HomeMy WebLinkAbout2022 Declaration of Covenants, Conditions, Restrictions and Pricate Roadwy Easement/Maintenance No delinquent taxes
Transfer Entered 11111 11111 I 1111 I III I II
Mar 22, 2022 11:55 AM LAND TYPE Torrens (T)
DOC NUM 5931169
Hennepin County, Minnesota Certified, filed and/or recorded on
Mark Chapin Mar 22, 2022 11:55 AM
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 26 Pkg ID 2417295E
Document Recording Fee $46.00
Multiple Certificates Affected Fee $40.00
Document Total $86.00
PID(s)
21-117-23-23-0060, 21-117-23-23-0061, 21-117-23-23-0062
Existing Certs
1539458, 1539455, 1539459
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
DECLARATION OF COVENANTS,CONDITIONS,
RESTRICTIONS AND PRIVATE ROADWAY EASEMENT/MAINTENANCE
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
PRIVATE ROADWAY EASEMENT (this"Declaration") is made effective as of the r`-
day
"day of'- vjj' Cj , 2022 (the "Effective Date"), by William M. Dunkley and Susan K.
Dunkley,husband and wife ("Dunkleys") (hereinafter Dunkleys shall also be referred to as
"Declarants") and Eric Vogstrom and Elizabeth Vogstrom,husband and wife ("Vogstroms")
RECITALS:
A. Dunkleys are the fee owners of the real property legally described on Exhibit A
attached hereto ("Dunkleys' Lot").
B. Vogstroms are the fee owners of real property legally described on Exhibit B
attached hereto.
C. The real property legally described on Exhibit A and Exhibit B shall be
collectively referred to as the"Property."
D. Declarants plan to construct a private cul de sac upon Outlot A, Pence Lane 2nd
Addition, Hennepin County, Minnesota [hereinafter referred to as the "Road"],
for the benefit of and to service Lots 1 and 2, Block 1, Pence Lane 2nd Addition,
Hennepin County, Minnesota(the"Lots"), and to further provide for the
ownership, use, maintenance and restrictions relating to the Road.
E. As a condition of the final plat approval for the plat of Pence Lane 2nd Addition
("Plat") and as required under the Development Contract for the Plat,the City of
Orono requires the Declarants to impose upon the Property,the covenants,
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conditions and restrictions for establishment of a private roadway within the Lots
and the Road.
NOW, THEREFORE, in consideration of the foregoing, Declarants and Vogstroms
hereby declare 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. Ownership of the Road. Dunkleys' Lot shall be conveyed by Declarants
together with their interest in the Road, which interest shall not thereafter be
separated from or otherwise conveyed without joinder with the conveyance of
Dunkleys' Lot, except as described in the following sentence. In the event the
City of Orono, Minnesota(the "City") determines it to be in the public interest to
utilize the Road as a public road or street,the Owners shall, after notice in
accordance with applicable provisions of City Code (as hereinafter defined) and
Minnesota law, convey their undivided interests in the Road to the City for public
road purposes and for no additional consideration, at which time this Declaration
shall be deemed null and void and of no further use.
2. Road Easement.
2.1) Private Road. Declarants hereby declare and create a perpetual, non-
exclusive easement for private road purposes over the Road for the benefit
of the Lots and for use by the Owners and their invitees, including public
service providers such as police, fire, bus, and ambulance services (the
"Private Road").
2.2) Public Access. Declarants hereby declare and create: (a) a perpetual,non-
exclusive easement over the Private Road, for the benefit of the public, for
access over and across the Private Road; and(b) a perpetual, non-
exclusive easement over the Private Road for the benefit of the City, for(i)
public ingress, egress, and access; (ii)road, drainage and utilities purposes
and uses, including the right to construct and maintain the same, including,
but not limited to, a full and free right and authority to enter upon Outlot A
of the Plat to construct, install, maintain, operate and repair a sanitary
sewer interceptor, lift station, main or line, a water main or line, paved
road, and any and all appurtenances, including drainage control structures,
incidental and related thereto; and(iii) ingress and egress over the Private
Road for inspection by the City of any portion of the Property, animal
control, snow removal, maintenance, repair and replacement of the Private
Road and the storm water drainage facilities on the Property, and exercise
of any rights or remedies granted to the City by this Declaration.
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3. Maintenance of the Road.
3.1) The Owners shall pay an equal share (one-half share per Lot) for all costs
to maintain and repair the Road. Maintenance shall include all necessary
repairs,reconstruction, resurfacing, snow removal, sanding and salting,
lighting, striping, and curbing (the "Maintenance") as the Owners shall by
majority vote determine; provided,however,that all Maintenance shall be
conducted in compliance with all applicable provisions of the City of
Orono Municipal Code (the"City Code"). All Maintenance shall be
conducted by the Owners or their contractors, at the Owners' expense,
when reasonably necessary, all as determined by majority vote of the
Owners and/or as ordered by the City Council.
3.2) Each Owners' share of the costs for Maintenance shall be due and payable
on the date such costs for Maintenance are due and payable to the
provider(s) of the Maintenance for which payment is due. If not paid
when due, each Owners' share of such costs shall bear interest at a rate of
five percent(5%)per annum from such due date to the date of payment,
unless such interest is waived by unanimous vote of the remaining
Owners.
3.3) None of the Owners are exempt from liability for assessments by waiver
of the use or enjoyment of the Road or by the abandonment of a Lot.
4. Prohibitions of Use of the Road.
4.1) None of the Owners shall obstruct or interfere with the rights and
privileges of the other Owners in the use of the Road, and except for
Maintenance of the Road, nothing shall be planted, altered, constructed
upon or removed from the Road. Notwithstanding the foregoing, an
entrance feature may be constructed in the Road,provided the City of
Orono has approved the plans and specifications for the entrance feature.
The entrance feature must be constructed in accordance with the City
approved plans and specifications.
4.2) No vehicles shall be parked in the Road for a continuous period of time
greater than twenty-four (24) hours.
4.3) No vehicle repair or maintenance may be conducted on the Road.
5. Violation,Enforcement, Rights of the City and Lien Rights.
5.1) In the event of a breach or threatened breach by any of the Owners of any
of the terms, covenants, restrictions or conditions hereof,the other non-
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defaulting Owners shall be entitled to full and adequate relief by
injunction and/or all other available legal and equitable remedies from the
consequents of such breach, including payment of any amounts due and/or
specific performance.
5.2) In addition to all other remedies available at law or in equity, upon the
failure of a defaulting Owner to cure a breach of this Declaration within
thirty (30) days following written notice thereof by an Owner(unless,with
respect to any such breach the nature of which cannot reasonably be cured
within such 30-day period, the defaulting Owner commences such cure
within such 30-day period and thereafter diligently prosecutes such cure to
completion), any of the Owners shall have the right to perform such
obligation contained in this Declaration on behalf of such defaulting
Owner and be reimbursed by such defaulting Owner upon demand for the
reasonable costs thereof together with interest at a rate of five percent
(5%)per annum. Any of the non-defaulting Owners may bring an action,
on behalf of the non-defaulting Owners,to collect the defaulting Owner's
share of such costs, and shall be entitled to recover such reasonable
attorney's fees as the court may allow,together with all necessary costs
and disbursements incurred in connection therewith.
5.3) In the event the Owners fail to conduct Maintenance, it is agreed by all
Owners that the City may undertake such Maintenance and assess each
Lot an equal share of the costs for Maintenance conducted by the City.
Any such Maintenance conducted by the City will not result in the Road
becoming a public roadway. Each of the Owners agrees to pay to the City
its equal share of the costs incurred by the City for such Maintenance
within thirty (30) days following written notice thereof from the City to
each of the Owners. Failure of the Owners to reimburse the City for any
such Maintenance conducted by the City as required herein shall result in
a claim for reimbursement and shall be assessed by the City against the
Lot(s) for which payment has not been made and shall constitute a lien
against said Lot(s)which shall be filed by the City in accordance with
applicable provisions of the City Code and the City is entitled to recover
reasonable attorneys' fees and costs for collection thereof.
5.4) In the event actions of an Owner results in damage to the Road, or if an
Owner fails to pay any amount due for Maintenance pursuant to this
Declaration, then such actions shall be deemed a breach of this
Declaration, and in addition to all other remedies available at law or in
equity, including the remedies provided in Section 5.2 above,the non-
defaulting Owners may elect to (i)restore the Road to its prior condition
(in the case of damage to the Road), or(ii)pay such defaulting Owner's
share of the costs for Maintenance (in the case of non-payment). The
costs paid for such restoration and/or paid for Maintenance, including
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interest at a rate of five percent(5%)per annum and all costs and expenses
including reasonable attorneys' fees and costs shall be assessed against the
defaulting Owner in favor of the non-defaulting Owner(s) and shall
constitute a lien against the Lot of the defaulting Owner until paid,
effective upon the recording of a notice of lien with respect thereto in the
official real estate records of Hennepin County, Minnesota; provided,
however, that any such lien pursuant to this Section 5.4 shall be subject
and subordinate to (i) liens for taxes and other public charges which by
applicable law are expressly made superior; and(ii) all liens recorded in
the official real estate records of Hennepin County, Minnesota prior to the
date of recordation of said notice of lien. Upon the timely curing by the
defaulting Owner of any default for which a notice of lien was recorded,
the party recording the same shall record an appropriate release of such
notice of lien with the official real estate records of Hennepin County,
Minnesota to release said lien. All non-defaulting Owners, or any of
them, shall have the right and power to enforce this Declaration as
provided herein. Nothing contained in this Section 5.4 is intended to
alleviate any reimbursement obligations of the Owners to the City in
accordance with Section 5.3 above.
6. Voting. In all instances where the Owners have the right to vote on matters
concerning the Road and this Declaration,then the Owners shall be entitled to one
(1) vote per Lot, with a majority vote controlling all such matters. If there is a
deadlock(1-1 vote)with respect to any matter concerning the Road or this
Declaration, then any of the Owners may petition the City Council to break the
deadlock in which case a majority decision of the City Council shall control.
7. Binding Effect. This Declaration shall run with the Property and shall be binding
on and inure to the benefit of the Owners,their heirs, representatives, successors
and assigns.
8. No Amendment. This Declaration may be modified or amended only upon the
recording of a document in the official real estate records of Hennepin County,
Minnesota, setting forth such amendment and fully executed by all of the Owners,
and any other party having a recorded interest in the Property. The modified or
amended Declaration must be approved by the City of Orono.
9. Severability. Invalidation of any covenant, condition, or restriction set forth
herein by judgment or court order shall in no way affect any of the other
provisions hereof, which shall all remain in full force and effect.
10. Warranties of Title. Declarants and Vogstroms represent and warrant that they
are the lawful Owners of the Property and have the full right,title and authority to
enter into this Declaration. Any mortgage lender, or other party with an interest
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in the Property, if any, shall consent to this Declaration,which consent shall be
attached and made a part of this Declaration.
11. Notices. All notices, communications, demands and requests permitted or
required to be given to the Owners under this Declaration shall be in writing and
shall be deemed to have been given(a) when personally delivered, or(b) one(1)
business day after being delivered to a reliable and recognized overnight courier
or messenger service which provides receipts of delivery,with fees prepaid or
charged to the sending party, or(c)three (3)business days after being deposited
in the United States mail in a sealed envelope with registered or certified mail
postage prepaid thereon, addressed to the Owners at such Owner's Lot.
12. Governing Law. The laws of the State of Minnesota shall govern the
interpretation, validity,performance and enforcement of this Declaration.
IN WITNESS WHEREOF,Declarants and Vogstroms have executed this Declaration
the day and year first above written.
Remainder of page left blank.
Signature pages follow.
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DECLARANTS:
0/1/i- -
William M. Dunkley
\��..D • 111 t . . A.1 \ '
Susan . Dunkley
0
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this \ " day of
2022, by William M. Dunkley and Susan K. Dunkley, husband and wife.
C.--r-1 _,b_j - 5A ,
No ary Public
,4i'`'"„ REBECCA L. SCHEIBER
Notary Public-Minnesota
C Calm iselan bons Jen 31,2025
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VOGSTROMS:
V `
Eric Vogstrom
Elizabeth / •gstrom
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 11 = day of
, 2022, by Eric Vogstro . d Elizabeth Vogstrom,husband and wife.
t'I)/, 9,
N•tary Public
REBECCA L. SCHEIBER
Notary Public-Minnesota
"*-1.61.Y. My Commission Expires Jen 31.2025
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CITY OF ORONO
By: 0.kg32-2:C)1
Dennis Walsh, Mayor
(SEAL)
By:
Adam Edwards, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this N day of
,tot fl{1 ,2022,by Dennis Walsh and 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 by its City Council.
ni
�ff1JJ�ff1l-rllllllllllltll�' Notary Public
s �'"`���" ANNA MARIE CARLSON
E�-' ?+ .11 NOTARY PUBLIC-MINNESOTA
'• My Commission Expires Jan.31,2025
fll1.rll./YJYl�lllJ.../YlltJllrl./-l-'.
INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan,Minnesota 55121
Telephone: (612)452-5000
SNC
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EXHIBIT A
to
DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS
AND PRIVATE ROADWAY EASEMENT/MAINTENANCE
Lot 1, Block 1, Pence Lane 2"d Addition, Hennepin County, Minnesota
218545v6
EXHIBIT B
to
DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS
AND PRIVATE ROADWAY EASEMENT/MAINTENANCE
Lot 2, Block 1, Pence Lane 2nd Addition, Hennepin County, Minnesota
218545v6