1325 Eagandale Ct - Declaration of Roadway Easement?
DECLARATION OF ROADWAY EASEMENT
THIS DECLARATION is made as of this day. of Nacr.h; 19aSo'
by ALSCOR INVESTORS JOINT VEN2URE, a Minnesota general partnership
consisting of American Linen Supply Co., a Delaware corporation,
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and Opus Corporation, a Minnesota corporation (hereinafter ceferred
to as "Declarant•), with respect to.the following facts and ciicum-
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stances: +: ??ct
A. Declarant is the ownei, 'in fee simple; oP "ceitain r?a1 "'"""'•
property located in Dakota County, Minnesota, legally described as
follows:
Lot 2, Block 1, Eagandale Center Industrial Park
No. 7, according to the recorded plat thereof
(hereinafter referred to as the "Subject Property"), located at
the intersection of Avalon Avenue and Burnside Avenue in the City
of Eagan (hereinafter referred to as the •City').
B. Declarant also is the owner, in fee title, of certain
real property adjoining the Subject Property to the South, being
legally described as follows:
Lot 3, Block 1, Eagandale Center Industrial Park
No. 7, according to the recorded plat the[eof
(hereinafter referred to as the "Benefitted Property').
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C. The City has restricted access from both of the above "
described properties to Burnside Avenue, and so has required' that
Declarant provide access to Avalon Avenue from the Henefitted Prop-
erty across the Subject Property.
D. In order to satisfy this requirement oi the City, Declar-"
ant desires to create a non exclusive easement across the Subject
Property for roadway access purposes only, for the benefit of the
Benefitted Property, upon the terms and conditions hereinafter set
forth.
NOW, !'yEREFORE, Declarant hereby declares that the Subject
Property shall hereafter be held and conveyed subject to a per-
petual non exclusive easement for the appurtenant benefit of the
Benefitted Property, over and across that portion of the Subject
Property legally described on Exhibit A attached hereto and made
a part hereof (hereinafter referred to as the "Easement Area') for
the purpose of providing access to the Benefitted Property from
Avalon Avenue, such easement being created hereby subject to the
following terms and conditions:
1. Term. The term of the easement created herein shall be'''
pe:petual; provided, however, that at such time that alter^atp
access directly to a public road is made available to the Bene-
fitted Property, the then current fee title holder of the Subject
Property (hereinafter referred to as the "Subject Property Owner")
may petition the City for release of the access easement require-
ment described in Paragraph C above, and if the City acts affirma-
tively on such request, the Subject Property Owner may require
that the then current fee title holder of the eenefitted Property
(hereinafter referred to as the 'Benefitted Property Owner") exe-
cute an appropriate instrument terminating this Declaration and
the easement created hereby. In such event, both the Subject Prop-
erty Owner ano the Benefitted PrrnPrty;_Or?n?r .^:'iall. exe:?-,te :?ucF
termination agreement, and upon the recocding of the same, this
Declaration and the easement created hereby sha]1 terminate.
2. Construction of Roadwav. In connection aith the develop-.
ment by Declarant of an office/warebouse facility upon the Subject
Propezty, Declarant ahall pave the Easement Area aith bituminous
pavement. However, LAe maintenance, repair and reconstr uction of
o the a h
expense of both theSubjectproperty Ownerand the Benef t ed Ptope
erty Owner, as more fully provided for in Paragraph 3 below,
3, Maintenance Re air and Reconstruction of Roadwa . The
maintenance, repair and restoration of the bituminous sutface of
the Easement Area, initially constructed by Declarant in accordance
with Paragraph 2 above, shall be the responsibility of the Subject
Property Owner, provided, however, that the Benefitted Property
Owner shall be liable to the Subject Property Owner foc one-half
(112) of the out-of-pocket expenses incurred by the Subject prop-
erty Ownez in satisfying this responsibility. Ail such work shall
be done in a good and workmanlike manner, and any repair and/or
reconstruction of such bituminous surface required as a result
of damage or destruction of the same stiall restore such bituminous
surface to the same condition as existed prior [o such damage or
destruction. In the event that the Subject Property Ownec fails to
petform its responsibilities under this Paragraph, then, upon ten
(10) days prior written notice to the Subject Property,Owner, the
Benefitted Property Owner shall have the right, but not the obliga-
tion, to perform such responsibilities, and imr,iediately upon the
Written demand of the Benefitted Property Owner, the Subject Plop-
erty Owner shall reimburse the Benefitted Property Owner for the
costs incurred in connection wiih such performance by the Bene-
fitted Property owner. If any payment due hereunder is not paid
within ten (10) days of the date of written demand therefor, then
such payment amount shall accrue interest at an annual rate egual
to the lesser of (i) eighteen percent [18ij, or (ii) the highest
tate of interest permitted under the laws of the State of Minne-
sota, from the date of written demand thecefor until such payment,
with interest, is received by the party to whom it is due. In the
event that the Benefitted Property Owner shall perform maintenance,
repair and/or reconstruction work, as permitted under this Para-
graph, it shall not permit any mechanics' liens to attach to the .
Subject Property, and it shall indemnify, defend and hold harmless
the Subject Property Owner and the Subject Property against all
such mechanics' liens caused by such performance by the Benefitted
Property Owner of said work,
9. Bind_ i Egfect. This Declaration shall be binding upon
and inure to the benefit of Declarant and its successors and
assigns. The terms, covenants, conditions and easement set forth
in this Declaration shall run with the Subject Property, and every
interest therein, shall be binding upon all persons, parties and
entities having or acquizing any right, title, interest or estate
in the Subject Property, and are for the benefit of the Benefitted
Property.
5. Estoppel Certificates. The Subject Property Owner ot
the Benefitted Froperty Owner (as the case may bF) shall, upon not
less than ten (10) days prior written notice from the owner of
the other property above described, execute, acknowledge and de-
liver to such other property owner a statement in vriting certify-
ing (if such be the case) that such other property owner has per-
formed all of its obligations under this Declaration as of the
date of such statement, or stating the obligations bereunder which
such other property owner has not perforaied. In the event that
the Subject Froperty Owner or the Benefitted Property Owner (as
the case may, be) sh.-ll zefuse to execute and d=liver any such
statement within five (5) days of its receipt of the same, the
party requesting such scatement shal] have the right, as attorney-
in-fact for the refusing party, to make such a statement, the re-
requestinarty hereby constituting and ircevocab2y appointing the
9 party as attorney-in-fact for the refusing party for
such purpose. Any such statement may be relied upon by any prospec-
tive purchasez, transferee or mortgagee of the Subject Propecty
ot the Beneffited Property (as the case may be).
?
tion are Captions fo g5 . or captions a
venxenedin?. ?ce iiot a P?ea?`?no ,+.
?rsd are V?-" ? ?hi? u??+ara-
not to be considered in interpretingathis D clata?ioharation,
7• Modification
or any covenaaSeme th1orDconditionnherein,?Ymay?pesterminated,
extended, modified, supp2emented or amended at from
any time and
time to time by the Subject Property Owner and the Benefitted Prop-
erty Owner, With the wzitten consent
gagees under first mort of the City and of all mort-
above described 9ages coverin
cation Properties. No such terminat on,aextension n of the
licenseesSUpplement or amendment need be executed b , modifi-
tension of any part of said properties. No such termi ationts exr
. modification, supplement or amendment sha12 be
until a proper written instrument has been executed
recorded effective
County, Minnesota,
in the Office of the Registrar of Titles in ?and1forlDakota
8• Severabilitv,
Declaration b -'- Invalidation of any provision of
W8y affect the otherrp?ovisionsooftthis De lar altl'eon this
, shall not in any
IN WITNESS WHEREOF, Declatant has caused this Declaration
be executed as of the day and year first a6ove written.
to
ALSCOR INVESTORS JOI[:T VENTURE
by
AMERICAN LINEN SUPPLY CO., General
Partnet
By
OPUS CORPORATION, Genral Partner
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Its
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STATE OF MINNESOTA]' n ' t
COUNTY OF NENNEPINJ
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The foregoing was?acknowledged before me this 19th daT Cf
4 MaTCh, 1985, by B.?p. Berry , the Secretary
of American;Linen.Supply Co., a corporation under t?e
laws of Delaware, on behalf of the corporation as a general'pait- .
ner of Alscor Investors Joint Venture, a general partnership under ?
. . _ .?
the laws of the.State of Minnesota.
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?Sl ? npf?ry /NEllc. f/enneylw Counpt 7pf ,
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STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing was acknow2edged before me this X day of
Tiarch, 1985, by -Nark ?Q((Q , the VICL Q(tSIdeKt
of Opus Corporation, a corporation under the laws of
Minnesota, on behalf of the corporation as a general partner of '
Alscor Investors Joint Venture, a general partnership under the
laws of the State of l7innesota.
MARC L KRUGER
N01??Y .. C- MiNMSOTA?,
? HENN:DIN COUNTT
. M? <ommti?ien cadres Od. JI. 1990
This instrument was drafted by:
Marc I•, Kruger
800 Opus Center
9900 Sren Road East
N,ihnetonka, Minnesota 55343
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• ERHIBIT
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Legal Description of Easement Area"
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No.
71 according to the tecorded plat thereof, described as fo loHS '
Commencing at the most easterly corner of said Lot 2; then 'e?
North 50 degrees 14 minutes 00 seconds West, along the nort
easterly line of said Lot 2, a distance of 10 feet to the
point of beginning of the tract of land to be described;
thence continuing along said northeasterly line a distance
of 25 feet; thence South 39 degrees 46 minutes 00 seconds
West, along a line parallel with and 35 feet northwesterly
southeasterly line of said Lot 2, a distance of 500
feet; thence South 50 degrees 14 minutes 00 seconds East
,
along a line parallel with the northeasterly line of said
Lot 2, a distance of 25 feet; thence North 39 degcees 46
minutes DO seconds East, along a line paralle2 with and 10
feet northwesterly of the southeasterly line of said Lot
2, a distance of SDO feet to the point of beginning.
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