HomeMy WebLinkAboutDeclaration of reciprocal easement 24?� C�u�rnah �S�
,
Doc No A10117747
Certified, filed and/or recorded on
Sep 16, 2014 9:53 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1152867E
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
FEB 10 2015
CITY OF ORONO
This cover sheet is now a permanent part of the recorded document.
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DECLARATION OF RECIRPROCAL EASEMENT FOR
INGRESS,EGRESS AND ACCESS
THIS DECLARATION OF RECIPROCAL EASEMENT FOR INGRESS,EGRESS
AND ACCESS("Declaration")is made as of this 3 day of .�T�B�/�-2014 by LAKESHORE
HOLDINGS, LLC, a Minnesota limited liability company("Declarant").
RECITALS
A. Declarant is also the owner of the real properiy located in Hennepin County,
Minnesota and legally described on attached Exhibit A(the"Navarre Property").
B. Declarant is the owner of the real property located in Hennepin County,Minnesota
and legally described on attached Exhibit B (collectively,the "Lehman Lagoon Property").
C. The Lehman Lagoon Property and the Navarre Property(together,the"Parcels")are
served by a driveway that crosses over a portion of each of the Parcels and connects to the public
right of way of Frederick Street, located northwesterly of the Parcels.
D. Declarant is desirous of creating a reciprocal easement for ingress,egress and access
upon a portion of the Parcels for the benefit of both of the Parcels, as more fully set forth below.
WITNESSETH
NOW, THEREFORE,Declarant, as the fee owner the Parcels, declares as follows:
l. Grant of Access Easement Declarant hereby declares that a non-exclusive,
perpetual, reciprocal easement for purposes of ingress, egress and access and operation,
maintenance,repair and replacement of access facilities (including without limitation,paving and
structural support therefor) ("Access Facilities") serving the Parcels (the "Easement") shall exist
upon,over,under and across that portion of the Parcels legally described and depicted on attached
Exhibit C (the "Easement Area") for the benefit of each of the Parcels and the respective Owners
(defined herein) thereof and their respective successors and assigns in title thereto, and their
respective Occupants, agents,contractors,visitors and invitees.
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2. Use of Easement Area. The Easement granted herein is non-exclusive.The Owner
of the Lehman Lagoon Property and its successors and assigns in title to said property,shall have the
right to use or grant easements to others to use the subsurface below the portion of the Easement
Area located on the Lehman Lagoon Property,to the extent that such use is not inconsistent with or
otherwise interferes with the rights declared by this instrument and conferred upon the Ovcmer of the
Navarre Property,its successors and assigns.The Owner of the Navarre Property and its successors
and assigns in title to said properiy,shall have the right to use or grant easements to others to use the
subsurface below the portion of the Easement Area located on the Navarre Property,to the extent
that such use is not inconsistent with or otherwise interferes with the rights declared by this
instrument and conferred upon the Owner of the Lehman Lagoon Property, its successors and
assigns.
3. Initial Construction; Alterations; Maintenance and Repair. Declarant shall
perform the initial construction of the Access Facilities upon the Easement Area, subject to
reimbursement from its successor Owner of each Parcel as follows. The initial construction of the
Access Facilities shall be comprised of a twelve foot (12') wide, four inch (4") thick blacktop
driveway.Within ten(10)days ai�er written demand for payment,if not sooner paid:(i)Declaxant's
successor in interest in title to the Navarre Property shall reimburse Declarant for fifty percent(50%)
of the cost of labor and materials incurred by Declarant to construct and install the initial Access
Facilities upon the Easement Area, and(u)Declarant's successor in interest in title to the Lehman
Lagoon Property shall reimburse Declarant for fifty percent(50%)of the cost of labor and materials
incurred by Declarant to construct and install the initial Access Facilities upon the Easement Area.
After initial construction of the Access Facilities,the Access Facilities sha11 not be modified
or altered without the prior written consent of all Parcel Owners,(i)except the Owner of each Parcel
shall have the right to connect access facilities located on and serving its Pazcel directly to the
Access Facilities at its sole cost and expense,and(ii)except for maintenance and repair(including
replacements when necessary)of the Access Facilities as provided below.Subj ect to reimbursement
by the Owner of the Lehman Lagoon Property for its share of costs as provided below, the
continuing maintenance and repair(including replacement when necessary)of the Easement Area
and the Access Facilities thereon,shall be the obligation of the Ovcmer of the Navarre Property,who
shall perform such work as and when reasonably necessary to maintain the Access Facilities in good
condition and repair,with materials equal to or better in quality than the materials used for the initial
construction of the Access Facilities(which shall be a 12'wide, 4" thick blacktop driveway).
At least fifteen (15) days prior to commencing any mai.ntenance or repair (including
replacement)of the Access Facilities,the Owner of the Navarre Property shall notify the Owner of
the Lehman Lagoon Property,which notice shall include a scope of the work to be performed and a
budget for such work (including a copy of any written proposal or construction contract for such
work). The Owner of the Navarre Property shall obtain at least three (3) competitive bids from
separate contractors for any proposed work to the Access Facilities and shall select the lowest bid,
except as otherwise consented to in writing by the Owner of the Lehman Lagoon Properry. All
construction work to the Access Facilities shall be perFormed diligently and in a good workmanlike
manner.
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Within twenty(20)days after written request for payment,the Owner of the Lehman Lagoon
Property shall reimburse the Owner of the Navarre Property for fifty percent (50%) of all costs
incurred in perfornung maintenance and repair(including replacements)of the Access Facilities as
permitted under this Section 3. Notwithstanding anything herein to the contrary, if repair or
replacement of the Access Facilities is made with materials better in quality(and more expensive)
than the type of materials used for the initial construction of the Access Facilities,then the Owner of
the Lehman Lagoon property shall only be responsible for fifly percent(50%)of a sum equal to the
estimated cost of such work had the Owner of the Navarre Property utilized the same materials used
for the initial construction of the Access Facilities,and the Owner of the Navarre Property shall be
responsible for the entire balance of the actual costs of repair or replacement, except as otherwise
consented to in writing by the Owner of the Lehman Lagoon Properiy.
4. Definitions.
(a) "Defaulting Party"means an Uwner of a Parcel that fails to timely perform its
obligations under this Declaration, including without limitation, Section 3 or Section 7.
(b) "Non-Defaulting Party"means the Owner of the other Parcel who notifies the
Defaulting Party of its breach or default of its obligations under this Declaration.
(c) "Owner"shall mean and refer to the record owner of fee simple title,whether
one or more persons or entities, to any one or more of the Parcels (defined below), but
excluding those having such interest merely as collatera.l or security for the performance of
any obligation.
(d) "Occupants"means any person or persons from time to time entitled to the
use and occupancy of any portion of the Parcels under an ownership right or any lease,
sublease, license, concession, or other similar written agreement.
(e) "Parcel"means either of the Lehman Lagoon Property or Navarre Property
depending on the context, and "Parcels" means both the Lehman Lagoon Properry and
Navarre Property.
5. General Provisions.
(a) The Easement shall be irrevocable and perpetual in duration,provided,however,if a
shorter period is required by applicable laws for the effectiveness of this Declaration, then the
duration of the Easement shall be for so long as permitted by applicable laws.
(b) The Easement shall be an easement appurtenant to the respective Parcels and not an
easement in gross.
(c) In the event an Owner transfers or conveys a portion of its Parcel in accordance with
applicable laws,the Easement which benefits,binds, and burdens the remainder of the Parcel not
transfened or conveyed shall benefit,bind, and burden the portion of the Parcel so transferred or
conveyed,and those easements granted under this Declaration which benefit,bind,and burden the
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portion so transferred or conveyed shall benefit, bind, and burden the remainder of the Parcel of
which it was a part.
(d) The Easement shall exist by virtue of this Declaration, without the necessity of
confirmation by any other document.
(e) This Declara�ion shall not be subject to tbe doctrine of inerger.
(� The headings herein are inserted only as a matter of convenience and for reference
and in no way define,limit or describe the scope or intent of this document nor in any way affect the
terms and provisions hereof.
(g) Without limiting the generality of the terms of Section 5(j) below and any other
provisions hereof that provide that the easements granted herein shall automatically ntn with the
land,the rights and obligations of any pariy hereunder may be assigned in whole or in part to any
person acquiring the entire interest of such Owner in its Parcel,or any portion thereof,including any
further subdivision or lot reconfiguration thereof,or to one or more ground lessees or lessees as may
be permitted under the terms of any ground lease of a Parcel,which rights and obligations shall be
expressly assumed by such ground lessee or lessees for the term of the ground lease or other lease
agreement between such Owner and such ground lessee or lessee.
(h) Each reference herein to an exhibit refers to the applicable exhibit that is attached to
this Declaration. All such exhibits constitute a part of this Declaration and by this reference are
expressly made a part hereof.
(i) Any person acquiring fee title to any of the Parcels or any portion thereof, shall be
bound by this Declaration only as to the Parcel or portion of the Parcel acquired by such person. In
addition, such person shall be bound by this Declaration only during the period such person is the
fee owner of such Parcel or portion of the Parcel;and,upon conveyance or transfer of the fee interest
shall be released from liability hereunder,except as to the obligations,liabilities or responsibilities
that accrue prior to such conveyance or transfer and during said period of ownership. Although
persons may be released under this Paragraph, the easements, covenants and restrictions in this
Declaration shall continue to be benefits to and servitudes upon said tracts running with the land.
(j) The Benefited Property and the Burdened Property shall be transferred,held, sold,
conveyed,and occupied subject to and together with the Easement granted herein. The Easement
shall be binding upon all parties having any right, title, or interest in the Burdened Property, and
their respective heirs, legal administrators, successors and assigns, including any ground lessee
under a ground lease,and shall inure to the benefit of the Benefited Property and the Owner thereof,
and its respective heirs, legal administrators, successors and assigns, including any ground lessee
under a ground lease,and shall run with the land. Said easements,restrictions and obligations shall
be unaffected by any change in the ownership of any property covered by this Declaration,except as
specified herein.
(k) In the event any provision or portion of this Declaration is held by any court of
competent jurisdiction to be invalid or unenforceable, such holding will not affect the remainder
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hereof, and the remaining provisions shall continue in full force and effect at the same extent as
would have been the case had such invalid or unenforceable provision or portion never been a part
hereof.
6. Enforcement Except as otherwise pernutted in Sections 7 or 8 below, any
controversy or dispute between the Owner of the Benefited Property and the Owner of the Burdened
Properry involving the meaning of the language or any term or condition of this Declaration shall be
settled by arbitration in accordance with the arbih�ation rules of the American Arbitration
Association by a single arbitrator. The arbitration proceeding shall be held in the Association's
office in Minneapolis,Minnesota or at such other place as agreed to by tbe parties. The arbitrator
shall have the right, to be exercised in the discretion of the arbitrator, to award attorney fees and
costs to the opposing party if the arbitrator determines that any party to any dispute or disagreement
in connection with this Declaration has acted in bad faith with respect to this Declaration, the
dispute, or the arbitration. Judgrnent upon the award rendered by the arbitra�or may be entered in
any Court of appropriate jurisdiction. Notwithstanding the foregoing, any person subject to this
Declaration,or with any rights hereunder,shall have the right to seek from any Court of competent
jurisdiction equitable or provisional remedies (including temporary restraining orders, temporary
injunctions, and the like)prior to or after any arbitration proceeding.
7. Self-Help. If the Owner of the Navane Property (i.e. Defaulting Party) fails to
perform its obligations under Section 3 of this Declaration within fifteen (15) days after written
notice of default from the Owner of the Lehman Lagoon Property(i.e.Non-Defaulting Party),then
the Non-Defaulting Party shall have the right, but not the obligation, to cure such default by the
payment of money or the performance of some other action for the account of and at the expense of
the Defaulting Party (subject to the cost sharing provisions of Section 3 of this Declaration);
provided,however,that(i)prior to curing such default,the Non-Defaulting Party shall deliver not
less than ten (10) days prior written notice to the Defaulting Party of the Non-Defaulting Party's
election to cure such default,except in an emergency condition,and(ii)in the event the default shall
constitute an emergency condition, the Non-Defaulting Party, acting in good faith, shall have the
right to cure such default upon such advance notice as is reasonably possible under the
circumstances or,if necessary in the case of emergency,without advance notice,so long as notice is
given as soon as possible thereafter. To effectuate any such cure,a Non-Defaulting Party shall have
the right to enter upon the Parcel of the Defaulting Party to perform any necessary work or furnish
any necessary materials or services to cure the default of the Defaulting Party. In the event any Non-
Defaulting Party shall cure a default,the Defaulting Party shall reimburse the Non-Defaulting Party
within ten(10)days of receipt of demand,together with reasonable documentation supporting the
expenditures made, for all out-of-pocket costs and expenses incurred in connection with such
curative action(subject to the cost sharing provisions of Section 3 of this Declaration).
8. Lien Rights.Unpaid costs accruing pursuant to Section 3 or Section 7 shall constitute
a lien against the Defaulting Party's Parcel. The lien shall attach and take effect only upon,and have
priority from and after,recordation of a claim of lien against the Parcel in question in the office of
the Registrar of Titles for Hennepin County, Minnesota by the Non-Defaulting Party making the
claim. The claim of lien shall include the following:
(i) The name of the lien claimant;
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(ii) A statement concerning the basis for the claim of lien and identifying the lien
claimant;
(iu) An identification of the Owner or reputed owner of the Parcel against which
the lien is claimed;
(iv) A description of the Parcel against which the lien is claimed;
(v) A description of the work performed which has given rise to the claim of lien
and a statement itemizing the amount thereof; and
(vi) A statement that the lien is claimed pursuant to the provisions of this
Declaration, reciting the date and Torrens document recording number
hereof. The notice shall be duly verified, acknowledged and contain a
certificate that a copy thereof has been served upon the Owner against whom
the lien is claimed, by personal service or by mailing pursuant to the notice
provisions hereof. The lien so claimed shall attach from the date of
recordation solely in the amount claimed thereby and may be enforced in any
judicial proceedings allowed by law,including without limitation,suit in the
nature of a suit to foreclose a mechanic's lien under the applicable provisions
of the law of the State of Minnesota
9. Estoppel Certificates.Each Owner shall,from time to time,within twenty(20)days
after a written request from the other Owner,or such other Owner's mortgagee(or its designee),or
to a prospective mortgagee or a prospective purchaser of such other Owner, at no chazge to the
requesting party,execute, acknowledge and deliver to the requesting party,a certificate stating(i)
that this Declaration is unmodified and in full force and effect, or, if modified, identifying the
modification agreement(s);(ii)to the best knowledge of the party executing such certificate,whether
there is any existing default,or Event of Default hereunder by the other party and,if so,specifying
the nature and extent thereof;(iii)the nature and extent of any setof�s,claims or defenses then being
asserted by the party requesting the certificate or otherwise known by the party executing the
certificate;(iv)whether there are any liens(or right to file such a lien whether actually filed or not)
pursuant to Section 8 against the requesting Owner's Parcel or being claimed by the responding
Owner against any other Parcel;(v)whether the party executing the certificate has given or received
any notice making a demand or claim hereunder which has not been resolved;(vi)any unpaid costs
or other sums owing by the requesting Owner to the other Owner; and(vii) such other matters as
may be reasonably requested with respect to the rights and obligations of the parties under this
Declaration
10. Mechanic's Liens.Each Owner perfornvng work on the Access Facilities permitted
by this Declaration shall promptly discharge any mechanic's liens filed against the other Owner's
Parcel on account of such work;provided,however,this does not modify the cost sharing provisions
of Section 3 of this Declaration.
11. Notices. To be effective, any notice, consent, or other communication required or
permitted under this Declaration must be in writing. A notice or other communication shall be
deemed to have been given to a party, and shall be effective, (i) if delivered by hand, when
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Parcel on account of such work;provided,however,this does not modify the cost sharing provisions
of Section 3 of this Declaration.
11. Notices. To be effective, any notice, consent, or other communication required or
permitted under this Declaration must be in writing. A notice or other communication shall be
deemed to have been given to a party,and shall be effective,(i)if delivered by hand,when physically
received by an Owner,or other person authorized by the Owner to receive notice by written notice to
the other party, (ii) if delivered by an ovemight delivery service, on the second business day
following the date such notice or other communication is timely delivered to the overnight service,ar
(ui) if delivered by mail, on the third business day following the date such notice or other
communication is deposited in the U.S.mail postage prepaid addressed to the othetparty,vvluchever
occurs earlier. Notices shall be made to the address of record for the County as to where real
property tax notices are to be sent, with respect to such Owner's Parcel, with a copy to any such
additional address any Owner provides by written notice to the other Owner.
IlV WITNESS WHEREOF,Declarant has executed this Declaration as of the day and
year first abov�written.
DECL
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LAKE O�HOLDINGS, LLC
B .
Name: .� 1 + � N
Its: �;�.�
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 3�`�day of o- ��
2014,by,�✓ac.(,�.S the Wle f M(d-P.1/-' of LAKESHORE HOLDINGS,LLC,a Minnesota
limited liability company, on behalf of the company. -
S
No Public
THIS INSTRUMENT DR.AFTED BY:
BARNES ÞBURG LLP RACHEL S THIBAUL7
r�:�:;;,.
225 South Sixth Street, Suite 2800 i;�\ Notary Public
;;_ �t Minnesota
Minneapolis, Minnesota 55402 ��;L:�' My Comm. Expires
Jan 31, 2015
719905W1
7
EXHIBIT A
Legal Description of Navarre Property
The North sixty-two (62) feet of Lot 10,Block 1,Navarre, according to the recorded plat thereof,
Hennepin County,Minnesota.
(Tax Parcel ID No. 20-117-23-12-0009)
And
Lot 11,Block 1,Navarre, and that part of Lot 10,Block l,Navarre,lying south of the north sixty-
two(62)feet of Lot 10,Block 1,Navarre,according to the recorded plat thereof,Hennepin Counry,
Minnesota.
(Tax Parcel ID No. 20-117-23-12-0010)
A-1
EXHIBIT B
Legal Description of Lehman Lagoon Property
Lot 5, Block 1, Lehman Lagoon, according to the recorded plat thereof, Hennepin County,
Minnesota.
B-1
ti
EXAIBIT C
Legal Description and Sketch of Easement Area
�
;�'�.r� P14QPaSEO/vCRL�55 MD EGRESS EAS�NT
,��_�_�,_ �� over thot port of Lot 10, Block t, Navarre,
and Loi 5, �ock 1. LeMmn'a Logoon which Ge�
s�•se• c s�.o G, � � 14 feei aoulhweete�ly of and padel with o Nne
THE rqaiNwesY co1�JErc ' :/ run northrres{erly from the norUrooai cornar of
Oi Loi 5,B�ocx i, � � eald Lot 1Q Bbck 1, NAVARRE, to the notthwqterly
�Eri�,uNS t�coDN. ,��� � I ' corner of add Lot 5, Bbek t. LEIN4AN'S LAGOON.
� � � � ond there terminating.
�� �� 1�� ,;- PROPOSED dVGRESS 1
\�����\'��'/ £ASEMENT S 1 �
----- �— 1 ���
\� ����can�x or�ot � �
10 BLOCK 1.NAVARRE I PARCEL 2
I HO AOORESS A� ��� �
n I Pq NO 20117331Y009 ���
• .`�v ExISTING LEGAL�SCRPTtON
I THE NOR7N 6Y fEET OF L0T 10,
$ _______ I BLOd( 1.NAVARRE.
— e AND PD NO 2011723140010
ry � Q � LOl it,AIO THAT PAR7 OG LOT 10 � �
� LYN6 SOU7H OF THE NW2TH 62 FEET
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