HomeMy WebLinkAboutRd/utilities easement tr9/03/ZO10 18:07 IFA% EDENPRAIRIEREALTYFAX�CBBURNET.COM -� Allison Van Sloo f�d35/041
. '�1896'79 ��TT AND PHIUM 1Awc�rM��
TAXf�AYER 3ERV10E8
�'RANSFGR EN7ERED
• ' S'f P a?
ROAD AND UTII.ITYES E SEMENT
F=_ � i�1N.
THIS INDENTURE, made this��,�.--"�ay of , by'�'ci wee es�
P. Deanovic and Deborah W. Deanoviq husband an ' e. owners, of property legally descn�ed as
Lots 1 -4 inclusive, Block 1 and Lots 1 - 3 inclusive, lock 2, and Outlats A, B, and C, inctusive,
Jacobs MiII their heirs, assigns and successors hereinafter collectively referred to as "Grantors", and
the City of Orono, a muticipal corporation, under the taws of the State of Minnesota, hereinafter
referred to as"Grante.e."
WITNESSETH, that Grantors, in consideration of the sum of One Dollar (51.00) and for
o#her good and valuable consideration given by Grantee, the receipt of which is acicnowledged by
Grantors, do hereby grant, bargain and convey to Grantee, its successors and assigns, an easement
for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land
in the County of Hennepin and State of Minnesota, as fotlows:
Outlots A,B and C inclusive as contained on the recorded piat of Jacobs M�ll
inciuding, but not by way of limitation, a full and free right and authority to enter upon said land to
construct, install, maintain,operate and repair a sanitary sewer interceptor, lift station, main or line, a
water main or line, gavel or paved road and any and all appurtenances, including drainage control
structures, incidental and related thereto, (such are hereafter collective�y referred to as the
Lnprovement), and the Grantee shall have the rigi�t to make such use of said land as is reasonably
necessary and advisable to the construction, installation, maintenance, operation and repair of the
Improvement. Should Outlot B be open far the beneSt of a subdivision or lat other than lots
contained in the plat of Jacobs Mill, Grantors shali be paid the fair market value for the added use of
said acc.ess.
In addition to any other remedy the Grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Tp HAVE AND TO HOLD said easement unto said Grantee, its successurs and assigns,
permanendy. .
The Grantors herein certify that the lands herein described are free and clear of all
encumbrances except:
Mortgage dated August 27, l 999, and filed of record August 27, ]999 as document number
7172b5b executed by Deborah W. Deanovic and James P. Deas►ovic, husband and wife as
Mortgagors and Private Bank Minneso Minnesota banking corporation as Mortgagee
IN WITNESS WHEREOF, sai rantors have set their hands on the day and year
first above written.
P. Deanovic .
Deborah W. Deanovic
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STATE OF NIINNESOTA )'
)ss.
COUNTY OF HENNE.PII� �
The foregoing insiivment was acknowledged before me this —,��day of
1999 by James P.Deanovic and Deborah W. Deanovic,husband and wife
T Y PUBLIC
STATE DEED TAX DLJE HEREON:
This it�swment is diafled try:
KUNERT,TANIDORNIIdO dt KUHAR
431 South 7'�Street '
Minneapolis,MN 55415
(612)333-3225
rosdulildoc
Page 2 of 2
Q9/03/2'i010 18:08 IFA% EDEAiPRAIRIEREALTYFA%�CCBBURNET.001� -� Alllson Van Sloo f�jj037/041
CONSEN"T TO ROAD AND UTILITIES EASEMI�?NT
Private Banlc Minnesota as the current holder of that certain mortgage dated August 2'7,
1999, and f led of record August 27, 1999 as document number?172656 between James
P. Deanovic and Deborah W. Deanovic as Mortgagors and Private Bank of Minnesota as
Mortgage�e, hereby consents to the filing of the Road and Utilities Easement attached
hereto and subordinates its interest under said mortgage ta the interest of the Gra�rtee.
Private Bank of Minnesota
By
Its /'��,�..
, ,
State of Minnesota )
)SS
County of Hennepin ) �
The foregoing instrument was acknowledged before me this�S�day of
5 E/a!'Erl9/g� , 1999 by I)!�f// 1> L� w'9L DD,the �x£G f/T/dE VtC£ P�fJ'/Of,dj—
of Private Bank of Minnesota, a Nfinnesota banking corporation,on behalf of the
cosporation.
��%�t�v
�/
This instrument was drafted by �
K;UNERT, TAMBORNIlVO &KUHAR „ . ���
431 South 7'�'SVeet ' • ����2oos
Suite 2505
Minneapolis,MN 5541 S
09/03/2010 18:08 IFA7C EDENPRAIRIEREALTYFA%�CBBURNET.COM � Allison Van Sloo �!]03,8/041 .
!�v9VS0
. . ROADWAY EASEMENT&MAINTENANCE.AG�f
THIS AGREEA+�.NT made this ��� day of 1999 hy the
undersigned prop�ty o�mzrs,James P. Dea�wvic and Deborah .Deanovic, husband and wif�
of property Iegally descnbed as Lots 1 -4 inc�usive, Block I, Lots 1 -3, Block 2 and Outlot A,
Jacobs Mill(hereinafter"Owner").
�
V�V]HEREAS the undersigned owns Oudat A, Jacobs IV!'ill, Hennepiu Coumy, M'innesota
(hereinafter refetred to cotlectively as "Lots," individually as a "I:ot'�, and sball upon
corrveyance of each ofLots 1-4 inclusive Block I and i,ots 1 -3 incl��ve, Block 2, Jacobs M�!
include t6c comr�yance of an undivided one-severnh iaterest of Outlot A to provide for commos�
ownership of said Outlot, constituting a private roadwa�y►. In tl�e event the City of Orono sl�ll
determine it to be in thc public iaterest to ut�ize the l�oadway as a public street, each Ovmer
shali, at�er notice in accordance wit� applicable provisions of Code and Minaesota law, comey
its undivided inierest in the Oudot to the City of Orono for � additional c�nsideration
therefare. .
VV7E�REAS the Lots are subjecx to a roadway easement by sa agreement e,ntitled 'Road
and Utilities Ease�nem° of even date herewith, wivch ageemem is filed as Do�ument Number
gRb (herein called "Easement Agreemem");and .
WHEREAS the Owners hereby gant aAd convey a private roa�way easement for the
benefit ofLots 1-4 inclusive, Block I $nd Lots 1 - 3 inclusive, Bloek 2,Jacobs I�ll over Outlots
A,Jacobs Nfill.
VV��REAS it is deemed to be iri the best interests of the Uwne.r, its su�ors and
assigns that there be a common agreement and pravision for maimenance of said roadway
easement as evidenced by said Easement Agreeanent(hereinafter refd�red to as the"Road").
NOW, THEREFORE, it is hereby agreed that the foregoing recitals ate a part of this
agreemern and incorporaied herein
1. Each Owner(and each person or party who shall become aa Qwner afte�'date af .
tlus Agreement) shal[aay to the�er.�n authorized to rec�ve g�ymeat as g*ovide�3 in ParagrEph �
2 below, a portion o�all maintenance and other expes�.ses including real estate taxes attn'butable
to the Road (regardless of�he location of the Roud wi�ere work�is actuaily perfonned) within
Sfteen (15).days of the receipi of an itemized statement for the expeases incun'ed• .1'he
percentage applicabte to each Lot and to be paid by the Owner of that Lot is set forth at the end
of this pa�ragraph. Without Iimiting the generality of the term "maintenanc,�," sucti term slial[
include gtading, snow removal, tree removal, sign posting, resur�acing, insurance expense, and
other worlc reasonably necessary to maintain the Road.
Lots I - 4, inclusive, Block 1 and Lots I - 3, inclusive, Btock 2, Jacobs Mill shafl each
contribute 1/7th of the maintenance expenses as cor�tained hetein.
2. The Record Ovmer of each Lot using said road and paying a percemage of
mainienance costs as provided in Paragrap�s 1 and 2 shall be entitled to one (1) vote under this
Agreeme.�t. An annual budget shall be submitted by any Owner to alt Oarners on or before May
l of each year, together with a notice caUing for a meeting of all Owners of the Lots on any day
Page 1 of 3
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duzing the last fifteen(1 S) days of May of that year. At the meeting so caileti, a majority of the
Owners, voting in person or by proxy, shall have authority to adopt an annus! budget with
respect to maiatenance o�'the Road. At such meeting, a majority of the Owners of the Lots shall
have right to designate one of the Owners as the person authoriz�d to rece�ve paymem artd to
inc�u aU expenses as set forth in the Budget, or as otherwise suthoriz.ed by a majority of the
Owners at such meeting, for the maintena,nce of the Road. The budget so approved by a
majority may be revised at any time upon majarity vote afte.r notice to all Owners of the lots at
least fifteen(15)days prior io a meeting r,alted for such revision
3. In the.e�►errt any Owner fails or refuses to pay 6is perceatage share of the
maintenance expenses from time to time authorized by a majority of the Owners as 1�erein
provided, such unpaid amount shall be a lien (subordinated to fust mortgages) against that Lot
whose Qwner has not paid, until the same is fully paid, with interest ihereon from the mne
payment was due until payment or collection ai the rate of eight percent (8%} per annum; aad
the remaining 4wners, upon majority vote, shall have t�e right and authority to 51e a lien
statement evidencing the unpaid sum, foreciose the lieq and seu the Eot svbject to the lien in
order to recover such unpaid maintenance expenses•together with accrued interest.
4. Nothing contained herein shall prevent any Ovmer unilateraqy and at his sole cost
and expense to mainiain any portion of the Road. The foregoing authority is apeafic.ally gamed
so as to permit ar�y Owner to cause maintenance of the Road to be done in excess of the annual
budget authorized as grovided herein.
5. All benefits and burdens under this Agreement are intended to and shall run with
the land aad shall inure to and bind not only each Owner but also the heirs, successors and
assigns of each Owner.
6. This Agreement may be amended only by a writing signed by all of the Owners of
the Lots.
7. In the event that the Owners of the property fail to maintain the Roadway. ia
compliance with the the appGcable provisions of the Code, the City of Ocono may undertake
such maintenance and may assess the cost of such maintenanc� against each Lot in et�ual,
proportionate shares. No such maintenance conductecf by ihe City will cause the Roadway to
become a public roadway. Such assessment sha11 be and becume a lien upon the Lot until
paymeni in full has been made.
�1 WITNESS REOF this instrument as been exe�uted by the undersigned this
j,3 day of ��� 199
ame P. eanovic
eborah W. Deanovic
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STATE OF MI'NNESO�'A )
� )ss.
COUNTY OF HENNEPII�
�
e forego'ng instrument was acicnowledged before me tbis � day of
1999, by Jasnes P. Deanovic and Deborah W, Deanovic, husband and
r�n e.
NOTARY PUBLIC
1 his instrumanc was drafted by: .��;`�-�=�-
.�, ' �°:
KUNERT,TAIvIDORMNO 8c i{U�iAR ; ,.�'.� ,' ' I�p�p��� '
43l South'1�St�eet � ����.�31.� .
Mint�eapolis,MN SS415
(612)333-3225
PavP 'i �#' 3
09✓03/?jA10 18:09 IFA% EDENPRAIRIEREAI:TYFA%�CBBURNET.COM a Allison Van Sloo l�041/U41
�. , .
,
CONSENT TO ROADWAY AND MAINTENANCE AGR�'sEMENT
Private Bank 11�nnesota as the current holder of that cerisin mortgage dated August 27,
1999,and filed of record August 27, 1999 as documem rnimber 7172656 between James
P. Deanovic and Deborah W.Deanovic as Mo�tgagors and Private Bank ofMinnesota as
Mortgagee,hereby conserns to the filing of tho Consent to Roadway Easement and �
Maintenance Agreement attached hereto and subordinates its i�erest under saed mortgage
to the interest of t!�Grantee. � .
. Private Bank of Mianesota
B
Its V
State of Minnesota )
)S�
County of Hennepin )
�
The foregoing instrument was acknowledged before me this2`� day of
1999 by D�l �/D �. !-�/��i�o, �,e Ex��v nv� viC£ �/�fs�o£,�r-
of rivate Bank of Minnesota, a Minnesota banking corporation, on behalf of the
corporation
This instrumeirt was drafted by ,,,, �. ,1AYNE LEE K1lNM
KUNERT, TAMBORNIN4&KiJHAR � : :�, uoj���•���ES4TA
.
µy��mmission FxDires Jan.31,?.OGS
431 Sout�7U' Street ' '' ._ � . � �^'"'�'""�'�-
Suite 2505 �` ..: �. .:�.. w��.
Minneapolis, MN 55415 � �
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