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HomeMy WebLinkAboutCovenants/conditions/restrictions/private rd easement and amendment . � 3�Z N��HSI��c � Doc No A100.17341 � � CeRified,Aed and/or recvrded on , Dec 12,2013 4:00 PM O�Ce of the Couniy Recorder Hennepin County, Minnes�a Martin McCormi�k,County Recarder Mark V.Chapin,CouMy Auditor and Treasurer . Deputy 53 Pkg ID 10�4298D Doc Name:Amendme�t Document Recording Fea $46.00 � Document Tota/ $48.00 � Thfs cover sheet�naw a permanenE part of the recorded document . • �� • � , AMENDMENT TO DECLA.RATION OF COVENANTS,CONDITIONS,RESTRICTIONS � AND PRIVATE-ROADW�Y EASEMENT This Amendment to Declaration of Covenants, Conditions,Restrictions and Private- Roadway Easement(this"Amendment"),made this�day of l�ie�e�r 2013,hy Robert Waade, a single person,and Iris Waade,a single person,("Declarants"). �Q(���,.� . � RECITALS � ' WHEREAS, the Declarants are the owners o£the real property located at 3286 North Shore Drive, Orono,Minnesota,which is legally as: • . Lot 1, Block 1, Maxwell Landing, according to the recorded plat thereof, Hennepin County,Minnesota � • ("Lot 1") and upon which is located a single family residence; � • -WHEREAS, Declarants are also the owners of the real pzoperty Iocated at 3290 & 3292 North Shore Drive, Orono, County of Hennepin, State of Minnesota, wluch is legal.ly described ' as: . Lot 2, Block 1, Maxrvell Landing, according to the recorded plat thereof, Hennepin County,Minnesota � ' ("Lot 2") and upon which is located a townhome building contain.ing two single family resiclences(collectively,Lot 1 and Lot 2 may be referred to herein as the"Lots"). � WHEREAS, Declarants are also the owners of Outlots A & B, Maxwell Landing, • Hennepin County,Minnesota(individually an"Outlot"and collectively,the"Outlots"}. , WH��REAS, The Lots and the Outlots are subject to that certain D�eclaration of � � Covez�ants, Conditions,Restrictions and Private-Roadway Easement dated January 19; 1999 and recorded on January 28, 1999 as Document No. 7046429 in the Office of the County Recorder in and for Hennepin County,Minnesota(the"Declazation"),which amorig other things provides for . the shared ownership of the Outlots. � � � qETURN TO: BURNET TITLE � . Box 2�s ��3-��I 31 .. � . r . . . WHEREAS,Deciarants are selling Lot 1 and the bnyer thereof is requiring that . ownership of the Outlots be held by the owner of Lot 1 alone,instead of being shared�iy the owners of Lot 1 and Lot 2 equally and Declazants have agreed to ttiis requirement subject to ' receipt of the approval of the City�(as defined in the Declaration)and the lenders holding mortgages on the Lots as required by the Declaration. � . AGREEMENT NOW,THEREFORE,Declarants hereby declaze that the Lots a.nd Outlot are and shall be held,transferred,sold conveyed and occupied subject to the covenants,conditions,restrictions ' and easements set forth in the Declazation and this Amendment. 1. Section 4 of the Declazation- Ownership of Outlot A and Outlot B. The , following sentence in Section 4 of the Declaration shall be deleted i�a its entirety: - Each Lot shall be sold,transferred and conveyed together with an undivided one- � � half(1/2)interest in Outlot A and an undivided one-half(1/2)interest in Outlot B, and replaced with the following sentence: . Lot 1 shall be sold,transferred and conveyed together with 100%ownership of the Outlots. 2. Governin�. This Amendment shail be govemed by and const�nied in accordance with the laws of the State of Minnesota. . 3. Binding Effect. This A.mendment shall be binding upon and shall inure to the , benefit of the Parties hereto and their successors and assigns. 4. Counterparts. This Amendment may be executed in auy number of counterpazts, • each such counterpart shall be deemed to be an original ins�rument azxd all such counterparts together shall constitute a fully executed Amendment. 5. HeadinQs. The headings used in this Amendment are foz convenience only and . �shall not affect the meaz�ung or interpretation of the Amendment or any provision or paragraph thereof. � 6. Ratification. Except as modified herein, all terms and conditions of the Declaration remaiva in full force and effect. [Signature Page and Consents to follow] . �. • . . . � • . • IN WITNESS VVHEREOF.,Declarants have caused this Amendment to be executed as�of the date set fnrth above. � � Z�A� . � . Robert Waade � � � , . . . . Iris Waade '• ' . STATE OF ��' ) . /�, �I ' )ss. COUNTY OF �/� ) . �C'.eJ�'�v� The fnregoing instrument was acknowledged before me this�day ofi�e�e�ber,2013, by Robert Waade,a single person. ' � � Debb�e Ke�oo . Hotery►Pu�o • N �d� Notary Public aA►�n�tq�21�61g . � . cam►�ela�No.EE 9�2 . . STATE OF MIl�TNESOTA ) ' )ss. • COUNTY OF�HENNEPIN ) �P. . The •foregoing instnunent was aclaiowledged before me this _ day of 2013„by Iris Waade,a single person. . � ���6 . � . Notary Public . MICHELLE L.R09ERT5 . rroar�►pub�.�Ainneeo�n M�Cenl�lal�J�n a1,f0/6 ' . DRAFTED BY: . Wn,�soN&FiEc�rrA,P.L.L.P. � 7300 Metro Blvd.,Suite 300 � � � Edina,�MN 55439 � - ' � , . � • - CONSENT BY THE CITY OF ORONO,MINNESOTA � . The City of Orono,Min�esota(the"City"}hereby consents to the Amendment to Dcclaration of Covenants,Conditions,Restrictions and Private Roadway Easement attached hereto. . . � IN WITNESS WI�REOF,the City has caused this Consent to be executed on the day of Decemlur,2�013. . CITY OF ORONO�MllVNE30TA� A MUNICIPAL CORPORATION . • B ' Its: STATE OF NIINNESOTA ) , ss. COUNTY OF � ) � The fore ' instrument was acknowl ed before me this��y of December,2013, by the of the City of Orono, Minnesota,a munici corporation,on o sai entity. � � ��� - Notary Public CH�ISIINEl�.MATTSON 'MCrARYPl�JC•NIN�'A . 1�►�E�Ies�Na.af.�11 � � 32�Z. N'• � ra-�... , � - OEf� ��:= ".', � ��,��R HEttt.f.!!;'! _� �i i'./IiiNNcSU"sA �O�s4�g � -�c�r^ . _, •t���� �GZi,! ^�1-_G: . � {t` ~I'J y"1 9�� J�a� 2� N� 2� 0� � �i.,^;..�d � �ry � �;,�`�����9 j��I�� F�890R T�XES PAID , ,��"�.;��-L�I 7`,�XPRY�R S�R11iCE8 T�.��S��'i �haTc�ED � �----------'C�Pv�}' JAId c� i99� ���•J�iN������� �?D�54t� SCt3 �4.5£1 z�•.7AFa�91���� C?�14�42Q �€]G #15.OL� � OEPIN OUAITY MINN. `�� �--" DEPUTY .��� �� DECL TION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIV�TE ROAI3WA3t EASEMENT THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT ("Declaration") is made effec'tive as of this f� day of January, 1999, by ROBERT WAADE and IRIS WAADE, husband and wife, ("Declarants"). WHEREAS Declarants are fee owners of that certain real property located in Hennepin County, Minnesota legally described on Lots 1 and 2, Block 1, and Outlot A and Outlot B, Maxwell Landing, Hennepin County, Minnesota (collectively the "Property" and individually, "Lot 1," "Lot 2,""Outlot A," or "Outlot B," as the case may be). AND . WHEREAS, Declarants desire to provide, for the benefit of Lot l, Lot 2 and the Additional Property (as that term is defined herein) an easement for roadway purposes (the "Roadway") over, across and upon the Outlot, and to further provide for the maintenance, ownership, and restrictions relating to the Roadway and Stormwater Facilities (as defined herein), and the easement herein granted. NOW THEREFORE, in consideration of the foregoing, the Declarants hereby declare that Lot 1 and Lot 2 and Outlot A and Outlo+ 1� a.re ar�d shall �e ::e:•�, t�ar,�ferred, sold, cc�veyed and occupied subject to the covenants, conditions, restrictions 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 (each of whom is hereafter referred to individually as an "Owner" or collectively as "Owners"), and shall inure to the benefit of each Owner. 1. Roadwav Easement. Declarants hereby declare and create a perpetual, non-exclusive private road easement over Outlot A and Outlot B for the benefit of Lot 1 and Lot 2 and use by the Owners and their invitees and other public service providers, such as police, fire, bus and ambulance services. In addition, Declarants hereby declare that such perpetual, non-exclusive road easement over Outlot A only shall also be for the benefit of the owners of the property legally described on Exhibit A attached hereto ("Additional Property") (the owners of which shall hereinafter be referred to as "Additional Property Owners") and use by the Additional Property Owners and their invitees and other public service providers, such as police, fire, bus and ambulance > S� � ��l��� services. The Additional Property Owners shall have no maintenance responsibilities, but shall be entitled to use the roadway as described herein in the same manner as such owners are currently using the roadway which existed prior to the date hereof. It is the Declarant's intent that this Roadway Easement shall supercede and replace the easement granted in Document No. 2815511 currently of record in Hennepin County. 2. Easement for Stormwater Facilities. Declarants hereby declare and create a perpetual, non-exclusive easement over the southerly 35 feet of the westerly 65 feet of Lot 1 for the installation and maintenance of Stormwater Facilities as set forth herein, for the benefit of Lot 1 and Lot 2. "Stormwater Facilities" shall be defined to be such land located within the easement created hereunder used for drainage and ponding purposes. 3. Maintenance of Roadway & Stormwater Facilities. a.) The Owner of Lot 1 and the Owner of Lot 2 shall each pay an equal share for any costs for construction, maintenance or repair of the Roadway and Stormwater Facilities. Maintenance of the Roadway shall include construction, � reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping, and curbing as the Owners of Lot 1 and ;.ot 2 shall determine necessary; maintenance of the Stormwater Facilities shall include construction, reconstruction and repair of the Stormwater Facilities. (The maintenance of the Roadway and Stormwater Facilities shall collectively be referred to as "Maintenance.") All Maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "Code"). Declarants shall be responsible, at their expense, for initial construction of the Roadway and Stormwater Facilities, which shall in all respects conform to the requirements of the City of Orono ("City"). All future Maintenance shall be conducted by the Owners of Lot 1 and Lot 2 or their respective contractors, at the expense of the Owners of Lot 1 and Lot 2. b.) The share of costs for Maintenance borne by the Owner of Lot 1 and the Owner of Lot 2 shall each be due and payable on the date such costs for Maintenance are due and payable to the person or entity rendering an account therefor. The share of such costs attributable to the Owner of Lot 1 and the Owner of Lot 2 shall bear interest at a rate of eight percent (8%) per annum from such due date to the date of payment. Any Owner may bring action, on behalf of the non- defaulting Owners, to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. c.) The plans, specific�tions and the awarding c�f eontracts for Mainte�ance shall be approved unanimously in writing by the Owners of Lot 1 and Lot 2. In the event the Owners of Lot 1 and Lot 2 cannot agree upon the plans, specifications and awarding of contracts for Maintenance, the matter shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect, and judgment on the award may be entered in any court having jurisdiction. The cost of such arbitration shall be borne equally by the Owners of Lot 1 and Lot 2. d.) No Owner may exempt himself or herself from the liability for assessments by waiver of the use or enjoyment of the Roadway or by the abandonment of his or her Lot. 2 4. Ownership of Outlot A and Outlot B. Each Lot shall be sold, transferred and conveyed together with an undivided one-half (1/2) interest in Outlot A and an undivided one- half (1/2) interest in Outlot B. In the event City shall determine it to be in the public interest to utilize the Roadway as a public street, each Owner shall, after notice in accordance with applicable provisions of Code and Minnesota law, convey its undivided interest in Outlot A and Outlot B to City for no additional consideration therefor. 5. Prohibitions of Use of Roadwav. a.) No Owner or Additional Property Owner shall obstruct or interfere whatever with the rights and privileges of other Owners or Additional Property Owners in the Roadway and except for Maintenance of the Roadway, nothing shall be planted, altered, constructed upon or removed from the Roadway. b.) No Owner or Additional Property Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across the Roadway. c.) No vehicles shall be parked in the Roadway for a continuous period of time greater than twenty-four hours. d.) No vehicular repair or maintenance may be conducted in the Roadway. 6. Violation and Enforcement. a.) In the event the Owners fail to conduct Maintenance, it is agreed by all Owners that the City may undertake such Maintenance and assess each Lot an equal, proportionate share of the Maintenance conducted by the City. Any such Maintenance conducted by the City will not result in the Roadway becoming a public roadway. Each Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) days after Owner's receipt of such . charges, or else such charge, including attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which payment has not been made. b.) If an Owner shall violate any of the obligations, covenants, conditions or restrictions contained in this Declaration, the remaining Owners shall have the right to enforce this Declaration, and in the event an Owner's violation results in damage to the Roadway, Owners may restore the Roadway to its prior condition and assess the cost of such restoration against the violating Owner. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any of them, shall have the right and ��w�r to enforce this I3eclaration and to collect the cost of any Maintenance required as a result of an Owner's violation in a legal proceeding for that purpose. The prevailing party in any such legal proceedings shall further be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. Nothing contained in this Section 5(b) is intended to alleviate any obligation of an Owner to pay assessments to City in accordance with Section 5(a) above. In the event any assessments are levied by City as a result of violations of an individual Owner or Owners, then such non-violating Owners may collect such sums paid to City from any violating Owner, in accordance with this Section. 7. Bindin E�ffect. This covenant shall run with the land and shall be binding on and inure to the benefit of the Owners, Additional Property Owners, and their respective heirs, representatives, successors and assigns. 3 8. No Amendment. This Declaration may be modified or amended only upon the recording of a document setting forth such amendment executed by all of the Owners, their mortgage lenders, City and any other party having a record interest in Lot 1 and Lot 2. 9. Severabilitv. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 10. Warranties of Title. Declarants represent and warrant that Robert Waade and Iris Waade, husband and wife, are the lawful owners of the Roadway and Lot 1 and Lot 2 and have full right, title and authority to enter into this Declaration. Any mortgage lender, or other party in interest of Lot 1 and Lot 2, if any, shall consent to this Declaration, which consent shall be attached and made a part of this Declaration. IN WITNESS WHEREOF, the parties have hereto executed this Declaration and covenant the day and year first above written. _ ��%.-��.� Robert Waade ��� ���� Iris Waade STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��� day of January, 1999, before me, a notary public within and for said County, personally appeared Robert Waade and Iris Waade, husband and wife, to me known to be the persons described and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. . , !� r ,�'�,,..!� � �� �-z G� NOT Y PUBLIC THIS INSTRUMENT WAS DRAFTED BY: �nnn,lnr�n�vwvvuv� WILKERS4N & HEGNA, PLLP � 1100 Northland Plaza � ��`. . �������S�� ��` "°��;�yC�?�±�k PU9LIC k�l�JlVE50T� 3800 West 80th Street .. Bloomington, Minnesota 55431 � '�"'5���'��i��`�-�t`:�`-'�sr 612/897-1707 ,�,;''„`;'nnnn`��wv„`': 21770k%.be6/98 4 EXHIBIT A LEGAL DESCRIPTION FOR ADDITIONAL PROPERTY Parcel A: (3260 North Shore Drive, Orono, MN) See Exhibit A1 attached hereto Parcel B: (3262 North Shore Drive, Orono, MN) That part of Government Lot 1, Section 8, Township 117 North, Range 23 West of the Sth Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at mea�der corner No. 57 on t�e 5outh side �f Maxwell Bay in the East line of said Section 8; thence South on the East line of said Section 8, 376.35 feet; thence due West at right angles 455.3 feet to the actual point of beginning of the tract to be described; thence continuing due West 68 feet; thence due North 140.7 feet more or less to the Southerly shore of Maxwell Bay; thence Northeasterly along the Southerly shore of Maxwell Bay to a point in the line drawn due North from the actual point of beginning; thence due South 183.7 feet more or less to the actual point of beginning. For the purpose of this description, the East line of said Section 8 is considered to be a due North and South line. Together with a driveway easement filed as Doc. No. 3045644 and easement for water service filed as Doc. No. 2818702. Parcel C: (3264 North Shore Drive, Orono, MN) That part of Government Lot l, Section 8, Township 117 North, Range 23 West of the Sth Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at meander corner No. 57 on the South side of Maxwell Bay in the East line of said Section 8; thence South along the East line of said Section 8, 458.4 feet; thence due West at right angles 403.3 feet to the actual point of beginning of the tract to be described; thence continuing West along the last described line 44.5 feet; thence running South 11 degrees 47 minutes West 218.55 feet; thence running South 12 degrees 37 minutes East 71 fe�t more �r tess to a pc�int :n tY�,e Norlheriy rigiit-of-way� Iine of County Road �1; thence Northeasterly along said Northerly right-of-way line 80.45 feet more or less to a point in a line drawn parallel with and distant 403.3 feet West of the East line of said Government Lot 1 as measured at right angles to said East line; thence North along said parallel line 251.3 feet more or less to the actual point of beginning. For the purpose of this description, the East line of said Government Lot 1 is considered to be a due North and South line. Together with an easement for roadway purposes over the following described tract of land: That part of Government Lot 1, Section 8, Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at meander corner No. 57 on the South side of Maxwell Bay in the East line of Section 8; thence South along the East line of said Section 8, 458.4 feet; thence due West at right angles 447.8 feet to the actual point of beginning of the easement to be described; thence South 11 degrees 47 minutes West 218.55 feet; thence South 12 degrees 37 minutes East 71 feet more or less to a point in the Northerly right-of-way line of County Road 51; thence Westerly along the Northerly right-of-way line of County Road 51 15.1 feet; thence North 12 degrees 37 minutes West 73.85 feet; thence 11 degrees 47 minutes East to a point in a line drawn due West from the actual point of 5 beginning; thence due East to the actual point of beginning. For the purpose of this description, the East line of said Government Lot 1 is considered to be a due North and South line. Parcel D: (3268 North Shore Drive, Orono, MN) That part of Government Lot 1, Section 8, Township 117 Range 23, Hennepin County, Minnesota described as follows: Beginning at meander corner No. 57 on the South side of Maxwell Bay to the East line of said Section 8; thence South along the East line of said Section 8, 376.35 feet; thence due West at right angles 447.8 feet to the actual point of beginning; thence due South 82.05 feet; thence South 11 degrees 47 minutes West 115.38 feet; thence due West 51.94 feet, more or less, to a point in a line drawn parallel with and distant 523.3 feet West of the East line of said Government Lot 1 as measured at right angles to said East line; thence North along said parallel line 195 feet more or less to a point in a line drawn due West from the actual point of beginrung; thence due East 75.5 feet to the actual point of beginning. Subject to an easement over the Easterly 15 feet thereof and including an easement described as follows: Beginning at the Southeast corner of the above described tract; thence South 11 degrees 47 minutes West 103.17 feet; thence 12 degrees 37 minutes East 71 feet, more or less, to a point in the Northerly right-of-�vay line of County Road 51; thence Southwesterly along said Northerly right-of-way line of County Road 51 15.1 feet; thence North 12 degrees 37 minutes West 73.85 feet; thence North 11 degrees 47 minutes East 103.47 feet, more or less, to a point in a line drawn due West from the point of beginning; thence due East to the point of beginning. For the purpose of this description the East line of said Section 8 is considered to be a due North and South line; also together with an easement for water as set forth in Deed recorded as Doc. No. 2815511. 6 • e � � r + , � . • ffiIBIT A1 That part of Government Lot 1, Section 8,Township 117 North,Range 23, West of the 5th � Principal Meridian, Hennepin County, Minnesota, descnbed as follows: Begirming at � meander corner Number S7 on the South side of Maxwell Bay in the East line o£ said Section 8; thence South along the East line of said Section 8, 458.4 feet; thence West at right angles 4Q3.3 feet to the actual point of beginning of the tract to be descn'bed; thence continuing West along the last described line 44S feet; thence North at right angies 82.05 feet; thence West ai right a.ngles '7S feet; thence North at right angles 183.7 feet more or less to the South shore of Maxwell Bay; thence Northeasterly along the Southerly shore of � Maxwell Bay to a point whic� is 403.3 feet West of the East line of said Section 8� as measured at right angles to said East line; thence South paxallel wiih the East li.ne of said Section 8, 281.3 feet more or less to the�actual point of beginning. Together with appurtenant easement over that part of Government Lot 1, in Section 8, Township 117, Range 23, Hennepin County, Minnesota, descnbed as follows: Begi.nning at a meander comer Number S7 on the South side of Maxwell Bay in the East line of said Section 8; thence South along the East line of said Section 8, 458.4 feet; thence West at right angles 447.8 feet to the actual point of begirmi.ug of the tract to be descnbed; thence due North 82.05 feet; thence due West 15 feet; thence due South 82.05 feet; thence South 11 degrees 47 minutes West 21$.85 feet;thence South 12 degrees 37 minutes East 73.85 feet more or less to a point in the Northerly right of way li.ne of County Road No. 51; thence Easterly along the Northerly right of way line of County Road No. 51, 15.I feet; thence � Narth 12 degrees 37 minutes West 71 feet; thence North I1 degrees 47 minutes East 218.55 feet more or Iess to the actual point of beguuung. For the purpose of this description the East li.ne of said 5ection 8, is considered to be a due North and South Iine. Also together with the appurtenant easement over that part of Government Lot 1, Section 8, Township 117, Range 23,Hennepin County, Minnesota, descn'bed as follows: Beginni.ng at meander corner No.57 on the South side of Maxwell Bay in the East line of said Section 8; thence South along the East line of said Section 8, 458.4 feet; thence due West at right angies 403.3 feet to the actual point of begintung of the tract to be descn'bed; thence continuing West along the last described line 44.5 feet; thence running South 11 degrees 47 minutes West, 218.55 feet; thence running South 12 degrees 37 minutes East,71 feet,more or less to a point in the Northerly right-of-way Ii.ne of County Road No. 51; thence PJortbeasterly along said Northerly right-of-way line 80.45 feet more or Iess to a point in a line drawn parallel with and distant 4033 feet West of the East line of said Government Lot I, as measured at right angles ta said East line; thence North along said parallel line 251.3 feet more or Iess to the actual point of beginning; for the pwrpose of this description the East line of said Government Lot 1 is considered to be a due North and South line. All according to the United States Government Survey thereof and situate in Hennepin . County, Minnesota.