HomeMy WebLinkAboutPrivate Drive Agreement Update LAND TYPE Torrens(T)
DOC NUM 6138056
Certified, filed and/or recorded on
May 28, 2025 3:37 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 55 Pkg ID 2789874E
Document Recording Fee $46.00
Multiple Certificates Affected Fee $60.00
Document Total $106.00
Existing Certs
1458829, 864548.5, 1062339, 1512387
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
PRIVATE DRIVEWAY AGREEMENT
This PRIVATE DRIVEWAY AGREEMENT ("Agreement") is made this 2 day of
AT201 , 2025, and is by and among the City of Orono, a Minnesota municipal
corporation ("City"); and Glen and Grace Ashdown,married to each other; and Odell and Lara
Tuttle, married to each other;and Chris and Courtney Block,married to each other;and Michael
Swanson, a single person; (each an"Owner"and collectively,the"Owners").
RECITALS
A. Glen and Grace Ashdown are the owners of that certain real property located at 3286 Navarre
Lane, in the City of Orono, County of Hennepin State of Minnesota (the "3286 Parcel" or
"Parcel A").
B. Odell and Lara Tuttle are the owners of that certain real property located at 3290 Navarre Lane,
in the City of Orono, County of Hennepin State of Minnesota (the "3290 Parcel" or "Parcel
B").
C. Chris and Courtney Block are the owners of that certain real property located at 2260 Bayview
Place, in the City of Orono, County of Hennepin State of Minnesota (the "2260 Parcel" or
"Parcel C").
D. Michael Swanson is the owner of that certain real property located at 3300 Navarre Lane, in
the City of Orono,County of Hennepin State of Minnesota(the"3300 Parcel"or"Parcel D").
E. Parcels A, B, C, and D are each legally described as set forth in Exhibit A (collectively,the
"Parcels").
F. The City and the Owners' respective predecessors in interest (each one a "1994 Owner" and
collectively,the"1994 Owners")entered into that certain Agreement dated October 27, 1994,
which set forth certain terms and limitations regarding a private driveway serving the 3286
Parcel and the 3290 Parcel within City's unimproved public road right-of-way in Hillside Place
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("City ROW"); access rights for all Parcels; and other obligations of the 1994 Owners, which
Agreement was agreed would run with the land and accordingly was filed of record in the
Office of the Hennepin County Registrar of Titles on March 14, 1995, as Document No.
2595145 (the"Original Agreement").
G. Pursuant to the Original Agreement,the 1994 Owners of the 3286 Parcel and the 3290 Parcel
established a private gravel driveway in the westerly 15 feet of the 25-foot-wide City ROW.
H. As currently improved, the existing private driveway does not conform to this restriction of
the Original Agreement,and is proposed to be paved within the City ROW in the location set
forth in this Agreement.
I. The City has concluded that it is in the best interests of the respective Owners and other
abutting owners,and in the public interest,for the private driveway to be improved as proposed
and as set forth in this Agreement.
J. Given the passage of time, changes in ownership of all of the Parcels, and other changes in
circumstances, the City and the Owners agree that it is appropriate to replace the Original
Agreement with this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in the Original Agreement and this Agreement,the parties have agreed as follows:
1. Pursuant to Section 12 of the Original Agreement,the Original Agreement is hereby
terminated. The Original Agreement is replaced in its entirety with this Agreement.
2. The City grants to the Owners the non-exclusive use of the City ROW solely for
the purposes described in this Agreement, and subject to the terms, conditions, and limitations set
forth in this Agreement. No easement or other property interest in any part of the City ROW is
created for the Owners of the 3286 Parcel or the 3290 Parcel, or their respective successors or
assigns. Owners do not now claim any rights or title to any part of the City ROW by reason of
past, present, or future occupancy there, nor will Owners make any such claim in the future.
3. All use of the City ROW for ingress or egress purposes to and from the 2260 Parcel
and the 3300 Parcel is prohibited. The driveway to Bayview Place shall be the exclusive point of
ingress or egress for the 2260 Parcel. The driveway to Navarre Lane shall be the exclusive point
of ingress or egress for the 3300 Parcel.
4. The Owners agree that only the Owners of the 3286 Parcel and the 3290 Parcel
shall be allowed to utilize that portion of the City ROW for the installation and maintenance of a
private driveway to be generally centered on the right of way with a width not to exceed 12 feet
(the "Private Driveway"). The width limit includes all hardcover improvements such as gravel,
pavement. concrete, pavers, landscaping rocks. The remainder of the City ROW will be restored
and maintained with top soil and grass in accordance with all applicable City Code requirements.
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5. The Owners of the 3286 Parcel and the 3290 Parcel agree that the Private Driveway
shall be constructed and maintained at the sole cost and expense of the Owners of the 3286 Parcel
and the 3290 Parcel, and in accordance with all applicable City Code requirements. If the Owners
of the 3286 Parcel and the 3290 Parcel wish to recover costs for such construction and/or
maintenance from any the Owners or other property owners who are not party to this Agreement,
the terms for such cost recovery shall be pursuant to a separate private agreement among the
relevant property owner(s).
6. The Owners of the 3286 Parcel and the 3290 Parcel further agree that in the event
the City determines it to be in the public interest to open the City ROW for public travel, within
90 days' written notice from the City,the Owners of the 3286 Parcel and the 3290 Parcel shall, at
their sole cost and expense,remove the Private Driveway and restore the City ROW to grade.
7. The Owners of the 3286 Parcel and the 3290 Parcel expressly acknowledge that the
Private Driveway is a private improvement within the platted City ROW, and its sole intended
purpose is to provide access by the Owners of the 3286 Parcel and the 3290 Parcel, and their
respective invitees, to their respective Parcels.
8. The City retains all rights to the City ROW for any City purpose, including but not
limited to installation and maintenance of public utilities, and for access for the provision of public
safety,garbage collection, and other public services.
9. The Owner of the 3286 Parcel and/or the Owner of the 3290 Parcel may not exclude
any owner of any parcel that abuts the City ROW from using the City ROW, including incidental
use of the Private Driveway, for maintenance purposes related to their respective parcels.
However, as provided in Section 2 of this Agreement, no permanent connection shall be created
from the 2260 Parcel or the 3300 Parcel to the City ROW for any purpose.
10. The Owners of the 3286 Parcel and the 3290 Parcel hereby indemnify the City, its
officials, employees, contractors, and agents, and hold the City, its officials, employees,
contractors, and agents harmless from any and all claims,causes of action, liabilities, damages, or
other losses(including attorneys' fees and costs incurred by the City in connection with the same
or in the enforcement if this Agreement) sustained or incurred by reason of use of the Private
Driveway by the Owners of the 3286 Parcel and the 3290 Parcel, and their respective invitees,
successors, or assigns.
11. Nothing in this Agreement shall preclude or prevent the owners of the private
improvement (properties identified as 3286 and 3290 Hillside) from seeking damages, injunctive
relief, or other legal remedies against any party, including abutting property owners, for actions
that obstruct, damage, or otherwise interfere with the use, condition, or maintenance of the
driveway located within the City's right-of-way. Such actions include, but are not limited to,
blocking access with vehicles or equipment, causing physical damage to the paved surface, or
impeding emergency vehicle access.The City of Orono is not a party to any private agreements or
disputes arising from such actions and shall not be responsible for enforcement or adjudication of
these remedies.
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12. This Agreement shall run with the land, and shall be binding upon all Owners and
their respective successors and assigns, and may be enforced by the City at law or equity.
Accordingly, this Agreement shall be filed of record on each Parcel in the Office of the Hennepin
County Registrar of Titles.
13. This Agreement may be amended or terminated only by recordable, written
agreement by and among all of the Owners and the City,their successors and assigns,which shall
be filed of record on each Parcel in the Office of the Hennepin County Registrar of Titles.
14. The Recitals at the beginning of this Agreement and Exhibit A attached to this
Agreement are true and correct, and are incorporated into and made part of this Agreement.
[signature pages follow]
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CITY:
CITY OF ORONO
By:
Alisa Benson,Acting Mayor
(SEAL)
By:
Adam Edwards,City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2`Y/ day of
�11 I , 2025,by Alisa Benson and by Adam Edwards,respectively,the Mayor and
City dministrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted b ity Council.
CHR`ISTINE S. LUSII-IN
5
Mutaty Public,
' r IC
State of Minnesota
s t My Commission Expires
January 31,2027
DRAFTED BY:
CAMPBELL KNUTSON •
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,MN 55121
Telephone:(651)452-5000
SMM/AKLS
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OWNER:
3286 PA
le dow
Vlittk i 1.';:'''' A. _..,.
.. hd•wn
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1, day of
P412(11 , 2025,by Glen Ashdown and Grace Ashdown, married to each other.
Notary Public
JOHN P LEONARD
'`
;. KOi NOTARY PUBLIC•MINNE cSOTA
My Commission Expires Jan.31.KO
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OWNER:
3290 PARCEL
Odell Tuttle
Lara Tuttle
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �ZIS�t- day of
ilik`► ,2025,by Odell Tuttle and Lara Tuttle,married to each other.
1.141114
j7A14466
ry Pub(
1 < "s rre. JAMALL A LARKINS
a/ , °� Notary Public 1
1 Minnesota .
H My Commission Expires Jan.31,2028
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OWNER:
22 ARCEL
C ns Block
Courtney Blo
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this j-A' day of
(nr 1\ , 2025,by Chris Block and Courtney Block, married to each other.
.'t: STACI M.O'NEAL Notary Public
My Notary ID#132946776
,�+ Expires March 1,2029
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OWNER:
3300 PARCE
•
Mic e Swanson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Z- day of
t pi°t , 2025,by Michael Swanson, a single person.
Notary Public
1
(0)
NOTOHN�PLC MNNNR OTA
v,commission Expires Jan.31.2029
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Exhibit A
Legal Descriptions of the Parcels
Parcel A:
3286 Navarre Lane, PID: 1711723440109
That Part of Lots 44 and 45,WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA
BEACH, Hennepin County, Minnesota. Lying Northerly of a line running form a point on the
Northeasterly line of Lot 45 distant 100 feet Southeasterly of the most Northerly corner of said Lot
44 to a point Southwesterly line of said Lot 44 distant 116 feet Southeasterly of the Most Westerly
corner thereof
Parcel B:
3290 Navarre Lane, PID: 1711723440110
Lots 46 and 47 also that part of lots 44 and 45, WALLACE'S ADDITION TO THE VILLAGE
OF MINNETONKA BEACH, Hennepin County, Minnesota. Lying Southerly of a line running
form a point on the Northeasterly line of Lot 45 distant 100 feet Southeasterly of the most
Northerly corner of said Lot 44 to a point Southwesterly line of said Lot 44 distant 116 feet
Southeasterly of the Most Westerly corner thereof.
Parcel C:
2260 Bayview Place,PID: 1711723440108
Lots 36, 37, 48, 49, and 50, WALLACE'S ADDITION TO VILLAGE OF MINNETONKA
BEACH,Hennepin County,Minnesota.
Parcel D:
3300 Navarre Lane,PID: 1711723440098
Lots 51,52 and 53 in WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA
BEACH, Hennepin County, Minnesota.
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