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HomeMy WebLinkAbout251406/22/99 15:29 FAX 612 334 3184 ESH `G G �5/ y � FRSVHrE �ks�n1�IT 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 06/22/99 14:42 FAX 927 7645 CITY OF EDINA lQ 001 ERROR TX REPORT TX FUNCTION WAS NOT COMPLETED TX /RX NO. 6124 CONNECTION TEL 9P9470117 CONNECTION ID START TIME 06/22 14:42 USAGE TIME 00'00 PAGES 0 RESULT NG 0 #018 (100 ) s (99) \'S� 4 � y � N 15.5 O ` N (4) (S) _ s (3) Q p� 40 5 ") 1 ; 440 j. ® 407 (S) (2=) 441 �I 411 25 `y (6) 147) c ' 6) 441 I 413 (; 1 300 -� � — N N •+ v � � (�}4Z � 479 (9) ' I 45TH ST W 5t"OF LOT ?9 ( 10) I i i r r r r r 4101 ( 127 ) (14) •� W N N N •� I 30 ' V + m w r W y ) (36) 11) O ib it to H a� (16) o (18) ; (29) (30) (31) (32) (33) 21 22 $ '31 n - - - - - -- , I 50 ,512) 450 �� f� LoY n (35) 3) 7� 59 50 90 70 00 60 50 60 w 60 60 60 2.55 Q 3,0 �, R 30 w b Z , A (8) (7) (6) (5) (a) 3 2 I (3) (2) (1) ( 168) , n / / 1637.29 RE S M