HomeMy WebLinkAboutDeclaration of easement (driveway)-2008 - 1�� � str�
Lot �, �oc�c-I
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 15, 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
WHEREAS, 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 1, 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 Driveway 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 for the Driveway Easement, and shall
perform such services in a commercially reasonable and timely�manner. The owners of Lot 1
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 mediator, 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 de 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 Z 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 intentionall� left blank; signatures follow.]
3
IN WITNESS WHEREOF, Declarants have caused this instrument to be executed the day
and year first above written.
DECLARANTS:
7
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
Pesidence Trust under Agreement dated
March 15, 2000
STATE OF MINNESOTA )
)ss.
COUNTY OF�'�"",�„�i� )
The foregoing instrument was acknowledged before me this � day of
i � 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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. �HRISTINE f�. lAATTS�'1 NOTARY PUBLIC
NOTARY P'JBI.lC-PMNt�60TA
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Rfiro��F�tp�res Jan.8i,9111
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Lucinda W. Chorle `�
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Mich 1 Chorley
STATE OF MINNESOTA )
' )ss.
COUNTY OF��'��I�1 )
The foregoing instrument was acknowledged before me this � day of
2008, by Lucinda W. Chorley, married to Michael Chorley.
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CHR9S1'Ih� "�; �iATTSO� � �
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STATE OF MINNESOTA )
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COUNTY OF I� )
The foregoing instrument was acknowledged before me this ��� day of
2008, by Michael Chorley, married to Lucinda W. Chorley.
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CHRIS�'II�E I�. lAATTSON
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Stacey W. E�s an
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Patrick Eastman
STATE OF MINNESOTA )
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COUNTY OF � `' I I )
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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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STATE OF MINNESOTA )
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COUNTY OF � )
The foregoing instrument was acknowledged before me this �1 day of
h '\� 2008, by Patrick Eastman, married to Stacey W. Eastman.
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Wendy W. Burton, y
Lucinda W. Chorley, her attorney in fact
STATE OF MINNESOTA )
)ss.
COUNTY OF�� i )
The fore oing instrument was acknowledged before me this � day of
- 2008, by Lucinda W. Chorley, as attarney in fact for Wendy W. Burton, a
sing e person.
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CHRISTINE 1�.MATT30Mf
����'���� N TARY PUBLIC
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THIS INSTRUMENT DRAFTED BY:
Gregory D. Soule
Best & Flanagan LLP
225 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-4690
612-339-7121
017524/250001/968611_1
EXHIB IT A
Co�,y of Prior Easement
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�-,,.�y ,. This I�denture, made nnd entered into thfa�� ay of � �,�..�+.:��
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� g� !7� r / t � % 1977, by and betaeen IiillLam L. Waldron and
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k;"'� �,•;•r' Sheila S. iialdron, huaband and wlfe (the "Waldrone") and the ,• �y
. 1:.,. I" � •:.�� �
j:; ''• J City of Orono, :..����� ��
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"`�, '�± �'' r W I T N E S S E T H; �� _���
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r,,. � WHEREAS, [he Waldrona are the record owners of Lo[ 1, elock
i<�;'7� , 1�� �w
� 1, Weldron Addition, Hennepin County, Minneeota (hereinafter
j�;.:� _ .
I;4;� ' +' ' referred to ae che "Maln Traet"; and
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�,.;� = WHEREAS, the Waldrons are also Che record owners of property .
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• � eltueted in thc County of Nennepin, State of Minnesoca, legally ��
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;i:t . � �• � described as: • -
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i�?: .;.y �� , �� That par[ of [he South Ha2f of the Northvesc
`"'� " Quarter oC tlie Southeaet querccr oC Seetion l, . •� --+-- .
�'';• r Township 117, kange 21, which lle� ve�terly oE a �� .
;''� � line Jravn from a poLnt ih the north Line
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r � thereof dln[ant 670.64 feet east of the northweet
� corner of sa1J Soi�th llaLf of che Norchvesc Quez�er
� r- of the Southeaat Quarcer [o a poln� in the Souch�
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r line oE satd South Ilalf of the Northvest Quarcer
Ga':• ' of thc Southeast Quarter dletanC 715.57 Cect casc
%` of the aouthweat eorner of �ald South 11a1f of thc
F�,; :�-
�,,-, t� Northves[ Q�artcr of the Sou[heast Quarccr,
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r�' hereinaf[er referred to as che "Eaeement TracC"; and
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�;�`. N?tEREAS, 3n connection with complying wLth the subdivisLon
�~' re uirements oE the Clty aE Orono Eor the platcing of Waldron
�Y's � Q
� � Addi[ion, the patties in[end to creete ior the beneEtt of all
;;:' g subaequent wnere of ehe Main Tract en eaeemcnt Coz Lngress anu
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�;-.; egress;
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�::�' NOl1, 1�IEkEF011E, in consLdcr�Cion oC thc sum of Unc Uull:�r
($1.00) end other good and valuable rnn�lclera[lon to ciiem in hand
pald by [he City oE Orono, the 4laldrons covenanC and abrce as
Eollrn+e:
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� 1. Concemporaaeoue with the tran�fer of the Main Trace, '�•"�
� the Flsldrona will grenc to the [ranaferee of the � ' �
.+•�� Hain Tract a perpetual, non-exclusive eafemen[,
+� r � whieh shail run with the land, for acceae �o the �
3 ��t, Main Trnct over and acroa� the eaa[ 40 feet oE the • + �
'. X South 400 feet of the Eaaement Tract. � �
f •,. �,,, , '� 2. Nothing herei shall require the Waldrons to %���
=�i«
' '� maintdin said asement for trevel. '
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i• 3, 1'hle Lndentur eha2! bind and inure to the bencfLt of `+�
j � the helra, su eseors and aasigna of the parries. n�
..-..- . . .._.T�`1��w.ri
� Deted at Minneapolie, Minnesota the day and ycar first ' " '�
' . ;""'�.y
� above wri[ten,
� ' ,;' tl� �� ��� ��_ �-�
` Wi:llam L. Nnldron
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,�'� ' �1� � C` �'1� fa' � � � �i 1 C.l�"7'�'-1 ` -
;,j � snei a S. �wa dron
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STA'fE OF MINNESOTA) '
) SS.
COUNTY OF )
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On [his '� day of ���*�+� ��• , 191J, before me, a No[ary �:� �
Public within and for sald Couaty, peraonally appeared 5lilliam L. � ' +
• � ' Naldron and Sheila S. Naldron, to me known [o he thc persons f„�� �
;;;c'; deecrlbed ln and who exe�uted the [oregoing Lnstrumeni, and I
acknowledged that they e�ecvted the same aa chelr frec aet and I
� � deed. J/;:. t ��/� l:
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;i;,# �. 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 l, 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.