HomeMy WebLinkAbout251406/22/99 15:29 FAX 612 334 3184 ESH
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FACSIMILE DATA RECORD
EASTLUND, SOLSTAD & HUTCHINSON, LTD.
LAW OFFICES
1702 Midwest Plaza Building
801 Nicollet Mall
Q Minneapolis, MN 55402 -2585
TELEPHONE 612- 339 -8931
FACSIMILE 612- 334 -3184
E -MAIL eshltd @spacestar.com
TO: Fran Hoffman
OF: City of Edina
FACSIMILE NO.: 826-0390
FROM: Dale J. Moe FACSIMILE NO. 121334 -3184
DATE: June 22,199-2 NUMBER OF PAGES
(including this page) 4
THIS DOCUMENT WILL ALSO BE MAILED: YES x NO
SUBJECT: Private Alley for 4129 - 4131 -4133 West 45th Street
INSTRUCTIONS: Enclosed is a copy of the signed Easement Agreement between the three
property owners which has been signed to create a "private alley" in the rear of their properties
which will be parallel to the alley that now exists that the two westerly parcels do not have access
to. You may recall that my client is Christine Leslie, who owns 4131. 1 understand that the
contractor is waiting for me to furnish a copy of this to the City so he can pull the necessary
permits. I will file the original of the Easement Agreement with the Hennepin County Recorder
this week.
Please call if you have any questions. Thank you.
Dale Moe / I
cc. Christine Leslie f
IF TOTAL PAGES OF TRANSMISSION ARE NOT RECEIVED, PLEASE NOTIFY:
DALE OR CHRISTA AT (612)339 -8931
Q001
06/22/99 15:29 FAX 612 334 3184 ESH 0002
DECLARATION OF
DRMWAY EASEMENT
THIS DECLARATION made and entered into this day of -� V P-\-k - ,
1999, by Richard N. Jamieson and Marjorie O. Jamieson, husband and wife, Christine B. Leslie,
single and Peggy Jo Anderson, formerly Peggy Jo Carlson, single.
WHEREAS, Richard N. Jamieson and Marjorie O. Jamieson ( "Jamieson ") are the fee
owners of real property located in Hennepin County, Minnesota, generally known as 4133 West 45'h
Street, Edina, Minnesota, and legally described as follows:
That part of Lot 7, Auditor's Subdivision No. 161 described as follows:
Commencing in the South line of said Lot 7 at a point 50 feet West from the
Southeast comer of said Lot, thence West along the South line thereof a distance of
50 feet, thence North parallel with the East line of said Lot a distance of 160 feet,
thence Northeasterly 51.2 feet to a point distant 170 feet North from the point of
beginning, thence South 170 feet to the point of beginning ( "Parcel 1").
WHEREAS, Christine B. Leslie ( "Leslie ") is the fee owner of real property located in
Hennepin County, Minnesota, generally known as 4131 West 45h Street, Edina, Minnesota, and
legally described as follows:
That part of the East 50 feet of Lot 7, Auditor's Subdivision No. 161, measured at
right angles to the East line of said Lot, lying South of West 45' Street ( "Parcel 2 ").
WHEREAS, Peggy Jo Anderson ( "Anderson ") is the fee owner of real property located in
Hennepin County, Minnesota, generally known as 4129 West 45`b Street, Edina, Minnesota, and
legally described as follows:
Lot 16, Auditor's Subdivision No. 161 ( "Parcel 3 ").
06/22/99 15:29 FAX 612 334 3184 ESH 16003
WHEREAS, the three parcels are adjacent and contiguous to each other and a small area in
the Southeast corner of the Anderson parcel adjoins a public alley which runs East to Grimes
Avenue, and the intent of the parties hereto is to create a private driveway easement over Parcels 2
and 3 to provide vehicular access for Parcels 1 and 2 to the said alley.
NOW, THEREFORE, Jamieson, Leslie and Anderson do hereby declare, establish and
create a non - exclusive driveway easement over the South 22 feet of Parcel 2 and the South 16 feet
of Parcel 3, above described, for the benefit of Parcels 1 and 2 above described. The easement is to
be construed so that Parcels 1 and 2 are to be conveyed together with the above - described easement
and Parcels 2 and 3 are to be conveyed subject to the said easement.
The following terms and conditions regarding this driveway easement are hereby imposed
on the above owners and their heirs, representatives, successors and assigns:
1. Construction and MAntenance. Leslie will initially be responsible for 100% of the
cost of construction, maintenance and repair of driveway and driveway surface. When Jamicsons
begin use of the driveway, they will reimburse Leslie 50% of construction costs of the driveway and
driveway surface. Future maintenance and repair costs will be divided pursuant to the following
percentages: Parcel 1, 50% and Parcel 2, 50 %. Maintenance and repair, including, but not limited
to, ice removal, snow plowing, paving repairs and resurfacing, may be combined for economy, but
the owners of each Parcel shall each be responsible for the share of said expenses attributable to their
own Parcel by the formula given above. Owners shall cooperate and agree on all repairs.
2. Indemnity_ The owners shall each indemnify and save the others harmless from and
against any and all claims, demands, suits, liabilities, and costs which arise or are caused, directly
or indirectly, from use of the driveway easement by such owners or their agents, employees,
customers or invitees.
3. Fnforcement. An action to enforce the provisions of this Declaration may be
pursued by the owner of any Parcel through any proceeding at law or in equity against any person
violating or attempting to violate any provision of this Declaration. Failure by any party to enforce
any rights hereunder shall in no event be deemed a waiver of the right to do so thereafter. Attorney's
fees and costs of any actions, whether to restrain violation, compel compliance or recover damages,
shall be payable by any persons violating the terms of this Declaration.
4. guns with the Land= The terms, conditions, covenants and easements dedicated
herewith shall be appurtenant to Parcels 1, 2 and 3, and shall run with the land and be binding upon
all owners and their heirs, representatives, successors and assigns.
5. Merger. There shall be no merger of the rights and easements created herein by
reason of the fact that the same person or entity now holds or hereafter acquires or holds directly or
indirectly the fee estate in any combination of the Parcels or any interest in any part of the said
Parcels.
K)
06/22/99 15:30 F.0 612 334 3184 ESH
6. If in the future access becomes available directly from Parcels 1 and
2 to the existing alley located directly South of those Parcels, the owners of the property agree that
this Easement will terminate one year from the date such access is established.
7. No Public Rigbjs or Dedication. Nothing contained in this Declaration shall be
deemed to be a gift or dedication of any part of any of the Parcels to the public, or for any public use.
8. T-Te,2dings. The headings of the sections of this Agreement are for convenience and
reference only and do not form a part hereof and in no way interpret or construe such paragraphs.
9. Seyrrabilitya If any provision of this Agreement is held to be unenforceable or void,
such provision shall be deemed to be severable and should in no way affect the validity of the
remaining terms of this Agreement.
IN WITNESS WHEREOF, the foregoing Agreement was executed on the day and year first
above written.
6" 8,
Christine B. Leslie
eggy Jo Anderson
'chard N. Jamieson ,
i
STATE OF MINNESOTA }
}SS.
COUNTY OF }
The foregoing instrument was acknowledged before me this 17 day of ,
1999, by Richard N. Jamieson and Marjorie O. Jamieson, husband and wife.
L CO- aos�a WLKf NOTAR`! puJelic • YMWESOTA
HENNEPIN OOUMY Notary Public
My Commission EXPiN J&% 91.
0 004
06/22/99 15:30 F.C1 612 334 3184 ESH
STATE OF MINNESOTA }
)SS'
COUNTY OF }
n
The foregoing instrument was acknowledged before me this %' day of ,
1999, by Christine B. Leslie, single.
JOSWA HMT
Rwm� Tit Notary ubiic
ih► .Iec.Sl,
STATE OF MINNESOTA }
}SS.
COUNTY OF }
The foregoing instrument was acknowledged before me this /V
1999, by Peggy Jo Anderson, formerly Peggy Jo Carlson, single.
Notary PWftic
Awe
This Instrument Was Drafted By:
Dale J. Moe
Eastland, Solstad, Cade & Hutchinson, Ltd.
1702 Midwest Plaza Building
801 Nicollet Mall
Minneapolis, MN 55402 -2585
4
day of Aveto ,
0005
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