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HomeMy WebLinkAboutDeclaration/covenants/conditions/restrictions/private road easement-1999/amendment-2013 � , 3'2k,� N. �h,o�e �. ' " � Of£� (,= "'" � �r:�=R HEttt;:.!':t! _ : t�,Y,i4��wc5DTA �.,0��,4�9 ���{I ir,r4r '�j_;_v1.�, •t;t1 Q�Z ` i;,_ _, ._ �i �7 ..��,r"��i L::1 �i�i �' �� ,.,_;� r , . :;,��,���9 ���.��.y��iV'� F�lOR TAXES PAID �' ��rr'��"=��' ��.ex, / i�YPRY�� S_R4/ICE:I I�i�^;�r°���'� ��aTcRED . �--� CEPUTv ,lAN �7 i� ^_�_E�N�'�4��Q� �'L�4�4�9 SCL ��.5�' ��3.lAF�991�-£1t C�454?9 DQC �1�.OL� ���y'�K+�ERIN�COi�NTY MINN. '�€�?���-r ,/L1 C� _.,-- D E P UTY �.�.��M�. � �� � DECLA TION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRI�'�TE ROAI�WAY EASEMENT THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT ("Declaration") is made effec`tive as of this �� 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 l," "Lot 2,""Outlot A," or "Outiot 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 nutloi l� a.re and shall be "e:=,, t:ar�sfered, so1d, ccnveyed 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 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. Easeinent 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 Roadwav & 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 :,urbing as Lhe Owners of Lot 1 and I,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, specifications and the awarding c�f contY•acts for Maintenance 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, transfened 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 agauist 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 n�wer 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� Effect. 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. ' � � ,,.� � �, ,f �"``��,�- ��E -/ NOT Y PUBLIC ---� THIS INSTRUMENT WAS DRAFTED BY: WILKERSON & HEGNA, PL�.P ��\����� ` � �"�r� ����'1�BISNOF 1100 Northland Plaza , �;� �4`.�g�T��4�oUgi.�C '�l�J�uE50T� 3800 West 80th Street �:,:: � �� Bloomington, Minnesota 55431 - : . :� �+�wa4'§'s(Il�'��'iR���_�e..�t�� 612/897-1707 ,ti�,-,,,`�nMv�v„�', 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 meander corner Na. 57 on the 5outh side of Ma�:we11 Ba�� in the Eas+ line of said Sectior. 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 Mu�well 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 1, 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 mlore �r less ta a p�i�it :n t�-�e Northerly rignt-of-wa} 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 Northerl� right-of-�ay line of County l�oad 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 � Y • < < • r ' ' - ESHIBIT Al That part of Government Lot 1, Seetion 8,Township 117 North, Ra.nge 23, West of the Sth : Principal Meridian, Hennepin County, Minnesota, descnbed as follows: Beginning at � meander comer Number S7 on the South side o£ Maxwell Bay in the East line o£ said Section 8; thence South aiong the East line of said Section 8, 458.4 feet; thence West at right angles 4033 feet to the actual point of beginning of the tract ta be descn'bed; thence continuing West along the last described line 44.5 feet; thence North at rig�t angles 82.05 feet; thence West at right angles 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 which is 403.3 feet West of the East line of said Section 8, as measured at right angles to said East line; thence South parallel with the East line of said Section 8, 2813 feet more or less to the�actual point of beginning. Together with appurtenant easement over that part of Government Lot 1, i.n Section 8, Township 117, Range 23, Hennepin County, Minnesota, descnbed as follows: Beginning at a meander corner Number 57 on the South side of Maxwell Bay ui the East line of said Section $; thence South along the East line of said Section 8, 458.4 feet; thence West at right angles 447.8 feet to the actual point of beginning of the tract to be descnbed; thence due North 82.05 feet; thence due West 15 feet; thence due South 82.05 feet; thence South 11 degrees 47 ma.nutes West 21$.85 feet;thence South 12 degrces 37 mi.nutes East 73.85 feet more or less to a point in the Nortberly right of way line of County Road No. 51; thence Easterly along the Nortlaerly right of way line of County Road No. 51, 15.1 feet; thence � North 12 degrees 37 minutes West 71 feet; thence North l.l degrees 47 minutes East 21855 feet more or less to the actual point of begrinning. For t�e purpose of this description the East line of said Section 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, Muinesota, descn'bed as follows: Beginning at meander comer 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 beginn.ing of the tract to be descnbed; thence continuing West along the last described line 44.5 feet; thence running South 11 degrees 4'1 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-o€-way line of County Road No. 51; thence Northeasterly 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 Iine 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 li.ne. All according to the United States Government Survey thereof and situate in Hennepin . County, Minnesota. � , . 31.�� No��h�c � Dx No A100S7341 � . Cefified,f�ed and/or recorded on , Dec 12,2013 4:00 PM Office of the County Recorder Hennepin County, Mfn�esota Martln MCCormi�k,Courtfy Recarder AAark V.Chapin,County Auditor and Tr�surer . Deputy 53 Pkg ID 106a298D Doc Wame:Amendment Oocument Reoording Fee $48.00 � Document Totel $46.00 � This cover st�et is naw a permanenf part of the recorded dxumen� . . � 7 �• • • 1 AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS,RESTRtCTtONS ' AND PRiVATE-ROADWAY EASEMENT This Amendment to Declaration of Covenants,Conditions,Restrictions and Private- RAadway Easemeat{this"Amendment'�,made this�day of l�ie�ve�bor7 2013,by Robert Waade,a single person,and Iris Waade,a single peison,("Declarants'�. �Q(,���.'+/� � . � - RECITALS � ' � WSER,EA,S, the Declaraats are the owners of the rea�l property located at 3286 North Shore Driv�, Orono,Minnesota,which is lcgally as: • , Lot 1, Block 1, M�cwell Landin.g, according to the recorded plat thereof, Hennepin County,Minnesota ' ' ("Lot 1'�and upon wluch is located a single family residence; � • -VPHEREA.S,Declatants are also the owners of the real pzoperty located at 3290 & 3292 North Shore Drive, Orono, County of Hennepin, State of Minnesota, which is legally described ' as: . . Lot 2, Bloc�c 1, Maxwell Landing, according to the recorded plat thereof, Hennepin � Cowaty,Minnesota . . ("Lot 2'� and upon which is located a townhome building coataining two single fsmily residsnces(collectively,Lot 1 and Lot 2 may be referred to herein as the"I.ob'�. � WS�REAS, Declarants are also the owners of Outlots A & B, Maxwell Landing, � Hennepin County,M'innesota(individually an"Outlot"and collectively,the"Outlots'�. . WHEREAS, The Lots and the Outlots are subj ect to that certain D'e,claration of � � Covcnants, Conditions,Restrictions and Pnivate-Roadway F.asement dated January 19; 1999 and recorded on January 28, 1999 as Document No.�046429 in the Office of the County R�corder ia and for I-�ennepin County,Iv�esota(the"Declaration'�,which amorig other things provides for . � . the shared owne�ship of the Outlots. . - ' RETURN TO: BURNEY'�TLE ' . eox 2�e �3-�131 1 N � � . r • • . . WHEREA,S,Declaraz��are selling Lot 1 and the bnyer thereof is requiring that . ownezship of the f�rtlots be held by t�ie owner of Lot 1 alone,instead of being s�hared by the owners of Lot 1 and Lot 2 equally and Declarants have agreed to t1�is requiremcnt subject to _ ' receipt of the appmval of the City'(as defined in the Declazation)and the lenders holdin.g mortgag�s on the Lots as required by the Declaration. ' . AGREEII�NT . NOW,T�REFORE,Declarants hereby declare that the Lots and Outlot are and shall be held,transferred,sold conveyed and occupied subject to the covenants,conditions,restrictions ' and easements set forth in the Declaration and this Amendmeut. 1. Section 4 of the Declaration-Ownership of Outlot A and Outlot B. The� , followiag sentence in Sectioa 4 of the Declaration shall be deleted i�a its entirety: , � � Each Lot shall be sold,transfeaxed and conveyed together with an undivided one- ' � half(1/2)intCrest 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,trans�en+ed and conveyed together with 100%ownership of the Outlots. 2, Gove�ming Law. This Amendment shail be governed by and canstrued in accordance with the laws of the State of Minnesota. � . 3, Bin ' Effect This Amendment shall be binding upon and shall inure to the , benefit of the Perties hereto and their successors and assigns. 4. Cou�ergarts. This Amendment may be executed in auy number of counterparts, � each such counterpart shall be deemed to be an original instrument and all such co�terparts together shall constitute a fully executed Amendment. 5. HeadinQs. The headings used in#his Amendment are for convenience only and , 'shall not affect the meaning or interpretation of the Amendment or any provision or paragraph th�reof. ' 6. Ratification. Fxcept as modified herein,all t,erms and conditions of the Deelaration remain in full force and effect [Signat�ure Page and Consent.r to follow] !. ' . . � , IN WITNESS WF�REOF.,Declarants have caused this Amendment to be executed as�of the date set forth above. � . ��A� . . Robert Waade - � � , , . . , Iris Waade " � . STATE OF ��' ) . �� �� ` )ss. COUNTY OF �0''�l� ) e� � The foregoing instrument was acknowledged before me this�day ofi#e��bex,2013, by Robert Waade,a single person. � � Debbfe Ke��op . I�ry P�Ib • N �a�� . Notazy Public MY Comnbebn E�tq�Qig . • . �No.EE 8�Q . . STATE OF MII�iNESOTA ) ' � )ss. � COUNTY OF�HENN'EP1N ) . .� The �foregoing instrument was aclrnowledged before me this � day of� 2013„by Iris Waade,a single person. . �4 , . , Notary Public � - MICHELLE l.ROBfRTS � t�rotey PubliaMtr�sota Mr cenau�on�pa..r.n a�,ao�a • . DRAFT�D BY: . Wn.�xsoN&HEox,a►,P.L.L.P. . - 7300 Metro Blvd.,3uite 300 � ' • Edina,�MN 55439 � • ' � , . • . - . . CONSENT BY THE CITY OF ORONO,MINNESOTA � . The City of Orono,Minnesota(the"City'�hereby consents to the Ame�ment to Ikclarration of Covenants,Cot�ditians,Restrictions and Private Roadway Easetnetrt attachcd hereto. . . � IN WITNESS WHEREOF,the City has caused this Consent to be executa!on the day of December,2�013. . CITY OF OROIVO�M1NNF.SOTA� A MUNICIPAL CORPORATIOl�i . B ' � Its: STATE OF MINNESOTA ) , COUNTY OF )�� � The fore oi insttument was ac�owle ed before me tlus��y of December,2013, by _.�SS��0. �S , the of the City of Orono, Mmnesota,a mumcipal corporation,on o sai etrt�ty. � ���� Notary Public CHRISTIN�NI,MATTSCN '�lIRYPlJ�lC•IpM�80�fA . I�/Cc�rJon6�lesJn.af.�14 �. � vZ(o� Na�v� f�►�. ' �. . �7� ��V�IQ,yC� h� �F� `; ._ • �::'=� ./ HE��t i i �r�' �'in tc�u'A � �� ^ ,_:-, �t.r, �:; � �1��5`N jp� 4 ��k,,;r .. � ;r f,�� n, ��'i'� G• �.� J�ti,� c3 �' �'� ���. '� � �i%����� �r�;���"�:��5 PAE� � n,�� � "I;���'' � ' ��;` `'Q,���� / �>;Y."A`!'�r� S=Fi`�IC�� � �j -/ / 7 i�;b";:."ti`a���.i ?�a'a����� ,� ;1 , � �� C�r"L!i'r ^ � .�G�r,� ,Y ______.___— ,��1�� �� �i��� �� � -• - ��v��. �L„�_.�K��{7�d�i.-�i����� 5:.i'l�k�F`Y�'.7{� `s :�: �'�.�I_t ���I .�'�.T,FI����Q�'#'��� �r'w�'��'���:'� ��c�.�_� �a�.��f� ;�`F =.:P' '�:�IC�k�OISPJTY MINN. _ .�..,,.�.�.�f._.�.--- DEPUTY �. ! � DECLA�TION OF COVENANTS CONDITIONS RESTRICTIONS > > ANll PR�i't3T� �OAI'iW.��Y EASEMEl'�T THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT ("Declaration") is made effective as of this ,v`;� 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 l," "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 �nd ()utlo* B are and :hal? �e ::�:•., t:a���fer;e�5 sol�, co�lveyeu anci 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 . '� �Y 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 L,at 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, specifications and the av��ardiuig ��contracts for Maintenance 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 r - 4. OwnershiQ 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 Additiona.l 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 �e parked in the Roadway for a conti�uous 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 Ciry 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 �owea 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 Eg 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 ���'Ul.�� �C��.d�� 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. � ��y f� �� NOT Y PUBLIC THIS INSTRUMENT WAS DRAFTED BY: WILKERSON & HEGNA, PLLP �"n���� � ��'°`"�'ba'�, N�ICY T 81SHOP 1100 Northland Plaza 't,�;�. ..��':�Q�a��puBUG R�stF�rv�E50T� 3800 West 80th Street � -�°y"��;��_ Bloomington, Minnesota 55431 '' '� �``"��i���-��i�����;-��' .. n� , r . , ,n�1''�lVdJV1MJVVVVV',r 612/897-1707 " 21770k%.be6/98 4 EXHIBIT A LEGAL DESCRIPTION FOR ADDITIONAL PROPERTY Parcel A: (3260 North Shore Drive, Orono, MN) See Elchibit 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�ider corne� No. 57 on the 5outh side Uf NiatiWel� B1y in the Eas+ line of 5aid 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 begirming. 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 1, 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 m.ore �r less to a p�int in trie :Vortherly right-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 beginning; 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 Northerl� rigl�t-of-�ay liiie af County Road 51; thence Southwesterly along said Northerly right-of-way line of Counry 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 _ � . . < < • . . I � I • • �IBIT A1 That part of Goverament Lot 1, Section 8,Township 117 North, Ra.nge 23, West of the 5th : Principal Meridian, Hennepin County, Minnesota, descnbed as follows: Beginn�ng at ' meander corner Number 57 on the South side of Maxwell Bay ia the East line o£ said Section 8; thence Soutti along the East line of said Secdon S, 458.4 feet; thence West at right angles 4Q3.3 feet to the actual point of beginning of the tract to be descnbed; thence continuing West along the Iast described liae 44S feet; thence North at right angles 82.05 feet; thence West at right angles 7S feet; thence North at right angles 183.7 feet rnore or less to the South shore of Maxwell Bay; thence Northeasterly along the Southerly shore of Maxwell Bay to a poini 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 parallel wiih the East line of said Section 8, 281.3 feet more or less to the�actual point of beginning. Together with appurtenant easement over rhat part of Govern.ment Lot 1, i.n Section 8, Township 117, Range 23, Hennepin County, Minnesota, descnbed as follows: Beginning at a meander corner Number 57 on the Souih 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 a.ngles 447.8 feet to the actual point of beginning of the tract to be described; thence due North 82.05 feet; thence due West 15 feet; thence due South 82.05 feet; thence South 11 degrees 47 minutes West 218.85 feet;thence South 12 degrees 31 minutes East 73.85 feet more or less to a point in t1�e 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, 15.1 feet; thence � North 12 degrees 37 minutes West 71 feet; thence North 11 degrees 47 m.i.nutes East 21855 feet more or Iess 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 li.ne. Also together with the appurtenant easement over that part of Govezvment I.ot 1, Section 8, Township I17, Range 23, Hennepin County, Minnesota, described as follows: Beginning at meander corner No.57 an the South side of Maxwell Bay in the East li.ne of said Section 8; thence South along the East line of said $ection 8, 458.4 feet; thence due West at right angies 403.3 feet to the actual point of beginning of the tract to be descn'bed; thence continuing West along the last described line 44.5 feet; thence running South 11 degrees 4'1 minutes West, 218.55 feet; thence running South 12 degrees 37 minutes East,71 feet, more or Iess to a point in the Northerly right-of-way line of County Road No. 51; thence Northeasterly along said Northerly right-of-way line 84.4� feet more or Iess 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 Iess to the actual point of beguuung; for the purpose 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.