HomeMy WebLinkAbout2002-09-12 Roadway Easement Agreement d
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R OADWAY EASEMENT
THIS DRIVEWAY EASEMENT ("Easement") is entered into as of - `� � � ��
by and between KTJ Limited Partnership Eleven, a Miimesota limited partnership ("Grantor") and
Robert L. Brackey " rante" ).
RECITALS
WHEREAS, Grantor is the fee owner of certain real property legally described as Lot ?,
Block 1, oak Park Fonds Addition, Washington County, Mim3.esota, which property is the property
burdened by this Easement (the "Burdened Property"),
WHEREAS, Grantee is the fee owner of certain real property legally described as outlot A,
Bracke y 2' Addition, Washington County, Minnesota, which property is the property benefitted by
this Easement (the "Benefitted Property');
WHEREAS, Grantor desires to convey and Grantee desires to obtain a perpetual
nonexclusive roadway ease ment as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained -
herein, including the foregoing recitals which are incorporated into this Easement and made a part
hereof, Grantor and Grantee hereby agree as follows.
I . Conveyance o Roadway Easement. gr ant or hereby conveys and grants to Grantee a
perpetual, nonexclusive easement for vehicular ingress and egress purposes, over and across that
portion of the Burdened Property contained within that certain real property legally described and
depicted on Exhibit A attached hereto and made a part hereof ( "Easement Area").
2. Use of the Easement Area. The Easement Area shall be used solely for vehicular
ingress and egress purposes, over and upon the Easement Area and not for any other purpose. The
use of the Easement Area by persons entitled to use the same shall be reasonable and in common
with all other persons. No trees, permanent buildings or other improvements shall be constructed or
placed within the Easement Area, except to the extent necessary for reasonable repair and
i naintenance and to prevent a, dedication thereof or the accrual of any prescriptive rights by any
person. Grantor reserves the right to any subsurface use of the Easement Area and the right to install
and maintain any pipes, conduits, wires and the like under, upon or over the Easement Area;
provided that such use shall: (a) be conducted in a manner so as not to materially interfere with
vehicular ingTess and egress, over and across the Easement Area. and (b) require Grantor to promptly
repair any damage to the Easement Area caused by such use. In no event shall the Easement Area be
used by construction traffic constructing improvements on the Benefitted Property.
Construction, Maintenance and Repair of the Easement Area. During the terns of this
Easement, Grantor shall maintain the existing bituminous surface of the Easement Area in good
condition and repair. Grantor shall be responsible for the costs and expenses to maintain the existing
improvements located within the Easement Area. During the term of this Easement, Grantee small
maintain any additional improvements made within the Easement Area in good condition and repair.
Grantee shall be responsible for the costs and expenses to construct and maintain any additional
improvements Grantee causes to be made within the Easement Area. Grantee shall be responsible
for obtaining any and all city approvals necessary for any such construction or improvements to the
Easement Area. Grantee, his employees, agents, contractors and subcontractors shall have the right
to enter upon the Easement Area as may be reasonably necessary, with such equipment, rnate and
workers as are reasonably necessary, for the purpose of fulfilling the maintenance and construction
obligations of Grantee hereunder. Prior to Grantee's commencement of any construction upon the
Easement Area, Grantee shall submit plans and specifications of such construction to Grantor for its
prior approval, which approval shall not be unreasonably withheld. All work done by or for Grantee
on the Easement Area shall be done in such rnaiuner as to not unreasonably interfere with the normal
flow of vehicular traffic over and across the Easement Area. Maintenance shall include, without
limitation, the following: (a) maintaining the surface in a level, smooth and evenly - covered condition
with the type of surfacing material originally installed or of similar quality, use and durability and (b)
rennoving all papers, debris, snow, ice, filth and refuse and thoroughly sweeping the Easement Area
to the extent reasonably necessary to keep the Easement Area in a neat, clean and orderly condition.
In the event either grantor or Grantee does not construct, maintain or repair in accordance with this
Section, the other party shall have the right to complete the necessary work and assess any expense
related to this work against the defaulting party and its property.
4. Bindinf4 Effect; Covenants Runn.in.R with the Property. The terms and provisions
described and set forth in this Easement shall be perpetual and constitute covenants running with the
Benefitted Property and the Burdened Property. Such terms and provisions shall inure to the owner
of the Benefitted Property and shall be binding upon the owner of the Burdened Property, including
Grantor and Grantee and their respective successors and assigns.
5. Enforceability. The provisions of this Easement are for the benefit of the Grantor,
Grantee and their respective business invitees, successors and assigns. No other person shall have
any rights ghts to enforce, or be deemed a benefi of, any of the pro contained herein. e
6. Compliance with Laws and ReQ�ulation.s. Grantee will use, and will cause its
employees, agents and invitees to use the Easement Area granted hereunder in compliance with all
applicable laws and regulations and Grantee will not do or permit to be done anything which would
or might result in grantor becoming liable for any increased costs, damages, fines or penalties under
any such- laws or regulations.
7. Counterparts. This Easement may be sided in several counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same instrument.
S. Amendment. This Easement may only be amended or changed by a written
agreernent signed by the then owners of the Benefitted Property and the Burdened Property.
IN WITNESS WHEREOF, the under signed have executed this Driveway Easement as of the
date first above written..
GRANTOR
KTJ Limited Partnership Eleven,
a Minnesota limited partnership
By: Oppidan, Incorporated,
a innesota corporation
Its: en a l artn er
By { ose an
It Pr esi nt
State of Minnesota }
] ss.
County of Hennepin }
This instrument was acknowledged before nee this da of � �� "��� .�: - 2 b
Joseph I I. are, the President of o pp idan, Incorporated, a Mim corporation, General Partner of
p Y
KTJ Limited Partnership Eleven, a Minnesota limited partnership, on behalf of the corporation and
limited partnership.
E WV JOEY A LOBDELL NOTARY PUBLIC MINNESOTA .� ota PUbI c My Commission Expires Jan. 31, 2005
F'
GRANTEE
Robert L. Brackey i
State of Minnesota �
} ss.
County of
This instrument was acknowledged before me this day o 002, b y
Robert L. Brackey.
�-
Notary ly blic
This instrument was drafted by:
MARGARET L. PAVEL
_ NOTARY PUBLIC - MINNESOTA
Morrison, Fenske & Sund, P.A. (DAS) M Comm Expires Jan 37, 2005
5125 County Road 101
Suite 102
Minnetonka, Minnesota 55345
(952) 975 -0050
Exhibit A
Legal Description and Depiction of Easement Area
Those parts of Lot 1, Block I, JACOB ADDITION, and Lots I and 2, Block 1, OAK PAID. PONDS
ADDITION, according to the recorded plats thereof, waslungton County, Minnesota, described as
follows:
Con encln g at the northwest corner of said Lot ?, Block 1, OAK PARK PONDS ADDITION, said
career also being the southeast comer of said Lot I, Block I, JACOB ADDITION; thence on an
assumed bear ng North 35 degrees 46 minutes 15 seconds East, along the west line of said Lot 1,
Block I, JACOB ADDITION, a distance of 8.95 feet to the point of begii of the land to be
described; thence South 54 degrees 06 minutes 00 seconds East a distance of 57.67 feet; thence
North 89 degrees 58 minutes 35 seconds East a distance of 591.91 feet; thence North 64 degrees 54
minutes 34 seconds East a distance of 63.42 feet to the northeast corner of said Lot 2, Block I, OAK
PARK PONDS ADDITION; thence South 02 degrees 00 minutes 03 second East; along the east line
of said Lot 2, Block I , a distance of 83.11 feet; thence North 69 degrees 43 minutes 54 seconds west
a distance of 63.99 feet; thence South 89 degrees 58 minutes 35 seconds west a distance of 564.35
feet; thence South 35 degrees 54 minutes 00 seconds west a distance of 58.81 feet; thence North 54
degrees 06 minutes 00 seconds Nest a distance of 100.0 feet to the west line of said Lot 1, Block. 1,
OAK PARK PONDS ADDITION; thence North 35 degrees 46 minutes 15 seconds East, along said
west line of Lots 1 and 2, Block 1, OAS. PONDS ADDITION and Lot 1, Block 1, JACOB
ADDITION, a distance of 80.00 feet to the point of beginning.
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y � •cam AAtf PARK POA40S aLUnLin►
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ri d - r'"A: o of Lot Z &OCic 1
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8aarrn crex based on ❑ssumad data.
PROk'36EV EASEAWVT DR! CRJF77 ]N
An aasamant for ingress ono agrass purposes, over and across those parts of Lot 1, Block 1. JACOB ADDITION, and Lots I and 2 Block 1, OAK PARK �
PONDS ADDITION, occ0rd09 t - 1 the recorded plats thereof, Washington County, UinneSota described as follows: �
Caro acing at the northwest corner of said Lot 2, Block 1, OAK PARK PONDS A001710N, said corner also being the southeast corner Of sold Got I.
GRAPHIC S�t� Block 1, JACOB AiDOMON. th• once on on assumed bearing of North J5 dogreax 45 minutes 1,5 seconds East; along the west line of sold Lot t, Block 1.
,1AC;06 ADD1710N, a distor,Ce )1 4195 feet to the point of baginmag of the land to be described, thence South 54 dagreas 06 rninutes 00 seconds Cost
,Q ,a§ aw a distance of 57.57 feet: th +!nc• North 89 degrays 58 minutd$ •35 seconds Fast a distonca of 591 -91 feet; thence North 64 degrees 54 minutes J4
seconds East a distance of t:,1.42 feat to the northeast corner of said Lot 2 B10dc 1 OAK PARK PONDS ADD1770N- thence South 02 dsgraes DD
minutes 03 seconds Cost at, the oast line of said Lot 2, Block 1. a. dlatanco of 83.11 feat; thence North 69 degrees 4J minutes 54 seconds West
�� a distance of 5,199 feet: th. nca South 89 degrees M minutes J.5 seconds Worst a distance of 554.J5 fact, thence South J5 degrees 54 minut 00
L4
seconds West a distonce of i$ $1 /eat, thence North 54 degrees 06 mlhutas 00 seconds West 0 distant,* of 100.00 loot to the ,rest li of said Lot
i � _� 1, Block 1, OAK PARK PONDS A001710N. • Ihence North 35 degrees 45 minutes 15 seconds East: along said west lime of Lots 1 and 2 Block l OAK
PA RK PONDS AOOJ770N and tot 1. Block 1, JACOB AD D171ON, a distonca of 80.00 fast to the paint o! bag infring-
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t•*rs�wa P%bawlry dwnt Such Dot= 08/08
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1•MM7 Yya S ►K A.f�� �y rJ Ma K Y/LYC �+I I
Prepared for: _ Min or Subdivision in � ..,.�..........� +.. , .... �.►, �..� �.,...�
Now '4m%v,4ww-w4 0, -, r i.- n -� I C.� �,% r � I ^ r � .___,. ; {� ark"" pi e V cmxr Outlet A. BRACKEY 2ND
CONSENT AND SUBORDINATION d
d
First National Bank of Omaha, the ovvzer and h❑ "
I�.er of �.�t ee�-taln �z�rtg�ge executed �
TJ L��te d � a�tr�ors�� �Ie�rer� �� � a � �
� g �`, to ��s� �t�on �� of Omaha, as Mortg
datod June, � �� � 99� and. recorded xn the office o
o f t �.e County Recorder for Washington C o � . � .
NL�.esota �� Jane , `�� I � ae t ty5 .
D ocument N o. 9361 S9 does h co to the epee `
.deli�uerry ❑� �.e .��serr�er�� � Agreement be e ut���. and
e TJ L n.lted Partnership Eleven, as this �an� Granfi
Robert L $ rackey, to which this and
�t �.s �ttac�ed, ar�,d does her agree tha the I�
a forementioned mortga en o t he,
mortgage shall be subordi - f
E asem e nt {� � gate to end in �o the easernents �d rx �s crea said Eas � eQmen at d bar
Fns T NA BANK OF O MAHA
B Lorri
f ce Prc$ WC11ft - -
STATE OF
� ss
C OU TY OF As
The forcbgoing
Instrument was ac kn owledged edged before me this - dayof
2 0 0 2, b y 1 rrH en fe e the S r. - -
� co of First Na o behalf of s bay National ��� of Omaha, on
� .. 4., .. 4. ........,.................,..._
L G NOTARY' -State of Nebraska
TRACY MORRISON
My Comm Exp, Dec. 24 2003 .�
0 a ub d o
CONSENT
d
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Fleming Companies, Inc. ( "Fleming "), an Oklahoma corporation, the Lessee under that
certain Lease between KTJ Limited Partnership Eleven, as Lessor, and Fleming Companies, Inc.,
as Lessee, dated rune 13, 1997 and recorded in the office of the County Recorder for Washington
County, Minnesota, on June 27, 1997 as Document No. 93 (the "Lease " ), does hereby i
consent to the execution and delivery of the Easement Agreement between KTJ Limited
Partnershi p Eleven, as Grantor, and Robert L. Brackey, to which this Consent is attached,
provided Fleming's rights under the Lease shall not be adversely affected by such Easement
Agreem
FLEMING COMPANIES, INC.
f
By: .
Its:
STATE OF
} ss
COUNTY O F JI_,J� - }
The foregoing instrument was acknowledged before me this 1D day of
20021 b roc= �- � , the - , {� of Fleming
� w
Companies, Inc., on behalf of said corporation.
Notary Public
_
CASE BAI LEY
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Notti of Texas
' z � C0111 fission Expires
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