Loading...
HOA Recorded Easement Agreement3392482 Receipt:# 692112 AGREE $46.00 Return to: ERECORDING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55401 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 8/20/2020 2:51 PM By: DRA, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is made effective this :30 day of July 2020, by and between Sparrow, LLC a Minnesota limited liability company ("Sparrow or Grantor") and Centennial Ridge Homeowners Association, Inc., a Minnesota non-profit corporation ("Centennial Ridge HOA or Grantee") (collectively, the "Parties"). WHEREAS, Grantor is the fee owner of the following described real property situated in the County of Dakota, State of Minnesota legally described as follows: Lot 1, Block 1, Centennial Ridge 2nd Addition herein after referred to as ("Tract X% WHEREAS, Grantee is the fee owner of the following described real property situated in the County of Dakota, State of Minnesota legally described as follows: Outlot B Centennial Ridge herein after referred to as ("Tract B"); WHEREAS, located on Tract B is a private road way maintained by Centennial Ridge HOA for the purpose of providing the owners of Lots I through 17, ]Block 1 and Lots 1 through 7, Block 2, Centennial Ridge a means of ingress and egress to and from said Lots to abutting public roads. Lots I through 17, Block I and Lots I through 7, Block 2, Centennial Ridge are owned by members of Centennial Ridge HOA ("Owners"); WHEREAS, there is presently located on Tract A an improved private roadway. This private roadway acts as a means of ingress and egress to and from. Johnny Cake Ridge Road to the improvements located on Tract A as well as the Owners described above; WHEREAS, Centennial Ridge HOA on behalf of itself and the Owners and Sparrow wish to agree on their respective contractual rights to use the private road way described on ExhibitA, attached hereto for ingress and egress to and from Tracts A and B and the nearest public road way; WHEREAS, Sparrow and Centennial Ridge HOA are patties to a lawsuit in the Minnesota's First Judicial District (Dakota County), which has been assigned Court File No. 1914A-CV-1 9-2207, and which involved issues of the right to use the private roadway on Tract A (the "Litigation); WHEREAS, Sparrow and Centennial Ridge HOA wish to amicably resolve their litigation; NOW, THEREFORE, in consideration of the mutual benefits derived here from, the parties to this Agreement hereby agree to the following: Grant of Easement. Grantor on behalf of itself , its successors and assigns hereby grants for the benefit of Grantee and the Owners set forth above their heirs, successors and assigns a non-exclusive perpetual easement for the vehicular and pedestrian ingress and egress purposes ("Easement") over and across that part of Tract A described on Exhibit A attached hereto. The Easement described above shall be referred to as the ("Easement Area"). For the purpose of this Agreement, "Grantor" shall mean and refer to the fee owner or contract for deed purchaser of Tract A at the tune relevant to the terms of this Agreement. 2. Use of Easement Area. The Easement Area may be used for ingress and egress to and from Tract A and B to the nearest public roadway. The patties shall retain the right to use the Easement Area in any manner which is consistent with and does not interfere with the rights granted hereunder. 3. Interference with Use of Easement Area. No fence, obstruction or other barrier which would prevent or obstruct passage of pedestrian or vehicular traffic for purposes herein permitted shall be erected or permitted within or across the Easement Area except as may reasonably be necessary, from time to time, to perform Easement Area Maintenance (as defined in Section 4 below), nor shall any other conduct be pen-nitted which would in any matter restrict the rights of either Grantor or Grantee to fully utilize the Easement Area for the purposes permitted in this Agreement. In the event temporary obstructions are necessary in connection with Easement Area Maintenance, they shall be placed so as to minimize disruption of parties use of the Easement Area to the extent reasonably practical. In addition, both parties agree that they shall trim any tree limbs or branches extending from their respective Tracts adjacent to the Easement Area so as to prevent them fi-om brushing against or scratching vehicles in the Easement Area. 4, Maintenance of Easement Area. The owner of Tract A shall arrange for the performance of the following items of maintenance: (a) maintaining the Easement Area in a level, smooth and evenly covered condition with the type of surfacing material and curbing material originally installed or such substitutes as shall be in all respects equal or superior in quality, use, or durability; and (b) removing ice, snow, papers, debris, filth, and -refuse as soon as practicably possible, and sweeping to the extent reasonably necessary to keep the easement area in a clean and orderly condition (collectively, the "Easement Area Maintenance"). Such Easement Area Maintenance shall be undertaken in a manner so as to cause minimum interference to use of the Easement Area to the extent reasonably practical. The owner of Tract A shall be known as the ("Contracting Party"). The owner of Tract B along with the Owners described above shall not arrange any contract contemplated by this Section. For the purpose of this Agreement the Grantee and the Owners shall be known as the ("Other Owner"). 5. Maintenance and Sn9jyptowing Contracts. The Contracting Party shall arrange for the snow plowing of the private road. For the years 2020 through 2025 the Grantee shall only be responsible to pay the Grantor the sum of $25 6. 16 towards the snow plowing contract. In all, subsequent years the Grantee shall pay 1/3d of the cost of snow plowing and de-icing related to the easement area. Easement Area, as described below. It is hereby understood by Grantor and Grantee that the Easement Area is 4,227 square feet and that the overall paved area on Tract A which is snow plowed 48,104 square feet. 4,227 divided by 48,104 shall be known as the "Snow Plowing Fraction". The Grantee's share of snow plowing expenses commencing January 1, 2026 shall be limited to 1/3 Id of the overall snow plowing contract amount multiplied by the snow plowing fraction. Payment shall be made on or before February 1, of each year. Grantee hereby understands and acknowledges that Grantor intends to repave the private road sometime in the ftiture. The first repaving which occurs after execution of this Agreement shall be referred to as the Initial Repaving. The Grantor shall be solely responsible for arranging and contracting for the Initial Repaving. That the Grantee share of the Initial Repaving cost shall be the fixed sum of $4,031.15. This fixed sum shall only apply to the first repaving of the private road and shall not apply to any other expense which maybe incurred with the maintenance of the private road way, with the exception of snow plowing which is addressed in the paragraph above. The Grantee's responsibility for any future repaving, after the first repaving, as well as any other maintenance activities required to maintain the private road in good and usable condition shall be limited to 1/3' of the contract cost related to the private road way described on Exhibit A attached hereto. In the event the maintenance or repaving includes an area other than that shown on Exhibit A attached hereto the overall contract amount shall be applied by a fraction whose numerator is 4,227 square feet and whose denominator is the area actually being repaired or replaced. The Grantee shall only be responsible for 1/3d of the resulting amount. For any contracts other than snow plowing and the Initial Repaving of the easement area the Contracting Party shall submit any proposed contract for easement area maintenance ("Maintenance Contract") to the Grantee for review. The Grantee shall have 21 days from the date the proposed Maintenance Contract is deposited in the United States Mail, first class postage prepaid, to either accept or reject the terms of the Maintenance Contract. If rejected, said rejection shall be in writing and shall be effective upon deposit in the United States Mail, postage prepaid. If the parties are unable to resolve any dispute regarding a Proposed Maintenance Contract, said dispute shall be submitted to binding arbitration pursuant to the Rules of the American Arbitration Association. As provided for below. The Grantee shall reimburse the Contracting Party pursuant to the formula set forth above for costs incurred in performance of Easement Area Maintenance under such Maintenance Contract, no later than thirty (30) days after Grantee's receipt of invoices or other documentation 'From the Contracting Party evidencing such costs. With the exception of snow plowing and the first repaving if the Contracting Party fails to satisfy the provisions of this Section 5, the costs of such Easement Area Maintenance shall be borne solely by the Contracting Party. 6. Damage to, Easement Area. Notwithstanding the provisions of Section 4 and 5 above, in the event either party to this Agreement damages any portion of the Easement Area, the party who caused such damage shall promptly and at such party's sole cost and expense restore and repair the Easement Area to the same condition that existed prior to the occurrence of such damage. 7. DiMute Resolution. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association using its Expedited Procedures. If arbitration does occur, then the costs and fees of the arbitrator shall be borne equally by the Parties, and the Parties shall each bear the costs of their• own experts, evidence and attorney fees; provided, however, that in the discretion of the arbitrator, any arbitration award may include the prevailing parry's share of the arbitrator's costs and fees as well as the prevailing patty's own costs incurred for experts, evidence and attorney fees, to the extent the arbitrator expressly detem-tines that the patty against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitrator either in bad faith, for the pin -pose of annoying or harassing the prevailing patty, or as a dilatory tactic. Indemnification• Insurance. The parties shall each, at their own expense, maintain general public liability and casualty insurance against claims for personal injury or death or property damage occasioned by accident occurring upon, in or about the Easement Area, and each party hereto (the "Indemnifying Party") shall indemnify and hold harmless the other party (the "Indemnified Party") from and against all liabilities, damages, claims, costs, attorneys' fees, and other similar expenses which may be incurred by the Indemnified Party by reason of bodily injury or death of any person or damage to or dewuction or loss of any property arising on or from the use of the Easement Area by the Indemnifying Party or its tenants, contractors, employees, servants, agents, or invitees, except where and to the extent that such liabilities, damages, claims, costs, or other similar expenses arise or result, in whole or in part, from the gross negligence or willful misconduct of the Indemnified Party or its tenants, contractors, employees, servants, agents, or invitees. A party shall give prompt and timely written notice to the other party of any claim, made or suit or action commenced against either party that might in any way result in indemnification under this Agreement. 9. Default. If either party shall default with respect to any of their respective obligations set forth herein, and shall fail within 30 days after receipt of written notice from the other party to cure such default, then the non -defaulting owner shall have the right at their election, but not the obligation, in addition to such other rights and remedies as may be available at law or in equity, to cure such default, and shall be reimbursed by the defaulting owner, for the reasonable cost and expense so incurred (including reasonable attorneys' fees) within 30 days of receipt of written demand for payment, together with reasonable documentation substantiating said costs and expenses. Any sum not reimbursed within the 30-day period shall bear interest thereon at the rate of 8% per annum, or the highest lawffil rate, whichever is lower; provided, however, that the 30-day cure period specified above shall be extended in situations where the default cannot reasonably be cured within 30 days, so long as the defaulting owner both commences and diligently pursues such cure during the initial 30-day period. In the event of an emergency, no prior notice shall be required to be given in order to take action, so long as notice is provided as soon as practicable. 10, Easement Covenants Runniniz with Land. The Basement granted hereunder and aU other terms of this Agreement shall be considered covenants running with. the land and appurtenant to Tracts A, B and those Lots owned by the Owners and shall be binding upon and inure to the benefit of the owners of such Tracts as well as their respective successors, heirs, personal representatives and assigns who become owners of Tracts A, B or Lots owned by the Owners. Each party now or hereafter owning any portion of Tracts A or B shall be liable for the performance of all covenants, obligations and undertaking set forth herein with respect to such portion of the Tract owned during the period of its ownership, but it is expressly understood and agreed that such liability shall terminate upon termination of ownership except for any liability which accrues prior to the time of termination, but such party shall remain liable for any costs incurred while such party was bound by the terms of this Agreement. For matters accruing after such termination, any liability arising hereunder prior to such party ceasing to be the owner shall not be terminated but shall continue after the party ceases to be an owner until such liability is satisfied, 11. Enforceability. The covenants and agreements herein contained are enforceable by any party whose property is either burdened or benefitted by the Easement granted hereunder, 12. Severability. If any portion of this Agreement is held invalid; the validity of the remainder of the Agreement shall not be affected thereby. No provisions contained in this Agreement shall be deemed to have been abrogated or waived by reason of any failure to enforce the same. 13. State Law Applicable; Jurisdiction. This Agreement is entered into in the State of Minnesota and shall be governed by and construed by the laws of the State of Minnesota. Any action to enforce the terms of this Agreement shall be commenced in District Court located in the County of Dakota, State of Minnesota. 14. Dismissal and Settlement of Litintion. The Parties hereby agree that their attorneys shall execute and file the Stipulation and Proposed Order attached hereto as Exhibits B and C dismissing the Litigation, with prejudice, with each Party to bear its own attorney fees, court costs, and other expenses of litigation. The Parties further agree to any other steps that are reasonably necessary to dismiss the Litigation with prejudice and with each party bearing its own attorney fees, court costs, and other expenses of litigation. In entering this Agreement, the Parties intend to fully resolve and settle their litigation and they hereby mutually release any and all claims made during theLitigation. 15. Merger. This Agreement represents the entire understanding between the parties hereto. Any prior understandings, oral or written are hereby declared null and void. No amendment to this Agreement shall be effective unless said amendment is reduced to writing and said writing is signed by the owners of Tracts A and B set forth herein. VMERE FORL, Grantor and Grantee have caused this Agreement to be executed in their names on the day and year first written above. GRANTOR Sparrow, LLC a Minnesota limited liability company h By: FhomSs falonack Its: Chief Manaa STATE 01`.WN�XA )ss COUNTY OF ��zzn Q1,(\,-) GRANTEE Centennial Ridge Homeowners Association, Inc. a Minnesota nop4rofit corporation IleIts:­ By-, Its: The foregoing instrument was acknowledged before me this A� day of July. 2020 by Thomas Jalonack the Chief Manager of Sparrow, LLC a Minnesota limited liability company, on behalf of the company. STACEY L. TERRY Notary P Notary Public — State of K My Appointment Expirej�Ulll n STATE OF MINNESOTA ) I )SS COUNTY OF ez-k-0 *�'-A- ) POOJA SHARMA Notary Public -Minnesota My commission Expires Jan 31, 2021 The foregoing instrument was acknowledged before me this day of July, 2020 by o e m _ the LiO, e and by the of Centennial Ridge Homeowners Association, Inc. a Minnesota non- profit corporation, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFT10 BY: KELLY AND LVAMONS, P.A. 2350 Wycliff Street; Suite 200 St. Paul, UN 55114 Telephone: 651-224-3781 Facsixiii1e: 651-2123-8019 In Exhibit A An easement for ingress and egress purpose lying over, under and acrossLot 1, Block 1, Centennial Ridge 2d Addition , according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northwest comer of Lot 1, Block 1, said CENTENNIAL RIDGE; thence on an assumed bearing of South 19 degrees 02 minutes 50 seconds East, along the westerly line of said Lot 1, a distance of 4038 feet; thence southeasterly, along said westerly line, a distance of 33.26 feet, along a tangential curve, concave to the southwest, having a central angle of 19 degrees 51 minutes 00 seconds and a radius of 96.00 feet, to the point of beginning of the easement to be described; thence southwesterly, a distance of 146.61 feet, along the west line of Outlot B and the northwesterly line of Lot 7, Block 2, said CENTENNIAL RIDGE, along a compound curve, concave to the northwest; having a, central angle of 87 degrees 30 minutes 15 seconds and a radius of 96.00 feet; thence southwesterly, a distance of 1.3.73 feet, along said northwesterly tine, along a reverse curve, concave to the southeast, having a central angle of 25degrees 22 minutes 39 seconds and a radius of 31.00 feet, to the west line of said Outlet A; thence North 02 degrees12 minutes 59 seconds East, along said west line, not tangent to said curve, a distance of 20.63 feet; thence North 00 degrees 17 minutes 13 seconds West, along said west line, a distance of 17.94 feet; thence southwesterly, a distance of 20.94 feet, along a non-tangetial curve, concave to the northeast, having a central angle of 37 degrees 29 minutes 49 seconds, a radius of 32.00 feet and a chord bearing of South 80 degrees 40 minutes 59 seconds East; thence northeasterly, a distance of 90.49 feet, along a compound curve, concave to the northwest, having a central angle of 79 degrees 45 minutes 56 seconds and a radius of 65.00 feet; thence South 89 degrees I I minutes 50 seconds East, not tangent to said curve, a distance of 31.00 feet, to the point of beginning, M