HomeMy WebLinkAboutRe: shared garage/1989 Sufferance Agreement 7okn d':Anita Gardner
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SUFFERANCB AGREEMErIT
AGREEMENT, er.ecuted as of the �(��' day of February,
1989, by Donald D. Tesch and Darlene M. Vogel as the Personal
Fcepresentatives of the Estate of Gladys B. Tesch, Decedent
(hereinafter referred to as "Tesch") and, �Tohn W. Gardner and
Anita L. Gardner, husband and wife (hereinafter collectively
referred to as the "Gardners") .
RECITALS
WHEF.EAS, Tesch and Gardners are the fee owners of
adjoining parcels of real property situatEd in the State of
rlinnesota and the County of Hennepin; and
WHEREAS, there is an existing structure (hereinafter
called the "Garage") that is situated approximately one-half on
the Tesch real property and one-half on the Gardners real
property; and
WHEREAS, although the aforesaid Garage has been in
pldce many years, the parties desire to reduce in writing their
rights and duties respecting the Garage,
NOP1, THEREFORE, in consideration of the promises made
herein, the parties made the following cevenants with each other:
AGREEMENT
1 . Property. Tesch is the fee owner of the parcels
of real property that are situated in the State of Minnesota and
tlie County of Hennepin that is legally described as follows:
Lots 3 and 4 , "Albee ' s Long Lake Addition"
G
, . . 2
� That part of the South 175 feet of Government Lot 1 ,
Section 26 , Township 118 , Range 23 , lying East of a
line drawn parallel to and 675 feet East of, measured
at right angles to, the West line of said Section 26
and West of the Extension South of the most Westerly
line o£ Lot 1 , "Auditor' s Subdivision Number 291,
Hennepin Coun�y, Minnesota"
The Gardners are the fee owners of the parcel of real property
that is situated in the State of Minnesota and the County of
Hennepin that is legally described as follows:
The East 60 feet of the West 735 feet of that part of
the P�est } of the Southwest � of Section 26, Tewnship
118, North Range 23 West of the 5th Principal Meridian,
lying South of the Westerly extension of the Arorth line
of Lot 2 , "Auditor' s Subdivision Number 291, Hennepin
County, Ninnesota" , EY.CEPT the South 175 feet thereof,
together with an easement for the purposes of a roadway
for ingress and egress over and across the Easterly 12
feet of that part of the South 175 feet of Government
Lot 1, Section 26, Township 118 , Range 23 , lying East
of a line drawn parallel to and 675 feet East of,
measured at right angles to, the West line of said
Section 26 and �r'est of the extension South of the most
Westerly line of Lot 1, Auditor' s Subdivision Number
291, Hennepin County, Minnesota, and together with an
easement for driveway purposes over and across the
North 20 f�et of the West 60 feet of the following
. described premises, described as follows, te-wit: That
part of Government Lot 1 , Section 35, Township 118,
Range 23 , de�cribed as follows: Beginning at the
intersection of the North line of said Section 35, with
the Southerl�� extension of the most Westerly line of
Lot� l, "Auditor' s Suhdivision Number 291, Hennepin
County, Minnesota"; thence w'est along the North line of
said Section 35 to its intersection with a line running
parallel with and 675 feet East of, measured at right
angles to, the West line of Section 26, Township 118 ,
Range 23; thence South along the extension of the last
described parallel line 67 .46 feet; thence East,
parallel with the North line of said Section 35, a
distance of 80 feet; thence South parallel with the
West line of Lot 2 said Auditors Subdivision, to the
shore of Long Lake; thence Southeasterl�� along said
shore to its intersection with a line and its Southerly
extension drawn parallel with and distant 140 feet East
. . . , 3
from the East line of "Albee' s Long Lake Addition" ;
ther.ce North al�ng the last described lin� to the North
line of said Section 35; thence West to the point of
beginning, except that part thereof embraced within the
Registered Land Survev No. 934 , according to the
Government survey thereof.
2 . Sufferance. Tesch covenants with Gardners that
Tesch will allow the portion of the Garage situated on the
above-described real property owned by Tesc.h to remain on said
real property until the termination of this Agreement. The
Gardners covenant with Tesch that the Gardners will allow the
portion of the Garage situated on the above-described real
property owned by the Gardners to remain on said real property
until the termination of this Agreement.
3 . Term. The covenants contained in this Agreement
shall terminate in the event that the Garage is demolished with
the consent of the parties then owning the properties subject to
this Agreement or is damaged beyond the cost of reasonable
repair.
. 4 . Maintenance. Each party shall maintain the half
of the Garage situated on that party' s real property an� the cost
of reasonable repair and maintenance of each party wall or
property on the property line shall be shared by Tesch and the
Gardners to the extent of their use of said property.
5 . Run With The Land. The parties, for themselves ,
their heirs, executors, administrators., successors ar.� assigns,
covenant with each other that the agreements contained herein
sHall be covenants running with the land. The rights , duties and
obligations of any person arising under a covenant set forth_
herein shall cease when the person ceases to own an interest in
. . . . 4
any parcel of real property described above herein, but shall be
� transferred to and continue for successors and assigns as owners
of the subject properties herein.
6 . Encroachments . If any portions of the Garage used
by the respective parties shall actually encroach upor. the
property of the other party, or if any such encroachment shall
hereafter arise because of settling or shifting of the Garage or
other cause, there shall be deemed to be an easement in favor of
the owner of the encroaching portion of the Garage to the extent
of such er.croachment so long as the same shall exist.
Ir1 Y7ITNESS WfiEREOF, the parties have e�.ecuted this
Agreement as of the day and year written above.
�f" L•�
Donald D. Tesch, Personal
Representati�;e nf the Estate
of Gladys B. Tesch, Decedent
Darlene M. Vogel, P r nal
Representative of the Estate
of .Gladys II. Tesch, Decedent
ST�TE OF MI�VNESOTA )
) ss. .
COUNTY UF HENNEPIN )
The for going Agreement was acknowledged before me this
���� day of , 1989, by Donald D. Tesch and
Darlene M. Vogel , as the ersonal Representatives of the Estate
of Gladys B. Tesch, Decedent.
. . . . -- 5
• , . .
��'7:�,�, SHEILA TH01ViPSGN �/ `
:� NOTARY PUBLIt—b11NNESOTA ///1 � n ^ )I
�� FiENNEPIN COJ�iY i� �� �v "
My commissior ex:i�es II-25=>^3 O ary PUb1.1C
. :�.�+vvar+Nr..•.srr...�..v.r.�r,.
hn W. Gardn
.
Anita L. Gardner
SiATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing Agreement ��as acknowledged before me this
��� da�► of � � , 1989 , by John W. Gardner and
Ar.ita L. Gardner, husbar.d ar.d wife.
N ary Public
■MMI�� e
�`�.. JEAN E. BOOS �
s� NOTARY PUBLIC—MINNESOTA
`���� RAMSEY COUNTY �
. My comm.Expaes sep 9. t9s2
This Instrument ' `
Was Drafted By:
RRAUSE & ROLLINS
310 Groveland Avenue
Minneapolis, MN 55403
(612) 874-8550