HomeMy WebLinkAboutDeclaration of easement (driveway)-2008 ���� � ��
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Doc No 9197402 10/23/2008 03:41 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 451029 Deputy 55
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
DECLARATION OF EASEMENT
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THIS DECLARATION made as of this�day of�; 2008, by E.Joseph LaFave,
Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March l5,2000
and Trustee under Article 4 of the William L.Waldron,Jr.Qualified Personal Residence Trust
under Agreement dated March 15, 2000;Lucinda W. Chorley and Michael Chorley,wife and
husband;Stacey W. Eastman and Patrick Eastman, wife and husband;and Wendy W.Burton, a
single person("Declarants").
WHEREAS, Declarants are the fee owners of certain real property legally described as
Lots 1 and 2, Block 1, Waldron Woods (the "Property"); and
WHEPEAS, the prior owner of the Property previously created a Driveway Easement at
the request of the City of Orono, as part of an earlier subdivision of the Property, which
easement, dated November 14, 1977, was recorded on December 9, 1977 as Document No.
4340542 (the "Prior Easement"), a copy of which is attached hereto as Exhibit A; and
WHEREAS, pursuant to approval of the plat of Waldron Woods, the City of Orono has
recommended that the Declarants create a driveway easement(the "Driveway Easement") over
Lot 2, for the benefit of Lot 1, to allow the occupants of Lot 1 access to Fox Street, in the location
of the existing driveway located on Lot 2; and
WHEREAS, the purpose of this Declaration is to: (i) terminate the Prior Easement; and
(ii) create the Driveway Easement;
NOW THEREFORE, Declarants hereby declare that Lot 2, Block 1, Waldron Woods
("Lot 2") shall be held, sold, conveyed, occupied and used subject to the following Driveway
Easement, which shall run with the real property and inure to the benefit of the owners of Lot 1,
Block l, Waldron Woods ("Lot 1"), and be binding on all parties having any right, title or
interest in Lot 2 or any part thereof, their heirs, successors, personal representatives and assigns.
1. Grant of Drivewav Easement. Declarants hereby create a perpetual, non-
exclusive Driveway Easement 20 feet in width over and across that part of Lot 2legally
described on the attached Exhibit B, for the purpose of providing access from Lot 1 to Fox Street
in the City of Orono, Minnesota. The owners of Lot 2 shall be responsible for all driveway
construction, maintenance, upkeep and snow removal far the Driveway Easement, and shall
perform such services in a commercially reasonable and timely manner. The owners of Lot]
and Lot 2 shall each be responsible for 50% of the cost of the construction, maintenance, upkeep
and snow removal costs of the driveway.
2. Benefits and Burdens. The Driveway Easement is a permanent easement and
covenant appurtenant, running with the land, and such easement herein contained shall at all
times inure to the benefit of the owners of Lot 1 and be binding upon the respective owners of
Lot 2 from time to time, and their respective heirs, successors, personal representatives and
assigns.
3. Insurance. The owners of Lot 1 and the owners of Lot 2 shall each be responsible
for carrying adequate insurance coverage to protect such owner from liability for events
occurring on the Driveway Easement.
4. Mediation and Arbitration. Any dispute arising out of this Agreement shall be
mediated by a third person mutually acceptable to both parties. The mediator's role shall be to
help the parties arrive at a solution, not to impose one on the parties. If, within sixty (60) days
after mediation is first requested by either party, the parties are unable to identify a mutually
acceptable mediatar, or efforts to arrive at a solution to all issues in the dispute with the help of
a mediator prove to be fruitless, then either party may make a written request to the other that
the dispute be arbitrated. This shall be done as follows:
a. Either party may initiate arbitration by making a written demand for
arbitration, defining the dispute and naming one arbitrator.
b. Within five days from the receipt of this notice, the other party shall name
the second arbitrator, and identify any additional dispute items.
c. The two named arbitrators shall within ten days name a third arbitrator,
who shall conduct the arbitration.
d. Within 20 days after appointment of the third arbitrator, an arbitration
meeting will be held. Each party may have counsel, and may present the
evidence and witnesses pertinent.
e. The arbitrator shall make his or her decision within five days after the
hearing, which decision shall be in writing and shall be binding upon the
parties, subject to a dc novo appeal to the state district courts filed within
sixty (60) days of delivery to both parties of the arbitrator's decision.
f. If the party to whom the demand for arbitration is directed fails to
respond in writing within five days, the other party must give an
additional five days written notice of his intent to proceed. If there is no
written response, the party initiating the arbitration may proceed with the
arbitration before the arbitrator he has designated, and his award shall
have the same force as if it had been settled by the third arbitrator.
5. Construction. The rule of strict construction does not apply to the easement
created by this Declaration. This Declaration shall be given a reasonable construction so that
the intention of the Declarant to confer a reasonably usable right of enjoyment on the owners of
Lot 1 and Lot 2 is carried out.
2
6. Notice. Any notice required or permitted to be given under this Declaration
shall be deemed given if deposited in the U.S. Mails registered or certified mail, return receipt
requested and addressed to the last known address of the recipient. Notice so given will be
deemed given when deposited in the mail. Notice may also be given in writing by personal
delivery. An owner may give other owners notice of its current address by written notice under
this Article.
7. Amendment. This Declaration may only be amended by unanimous written
agreement of all owners and mortgage holders of record of Lot 1 and Lot 2.
8. Compliance with Law. The owners of Lot 2 shall at all times use and operate the
Driveway Easement in compliance with applicable statutes, laws and regulations.
9. Prior Easement Terminated. The Declarants, as the fee owners of all properties
subject to and benefited by the Prior Easement, hereby terminate and cancel the Prior Easement,
which shall henceforth be of no further force or effect.
�The remainder of this page is intentionally left blank; si�rnntures follow.]
3
IN WITNESS WHEREOF, Declarants have caused this instrument to be executed the day
and year first above written.
DECLARANTS:
� .
E.J eph LaFave, Trustee of the Helen Snyder
Waldron Qualified Personal Residence Trust dated
March 15, 2000 and Trustee under Article 4 of
the William L. Waldron, Jr. Qualified Personal
Residence Trust under Agreement dated
March 15, 2000
STATE OF MINNESOTA )
)ss.
COUNTY OF�„�`�1� )
The foregoing instrument was acknowledged before me this � day of
a 2008, by E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified
Perso al Residence Trust dated March 15, 2000 and Trustee under Article 4 of the William L.
Waldron,Jr. Qualified Personal Residence Trust under Agreement dated March 15, 2000.
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. CFiRISTINE hF. lAATTS(kl NOTARY PUBLIC
NOTARY P'J81.lC-�lOtdH�SOT11
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A4�^Ca��Fxp�res Jan.8i,9111
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Lucinda W. Chorley
, �
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Mich I Chorley
STATE OF MINNESOTA )
' )ss.
COUNTY OF ��'���� )
The foregoing instrument was acknowledged before me tlzis � day of
2008, by Lucinda W. Chorley, married to Michael Chorley.
,�� � I �
CHR�STISVE �J� �IATTSON � � � �
; �''r`�'�`,f'�`iC-��TA NOTAPY PUBLIC
P:�commlceia+�Jen.8�,20M
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STATE OF MINNESOTA )
)ss.
COUNTY OF I� )
The foregoing instrument was acknowledged before me this 1�/' day of
2008, by Michael Chorley, married to Lucinda W. Chorley.
�� � ��
. CHRiS�tNE I�. IAATTSOt'1
�, �qRy p��.�T� NOTARY PUBLIC
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Stacey W. E�s an
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Patrick Eastman
STATE OF MINNESOTA )
)ss.
COUNTY OF � ' ►1 )
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The foregoing instrument was acknowledged before me this � day of
2008, by Stacey W. Eastman, married to Patrick Eastman.
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� � CHRIS i INE�r�. �iATT30�1
�._ � �q�qy p��.��N��� NOTARY PUBLIC
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STATE OF MINNESOTA )
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)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this �1 day of
� ��� 2008, by Patrick Eastman, married to Stacey W. Eastman.
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� t.is�;or'�rr.esa�n Er.pCe�Jen.81,1�A08
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Wendy W. Burton, y
Lucinda W. Chorley, her attorney in fact
STATE OF MINNESOTA )
)ss.
COUNTY OF��� )
The fore oing instrument was acknowledged before me this � day of
2008, by Lucinda W. Chorley, as attorney in fact for Wendy W. Burton, a
sing e person.
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CHRI�TINE i�. MATT30�1
�����`�'�� N TARY PUBLIC
h9r Comiaiadaa:Fxpfrtia Jan.81,211!
c�. =a0.k9=��_r�r�..��,aFv�Y+Bas.t�,�,.1�AAJ�/lRId1AA�n
THIS INSTRUMENT DRAFTED BY:
Gregory D. Soule
Best& Flanagan LLP �
225 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-4690
612-339-7121
017524/250001/9686 ll 1
EXHIBIT A
Co�,v of Prior Easement
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�y �,�. This Ipdeeture, made and entered into this�� ar of �,...:r•��
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� r � t � % 1977, by and betveen NillLam L. Waldron and
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i;"'� � �'.r.' Sheila S. Waldron, hueband and wlfe (the "Waldrone") and the ;• �
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j�;,:� '''' � City of Orono, ` atii
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;,,_ , 41HEREAS, the Waldrona are the record owners of Lot 1, Block i�' �,..
i;'_'� .
� 1, Waldron AdditLon, Hennepin County, Minneaota (hereinafter
i�:..� • ..
iii,u� ' *' referred �o ae che "Msln Tract"; and
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�'.:' �' WHEREAS, the Ualdrons are alno Che record ownera of property "
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� eltuated in thc Councy of Nennepin, State of Mlnneeota, legally `�'
.. �
�':': �• � described as: •
i;��: �� , �� That per[ of [he South Hatf of thc Northvest �
`'c� j n Querter o( tl+e Southeaa[ Q�ertcr oC Sec[tan J, -"�-'
�;�; � To�+nahip 117, Nange 23, ahich Lies weaterly oE a ��
i='c' Line Jravn from a point ih the nurth line
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�� thereof dlatant 670.64 Eeet east oF the northveet . ,
T i � corner of said So��th llalf of the Norchvest Quar�er
� of the Southeaet Querter to a poinc in the South�
�ni
r Line oE satd South llalf oE ti�e Northv�st Quar�er
f:r;•'.. � of Lhc Southeaat Quarter dleta�t 7L5.57 [ect cast
:`� of the southweat corner of �ald Souch Half of thc
�`` t� Nor[hwest Quartcr of the Southeast Quarccr,
Er;�
w�, �
r'' � hereinaEter referred to as [he "Easeme�c Tract"; and
1's. '_
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�;;�� FIHEREAS, In connection with complying �+Lth [he eubdivision
�(� � requiremencs of the Clcy oF Orono Eor che platcing oE ualdron
� � Addition, the parties incend to create ior the beneEic of all
�^' subae uent amers of Che Main Tract an eaaemcnt Cor Lngress anu
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�` NON, 1'11EREFO�iF:, in cons[dcration oC �hc sum of Une Uu1l:�r
($1.00) and other good and valuablc rnn�LclrraCton to eliem in hand
paid by [he C1[y oE Orono, thc Waldrons co�P�an[ and abrce as
Eollovs:
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Y+ . . . .w�/wr1�i • .. ..., . .. . .. .. . . . � . . . . . , _ . . . . . �
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1, Contemporaneoue with the trenefer of the Main Tract, """�
� � the Waldrone will grent to the [ransferee of the ' ' '
,' .�.�� Hain Trac[ a perpetual, non-exclusive ea+emen[,
�p +. ',,. � which shall run with the Iand, for acceae [o che �
j ' Mnin Trnct over a�d acroa� the eae[ 40 feet of the ' + �
� :��'� K South 400 feet of the Eaaement Tract. � � •
f �.'. ,�r. , '' 2. Nothing herei shall.require the Waidrons to % .��y..�
i� ' "`� mai�[ain said asemen[ for erevel. '
. � +--=4y--
' �- 3, 1'hle lndentur ehg21 bind and inure to the benefLc of �
� � [he helre, su eseore and assigna of the parrtes.
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' Dated at Minneapolia, Minnesota the day and ycar fLrst ' �� �
`. ;'�'1
� above vritten. ,
' � ;' �I� �� ��� �.�.. �-��
` ' Ni:llam L. ldnldron
' ' ' �...�.�L
� . �
�`t � / � . � �1�.�i 1��"?`-Y-1
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;:� � Shel n S. Wa dron
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STATE OF MINNESOTA) '
) SS.
COUNTY OF )
_�
'°.} / _ �
On this '1�� day of ."��*'��� �• , 1977 before me a Notary �;� j
Public within and for said County, per�onally appeared 4lilliam L. �
, � ' waldron and Sheila 5. lJeldron, to me known to be thc perauns f,;,; �
;;,; deecrlbcd tn and who exe�ated che [oregoing Lnstrument, and �
acknovledged that they e�ecuted tha s�me ee cheir frec aet and (
- � deed,
�::� � '%t::. j�����, r:< �
� .•t Notary Publlc
;"'� � �
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EXHIBIT B
LEGAL DESCRIPTION OF DRIVEWAY EASEMENT
A 20 foot wide easement for driveway purposes over, under and across that part of Lot 2,
Block 1, Waldron Woods, which lies within 10 feet on each side of the following
described centerline: Commencing at the most westerly corner of said Lot 2; thence on
an assumed bearing of North 89 degrees 42 minutes 27 seconds East along the southerly
line of said Lot 2 a distance of 666.06 feet to the point of beginning of said centerline;
thence North 6 degrees 42 minutes 6 seconds West a distance of 99.12 feet; thence North
8 degrees 23 minutes 29 seconds West a distance of 164.25 feet; thence North 2 degrees
East a distance of 143.32 feet; thence on a bearing of North a distance of 82.97 feet;
thence North 3 degrees West a distance of 44.36 feet; thence North 8 degrees West to the
northerly line of said Lot 2 and said centerline there ending.