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4140 Blackhawk Rd HA(JGE, EIDE & KELLER, P.A. ATTOFNEYS AT LAW Water View Office Tower, Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55121 Paul H. Hauge Kevin W. Eide David G. Y.eller Lori M. Bellin Debra E. Schmidt TO: February 16, 1987 Fi20M: Paul Aauge Kevin Eide g Dave Keller Lori Bellin Debra Schmidt dJl???(O Area Coc3e 612 Telez)hone '456-9000 45a-4242 RE: Lots 1,2,3,4,5,6,7, Blackhawk Plaza (Map attached) Project No. None Enclosed please find: Development Contract PL7D Agreement g Easement Declaration of,Access Easement from Beure'-Co Deed Other Action reguested: please place this recorded document in your permanent file. Tom Hedges Tom Colbert ?- Gene VanOverbeke Dale Runkle Jeanette Morcomb N ^ F l. / ?m « I ? i ? I ? ?4y;y1 '??,.. ""° ? ,? • I ?c frA. 2•69.78 s-w ane j a•:0-4t0o' ?T srws••aA'r ?• 150,00 ?• 7e.a . •T? -?t:? • ? ? ? ,. ' - . , . PC . ? ?ASE ?o??eu/s ? w [ LTA. 3t70AI It- e•d _ , . . ^ n r' _ (?( • ; . ., . . .. J? k•? ?-so E stA. 6.9221 e ?? , • ? _ s 4 . . ?•? ?' ? "'?,l.?r?d 1 - WESTBOUND LANE C.S.A.H. NO. 30 / M,oa / .. f Tw?cw? tu% ,. .. . DECLARATION OF ACCESS EASEMENT ,j THIS DECLARATION, made this 7.7 day of 1986, by BLACKHAWK PLAZA, INC., a Minnesota Corporation and BEURE'-C0, a Minnesota Limited Partnership, (hereinafter referred to as "Declarants"); WITNESSETH THAT: WHLREAS, Declarants are the fee owners of certain real property located in the City of Eagan, County of Dakota, State of Minnesota, legally described as follows: Lots 1, 2, 3, 4, 5, 6, and 7, Blackhawk P1aza, according to the plat thereof on file and on record in the office of the County Recorder in and for Dakota County, Minnesota, (hereinafter referred to as the "Subject Property"); and , WHEREAS, Declarants desire to subject a portion of the Subject Property to permanent easements for the purposes of ingress to and egress from the Subject Property, and further desires to provide for the maintenance, repair an3 reconstruction of said easements by the owners of the Subject Property. NOW, THEREFORE, Declarants hereby declare as follows: 1. Permanent, private, non-exclusive easements and rights of way for the purposes of access to and from the Subject Property are hereby created and imposed upon those portions of the Subject Property described as follows: See Exhibit A attached. .•.? Z " r (hereinafter referred to as the "Easement Property"). These access easements shall be for the non-exclusive use and benefit of the owners of the Subject Property, their respective tenants, licensees, invitees, successors and assigns. 2. The Easement Property shall be blacktopped and used for access from public streets and roads to the Subject Property. Declarants hereby impose upon the present and all future owners of the Subject Property the obligation of maintaining, repairing and reconstructing such blacktop. The cost and expense of such maintenance, repair and reconstruction shall be borne by the owners of the Subject Property and shall be allocated amongst them, so that each owner shall be obligated to pay a percentage of such cost and expense equal to the percentage of the total square footage of the Easement Property which is located upon the portion of the Subject Property owned by such owner. In the event any owner of a portion of the Subject Property sha11 fail or refuse to pay when due all or any portion of its share of the cost and expense of such maintenance, repair or reconstruction, then the other owners, or any of them, may make such payment on behalf of such delinquent owner, and the owner or owners making such payment shall be entitled to repayment from such delinquent owner for a11 sums so paid, together with interest at the maximum rate permitted by law. _ 3. The easement rights and the obligations created herein and imposed hereby sha11 be permanent in their duration, shall run with the land, and sha11 be binding upon and inure to the benefit of the successors and assigns of Declarants. f IN WITNESS WHEREOF, Declarants have caused this Declaration to be executed on the day and year first above written. BLACKHAWK PLAZ A, INC., a Minnesota Cor oration --? By : ?= , Its By: Its r BEUR ? , a Minnlesot ?i ited a n r hip B y: C ? ? L? ; Drafted By: It a Hauge Eide & Keller - 1200 Yankee Doodle Road By: Water View Office Tower Its Suite 303 , Eagan, MN 55123 STATE OF MINNESOTA ) ? ) ss. COUNTY OF ?L?) n r T e foregoing instrument was acknow ed before me this day of J , 19K, by }?, QjtjX.e! and , the and , of Gk' , a corporation, on behalf of the corporation. Notary Public ?,?-i4;;,KNUTE PETER STALLANO OTARY PUBUC - MINNESOTA N *?ikj HENNEPIN COUNTY STATE OF MINNESOTA MY Commiuion Expuea Feb. 'l 1997 / . ) ss. COUNTY OF 4y?, ) Th foregoing instru ent was/ ac-k/n wledged f? re me this Z? ?day of ?'/ b Y l.. U. T/?v- ? • and ? . the and , of 29/,td..4 ? , a Limited Partnership, on behalf of the Partnership. .:;;?.w:,;.:KNUTE PETER STALLAND ?' ? NOTARYPUBLIC -MINNESOTA Notary Public HENNEPIN COUNTY My Commiysipn Expires Feb. 7,1a6? . ,` • -- - COMP10N PRIVATE DRIVE EASEMENTS Lot 1 and 2 of Block 1, BLACKHAWK PLAZA, Dakota County, hlinnesota, share a private common drive over the following described property: ' TS?e West 12.50 feet of the South 205.00 feet of said Lot 2 and the East 12.50 feet of the South 205.00 feet of said Lot 1. , Lots 1, 2, 3, 4, 5, 6, and 7 of Block 1, BLACKNAWK PLAZA, Dakota County, Minnesota share a private common drive over a strip of land 40.00 feet in width said strip being 20.00 feet on each side of the folloviing described centerline: CDmraenring at the northwest corner of said l.ot 1, thence South 29 decrees 00 minutes 38 seconds :dest, Glerg the westerly line theaeof, 176.80 feet; to the point of beginning; thence South 60 degrees 59 minutes 22 seconds East, 219.78 feet; thence south- easterly, along a tangential curve concave to the northeast having aradius of 150.00 feet and a central angle of 28 degrees 41 minutes 00 seconds, a distance of 75.09 feet to the north line of said Lot 7; thence South 89 degrees 40 minutes 22 seconds East, a]ong the north line of said l.ots 4, 5, 6 and 7, a distance of 540,34 feet; thence northeasterly, along a tangential curve cflncave to the northwest having a radius of 60.00 feet and a central angie of 32 degrees 13 minutes 51 seconds, a distance of _ 33.75 feet to a point on the east line of said Lot 2 distant 9.24 ' feet north of the southeast corner thereof and said centerline there terminating. The side lines of said strip of land shall be extended or shortened, along said curve, to terminate at the east lines of said Lots 2 and 4. Lots I, 2, 3, 4, 5, 6 and 7 of Block 1, BLACKHAWK PLAZA, Dakota County, Minnesota share a private common drive over the foliowing described property : The West 20.00 feet of said Lot 5 and the East 20.00 feet of said Lot 6. _