HomeMy WebLinkAbout#08-3350 Reformed Easement AgreementREFORMED EASEMENT AGREEMENT
This Reformed Easement Agreement ("Agreement") effective December 3 , 2004, is
by and between Frederick C. Peters, single ("Peters") and Ronald G. Dudley and Patricia A.
Dudley, husband and wife ("Dudley").
RECITALS
WHEREAS, Dudley and Peters are the present parties in interest with respect to the
lands benefited and burdened by a certain easement created by a deed dated January 12, 1984
and filed as Document No. 1564103 on February 23, 1984, in the Hennepin County Recorder's
Office, Hennepin County, Minnesota; and
WHEREAS, Peters and Dudley wish to reform the said easement because it
inadvertently failed to unambiguously state the intents and purposes of the parties thereto, and
the facts on the ground with respect to the easement, both in 1984 and in 2004.
NOW, THEREFORE, in consideration of One D91lar and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Peters and Dudley
hereby agree as follows:
1. Ownership. Peters is the fee owner of Lot 2, Block 1, Colorado Springs, Hennepin
County, Minnesota ("Peters Parcel"). Dudley is the owner of Lot 1, Block 1, Colorado Springs,
Hennepin County, Minnesota ("Dudley Parcel"). There are no other parties in interest in the
two lots, except their respective mortgagees named below, if any.
2. Reformation of Old Easement. The parties hereby agree to reform the rights and
obligations created by that certain deed dated January 12, 1984 and filed as Document No.
1564103 on February 23, 1984 because the said easement failed to carry out the intents and
purposes of the parties thereto, and the existing facts on the ground.
3. Reformed Easement. Peters grants Dudley, their heirs and assigns, an exclusive
easement, running with the land, for the continuing use of the existing patio, barbeque, steps and
access including .any re-construction, maintenance, repair and replacement of the said patio,
barbeque and steps, except that Dudley, and their heirs and assigns, agrees not to install a fixed
permanent solid roof over the said patio, but Dudley, and their heirs and assigns, may install and
utilize a trellis, gazebo, umbrella, or the like, over the said patio, barbeque and steps (the
"Reformed Easement"). The Reformed Easement being in, over and upon that part of Peters
Parcel, described as follows:
That part of Lot 2, Block 1, COLORADO SPRINGS, described as commencing at the
Northeast comer of said Lot 2; thence on an assumed bearing of South 75 degrees 07
minutes West along the northerly line of said Lot 2 a distance of 240.84 feet to the point
of beginning of the easement to be described; thence South 14 degrees 53 minutes East a
distance of 7.36 feet; thence South 52 degrees West a distance of 31.18 feet; thence South
86 degrees West a distance of 40.24 feet; thence North 14 degrees 53 minutes West a
distance of 12.00 feet to said northerly line of Lot 2; thence North 75 degrees 07 minutes
East along said Northerly line to the point of beginning.
4. Encumbrances. Dudley, and their heirs and assigns, shall not suffer or permit anything
to be done that will cause Peters, or his heirs and assigns, to become encumbered by any
mechanic's lien or similar lien, charge or claim. If any mechanic's lien or similar charge or
claim is filed against Peters Parcel, due to Dudley's, or their heirs and assigns, alleged request
for labor or materials, Dudley, or their heirs and assigns, shall immediately discharge the same of
record by a release or bond within thirty (30) days or as soon as practicable after the filing of any
notice of such lien, claim or other charge.
5. Maintenance. Dudley, and their heirs and assigns, shall be responsible for all costs of
repairing, replacing and/or maintaining the Reformed Easement and all improvements thereon.
All such construction, repair, replacement or maintenance shall conform to the use of the
easement area as a patio.
6. Events of Termination. Notwithstanding anything in this Agreement to the contrary, the
Reformed Easement shall terminate only upon the first to occur of the following:
6.1 the stone paving, brick barbeque and steps are removed and not replaced;
6.2 Dudley, or their heirs and assigns, no longer uses the Reformed Easement area as
a patio; For the purpose of this condition of termination (6.2), the word "uses" is defined
to mean the occupation of any part of the easement area by Dudley, or their heirs or the
assigns or guests on at least one occasion within a 24 month continuous period or if patio
furniture such as a table or a chair is present on any part of the easement area for at least
2 weeks during a 24 month period;
6.3 failure of Dudley, or their heirs and assigns, to remove or remedy the cause of any
mechanic's lien or similar lien, charge or claim and such failure of performance shall
continue for a period of thirty (30) days after delivery of written notice to Dudley, by
certified mail, specifying such failure; and
Upon the occurrence of an uncontested Event of Termination or a finding that termination is
awarded pursuant to Section 7, Dudley, their heirs and assignees, at their sole cost and expense
shall file a "Declaration of Termination of Easement" in the office of the Hennepin County
Registrar of Titles. Upon such filing, the Reformed Easement and this Agreement shall be
immediately void and have no further force or effect. In addition, upon to occurrence of an
uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7,
Dudley, their heirs and assigns, at their sole cost and expense shall remove all improvements on
and within the Reformed Easement, and restore the land to a natural sodded condition. Dudley,
and their heirs and assigns, hereby irrevocably constitutes Peters, or his heirs and assigns, as their
attorney in fact for the limited purpose to execute such Declaration in Dudley's (or their heirs'
and assign's) name, place and stead in the event of an uncontested Termination or a finding that
termination is awarded pursuant to Section 7 and Dudley, or their heirs and assigns, should fail to
execute any such Declaration as soon as practicable as requested in writing by Peters, or his heirs
and assigns and delivered by certified mail..
7. Dispute Resolution. Any controversy or claim arising out of or relating to the terms of
this Agreement or the breach of this Agreement shall be settled according to the terms of this
Section 7. The parties to this Agreement or their heirs or assigns (within this Section 7 referred
to as party or parties) shall attempt in good faith to resolve as soon as practicable any dispute
arising out of or relating to this Agreement utilizing the following procedure:
7.1 Negotiations. The party alleging a controversy, claim or breach of this
Agreement will notify the other party in writing and send by certified mail a request to
meet and stating the nature of the dispute, all facts in evidence supporting the veracity of
the claim, controversy or breach and the proposed solution to the dispute. The parties
shall then meet within thirty (30) business days or as soon as practicable after the request
by the alleging party at a mutually acceptable time and place to attempt to resolve the
dispute.
7.2 Arbitration. If the matter cannot be resolved at, or within thirty (30) business
days after such meeting, the parties agree: (i) to arbitrate the dispute in accordance with
the Commercial Arbitration Rules of the American Arbitration Association in
Minneapolis, Minnesota; (ii) to equally pay the cost of arbitration; (iii) a judgment upon
the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof; (iv) the arbitration award shall be subject to review only in the manner provided
in the Uniform Arbitration Act as adopted in Chapter 572, Minnesota Statutes, as the Act
is amended at the time of submission of the issue to arbitration; and (v) the arbitrator(s)
shall have the authority, but not the requirement, to award the prevailing party its costs
and reasonable attorney's fees which if awarded, the non-prevailing party shall pay.
IN WITNESS WHEREOF, the parties have signed their hands the date first above
written.
~~
Frederick C. Peters
@zawJ{Z.iJ~
Patricia A. Dudley J
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
0
The foregoing instrument was acknowledged before me on December ~-'> , 2004 by
Ronald G . Dudley and Patricia A. Dudley, husban~~~,c,....)=_°')~------
0
RLGISTRJIR of TITLE~;
i1 ~ THANK YOU!!!
!iii HAU E GREAT
i ~ DAY'.!
REG 06 -10-2005 1D :D7
f::26 MCHOl 022875
TL $4.-:1 .~ 50
C{1SH $44 a 50
of!l:tee OF THE ~~~J,Wi ., /
OF TITLEi S / T C-
HENNEPIN COUNTY, f/WN1':->13SO~
CER TIFIED F1 LFff.f@ N
/f:/(&;;~G<, ._ .H.\H ., T~ A-n1
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on December '2--. , 2004 by
Frederick C. Peters, single.
Matthew Blewett 27054
612-316-2283 N9200-011
Wells Fargo Bank, N.A.
Hopkins Office 00123 MATTHEW STEPHEN BLEWETT
Notary Public
Minnesota Drafted By:
My Commission Expires Jan. 31, 2009
* * * * * * * * * * * *
CONSENT TO REFORMED EASEMENT AGREEMENT
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are herby
acknowledged, ___ HomeComings Financial _____ __,,,.--hereby consents to the
attached Reformed Easement Agreement effective~ .2:£., ~, between Frederick C.
Peters and Ronald G. Dudley and Patricia A. Dudley('?"->' -;;>oos-
Jex.?vs
STATE OF~
COUNTY OF (A,, IL
)
) ss.
)
Homecomings Financial
/7J-7 -det?S
The foregoing instrument was acknowledged before me on ~r _aj_, 2.Qe415y
and __ ~~----. ___ ,the
_an_d __ -_-_-_-_-_-_-_-_-_-_-_-_-_-_-o-f~A...,.._t,rr>(Cem •;?s i F,-,,,.,,,,,,,,__, ,,.,I JjJ, a . ----co_rp_o_ra_tl __ o-n,
on behalf of the corporation.
,,,,~~'/IIJ,,, JASON S. SHANKS
,::,',,,~t-,s,,, fj :..A,.; ~Notary Publi~, ~tate of_Texas
~~. ~. ~~ My Comm1ss1on Expires
','.Y'.'i ,.,,-,,,;;: ,,,,,,,Rf,~,,,,, 08/31/2008
Mr. Michael H. Cunniff
Registrar Of Titles
Ronald G. Dudley
3125 Casco Circle South
Orono, MN 55391-9716
Office of The Registrar of Titles
Hennepin County, Minnesota
Hennepin County Government Center
A500
300 South Sixth Street
Minneapolis, Minnesota 55487-0055
June 10, 2005
Re: Recording of "Reformed Easement Agreement" Between
Frederick C. Peters Lot 2, Block 1, Colorado Springs, Hennepin County
Ronald G. & Patricia A. Dudley Lot 1, Block 1, Colorado Springs, Hennepin County
Dear Mr. Cunniff:
Enclosed herewith for Filing and Registration on both Certificate of Title, Certificate
Number 646636 for Lot 1, Block 1, Colorado Springs, Hennepin County, Ronald G.
Dudley & Patricia A. Dudley, owners and Certificate of Title, Certificate Number 1134097
for Lot 2, Block 1, Colorado Springs, Hennepin County, Frederick C. Peters, owner, is an
original signed agreement, executed by both parties, that reforms the existing easement,
granted by Quit Claim Deed, Document Number 1564103 that is recorded on both
certificates of title.
Recording of the Reformed Easement Agreement as soon as possible on both of these
certificates of title would be greatly appreciated.
Yours very truly, <r<~ ~. \;) -~
Ronald G. Dudley
Enclosure
Certificate· of Title
Certificate Number: 1134097 Document Number: 3996321
Transfer From Certificate Number: 1004566
Originally registered the 28th day of July, 1942.
Also originally registered the 6th day of December, 1956.
Book:259
Book:865
Page:80681
Page:262461
Dist. Court No.: 5580
Dist. Court No.: 13238
State of Minnesota
County of Hennepin
This is to certify that
} S.S.
REGISTRATION
Frederick C. Peters, whose address is 3127 Casco Point Road, Orono, Minnesota, 55391
is now the owner of an estate in fee simple •T ---ffTTTJr;-,,.. .
. ,-:-t-C\JJJ_ L~ .1..J. lJ.} "lf,,,_, ·'\ ,, \..~ /A C ~ '.J:~ i r-
ot and in the following described land situated in the pf-\ V ~J';;,d 'Jil;t ~zt t'>>J~.
,,, .. ~ "i,!J,' -4: ~ ~ -,/,,
Lot 2, Block 1, Colorado Springs /·;;" ·,<~\
The boundaries of the plat have been. '· '· ''tp:'Jorrens Case Nos. 5553 and 5580.
/-...__( \';'..,-:\
Subject to utility easement as show~ \-:\ ' __ , ·c--\
Subject to drainage and utility eas~~n / _. ·~:j, /-,,,,/ ~{I,-. \ .. .,.-,j
Subject to the interests shown by the follo~g mem!!'~ _· r\nces ~e~ forth in Minnesota statutes
chapter 508, namely: rt. ~ -8
1. Liens, claims, or rights arising under-. e laws or the~ ich the s~utes of this state cannot
require to appear of record; i .---_-. .,,~ ~ " H
2. Any real property tax or special asse~'ment; 'l' • ~ s::-_ -4 p
3. Any lease for a period not exceeding '{Ju:ee ye _ _ n offne·pte . • _pder the lease;
4. All rights in public highways upon the-j_and· -, :·-1
5. Such right of appeal or right to appear~_ . t·f
6. The rights of any person in possession'i;t · 'e,iificate of title;
7. Any outstanding mechanics lien rights w ·.. )'
\;<z'..i?z;,,_, _,\\\;§/;>y O 2
·-·-(.:.JVl§MQI ~~s<:J> .---
-. _l ! JJ----
Document Document Date of Registration
Number Type Month Day, Year Time Amount($) Running in Favor of
86798~ Easement Jan 20,1967 02:45 PM City of Orono. Granting a perpetual underground utility easement now
over pt of above land (See Inst)
867987 Easement Jan 20, 1967 02:45 PM City of Orono. Granting a perpetual underground utility easement now
over pt of above land (See Inst)
1564103 Quit Claim Deed Feb 23, 1984 09:00 AM Michael John Noel & Beverly Graves Noel, as jt tenants. Granting a use
easement over ot of above land (See Inst)
389508€ Revised Notice of Dec 17,2003 02:00 PM Keith E. Aakre and Jacquelin Aakre.
Lis Pendens File No. MC 03-018431
Lindquist & Vennum P.L.L.P.
Re Doc No 3881537
Entered on APril 9, 2004 at 2 PM
39963Z Mortgage Jul 28,2004 04:00 PM 1,000,000.00 Mortgage Electronic Registration Systems, Inc., (a DE corp), as
nominee, PO Box 2026, City of Flint, State of Michigan
Homecomings Financial Network, Inc., (a DE corp), as lender, 27725
Stansbury Blvd, Citv of Farminoton Hills, State of Michiaan
408946f Mortgage Mar 16,2005 09:00 AM 400,000.00 Private Bank Minnesota, City of Minneapolis, State of Minnesota
4095983 Mortgage Mar 30,2005 12:00 PM 230,000.00 Private Bank Minnesota,
Citv of Minneapolis, State of Minnesota
4123002 Easement Jun 10,200511:00 AM Between Frederick C. Peters and Ronald G. Dudley and Patricia A.
Agreement Dudley, husband and wife (See Inst)
Amends Doc No. 1564103
Page 1 of 2
Document Document Date of Registration
Number Type Month Day, Year Time
412354~ Discharge of Jun 13,2005 11 :00 AM
Notice of Lis
Pendens
Certificate Number: 1134097.0
Amount($) Running in Favor of
Discharges Doc No. 3895086
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of my office this 28th day of July, 2004.
MICHAEL H. CUNNIFF
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
Page 2 of 2
Certificate of Title
Certificate Number: 646636
Transfer From Certificate Number: 644606
Originally registered the 28th day of July, 1942.
Also originally registered the 6th day of December, 1956.
Book:259 Page:80681
Book:865 Page:262461
Dist. Court No.: 5580
Dist. Court No.: 13238
State of Minnesota
County of Hennepin
This is to certify that
} S.S.
REGISTRATION
Ronald G. Dudley, 3125 Casco Circle South, City of Orono, County of Hennepin, State of Minnesota, and Patricia A.
Dudley, 3125 Casco Circle South, City of Orono, County of Hennepin, State of Minnesota, as joint tenants are now the
owners of an estate in fee simple .-,1-,;flII1IITI111J;-•,-.,._
-~:<\.v "'""Ho .n .. ,~:_-1../.__t0,. -~-.... ::\ .. ~ . .:. ~ :' ," Vr w.z..;.._J-,/·>·-.......
in the following described land situated in the County~ i:tc!.Stat8!'0f f!llipnes !t>-•.
,, ,('-.,>-' ;, ":----------.. ~;; ·--.(),
Lot 1, Block 1, Colorado Springs i,/-/ . ...-· \L:t: DV N:•, .. ,~"' ··'<;\
The boundaries of the plat have bee~,Ef ·taffdmarR~·s"~) '\?i{ens Case Nos. 5553 and 5580.
Subject to utility easement as shownt.Qfl ·--~-· O,
/'---} \-~,jc
Subject to drainage and utility ease~nts ~ ~ 7;'j
~ . w
Subject to the interests shown by the follow~ mem.:rfals -a 1,ces set,forth in Minnesota statutes
chapter 508, namely: ~--• . -',, -•,• ) " ci
1. Liens, claims, or rights arising under~ lawsj:>rJ _-· ::·!!_~ll"the sta~es of this state cannot .
require to appear of record; 1
;-• " -~--"' t,-1 2. Any real property tax or special asses~nt for,. been hacf'atl da~-:pf the certificate of title;
3. Any lease for a period not exceeding thf$'e, f the pr ft.fl(fer the lease;
4. All rights in public highways upon the la~· ~ -_ -,/J' •·::J
5. Such right of appeal or right to appear ari
6. The rights of any person in possession un~e); t e.,Eej,fificate of title;
7. Any outstanding mechanics lien rights which· . '/</ " '·, /·-,. ,,...,_,.
That Ronald G. Dudley is 18 years of age or otq_'~f:,._ ,Pat .. , i¥d is under no legal incapacity.
That Patricia A. Dudley is 18 years of age or oldet(jt/,, h·i·•-_ F6 __ . .,.;-,\~M:7 and is under no legal incapacity.
w"~~:--1 -l _fITmr.J-\J._!,.,J--"lw•
MEMORIALS
Document Document Date of Registration
Number Type Month Day, Year Time Amount($) Running in Favor of
867983 Easement Jan 20,1967 02:45 PM City of Orono. Granting a perpetual underground utility easement now
bver ot of above land (See Inst)
1564103 Quit Claim Deed Feb 23, 1984 09:00 AM !Together with a use easement over other land (See Inst)
1567748 Mortgage Mar 15,1984 03:00 PM 236,000.00 Norwest Mortgage, Inc. (an IA corp)
Waterloo, IA
1766214 Financing Oct 17,1986 03:00 PM Minnegasco, Inc.
Statement Minneapolis, MN
Made bv Ronald G. Dudley (List)
2239453 Assignment of Feb 24, 1992 04:00 PM (See Mtgee's Change of name Doc No 1661302)
Mortgage Citibank, N. A.
55 Water St
New York, NY
Assians Doument No 15677 48
249309, Mortgage Mar 18, 1994 09:00 AM 220,500.00 GMAC Mortgage Corporation of PA RECE 8360 Old York Rd
Elkins Park, PA
256966~ Satisfaction of Nov 28, 1994 09:00AM Ronald G. Dudley et al APR O 2 Mortaaae Satisifes Document No. 15677 48
VFD
CITY OF ORONO
Page 1 of 2
Document Document Date of Registration
Number Type Month Day, Year Time
Assignment of Feb 17, 1995 09:00 AM
Mortgage
Oct 01,2003 03:00 PM
Nov 24,2003 11 :00 AM
Revised Notice of Dec 17,2003 02:00 PM
Lis Pendens
Discharge of Mar 01,2005 09:00 AM
Notice of Lis
Pendens
Easement Jun 10,2005 11 :00 AM
Agreement
Discharge of Jun 13,200511:00 AM
Notice of Lis
Pendens
Termination of Jul 06,2005 03:00 PM
Financing
Statement
f;i
(""";' --,
Certificate Number: 646636.0
Amount($) Running in Favor of
Bankers Trust Company as Trustee
3 Park Plaza
Irvine, CA
ssi ns Document No. 2493092
(See Power of Atty Doc No 3521693)
Satisfies document no s . 2493092.0
Keith E. Aakre and Jacquelin Aakre.
Court File No. 03-18431. Moss & Barnett. Jeffrey L. Watson, Gregory J.
ile.
Keith E. Aakre and Jacquelin Aakre.
File No. MC 03-018431
Lindquist & Vennum P.L.L.P.
Re Doc No 3881537
Satisfies document no(s). 3881537.0
Between Frederick C. Peters and Ronald G. Dudley and Patricia A.
Dudley, husband and wife (See Inst)
mends Doc No. 1564103
Discharges Doc No. 3895086
Page 2 of2
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