HomeMy WebLinkAbout1982-01-28 Driveway & Sewage EasementDECLARATION OF PRIVATE DRIVEW)
SEWAGE TREATMENT SYSTEM EASEHU
DECLARATION OF COVENANTS FOR MAINTENY
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, James M^Cleary, unmarried,
Orville Kieran and Flossie Kieran, husband and wife, fee owners, and
First National Bank of Wayzata, a National Banking Association, Mortgagee,
thereinafter "the Subdividers') are the owners of that certain parcel
of real estate located in the City of Orono, County of Hennepin, State
of Minnesota, legally described as follows: Outlot B,
according to -the plat of that name on file and of record in the office
of the County Recorder, in and for Hennepin County; and
WHEREAS, the Subdividers now desire to create nonexclusive
private driveway and sewage treatment system easements over and across
Outlot B, ,
(hereinafter "the easement") for the mutual benefit of Lots 1, 1 2-and
3, Block 1, ;
NOW, THEREFORE, in addition to any easements created by any
other Declaration of Covenants, Conditions, Restrictions and Easements,
the subdividers do by this Declaration for themselves, their heirs,
successors and assigns, hereby create a nonexclusive easement for
sewage treatment purposes over and across the easement as described
-bove for the mutual benefit of Lots 1, 2 and 3, Block 1 (hereinafter
"benefited lots")
and
WHEREAS, the Subdividers are the sole owners of Outlot B and
all the benefited lots; and
WHEREAS, the Subdividers intend that Outlot B will be conveyed
to the owners of the benefited lots as tenants in common subject to
this declaration:
NOW, THEREFORE, the above owners, their heirs, assigns and
successors thereinafter referred to as owners or owner) hereby covenant
and agree as follows:
1. The owners of each benefited lot shall construct on Outlot
B separate individual Greywater Mound Systems in the re.spective approxi-
mate locations shown on the diagran, attached hereto as Exhibit "A".
2. Each lot owner shall be responsible for the costs of
construction, maintenance, repair and operation of their own individ-
ual Greywater Mound System, and for any damage caused to the systems
of the other lots caused by such construction, maintenance, repair
and operation.
3. No activities shall be permitted on the mounds of the
Greywater Mound Systems that might damage the systems. Prohibited
activities include, but are not limited to the following:
a) Vehicular traffic.
b) Digging or excavating except in connection
with construction, maintenance and repair.
c) Gardening or planting of trees.
d) Construction and maintenance of improvements
or buildings of any kind.
e) Parking.
4. The owners of each benefited lot shall mutually construct
and maintain a single common private driveway within Outlot B, which
driveway shall not encroach upon or disturb the individual Greywater
Mound Systems as described above, and which driveway shall serve to
connect public East Lake Street with each benefited lot as the sole
vehicular access to each lot.
5. The owners may use Outlot B for any other purposes not
prohibited by or inconsistent with this Declaration or local, county,
State or Federal Law.
6. No improvements except for the indi�.-idual Greywater Mound
Systems and driveway described above may be constructed or made on Out -
lot B without the consent of all of t1he owners. The costs of construc-
tion, maintenance and repair of any improvement except for the individual
Greywater Mound Systems will be paid 1/3 by the owners of each of the
benefited lots.
7. Each owner's share of such costs shall be due and payable
on the date such costs for construction, maintenance or repair are due
and payable to the person or entity rendering an account therefore.
Each owner's share of such costs shall bear interest at a rate of
ef.ght (8) percent per annum from such due date to the date of payment.
Auy owner may bring action, on behalf of the nondefaulting owners, to
collect a defaulting owner's share of such costs which are not paid
when due, 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.
2
S. No owner may exempt himself from the liability for
assessments by waiver of the use or enjoyment of Outlot B or by
the abandonment of his lot.
9. In the event that the owners of each lot described herein
fails to maintain, repair or replace the Greywater Mound Systems as
provided for herein, it is agreed and understood by all parties that
the City of Orono may order such maintenance, repair or replacement
pursuant to enforcement of the City's On -Site Sewage Treatment ordinances
and that such system failure may require replacement with a sealed
holding tank instead of the Greywater Mound System.
10. Each of the owners of r 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 lots 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 paragraphs shall be a personal obligation of the person
or persons who are the owners of such lot at the time when such costs
were incurred, and said obligation shall not be paid by his/her/their
successors in title unless expressly assumed by them.
11. 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.
12. 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.
13. There may be no amendment to or release of the terms
of ti,is easement and declaration without the prior written consent
of the City Council of the City o' Orono.
IN WITNESS WHEREOF, the parties have hereto executed this
easement and covenant this 'lay of , 1982.
James McCleary
Orville Kieran
Flossie Kieran
3
FIRST NATIONAL TANK OF WAYZATA
By
Its
By
Its
Sl;tTE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1982, by James McCleary, u..,narrie�—
Notary Public
STATE OF MINNESOTA )
ss.
C^t :.'n' ')F HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1982, by Or%ille Kieran and Flossie Kieran,
husband andwife.
Notary Publi,;
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument ti,Ns acknowledged before me this day of
19.. by , and
President an
respec ivt ems, of First National Bank of Wayzata, a National
Banking Association, on behalf of the Association.
Notary Pd=c
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January 28, 1582
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FEB
Mr. Bruce Malkerson
City Attorney
City of Orono
4344 IDS Center
Minneapolis, Minnesota 55402
CsP:rss: i� aoLw
Re: McCleary Subdivision, Bayside Road
DEar Mr. Malkerson:
Enclosed is the Declaration of Private Dri%,ew:y and Sewage
Treatment System Easement and Declaration of Covenants for
Maintenance of Same with the changes requested by the City.
I4 there are any comments please call.
Yours truly,
X�2
Richard A. Peterson
BEST & FLANAGAN
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