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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, f•.. and Opus Corporation, a Minnesota corporation (hereinafter ceferred to as "Declarant•), with respect to.the following facts and ciicum- uF 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'). : .ri 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 •'.? By ..? ? Its . _I ' ?'' ?: 4"? ] ? ' . ..1. . . • ?• l" ? n i: • ? . ' . ^ ?.?• ? ? , STATE OF MINNESOTA]' n ' t COUNTY OF NENNEPINJ ; r :'. .»°•.rf?'? 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. ? •;?,... ": % . J ? ' -... ? C I?YE?2 {4Y11tO?J J' . ?Sl ? npf?ry /NEllc. f/enneylw Counpt 7pf , ? , j 1y Caw?nLt+bn Gplru. Arp. t f' 19BB . ? : ;? .. '-:i..?,,?..: • 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 1 1 -4- . . I ? ? e w • ERHIBIT " , . ? , B ? • •.? . • Legal Description of Easement Area" tU4 ? • .111l, Lhaf . pp.f . ,..cr L,,-•.,. y. -i`rlu?ua[lia ?t1 ` ' 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. r t •:i:t1 . ,. ? ?..? t?e i ... F... , - r l! R() Cl Z