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HomeMy WebLinkAbout#1762 Declaration of Private Road and Maintenance 1899355h ' .. CITY OF ORONO Document Form Sept.. 1979 1899355 DECLARATION OF PRIVATE ROAD EASEMENT AND DECLARATION OF COVENANTS FOR MAINTENANCE OF SAME Parcel D (Private Road Name) Lauranne Woods (Subdivision Name) KNOW ALL MEN BY THESE PRESENTS, WHEREAS, Paul W. Boyke and Virginia L. Boyke, husbanc. and wife, (all fee owners) (he~einafter "the subdivider") is (are) the fee owner(s) of that certain pacoel of real estate located in the City of Orono, County of HennP.pin, State of Minnesota, legally described as follows, See Exhibit A (Subdivision Name) according to the plat of that name on file and of recoro in the office of the County Recorder, in and for Hennepin County1 and WHEREAS, the Subdivider now desires to create a non-exclusive private ~oad easement for driveway, ingress and egress, drainage and utility pur.poses over and across outlot(s) See Exhibit B (Subdivi ■lon Name) for the mutual benefit of Lota Lauranne Woods (Su&Uv!■lon Name) (hereinafter "the private road") 1 and 2 NOW, THEREFORE, in addition to any easements created by any other DeolaratLon of Covenants, Conditions, Restrictions and Easements, the Subdivider does by this Declaration for himself (themselves), his (their) heira, successor ■ 4nd assigns, hereby creates a non-exclusive easement for driveway, ingress and egress, drainage and utility purposes over and across the private road as described above for the mutual benefit of l of 4 . . . . . .. .._ _'tt.,,, .... ,.,_..:, ,,,.,..,,.;.,-._.~:.,;-, . ,·• ,. . .. ., " ~~~'it'taJ~;·,..,....~~'ti:~"-~t.•v ... ,••\·1>,. 'olll,fl:(.•1·•• 1t1i1t,\#"\,,..,..,.\.~ •~ ....... '. I • .,ots land 2 {hereinafter "benefited lots") -:--::L_a~u~r~a_n~n_e-,-W_o_o~d~s--.-----' but not for the benefit of any other lots in (Subdivision Name) (Subdivision Name) WHEREAS, the subdivider is the sole owner of the pri~ate road and all the benefited lots except for the undersigned who are all the owners of record of the following described lots in the City of Orono, County of Hennepin: NOW, THEREFORE, in consideration of the receipt of Ono Dollar ($1. 00) and the granting o.f the above private road easement for the benefited lots, the above owners of each benefited lot, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agred as follows, 1. That the owners do hereby acknowledge the existence of said private road easement and the existence of the private road, which is not a publicly dedicated -roadway, and ·that the City of Orono has no obligation to maintain or service said private road, and that the City of Orono does not intend to acquire or open said private road as a public roadway. 2. That the owners will and do hereby assume and agree to pay a proportionate ■hare of the costs of maintaining, repairing and replacing, if necessary, the private road over said easement described herein to at least a standard of quality equal to the private road as it was approved by the City of Orono aa part of the subdivision of the adjoining land, and as may be required from time to time by the ordinances of the City of Orono in regard to private roads. Each owner's share of such costs shall be due and payable on the date auch coat ■ for construction, maintenance or repair are due and payable to the peraon or entity renderin~ an account therefore. Each owner's ahare of such coats shall bear interest at a rate of eight (8) percent per annum from such due date to the date of payment. Any owner may bring action, on behalf of the non-defaulting OWners, to collect a defaulting OWner'a ahare of such costs which are not paid when due, and shall be entitl~d ~o recover auch reasonable attorney's fees aa the court may allow, ~ogether with all necessary coats and disbursements incurred in connection therewith. 2 of 4 i private thereof percent The plans, specifications and the awarding road or for any alterations in the private shall be approved in writing by the owners of the Lots. of contracts for the road after construction of twenty-five (25) The costs incurred tor maintenance and repair ot the private road shall be approved in writing by the Ow:iers of twenty-five (25) ;·percent of the Lots. No owner may exempt himself from the liability for ass'?ssments by waiver of the use or enjoyment of any of the private road or by the abandonment of his Lot. In the event that the owners of each Lot described herein fail to maintain, repair or replace the private road as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the private road as provided for herein, and that such actions by the City of Orono will not result in.the private road's becoming a public roadway, and that each of the owners will pay to the City of Orono the proportionate cost incurred by the City of Orono within thirty (30) days of the receipt of such charges, or else such charge shall become a lien upon each Lot at the propurtion as provided for herein. Said proportionate share is to l;-e determined by dividing the total costs of maintenance, repair or replacement, in<::ludin,g without limitation, the cost of cleaning, snow removal, surfacing and resurfacing, by the number of Lots set forth above, adjoining the private road, and that each owner shall become liable for said proportionate share from and after the date of this Agreement. 3. Each of the owners of a Lot described herein hereby covenants· with each of the OWners of all of the other Lots described herein, and each Owner of a lot described herein, by acceptance of a deed therefore, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then Owners of all of the other Lota described herein, that he/she/they shall pay promptly when due his/her/their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be~ personal obligation of the person or persons who are the owner(s) of such Lot at the time when such costs were incurred, and said obligation shall not pass to his/her/their successors in .title unless exp,res~ly assumed by them. 4. The private -road ■hall be u ■ed strictly in accordance with the easements granted therefore. Except as herein provLded, no Owner shall obstruct or interfere whatever with the rights and privileges of other Owner ■ in the private road and nothing ahall be planted, altered, constructed upon or removed by an Owner from the private road. If an owner shall violate this section, the remaining OWnera shall have the right to restore the pr!va~e road ~o its prior condition and assess the cost of ■uch ~eator&tion against the Owner who violates ~his section and such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining owners, or any of th'3ffl., shall have the right and power to collect the cost of su~h restorations in a legal proceeding for that purpose. If an Owner interferes with the rights and privileges of another Owner in tho use of the private road, 3 of 4 Ii I I' t Ii i .. except as herein provided, the remaining Owners, or any of them, may commence an action to enjoin such interference and the prevailing party shall be entitled·to recover auch reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across said private road. Any Owner may delegate his right of enjoyment to the private road to his tenants who reside on a Lot, to the members of his family and his guests and to his invitees. S. This covenant shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. 6. There may be no amendment to or release of the terms of this easement and declaration without the Frior written consent of the City Council or the City of Orono. IN WITNESS WHEREOF, the parties easement and covenant the day and year THIS INSTRUMENT WAS DRAFTED [3Y ·. 6ty ,f O:wo . Jt;~ ;;;: MIi :s:m-1 oame nd addressl STATE OF MINNESOTA) ) as. COUNTY OF HENNEPIN) this On this 29th day of October , 19.!]__, before me, a Notary Public within and for sad County, personally appeared Paul w. Boyke and Virginia L. Boyke ~~S~~~~ l,N.~ ' , to me known to be the person a escr e nan w o execute e oregoing Declaration of Private Road Easement and Declaration of Covenants for Maintenance of Same, and who acknowledged that they executed the same as his/their own free act and deed. i@MNMMNNMNARIMANNMMMMA('.Al.MMUS/VW',""·i ~ VY\ ---a - l a.• I NOTAHY PODLl::-MIMlfSOCA ~I ~ M1.1si:v coumv Notary Pu c · MY COl,lM. EXl~R(S ~~I'!. 9, \'..JI '; ~·vw-,r,,VWVW-, 'CONS ENT hereby consents to the filing of the fore9oing Declaration of Private Road Easement and Maintenance of the Same, and agree that ahou14.,1t foreclose ita mortgage on the property, or take a deed in lieu of foreclosure, it will take title subject to said declaration. 4 Of 4 : I I I I I ··-.. }, I EXHIBIT A Parcel P -Legal Description That part of Lots l and 2, Block 1, lying south· of the north 270 feet ot said Lot 2 and 3ast of a line drawn north perpendicular to the south line of said Lot 1 from the most westerly corner ot outlet A, all in Lauranne Woods, according to the recorded plat thereof. :.. .. I . \ •r 'i ,, ,. ~-~ .'! ~ t ,:. ~I 1·1 ~ t ~, ~! \I ti l-1 }I Ej ~( n i.l .\ I EXHIBIT B "Outlot" for the purposes of this easement and covenant is described as Parcel "D" described as follows: o. That part of Lots l ano 2, Block l, lying south of the north 270.00 feet of said Lot 2 and east of a line drawn north perpendicular to the south line of said Lot l from the most westerly corner of outlot A, all in LAURANNE WOODS, according to the recorded plat thereof. and as shown as "Parcel D" on the following sketch: .._, .) 7, Pr"°'Jff lot Dl•IIIOl'I ,.,. P.1111 I '•"' eo,., In Lot\ I tnd 1, lloc• I, LAUltA""l W000S .....,0<1>t• c-11. ",-,.u \ \ ::i: ()r;;, 0 ., ,,,z :!l CJ :.oq; () ' '1°i ::I z l"'I ·:-) ~("")0~ 'J rnf:~..., -i .. iJ ·•.<) C.1·.! ~ 'I'. \4 ~:},·-:-: ' --~ ,-··· ,,,.1.: ~ ((.), r, ::: ,n 8 (J) (Xj r::: ;: (ii -1 c·,Z -~ ~ z~~ :.c ca ) ..:~ ~ C,J -i ;J> ~ 8i ~ I I I I ~ '- ~ \'