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Easement Declaration3528275 Receipt:# 832314 EASE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 3/7/2022 10:05 AM By: LMF, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder EASEMENT DECLARATION This Easement Declaration is made this - _�- , v day of _t1 2022 by TTCP, a Minnesota limited liability company (hereinafter referred to as "Declarant"). RECITALS: WHEREAS, Declarant is the fee owner or property legally described as Lots 22, Block 2 and Lot 23, Block 2, both in Wilderness Run Second Addition, Dakota County, Minnesota (individually known as "Lot" and/or "Lots" and collectively known as the" Property"), and WHEREAS, Declarant desire to create certain easements for drainage, utility, ingress and egess purposes, over a portion of the Lot 22, Block 3, Wilderness Run Second Addition, for the benefit of Lot 23, Block 2, Wilderness Run Second Addition, as more fully described in this Agreement; and WHEREAS, Declarant desires to set forth these easement rights in writing to be recorded with the land records for Dakota County, Minnesota. NOW THEREFORE, in order to provide for the efficient use of the Property as well as the necessary administration, and enhancement of the Property, Declarant declares that the Property shall be used, transferred, owned, occupied and developed in accordance with and Subject to the following easements, covenants, and restrictions. The easements, covenants and restrictions created in this instrument shall be deemed to run with the Property, and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors, assigns and the tenants, concessionaires, licensees and invitees of any of them, and which shall inure to the benefit or each owner thereof. Declaration of drainage, utility, ingress and, egress Easement. Declarant hereby declares that a portion of the Property, described as the Easterly Twenty -Five feet (Ely. 25') of Lot 22, Block 3, Wilderness Run Second Addition is subject to an appurtenant easement for the purposes of drainage, utilities, ingress and egress in favor of the Lot 23, Block 2, Wilderness Run Second Addition, from and to the public street (Cleorne Lane) adjacent to the Lot 22, Page I of 4 Block 2, Wilderness Run Second Addition ("Easement Area"). (See attached Exhibit "A" for a depiction of the Easement Area.) 2. Maintenance of Easement Area. The owner of the Lot 23, Block 2, Wilderness Run Second Addition shall be responsible for all maintenance and repairs required in the Easement Area, Such maintenance shall be performed in a first class manner and in conformity with the standards of similar access drives, including, without limitation, the obligations tomaintain and repair the paved and concrete surfaces such that those surfaces are smooth and evenly covered with the type of surfacing materials originally installed on them or comparable surfacing materials equal in all respects to the original surfacing materials in quality, appearance and durability, remove all paper, debris, filth, refuse, snow and ice therefrom as necessary to maintain the Access Easement in a safe condition (the "Access Work "). 3. Miscellaneous. a, All of the easements, covenants, agreements, benefits and burdens set forth in this Easement Agreement are intended to and shall be construed as covenants running with the land, binding upon, and inuring to the benefit of and enforceable by the parties hereto and their respective successors and assigns. Upon any party's conveyance of all of its interest in its respective parcel, the transferring party shall be relieved of any further liability under this Easement Agreement arising on or after the date of said transfer and such transferee shall be deemed to have assumed all obligations of the transferor hereunder, except to the extent that such transferring party has outstanding amounts due hereunder, which shall continue to be the personal responsibility and liability of such transferring party, b. An owner, and their respective successors and assigns, may enforce their rights under this Easement Agreement in any manner provided by law or equity, including without limitation, a suit for damages or injunctive relief. All attorney fees, legal costs and expenses of any such suit or proceeding shall be awarded to the party whose position is substantially upheld. c. This Easement Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. d, No agreement or amendment shall be effective to add to, change, modify, waive or discharge this Easement Agreement in whole or in part, unless such agreement is in writing and signed by all parties bound hereby. 1. e, The invalidity or unenforceability of any provision of this Easement Agreement shall not affect the validity or enforceability of any other provision. f No delay or omission by any of the parties obligated hereunder to exercise any right or power accruing upon any non-compliance or failure of performance by another party under the provisions of this Easement Agreement shall impair any such right or power or P,ige 2 of 4 be construed to be a waiver thereof. A waiver by any such party hereunder of any of the covenants, conditions or agreements hereof to be performed by another shall not be construed to be a waiver of any succeeding default hereunder of any other covenants, condition or agreement herein contained. g. Nothing contained herein will be deemed to be a gift or dedication of any portion of the Property to the general public, or for the general public, or for any public purpose whatsoever, it being the intention of the parties that this Easement Agreement will be strictly limited to the owners of the Lots, and the respective successors and assigns of each for the purposes expressed herein. h. The paragraph captions of this Easement Agreement are inserted for convenience and reference only and shall not be deemed to define, limit or construe the provision hereof. i. The easement rights, duties and obligations created herein shall not merge with the fee ownership of any Lot. IN WITNESS WHEREOF, TTCP, LLC has executed this Easement Declaration on the date first above written. TTCP, LLC Its Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this a. day of 2022, by Melvin Brown Moore, Chief Manager of TTCP, LLIC, a Minnesota limited liability company, on behalf of the limited liability company, This Instrument was drafted by, Netzeil Legal Services, PLLC 9531 West 78"' Street, # 135 Eden Prairie, MN 54344 Notary Pu TIMOTHY A. NETZELL N3tary Public State of Minnesota Voly Commission Expires January 31, 2025 Page 3 of 4 EASEMENT SKETCH FOR: BUILDERS LOT GROUP NO PROJECT LOCATION: XXXX CLEOME LN. EAGAN, MN 55123 PROJECT NO. BLG21001 PI DR 10-84351-02-220 PIDY10-84351-02-230 S89°4S 45FW. -- 141.65 i o PARCEL A W M N I Go Z 1 N89'45'45'E 142.06 - _ _ _ _ _ _ _ _ 5 O+U _ _ _ _ �-, PROPOSED DRAINAGE, UTILITY, INGRESS, EGRESS AND DRIVEWAY EASEMENT w 25'- D N pl vtM _ PROPOSEDADDITIONAL UTILITY CONNECTION PARCEL B __. z i OD,O 41 1EX15TINC WA MERMAN 1 1 10D+U ' >- EXISTING $>g1TARY 74,24 CLEOME LANE; S89°45'45'W 1 - IS— / APPROX.• SETBACK FOR 5HOUSES TO / THESOUTH EXISTING LEGAL [DESCRIPTION: PARCEL A: Lot 23. Block Two, WILDERNESS RUN SECOND ADDITION, Dakota County, Minnesota. PARCEL B: Lot 22, Block Two, WILDERNESS RUN SECOND ADDITION, Dakota County, Minnesota. EXISTING AREAS: PARCEL A: 12,057 SQ.FT. PARCEL B: 13,052 SQ.FT. CERTIFICATION I hereby certify that this survey, plan or report was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of MINNESOTA. DANIEL L. THURMES 1 License No. 25718 Date:11-12-21 DENOTES PROPOSED EASEMENT AREA PROPOSED EASEMENT DESCRIPTION: An easement for drainage, utility, ingress, NORTH egress and driveway purposes over, under and across that part of the east 25.00 feet of Lot 22, 0 40 80 Block Two, WILDERNESS RUN SECOND ADDITION, Dakota County, Minnesota. %7" SURVEY NOTES: l . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE DAKOTA COUNTY SURVEYORS OFFICE. NAD 88 2. UNDERGROUND UTILITIES SHOWN PER PLANS SUPPLIED BY THE CITY OF EAGAN ENGINEERING DEPARTMENT. 3. THIS IS NOT A BOUNDARY SURVEY. 4. CORNERSTONE LAND SURVEYING, INC. HAS NOT BEEN TO THIS SITE TO VERIFY THE INFORMATION SHOWN ON THIS EASEMENT SKETCH. 5. 2' LIDAR CONTOURS SHOWN PER DNR MNTOPO WEBSITE. NOT FIELD VERIFIED. n c:�>atr :1\ Esc CORNERSTONE LAND SURVEYING, INC.