"), a Minnesota municipal corporation, and Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018, (referred to herein as "Declarant"). RECITALS A. Declarant is the owner of certain property located in the City of Orono, Hennepin County, Minnesota, legally described as Lots 1, 2, and 3, Block 1; Outlots A, B, and C, Shoreline Estates, Hennepin County, Minnesota("Property"). B. Declarant desires to provide a shared easement for pedestrian access over Outlots A, B, and C, for the benefit of the owners of Lots 1, 2, and 3, Block 1, Shoreline Estates, Hennepin County, Minnesota. ("Pedestrian Easement"). C. The City of Orono, a Minnesota municipal corporation, is requiring the Pedestrian Easement as part of the development of the final plat of Shoreline Estates. NOW, THEREFORE, in consideration of the foregoing, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, and easements hereafter set forth, which shall run with the Property and be binding on all parties, now or hereafter having any right, title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom are hereafter referred to individually and collectively as "Owners"), and shall inure to the benefit of the Owners. 1. Recitals Incorporated. The recitals set forth above are hereby incorporated into and made a part of this Declaration. 2. Declaration of Pedestrian Easement. Declarant hereby covenants and agrees as follows and hereby declares and creates a perpetual, non-exclusive easement for pedestrian access 278323 f 1 f over and across Outlots A, B, and C, Shoreline Estates, Hennepin County, Minnesota, for the benefit of the Owners of Lots 1, 2, and 3, Block 1, Shoreline Estates, Hennepin County, Minnesota for the passage of the Owners, their guests and invitees. 3. Successors and Assigns. Except as otherwise provided herein, this Declaration and all terms hereof shall be perpetual, shall be deemed to run with the land, and shall be binding upon, and inure to the benefit of, Declarant, its respective heirs, successors, and assigns. 5. Fee Title. Declarant, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Pedestrian Easement Premises. 6. No Partnership. None of the terms or provisions of this Declaration shall be deemed to create a partnership between or among the parties, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 7. Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Minnesota. 8. No Public Access Rights. This Declaration does not create or convey any interest in or rights to the public with respect to Outlots A, B and C, Shoreline Estates, Hennepin County, Minnesota. 9. Improvements and Landscaping. Each Owner may install improvements subject to the City Code and landscaping on the Outlot owned by such Owner, provided that the Owner of any adjoining Outlot(an"Adjoining Owner") can traverse the improved and/or landscaped Outlot for pedestrian access to and from the Outlot owned by the Adjoining Owner. 10. Indemnity. Each Owner shall indemnify, defend and hold harmless the other Owners from and against any and all claims, costs and expenses (including,without limitation, reasonable attorneys' fees)related to or arising from the use of the Pedestrian Easement by the Owner and its tenants, employees, agents, customers, visitors and invitees. 11. Liability Insurance. Each Owner shall procure and maintain commercial general liability insurance, including contractual liability, with a minimum combined single limit of liability of$1,000,000.00 for property damage and for injuries to or death of persons related to or arising from such party's use of the Pedestrian Easement. The foregoing insurance policy shall name the other Owners as an additional insured. Upon request, each Owner shall provide the other Owners with a certificate of insurance evidencing the insurance coverage required herein. 12. Modification. This Easement Agreement may not be modified, amended or terminated except by a writing executed and delivered by the Owners and the City. 13. Waiver. No waiver of, acquiescence in, or consent to any breach or default of any term or condition hereof shall constitute or be construed as a waiver of, acquiescence in, or consent to any other, further or succeeding breach or default of the same or any other term or condition. 2 14. Severability. If any term or condition of this Declaration shall, in any case,be invalid or unenforceable under applicable law,then the same and all other terms and conditions of this Declaration shall, in all other cases, not be affected thereby, and all such terms and conditions shall be valid and enforceable to the fullest extent permitted by applicable law. 15. Counterparts. This Declaration may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. (Signature Pages Follow) 3 IN TESTIMONY WHEREOF,Declarant has caused this Declaration to be executed as of the date first above-written. DECLARANT: Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018 BY: 1/97( ar Jaco s,Trustee STATE OF j d fit ) )ss. COUNTY OF Daily(1 ) Th foregoing instrument was acknowledged before me this day of 1 ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trus Agreement dated as of April 30,2018. ,,, SHELLY LAFAY ZAJICEKJ A ( lily" m +.Q ,Notary Public —" j-M.I€ State of Minnesota NOTAR f'UBLI � ��:1 My Commission Expires January 31,2026 BY: S - Trisha Blake,Trustee • STATE OFM'IYWnl((- ) )ss. COUNTY OF Y1 ) ITh foregoing instrument was acknowledged before me this 321 day of 4)e(.f.I'1^O ,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Truk Agreement dated as of April 30,2018. AL. IA i / 6L ^E -- NOTARY 'r BLI a�",T.,, SHELLY LAFAY ZAJICEK ar„:1y,' Notary Public .i,:,;ri State of Minnesota ' �� My Commission Expires 14)a:: January31,2026 4 CITY OF ORONO By: eta. Mayer Dennis Walsh (SEAL) _ By: Adam Edwards, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this //L day of QC r , 2021, by Dennis Walsh and by Adam Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted b its City Council. / /AV A4c4 Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 860 Blue Gentian Road Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 SNC/jmo 5 MORTGAGEE CONSENT TO DECLARATION OF PEDESTRIAN EASEMENT Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018 hold a mortgage on the Property, and agree that the attached Declaration of Pedestrian Easement shall remain in full force and effect even if it forecloses on its mortgage,to wit: the Mortgage dated August 30, 2018, executed by Alexandra Jacobs, as Trustee of The Alexandra Revocable Trust Agreement dated November 22, 2006, and by Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008, and October 23,2009,originally known as The Irwin L. Jacobs Revocable Trust Agreement dated November 19, 1999, as mortgagor to Marquette Companies,LLC,a Minnesota limited liability company, as mortgagee,and recorded on August 30,2018,as Document Number T05557428 in the Office of the Registrar of Titles of Hennepin County,Minnesota,assigned to the undersigned by the Assignment of Mortgage recorded on May 16,2019,as Document No.T05613048 in the Office of the Registrar of Titles of Hennepin County Minnesota. ,tH � � Dated this•� day of t)+-Ler, 2021. Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018 BY: /CZ( M. Jails,Trustee STATE OF Jut'i1Iea` ) )ss. COUNTY OF ��'�{ Y1 ) aliThe for going instrument was acknowledged before me this 9-L'J day of �' ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018. NOTARY BLI or...7,, SHELLY LAFAY ZAJICEK 6 a-40`AQ Notary Public •sr _,r+C1 State of Minnesota •,-,411-1\�_;...•,-,411-1� My Commission Expires • January 31,2026 BY: 1-04 ,5�—?.!/ Trisha Blake,e rustee STATE OF MA i ) )ss. COUNTY OF (4firkeir' ) The foregoing instrument was acknowledged before me this dJ� day of 13-54/W 2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable t Agreement dated as of April 30,2018. " bpi oWL-- NOTARY !d BLIC e= 'r.o. SHELLY LAFAY ZAJICEK **._;;-� Notary Public DRAFTED BY: �- ,, State of Minnesota ��,� My Commission Expires CAMPBELL KNUTSON • t January 31,2026 Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651)452-5000 SNC 7