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HomeMy WebLinkAbout2000-04-21 Declaration of Cross Easements - DRAFTDECLARATION OF CROSS EASEMENTS RECITALS 1. W.A.T.E. Enterprises, Inc., a Minnesota corporation (hereinafter "Declarant"), is the owner of propert in Washin Count Minnesota, le described on Exhibit A attached hereto and made a part hereof, and consistin of six separate parcels of propert in Block 2, Kern Center 2 d Addition. 2. Declarant desires to create cross easements whereb the owners of all six parcels can have the common use of the bituminous pavement and parkin areas. 3. Declarant also desires to make provisions for the creation of a propert owners association to be responsible for the repair and maintenance of the common use areas. NOW THEREFORE., Declarant hereb declares that all of the six parcels described on Exhibit A attached hereto shall be held, sold and conve subject to the followin covenants and easements which are for the purpose of protectin the value and desirabilit of and which shall run with the real propert and be bindin on all parties havin an ri title or interest in the described properties or an part thereof, their heirs, successors and assi and shall inure to the benefit of each owner thereof: 1. Creation of Cross Easement. Declarant hereb conve and dedicates a permanent access easement for the purpose of in and e over that portion of the Exhibit A propert depleted as the joint bituminous pavement area on Exhibit B to with a permanent parkin easement for the common use of the parkin areas as depicted on DRAFT COPY - SUBJECT TO REVIEW AND APPROVAL BY CITY COUNTY OFFICrar e I ke , n C�C�L ONJ F9 nI A the joint bituminous pavement paring areas on Exhibit B. Z. Every owner of the six parcels of property which is subject to these covenants shall be a member of a property owners association set up as a non-profit corporation in the State of Minnesota. Membership shall be appurtenant to and may not be separated from ownership of any parcel which is subject to this easement. 3. Repair and Maintenance The Declarant for each parcel described on Exhibit A hereby covenants and each owner of any parcel by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the association assessments to be established and collected for the repair and maintenance of the joint bituminous access and parking areas. The assessments shall be the personal obligation of the person who is the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title unless expressly assumed by them. All sums assessed to any parcel shall be secured by a lien on such lot in favor of the association. Such. lien shall bear interest and shall be superior to all other liens and encumbrances on such lot except only for the liens of taxes and assessments and the lien of a first mortgage duly recorded in Washington County, Minnesota real estate records prior to the making of such assessment. 4. Repair and Maintenance Defined with respect to the bituminous pavement access and parking areas it is agreed that repairs and maintenance shall include the resurfacing of the easement areas, the marking of the parking spaces, the plowing of snow and the application of salt or sand as needed. Any further repairs or maintenance pertaining to DRAFT COPY - SUBJECT TO REVIEW AND APPROVAL BY CITY AND COUNTY OFFICIALS the easement areas shall not be undertaken except with the express consent of the owners of the six parcels of property. 5. Di s utes Conceming airs or Maintenance to be Arbitrated. All claims, demands, disputes, controversies and differences that may arise between the owners of the six parcels of property concerning maintenance, repair, ingress, egress or payment shall be settled by binding arbitration. Such dispute or controversy shall be judged pursuant to the Rules and Procedures of the American Arbitration Association. 6. Easement Not To Be obstructed The easements herein created are for the mutual use and benefit of the owners of the Exhibit A property and shall not be obstructed except by the vehicles using the area for access and parking. The owners of the property shall use the rights granted by this instrument with due regard to the rights of others and their use of such easements shall not in any way impair the rights of the other owners or guests from using the same. 7. Amendment The parties agree that the provisions of this declaration may be modified or amended in whole or in part only with the consent of two - thirds of the owners of the property and any amendment must be in writing executed and acknowledged by all parties and duly recorded in the office of the Washington County Recorder. Any amendment of this Declaration without the written consent of any mortgagee shall not be binding upon that mortgagee provided that the mortgagee's consent shall not be unreasonably withheld or delayed. 1 ■ 8. Easement To Run with the Land. The grant of the easements herein shall run with the land and be binding upon and inure for the benefit of the owners of the Exhibit A property, their heirs, successors and assigns. IN WITNESS WHEREOF the Declarant has executed this instrument as of the date written below. Date: , 2000 W.A.T.E. ENTERPRISES, INC. By: Will .Zintl President STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 2000, before me, a Notary Public within and for said County and State, personally appeared Will ,Zintl, the President of W.A.T.E. Enterprises, Inc., a Mim iesota corporation, who, being by me duly sworn, did say that he signed said instrument as his own free act and deed on behalf of the corporation. Notary Public (Notarial Seal) This instrument was drafted by: W.A.T.E. Enterprises, Inc. 5 620 Memorial Avenue North Stillwater, MN 55082 DRAFT COPY - SUBJECT TO REVIEW AND APPROVAL BY CITY AND COUNTY OFFICIALS