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
__.
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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.