HomeMy WebLinkAboutCovenants/roadway easement � , c3�oy' ��y�, ��-
Doc No T4961538
Certified, filed and/or recorded on
6/6/12 2:21 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith, Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 812189C
Doc Name: Declaration
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1351357
This cover sheet is now a permanent part of the recorded document.
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DECLARATION OF COVENANTS AND ROADWAY EASEMENT
THIS DECLARATION OF COVENANTS AND PRIVATE ROADWAY
EASEMENT ("Declaration") is made effective as ofjJur� ��, 2012, by Kevin M. Reilly and
Denise D. Reilly, husband and wife ("Declarants"). � ��
RECITALS:
A. Declarants are fee owners of that certain real property located in Hennepin
County, Minnesota legally described as Lot 2, Block l, Graham Hill Preserve 2d
Addition and Outlot A (the "Property").
B. Declarants desire t� provide fi�r the benefit of�he CITY Or ORONQ an easement
for roadway purposes (the "Roadway") over, across and upon Outlot A, and to
further provide for the maintenance relating to the Roadway and the easeinent
herein granted.
NOW, THEREFORE, in consideration of the foregoing, the Declarants hereby declare
that Outlot A is and shall be held, transferred, sold, conveyed and occupied subject to the
covenants and easements hereafter set forth, which shall run with the Property and be binding on
all parties, now or hereafter having any right, title, or interest in the Property and any part
thereof; their heirs, successors, and assigns.
1. Roadwav Easement. Declarants hereby declare and create a permanent easement
for public roadway purposes over, on, across, under, and through Outlot A of the
Property, including the rights of the City, its contractors, agents, servants, and
assigns, to enter upon the permanent easement premises at all reasonable times to
construct, reconstruct, inspect, repair, and maintain said public roadway system
over, across, on, under, and through the permanent easement premises, together
with the right to grade, level, fill, drain, excavate and pave the permanent
easement premises, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and
maintenance of said public roadway system. This Roadway Easement for the
benefit of the City is in addition to the Drive and Roadway Easements contained
in Doc. Nos. 678959 and 2764174.
2. Maintenance of Roadway. Declarants shall pay an equal, proportionate share for
any costs for the maintenance or repair of the Roadway. Maintenance shall
include reconstruction, snow removal, sanding or salting, as necessary.
3. Violation and Enforcement. In the event the Declarants fail to conduct
maintenance, it is agreed that the City, may undertake such maintenance and
assess to Declarants an equal, proportionate share of the maintenance conducted
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by the City. Any such maintenance conducted by the City will not result in the
Roadway becoming a public roadway.
4. Bindin Eg ffect. This covenant shall run with the land and shall be binding on and
inure to the benefit of the Declaratns, their heirs, representatives, successors and
assigns.
5. Warranties of Title. Declarant represents and warrants that they are the lawful
owners of the Roadway and have full right, title and authority to enter into this
Declaration. Any mortgage lender shall consent to this Declaration, which consent
shall be attached and made a part of this Declaration.
IN WITNESS 'WHERECI�F', the parties nave 'r,ereto �aecu�ed tiiis i3eclarat;on ancl
covenant the day and year first above written.
t
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Kevin M. Reilly
c
Denise D. Reilly
STATE OF MINNESOTA )
) ss.
COUNTY OF H�rNCP�� )
This instrument was acknowledged before me on this 3 � ~ day of �ay ,
2012, by Kevin M. Reilly and Denise D. Reilly, husband and wife.
;n . _O_ _ �. �
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Notary Public
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>'���,�; ��� NOTAAY PUEL!C-P��9��NESOTA
DRAFTED BY: [sNtM� � ��;.�:,�;�r' s�iYCO���MISS?�NEXPIRE501i3?!�0;3
Campbell Knutson,P.A. �...�.,,..,�,.,,
317 Eagandale Office Center ���"'�
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651)452-5000
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