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Home My WebLink Abouteasement/maintenance agreement-2007 , �� o � ON0�1O�10�lll� 100Z 6 I �yW Q3AP3�3� EASEMENT AND MAINTENANCE AGREEMENT This Easement Agreement ("Agreement") is made as of this�r�ay of,;�� , 2007,between Mark R. Dongoske, a single person ("Dongoske") and Suisse Capital, L.P., a Minnesota limited partnership ("Suisse") (collectively the "Parties"). RECITALS A. Dongoske owns real property in Hennepin County, Minnesota, commonly known as 1445 Che�ry Place, Orono, Minnesota 55364, and legally described as: Lots 5 and 6, and that part of Lot 7, Block 5, Crystal Bay View, lying Northerly of a line hereinafter referred to as "Line A" drawn Westerly from the midpoint of the Easterly line of said Lot 7 through the midpoint of the Westerly line of said Lot 7, Block 5, Crystal Bay View, together with that portion of the Westerly Half of Cherry Avenue vacated lying Northerly of the Easterly extension of said "Line A," and Southerly of a line drawn from the Northeast corner of said Lot 5 Easterly to the Northwest corner of Lot 6, Block 4, all in Crystal Bay View. (the "Dongoske Parcel") B. Suisse owns real property in Hennepin County, Minnesota, commonly known as 1470 Cherry Place, Orono, Minnesota 55364, and legally described as: � Lots 8 and 9, Block 4, Crystal Bay View,TOGETHER with that portion of t�he Easterl,y Half of Cherry Avenue vacated lying Southerly of the Westerly extension of the Northerly line of said Lot 8, and Northerly of a line drawn from the Southeast corner of Lot 9, Block 5, Easterly to the Southwest corner of Lot 9, Block 4, all in Crystal Bay View. ALSO an easement for roadway purposes over that portion of the Easterly Half of Cherry Avenue vacated lying Northerly of the Westerly extension of the Southerly line of Lot 7, Block 4, and Southerly of a line drawn from the Northeast corner of Lot 5,Block 5, Easterly to the Northwest corner of Lot 6, Block 4, all in Crystal Bay View. (the "Suisse Parcel") 1 , . i; D. Janet R. Piper and George F. Piper, wife and husband, (the"Pipers") own real property in Hennepin County, Minnesota, commonly known as 1475 Cherry Place, Orono, Minnesota 55364, and legally described as: Lots 8 and 9, and that part of Lot 7, lying Southerly of a line hereinafter referred to as "Line A" drawn Westerly from the midpoint of the Easterly line of said Lot 7 through the midpoint of the Westerly line of said Lot 7, Block 5, Crystal Bay View, together with that portion of the Westerly half of Cherry Avenue vacated lying Southerly of the Easterly extension of said "Line A" and Northerly of a line drawn from the Southeast corner of said Lot 9 Easterly to the Southwest corner of Lot 9, Block 4, all in Crystal Bay View. (the "Piper Parcel") E. Todd M. Schaible and Michelle L. Schaible, husband and wife (the"Schaibles"), own real property in Hennepin County, Minnesota, commonly known as 1450 Cherry Place, Orono, Minnesota 55364, and Iegally described as: Lots 6 aud 7, Block 4, Crystal Bay View, together with that portion of the Easterly half of Cherry Avenue vacated lying Northerly of the Westerly extension of the Southerly line of said Lot 7, and Southerly of a line drawn from the Northeast corner of Lot 5, Block 5, Easterly to the Northwest corner of said Lot 6, all in Crystal Bay View. (the "Schaible Parcel") F. The foregoing parcels are partially contiguous to each other as shown on the attached drawing. G. The existing access to the Suisse Parcel, Piper Parcel and Schaible Parcel is partialiy by wav of a shared driveway upon a portion of the Dongoske ParceL • •��'.: H. The�arties desire to establish a driveway easerrient over pongoske Parcel for the benefit of the Suisse Parcel, Piper Parcel and Schaible Parcel. • NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby mutually acknowledged, the Parties agree as follows: 1. Recitals are correct. The foregoing recitals are true and correct. 2. Grant of Easement over pongoske Parcel. Dongoske hereby grants and conveys to Suisse, Pipers and Schaibles a non-exclusive easement for ingress, egress and driveway purposes (and for no other purpose) over, upon and across that portion of D.ongoske Parcel described as follows: The Westerly Half of Cherry Avenue vacated lying Northerly of the Easterly extension of a line hereinafter referred to as "Line A" drawn Westerly from the � midpoint of the Easterly line of Lot 7, Block 5, Crystal Bay View through the midpoint of the Westerly line of said Lot 7, and Southerly of a line drawn from the Northeast corner of Lot 5, Block 5, Crystal Bay View, Easterly to the Northwest corner of Lot 6, Block 4, Crystal Bay View. (the"Easement Area"). 3. Usage,Maintenance and Repair. Suisse agrees to keep the Easement Area in good condition and shall be solely responsible for all maintenance, upkeep and repair of the Easement Area, including by not limited to removal of all ice and snow from the driveway in the Easement Area, and any maintenance, upkeep or repairs of the driveway in the Easement Area which may be required by law, ordinance or other governmental regulation. All costs and expenses for the maintenance, upkeep and repairs of the driveway in the Easement Area shall be the sole responsibility of Suisse. Maintenance, upkeep and repair of the driveway in the Easement Area shall be limited to the Easement Area and shall not include entry into the Dongoske Parcel. The driveway in the Easement Area shall not be expanded westerly into the Easement Area, except that Dongoske reserves the right to add one or more driveway from the Dongoske Parcel to the driveway in the Easement Area, and Suisse may, in its discretion, resurface the driveway in the Easement Area. 4. Insurance and Indemnity. Suisse shall cause Dongoske to be listed as an additional insured on Suisse's liability insurance for liability related to the use of the Easement Area as contemplated by this Agreement, and Suisse shall provide proof of the insurance to Dongoske upon request. Suisse shall indemnify, defend and hold Dongoske harmless from any injury, death or damage to any person, thing or entity as a result of Suisse's or Suisse's employees, agents, contractors, guests or invitees use of the driveway and/or Easement Area. 5. Binding Effect. The benefits and obligations of the easement created by this agreement shall be non-exclusive and run with the land, and shall be binding upon and inure to the benefit of fhe Parties, their respective heirs, representatives, successors, devisees, invitees and assigns and all future owners and encumbrancers of the various parcels. The easement and rights created under this Agreement are appurtenant to the respective parcels and may not be transferred, assigned or encumbered except as appurtenances to the respective parcels. � 6. Enforcement Provisions and l�emedies. Any claim, dispute, or cause of action arising out of or relating to a violation of a term or provision of this Agreement that cannot be settled between the Parties shall be brought in a court of appropriate jurisdiction in Hennepin County, Minnesota. The prevailing party to any action or suit pertaining to or arising out of this Agreement shall be entitled to recover costs and disbursements and reasonable hourly attorney fees. This enforcement provision shall be in addition to any other remedies available in law, equity or both. 7. Governing Law. This Agreement shall be construed and governed by the laws of the State of Minnesota. ^ , , . ', 8. Prior Agreements. This Agreement takes the place of, and is in lieu of all prior understandings and agreements between the Parties and their predecessors as to the use and maintenance of the driveway, whether the understandings and agreements are oral or written. 9. Severability. Invalidation of any of the provisions of this Agreement shall in no way affect any of the other provisions or the application thereof to any other person and the same shall remain in full force and effect. 10. Modification. This Agreement may not be modified or amended in any way, except in writing, executed and acknowledged by the Parties or their successors in interest. IN WITNESS WHEREOF, the Parties execute this Agreement to be effective as of the date stated above. DONGOSKE: SUISSE: SUISSE CAPITAL, L.P. �, � ��..,�-. `a� . � �.� �,� By: Mark R. Dongoske �� Troy . a artner STATE OF M].NNESOTA ) ) ss. COLTNTY OF' � I%Vrli'�' 1 �I ) The foregoing instrument was acknowledged before me this �� day of f�G�J'c.�� 2U07,by Mark R. Dongoske, a singie person. - � � , j, !� � � � ,� / '�;��' � �` �� i I Notary ublic ,.� r��tHsrlarls,.s�� , �°3�� ' �f^im��L�,.'"';r`�, ... � . � �,^ �,r k � `M :�(`�y ��3 y , +�I ^j7Lh � �I,L�. � �'�,8�'� � il� �.F�. STATE OF MINNESOTA } �{;��' , �L,i�rn��a��'Q�''j��tit��7t�, � .�.�� , P �sJn� a�i,&G7� ! SS. l '�'`�:.ta� �e,n_,."., COLTNTY OF `I 2r;n��c�.. ) 4 , . I, The foregoing instrument was acknowledged before me this�day of ��/''G� , 2007, by Troy Shannon, the General Partner of Suisse Capital, L.P., a Minnesota limited partnership, on behalf of the partnership. l otalic ��,-�_�:-�,_-:,._ �� _ :,. .,,, - , r f d�UT�� a'��kl � �E1N , a �/. ''Ur�!ry Public . �`�;'d' �d iv�fnneSQta THIS INSTRUMENT WAS DRAFTED BY. s��ommis�i��Expires Jar,,31,2oto .- ...._.,,--�--_r .''�-:_ ��..,.�,.;,.,,�,F. Beisel &Dunlevy, P.A. (KJD) 282 U.S. Trust Building 730 Second Avenue South Minneapolis, MN 55402 . (612) 436-4343 File No. 2577-2 5 - a 1 � _ ___ ------- --------- . ! � - - � � . . � � � ,'� _ :' � � •„ � . � �- ,.. � � ~ I �'• •�•tI �±e i � �.�'•� �+�JN �.•��ll ��M • • I•� � � � .. .. . � • � - � � � � tl � � c i �" � �_ � so 3� �� ~^ a 4 � /� � � o o . 4 ___--,--�-- a a a.0 � , 9Y@t}1BOd W�t08 � b ��1 • y� � �. C�, � x 0 0 �`� N � 10QA0 _ N 10U.04 . 17.21r - � �� o Bi tuninQus 12b.Q0 . 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