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EASEMENT MODIFICATION AND
JOINT EASEMENT AGREEMENT _
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THIS EASEMENT AGREEMENT, made as7d entered into this �9"`�y of'_�e�;
2Q05, by and between Sh�ron L. Peter�on as Trastet of the Sheroa L. Peterson Revocable
Truat under agreement dated Feb. 21, 20fl2 (hereinafter "SLP Trust'�, Stusrt G•
H�rrington, a single person,(hereinafter "Eiarringtan").James L.'.�'iaadel and Paula Mandel,
hushand and wife (hereinafter "�aade3"), and Allen Munson and Deanna :Nunsan, husband
and wife(hereinafter"Munson"),callectively r�ferenced herein as the"Owners".
WITl`'ESSETH:
WIiEREAS, Harrington is the record fee owr.er af that certain real property located in
Hennepin Co•snty, Minnesota, l�gally described on attached Exhibi A (hereinafter referenced as
"Parcei A");
WIiEREAS, SLP Trust is the recard fee owner of that certain reril property located in
Hennepin Co�3nty, Minnesota, legally described an attached Exhibit (hereinafter referenced as
"Parcel B");
WHERE 4S, Mandal is the record fee ow�ner of thas certain real propercy located in
Hennepin County, Minncsota, legally described on attached��ach�bit C (hereinafter referenced as
"Parcel C");
WHEREAS, Munson is the record fee ownei of th3t certain real pmperty Iacated in
Henn�p;n County, MinnesMa, legally described on attached Exhi it D (hereinafter referenced as
"Parcel D");
W1�iEREA5, Parcels A, B, C and D azo dcpicted on the plat map attached hereio es
Exhibit E;
WHEREAS,pursuant to those ceriain grants �f easements for private drivcway purposes
over a partion of Parcel B as set forth in WarrantY Deed dated September 2, 1965, and filed in
the office of the Hennepin Ceunty Registrar af Titles on September 30, 1965, as Document Na.
822972, and Deed of Appurtenant Easement daied Novemixr 10, 1969, and filed in the office of
llOC#1y77b0313
the Hennepin County Registrar of Titles an Deccmber 12, 1969, as Document No. 959925, and
Deed of Appurcenant E�ement dated Novembcr 10, 1969, and filed in the office of the
Hennepin County Registrar of Titles on Decembcr 12, 1969, as Document No. 959926
(collecrively the "Oe3ginat Easements"), the existing privatc drivcway does not accurately
conespond to the easement areas deseribed in said Original Easemcnts (viz.� Docurnent Nos.
822972,959925,and 959926);
WHEREAS, the parties have agreed fo modify the Original Easements ar�d crcate a
mutual driveway easement for the benefit of Pa.rcels A, B, C and D (the `Benefited Property")
over and across a portian of Parcels A ar.d B (the "Burdened Property"), as more fully
described herein.
NOW, THEREFORE, the Ovmer�, in consideratian of the terms and pro��isions of this
Easement Agreement, and other good and valuable consideration, receipt of whieh is hereby
acknowledged,do hereby agree to amcnd the Origir�al Easement as folfows:
1. SLP Trust, in considcration of thC tcrms and provisions of this Easernent
Agreement, and other good and valuahle consideration, roccipt of which is herehy
acknowledged, does hereby grant ta the owners of Parcels A, C, and D, thcir successors and
assigns,a perpetual non-exclusive easement af ingress and egress by a private driveway o��er and
upon that portion of Parcel B which lies within the "Easement Parcel", as the same is described
below.
2. Harrington, in consid�ration of the terms and provisions of this Easement
Agreement, and other good and valuable consideration, receipt of which is hereby
acknowledged,does hereby grant to the Owners of Parcels B, C and D, their heirs successors and
assigns, a perpetual non-exclusive easement af in�gess and egress by a private c�riveway over and
upon that poRion of Parcel A which lies ��vithin the "Easement Parcel" as •1ze same is described
below.
3. For purposes of this Easement Agreement, the "Easement Parsel" refers to that
portion of Parcel A and Parcel B described as foltows:
An 18 f�ot wide easement fnr drivcvvay purposcs over those parts of Tracts A and B,
Registered Land Survey No. 1113, Filcs of Registrar of Titles, Hennepin County,
Minnesota, which lies within 9.0 feet an each side of the following described centerline:
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Cammencing at the most northwestcrly corner of said Tract B;thence northeasterly along
the most northedy line of said Tract B a distance of 8.43 feet to the point of beginning of
the easement being described; thence southerly, deflecting right 105 degrees 15 minutes
13 seconds a distance of 73.08 feet; thence southerly �iong a tangential curve concave to
thc east having a radius of 65 feet and central angle of 23 degrees l7 minutes 2S secor.ds
a distance of 26.42 fect; thence southeasterly tangent to last said curve a distance of 67.90
fect; thcnce southeasterly, southezly and southwesterly along a tangential curve concave
to the wcst, havin� a radius of 65 feet and central angle of 57 degrees 31 minutes 30
secon3s a distance of 65.26 feet; thence southwesterly tangent to the last said curve to the
south line of said Tract B�and said centerline there ending.
The Easement Parcel is graphically shown on Exhibit F,attached herew.
IT IS FURTHER AGREED by the Owners that the easemerts as herein above set forth,
shall be subject to the following torms and conditions:
A. It is the puipose of this joint Easemcnt Agreement that the Easement
Parcel constitute a driveway, and it is agreed that the easements hereby creatui shall be for thc
mutusl use, benefit and enjoyment of the Owners of the Benefited Property, their heirs,
successors, assigns, guests and invitees.
B. The parties agree that the easements created by the Original Easement
recorded as Document Nos. 822972, 959925, and 95992b, w the extent outside of the area
described in and by the Easeinent Parcel, are hereby abandonad,vacated and of no further effect.
C. In the event the Burdoned Property, or any part thereof, is taken for a
public road by any gublic authority, or shall otherwise be taken pursuant to eminent domain
proceedings, no compensation paid by such public body shall inure to the benefit of the Owvers
of the Benefited Property by reason of ihcir being a grantce of thc respcctive casemcnts granted
herein.
D. Neither Ovmer of the Burdened Property shall erect any stcvcture, or
otherwise cause or permit any condition to exist upon the Easement Pazcel which prevents or
Doc�]975803t3
restricts the use of said Easement Parcel by the Owners of the Benefited Property, for the
purposes herein stated.
E, The parties heretu agree that, except as hcreinafter provided, the Owners
of the Benefited Property shall share equally in the costs and expenses of maintaining and
repairing the driveway located upon and within the Easement Parcel. For purposes of this
Easement Agreement,maintenance and repair shall include resurfacing, patching, snow removal
and such other maintenance or repairs as may be reasonably necessary so as to be in
conformance with mairrtenance standards observed by the neighborhood in which thc Burdened
Property is located as determined by the majoriry of Owners (�.e., 3 of the four Parcels A-D).
The parties shall mutually cooperate with obtaining such vendars(e.g. snow plow contractors)to
perform such maintenance.
F. In the eveni that there exists an equal split of the Owners of the Aenefited
Property (i.e, two each of the four Parcels A-D) as to what maintenance and/or repairing to the
driveway located upon the Easement Parcel should be effectuated, it is agreed that the issue may
be submitted by any Owner for binding arbitration before one arbitrator, selected in accordance
wzth the Rules and Regulations of the American Arbitration Association. The Arbitration
procecding will be conducted in the City of Minneapolis, Minnesota and all filing and
administrative casts incurred relative to said arbitration shall be bame equaily by the parties to
the arbitration.
Ci. This Agreement, and all of the rights and resgonsibilities t�reunder, shall
be binding upon the Owners,their heirs,successors and assigns.
H. This agreement shall be interpreted according to the laws of the State of
Minnesota.
Duyl 19758U313
TO HAVE AND TO HOLD SAID EASEMENTS unto the Owners of the Benefited
Property,their htirs,successors and assigns,forever, as appurtenant to their lands.
IN WITNESS WHEREOF, the parties have hereunto set iheir hends,as of the day�uid
year first above written.
OWNERS:
PA EL A:
Stuart G. Harrington
STATE �F MINNESOTA )
)ss:
COUNTY OF HENNEPIN )
The r going insuument was acknowledged before me this�day of
2005,by Stuart G.Harrington,a single person. ,
� KAY M.WN.��� NOT PUBLIC
��y p,,�lic-Minneeotd
My Cornmlalon E���.31,20t0
PARCEL B:
SLP Tnist
Sharon L. Peterson as Tnistee of the Sharon L. Petcnon Revocable
Tntst under agreement dated Feb. 21,2Q02
STATE OF MIl�,'1�TESOTA )
)ss:
COUNTY OF HENNEPIN )
n T�e foregoing instrument was aclaiowledged before me this�day of
rr �L, ,2005,by Sharon L. Petersan as Trustee of tt�e Sharon L. P�terson Revocable
T t under agreement dated Feb.21,2002. C%�.
N T B I G����
ARY PU L C
BARBARA L-IINDSEV
I�io�srY PubtiC
Mkfnefob
Qx��qn E�p�+M 31,ZOtO
DucN l9?580313
�_ __
PARCE
�
Jaines L. andel��JZ`��
�
Paula Mandel
STATE OF MINNESOTA )
)ss:
COLTITY OF HENNEPIN )
e fo oing instrument weis acknowled�ed befo e me this � day of
_ ,2005,by James L. Mandel and P a+ andel,husband an wi e.
! �„���'
NO ARY PUBLIC
CHRISTINE D.KOHLER
Natary r�up� PARCEL D:
�r co��e�,wr�,3,,aow
. Allen Munson
Deanna Munson
STATE OF MINNESOTA �
)ss:
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
,2005,by Allen Munson and Deanna Munson,husbend and wife.
NOTARY PUBLIC
This instrument was drafted by:
Craig D. Greenberg,Esq.
Huffrnan,Usem,Saboe,Crawford&Grecnbcrg,P.A.
5101 Olson ATemorial Highway
Suite 1000 �
Gotdcn Vallcy, '�iN 55422
(?63}545-2'720
DocN I97580313
r
PARCEL C:
James L.Mandel
Paula Mandel
STATE OF MTNNESOTA )
)ss:
COUNTY OF HENNEPIN )
The foregoing inshument was acknowledged befare me this day of
.2005, by Jamcs L. Mandcl and Paula Mandel,husband and wife.
NOTARY PL'BLIC
PARCfi
.�`
,
en Mun �
Deanna Munson
STATE OF�iINNESOTA )
)ss:
courrrY oF xErrrrEpnv �
The foregoing instrument was ecknowledged before me this .�� day of
�%� 2005,by Allen Munson and Deanna Munson,husband and wife.
.�.. .
TARY PUBLI
This instrument was drafted by:
Craig D. Greenberg,Esq.
Huffman,Usem, Ssboe,Crawford�Grecnberg,P.A.
5101 Olson Memorial Highway lAl3 U}RRAINE KfiUSE
Suite 1000 � ►nNDfo�+e�3��0'
Golden Va.tley,MN 55422
(763)545-2720
Doclt k975i0313
Exhibit A
Legal Dcscription of Parcel A
Tract A,Registered Land Survey No. 1113,Hennepin County,Minnesota.
Docil 19758(13�3
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'` E�chibit B
f''
Legal Description of Parcel B
Tract B,Register�d Land Survey No. l 113, Hennepin County,Minnesota.
Dock 1975803�3
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1-ega1 Description of Parcel C
That part of Government Lot �, Section 9, Township 1 I7 North, Range 23, Riest og the 5�'
Principal Meridian, Hennepin County, Minnesota describod as fallows: Commencing at a point
in the West line of said C}ovemment Lot 1, disiant 1160.8 fe�et Northerly measured a�ong said
West line&om the Southwest comer of said Secrion 9;thence East paraltel with the South line of
said Section 9, a distanee of 442.93 feet to the actual point of beginning; thence North parallel
with the West line of said Section 9; a distance of 4.5 feet; thence Esst paraliel with the Sonth
line of said Section 9, a distanee of 173.57 fcet; thence Narthe.asterly deflecting to the ]eft at an
angle of 6 degrees 26 minutes, a distance of 40.55 feeh thence Southeasterly deflecting to the
right at an angle of 11 degrees SS minutes a distance of 93 feet� more or less, to a point 750.35
feet East from the poiat of commencement on the West line of said Governmeni Lot 1, thence
West along a line parallel vrith the South line of said Section 9, a distance of 305.42 feet to the
ac#ual point of beginning. ALSO, that pert of the Nath 102.5 feet of the South 1 I60.8 feet of
said Gov�rnment Lot 1,lying East of the West 442.93 feet thereof.
i7oc1�14758031i
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xhibit D
Legal Description of Parcel D
That part of Government Lot 1, Section 9, Township ll7 North, R.ange 23 West of the 5`"
Principal Meridian described as commencing at a point in the West linc of said Govemment Lot
distant 1160.8 feet North from the Southwest corner of said Govemment Lot; thence East
parallel with ttu South line of said Oovernment Lot a distance of 442.93 feet,passing through a
Judicial Landmark set pursuant to Torrens Case No. ]1475; thence South parallel with the west
line of said Government Lot a distance of 102.5 feet; thence East parallel wirh the South line of
said Govemment Lot a dis#ance of 211.0 feet, more or less, to the shore of Lake Minnetonka to
the actual point of beginning of the land being described; the�e West atong the Iast described
line to a point distant 442.93 feet East of the West line of said Govemcnent Lot and 1058.3 feet
North of the Soeith line of said Govemment Lot; thence North a distence of 102.5 feet to the
North line of the South 1160.8 feet of Governtnent Lot; thence West on the North line of the
South 1160.8 feet of said Govemment Lot a distance of 197.93 feet(or to a point 245.0 feet East
of the West line of sa.id Governmeni Lot}; thence South parallcl with the West line of said
Government Lot a distance of 175 feet; thence Southeasterly deflecting to the lefi 78 dtgrees 04
minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence
Nonheasterly along the shore of said Lake a distance of 180 feet, more or less, to the point of
beginning.
DocY 147S803V
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xhibit E
Plat Map depicting Pazcels A,B,C and D
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DocM 1975803�3
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EXHIBIT F
EASEMENT PARCEL
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DocM 297580313