4106 Blackhawk Rd - Trail Easement Agreements0
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THIS TRAMWAY EASEMENT "Easement is made as of this day of August, 2007 by Jacob Ingalls,
single and Mark M. Gergen, single "Grantors
A. Grantors are, respectively, the fee owner and contract purchaser of Lot 1, Block 1, Greyhawk Second
Addition, Dakota County, Minnesota "Grantors' Property
B. Grantor desires and intends to grant and convey to Greyhawk I Homeowners' Association, a
Minnesota non -profit corporation and to Greyhawk II Homeowners' Association, a Minnesota non -profit corporation
"Grantees a pedestrian trailway easement, as more fully set forth herein.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, Grantor hereby grants to Grantees a non- exclusive pedestrian trailway easement over, under and
across that portion of Grantor's Property legally described as follows:
A 10 foot wide easement over and across Lot 1, Block 1, GREYHAWK SECOND ADDITION,
Dakota County, Minnesota, the centerline of which is described as follows: Commencing at the
Southeast comer of said Lot 1; thence NO1 °43'38 "E, along the East line of said Lot 1, a distance of
7.00 feet to the point of beginning of the centerline to be described; thence N89 °35' 18 "W, a distance
p of 174.82 feet; thence westerly along a tangential curve, concave to the Northest, having a radius of
103.00 feet, a central angle of 45 °46'07 a distance of 82.28 feet; thence North 43 °49'11" West,
tangent to said curve, a distance of 97 05 feet to the Northwesterly line of said Lot 1 and there
terminating
The side lines of said easement shall be lengthened or shortened to intersect the Northwesterly and
Easterly lines of said Lot 1.
(the "Easement on the terms and conditions set forth herein.
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PEDESTRIAN TRAIL EASEMENT
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RECITALS
WITNESSETH
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1. Purpose. The Easement granted herein is for the following purposes:
a) Pedestrian and bicycle access over and across a bituminous trailway installed within the Easement
area, said access for the benefit of Grantees, and for the benefit of the owners and occupants of residential dwellings
located within Greyhawk Second Addition, Dakota County, Minnesota.
b) Access by Grantee for trailway maintenance purposes
2. Motor Vehicle Use Prohibited. Motor vehicle use of the Easement area by Grantees is not
permitted except in connection with the purposes described in Subsection I. b), above.
3. Damage; Maintenance. Grantor and Grantees will each be responsible for any damage caused in
any way by, or which arises out of, their respective use of the Easement area. All general repairs, maintenance, and
upkeep of the trailway and the Easement area shall be the responsibility of Grantees, subject to the following: In the
event of the approval by the City of Eagan of a subdivision and re- development of Grantors' Property, whether or not
in combination with other real property, resulting in the recording of a plat thereof containing or creating more than
one (1) residential lot which is proposed to utilize the Easement area for purposes of ingress and egress, thereafter
the owner(s) ofthe lots within such subdivision shall be responsible for a pro -rata share ofthe trailway maintenance
and repair expenses incurred by Grantees, with the share determined by multiplying the said maintenance and repair
expenses by a fraction, the numerator of which shall be the number of lots within such subdivision which includes
Grantors' Property, and the denominator of which shall be forty -four (44) plus the number of lots within such
subdivision which includes Grantors' Property.
4. No Improvements. Grantees shall not install any park or recreation equipment, any trailway
amenities, or any other improvements in the Easement area nor alter the Easement area in any way, without the
express written consent of Grantors or Grantors' successors and assigns.
5. Use By Grantor. Grantors and Grantors' successors and assigns shall have the right to use the
Easement area to the extent that such use is not inconsistent with the easement rights granted to Grantees by this
instrument.
6. Indemnification. Grantors and Grantee, and their respective successors, shall indemnify, hold
harmless, and defend each other from any injury or damage suffered or sustained by any person or entity arising out
of, or any way resulting from, the negligence or intentionally malicious act or omission of the indemnifying party
relating to his/her /its use, maintenance, or repair of the driveway within the Easement area.
7. Title. Grantors warrant that no other person who has not executed this instrument has an interest in
the Easement area other than Grantors and that Grantors have good right, title and interest in the real property which
is subject to the Easement granted herein.
11/21/07 2
[signature page follows]
IN WITNESS WHEREOF, Grantor has executed this Easement as of the day and year first written above.
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
w JACKIE DEE LARSON
NOT;-.9? P LIC MINNESOTA
Ily Comm E pares Jan 31. 2411
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
JACKIE DEE LARSON
NOTLRi PUBLIC MINNESOTA
idy Comm E•piies Jan 31. 2011
This instrument drafted by:
S. Todd Rapp, P.A.
4686 Slater Road
Eagan, MN 55122
11/21 /07 3
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The foregoing instrument was acknowledged before me this j'day of November, 2989 by Jacob Ingalls, single.
The foregoing instrument was acknowledged before me this 1$ day of by Mark M. Gergen,
single.
tary Public
DATE RECEIVED 0.- CO
DAKOTA COUNTY
TREASURER- AUDITOR
INGRESS AND EGRESS EASEMENT
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THIS INGRESS AND EGRESS EASEMENT "Easement is made as of this 2 d day of November,
2007 by Greyhawk I Homeowners' Association, a Minnesota non -profit corporation and to Greyhawk II
Homeowners' Association, a Minnesota non profit corporation ("Grantors")
RECITALS
A. Grantors are the fee owners of Out]ot A, Greyhawk Second Addition, Dakota County, Minnesota
"Property
B. Mark M. Gergen "Grantee is the contract purchaser of Lot 1, Block 1, Greyhawk Second
Addition, Dakota County, Minnesota "Grantee's Property
C. Grantors desire and intend to grant and convey to Grantee a perpetual appurtenant ingress and
egress easement over and upon a portion of the Property for the use and benefit of the Grantee, and Grantee's
heirs, personal representatives, successors and assigns, all as more fully set forth herein.
WITNESSETH
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, Grantors hereby grant to Grantee, as the contract purchaser of Grantee's Property, and Grantee's
heirs, personal representatives, successors and assigns, a non exclusive appurtenant ingress and egress easement
over and upon that portion of the Property legally described as follows:
That part of Outlot A, Greyhawk Second Addition, Dakota County, Minnesota lying
westerly of the southerly extension of the most easterly line of Lot 1, Block 1, Greyhawk
Second Addition, Dakota County, Minnesota
he "Easement on the terms and conditions set forth herein.
I. Purpose. The Easement granted herein is for the purpose of providing unrestricted pedestrian
and motor vehicle ingress and egress to Grantee's Property from Blackhawk Road.
11/21 /07 Page 1 of '3
2. Maintenance and Repair. A bituminous surfaced private driveway currently exists within and
upon the Easement area.. All maintenance, repair, snow plowing, and reconstruction of the existing driveway
improvements within the Easement area shall remain the exclusive responsibility of Grantors, subject only to
the provisions of Section 4, below, and, further subject to the following: In the event of the approval by the
City of Eagan of a subdivision and re- development of Grantee's Property, whether or not in combination with
other real property, resulting in the recording of a plat thereof containing or creating more than one (1)
residential lot which is proposed to utilize the Easement area for purposes of ingress and egress, thereafter the
owner(s) of the lots within such subdivision which utilize the Easement area for ingress and egress shall be
responsible for a pro -rata share of the above referenced maintenance and repair expenses incurred by Grantors
for all of Outlot A, Greyhawk Second Addition, Dakota County, Minnesota, with the share determined by
multiplying the said maintenance and repair expenses by a fraction, the numerator of which shall be the number
of lots within such subdivision which utilize the Easement area for ingress and egress, and the denominator of
which shall be forty -four (44) plus the number of lots within such subdivision which utilize the Easement area
for ingress and egress.
3. Indemnification. Grantors and Grantee, and their respective successors, shall indemnify, hold
harmless, and defend each other from any injury or damage suffered or sustained by any person or entity arising
out of; or any way resulting from, the negligence or intentionally malicious act or omission of the indemnifying
party relating to his/her /its use, maintenance, or repair of the driveway within the Easement area.
4. Damage. Grantors and Grantee will be responsible for any damage caused in any by, or which
arises out of their respective use of the Easement area..
5. No Parking. The Easement area is not intended, and shall not be used, for any extended parking
purposes. Any items, including but not limited to vehicles, trailers, or equipment, if parked or placed within the
Easement area by Grantee shall conclusively be deemed to be contrary to the purpose of the Easement granted
herein, and shall be removed immediately upon request by Grantors. Grantee's use of the Easement area shall
be subject to the same rules and regulations that apply to the use of the Easement area by the Grantors' unit
owners, and their guests..
6. Running of Benefits and Burdens. The Property and Grantee's Property, or any portions
thereof, shall be transferred, held, sold, conveyed, and occupied subject to, and together with, the Easement
granted herein. The Easement, including its benefits and burdens, shall run with the land, is intended to be
binding upon, and shall inure to the benefit of, the heirs, personal representatives, and assigns of Grantors and
Grantee.
7. Term. The Easement set forth herein is intended to be perpetual.
10. Title. Grantors warrant that no other person has an interest in the Property other than Grantors,
and that Grantors have good right, title and interest in and to the real property which is subject to the Easement
granted herein.
11 /21 /07 Page 2 of 3
[signature page follows]
12/26/2007 14; 55 GRRY G FUCHS LAW 9528539510 NO.559 003
IN WITNESS WHEREOF, Grantors have executed this instrument as of the date and year first above
written.
GRANTORS:
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
JANET MARIE DILLINGHA
s Notary PubIIC
Minnesota
My Comm. Expire:
Jon 31, 2011
STATE"OF MINNESOTA
ss.
COUNTY OF DAKOTA
This instrument dratted by:
S. Todd Rapp, P.A.
4686 Slater Road
Pagan, MN 55122
11 /21107
By;
MARIE DILLINGHAM
(e 4, Notary Public
Minnesota
My Comm. Expires
Jan 31, 2011
1
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Greyhawk 1 Homeowners' Association
a Minnesota non profit corporation
Its: k a r ere J da. e"
Greyha.wkiI..Il.omeowners' Association
a Minnesota non profit corporation
1be temhrr
The foregoing instrument was aoknowledged before fine this a�jr day of der, 2007 by
M Q_ rt__ the ___E:cisApard of (3reyhawk I Homeowners' Association, a Minnesota
non profit corporation, on behalf of the corporation.
Not
The foregoing instrument was acknowledged before me this 2C' day of Nevemeter, 2007 by
Cold lolimpet the pttS 1 AA of Greyhawk II Homeowners' Association, a Minnesota
non -profit corporation, on behalf of the corporation..
'y Public