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Home My WebLink AboutGrant access easement/joint maintenance well/septic , , l��o � C�..� , , Doc No A9549940 Certified filed and/or recorded on 8/20/10 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 648968 Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Top of sheet reserved for recordin� data GRANT OF ACCESS EASEMENT AND AGREEMENT FOR JOINT MAINTENANCE TO WELL AND SEPTIC SYSTEM 1. Grant of Easement. Jeffrey A. Person, Remainderman, Jill P. Person and Douglas E. Person, Life Estate Holder, "Grantors",being the Landowner of the following real property located at 630 Big Island, Orono, Minnesota: Lots 11, 12 and 13, Pleasant View, Lake Minnetonka, according to the duly recorded plat thereo£ Subject to a life estate in favor of Douglas E. Person. hereby grant and convey to the Easement Holder"Grantee", Clinton Knudson and Barbara Knudson, being the owners of real property located at 640 Big Island, Orono, Minnesota next to the above cited property, which said Property is described as foilows: Lots 9 and 10, Pleasant View, Lake Minnetonka, according to the duly recorded plat thereof. a perpetual, non-exclusive, rent-free, easement for ingress and egress to the Landowner's Property described above from Easement Holder's property on, over and through that portion of the Easement Property, to gain access to Landowner's two 1,000 gallon Norwesco Bruiser septic tanks which will flow to a 1,000 gallon pumping chamber, the"septic system". 2. Use of Access Easement. The onlv purpose of the Access Easement is to provide access to Easement Holder to maintain the septic system in the event that Landowner fails to maintain the septic system and equipment located on Landowner's property. If Landowner fails to maintain the septic system pursuant to this Agreement, Easement Holder shall have the right to complete maintenance and Landowner shall reimburse Easement Holder for all expenses associated with such maintenance. Nothing in this Access Easement is intended to prohibit use of the Access Easement by the Landowner, provided such use does not interfere with the use of the Access Easement by the Easement Holder. 3. Requirements of the Septic System. If the tanks have less than two feet(2')of cover, the lids, risers and maintenance hole covers must be insulated to a value or R10. 4. Maintenance. The Landowner shall be responsible for maintaining the Easement Property to the extent necessary for the uses described in this Access Easement. The tanks shall be pumped or inspected per the City of Orono requirements. The septic system shall be inspected by the Landowner or a qualified Inspector as determined by the (ocal unit of government for wet areas. The Landowner shall provide the Easement holder with a copy of such pumping record and inspection results after completion of each. The Landowner shall be responsible for any other requirements as determined by the local unit of government. Nothing other than human waste,toilet tissue, laundry, showers, water softeners, etc. may be disposed into the septic system. Iron filters shall be diverted out of the septic system. The water softener shall be diverted out of the septic system if the iron filter is diverted. The landowner shall also not use a garbage disposal that would flow into the septic system. Landowner shall not complete more than four loads of laundry each day. Landowner agrees to limit use of soaps, antibacterial soaps, cleaning agents, shower cleaners and chlorine agents to mitigate any killing of bacteria required to treat septic effluent. Page 1 of 5 5. Damage to Easement Property. The Landowner and Easement Holder shall be responsible for any damage they may cause to the Easement Property. The party responsible for such damage shall promptly make all needed repairs, restoring the Easement Property to its condition prior to the damage. 6. Obstructions to Use of the Easement Property. The Landowner, Easement Hotder and any person permitted to use the Easement Property under the terms of this Access Easement shall not utilize the Easement Property in a way that interferes with its use by any other person permitted to use it. Any obstructions or impediments to the use of the Easement Property may be removed, without notice, by the Landowner or Easement Holder and the cost of such removal shall be borne by the party causing or responsible for such obstruction. 7. Enforcement of Agreement. The Landowner and Easement Holder shall have the right to legally enforce this Access Easement and the covenants, conditions and restrictions set forth herein, by whatever action or actions are legally available, including, without limitation, enjoining any violation or threatened violation hereof. 8. Amendments. This Access Easement may not be modified, amended or terminated except by execution and recording of a written instrument signed by both the Landowner and Easement Holder 9. Successors. All of the terms, covenants, conditions, and obligations set forth in this Access Easement shall inure to the benefit of and bind the Landowner and Easement Holder, and their respective personal representatives, heirs, successors,transferees and assigns, and shall continue as a servitude running in perpetuity with the Grantor Landowner's Property. 10. Severability. If any provision or specific application of this Access Easement is found to be invalid by a court of competent jurisdiction,the remaining provisions or specific applications of this Access Easement shall remain valid and binding. 11. Governing Law. This Access Easement shall be governed by and construed under the laws of the State of Minnesota. Page 2 of 5 ,� IN WITNESS WHEREOF, Jeffrey A. Person, Douglas E. Person and Jill P. Person have agreed to and executed this Access Easement. � By: Jeffr . Pers J' 1 P. erson , STATE OF MINNESOTA ) , ) ss. COUNTY OF ) � Personally came befo;e me this �5� day o,`' , 02��o ,the aoove named Jeffrey A. Person and Jill P. Person to me known to be the persons who executed the foregoing instrument and acknowledged the same. � -�-��-C.� � �� Signature of Notary Public �W�ET�A M�w� Page 3 of 5 � � � gy. � . ��a-„�-. Doug as E.Person STATE OF MINNESOTA ) ) ss. COUNTY OF�-..�j3�—v�_ ) t� Personally came before me this ��` day of , o�o�a ,the above named Douglas E. Person to me known to be the persons who executed the foregoing instrument and acknowledged the same. � n ---� `�__�\ " "� V�D cU�. �^.45�� Signature of Notary Public IINMlT N�Iry�WMe AA��M� Page 4 of 5 ACCEPTANCE OF EASEMENT HOLDER'S INTEREST The foregoing Access Easement is hereby duly accepted by Clinton Knudson and Barbara Knudson this l� � dayof ,,20�� By: �-- Clinton Knudson ��, �� .�- Barbara Knudson STATE OF MINNESOTA ) ) ss. COUNTY OF \ ) �„' ( , Personally came before me this �� day of �...�L� , .2 0 � � ,the above named Clinton Knudson and Barbara Knudson to me known to be the persons who executed the foregoing instrument and acknowledged the same. ��nn� Signature ofNotary Public ��M1►f11A�1! �el� This document was drafted by: Paul B. Ellingboe Attorney at Law 10120 29"'Avenue North Plymouth,MN 55441 (763)232-8083 ATTACHMENT5 EXHIBIT A-Access Easement Map Page 5 of 5 L�v .�ciy�}-�t�v�.= �� f ��:.� � . ��c -- (:i.y� . � � � C(L ��VV\ . i . tx�,�r�,� / � ! _ Lo.h�� - � � �C4�/ `� � �k uc/ }(' Z��S�4��4'� �SC��n�i�1-1'� ��eP.S� � � _ f� C �9M.'a . P ��r \` y��]Y��`7 . _... . S � ��'S�^.t-i-S� _ , _ �� . " n c(�If`'?4p/G�. � . M E��a stiu� I . � �4 ��iA�N14 . j � � - � . . / \ \.Y � � \ �.�__'�..y�.�./Au,l��i�k�./`� �iGu�Ql�j�S..S�` � /�,, ,. �,.: .7 �`'� � q��\ "� 7 � f / � �r ,Q��.,� �/' � _ � -. ... /. > �. � ` � "_'^i g�� c.v^,��'� '� / .�� .�y�pZ ' k k�/ �.Yl� � "I�T `�%�1"�Q51�"I��/��d"1T�j�sp-tif , �-1G�Oya�) � �/ 'p �j 9?. . . , � � �`��'Q.o�l mtS�G . . ' IOG>� .�. � . " ' ' . 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