Recorded Grant of Permanent D and U Easement 1010 Pleasant View Rd 24-05001Document Number: T229991
Torrens Certificate: Listed Below
Filed and/or Recorded on
lul 12, 2024 10:46 Al"l
Offlce of the County Recorder/Registrar of Titles
Carver County, I4innesota
Kaaren Lewis, Registrar of Titles
Deputy TH/DL
Document Recording Fees
Addl Torrens Cert Fee
Document Total $ 66.00
Requesting Party: CAMPBELL KNUTSON PA
Paqes: 7
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
$ 46.00
$ 20.00
Current Torrens Certificates:
44244.0 44245.0
THIS FIRST AMENDMENT TO DECLARATION OF EASEMENT
("Amendment") is made ellective this /fday of A,tr: I . 2024 ("Effective
Date"), by Steven M. Beddor and t-uil j. O*"i{irri.a t" .u.n uher (collectively.
FIRST AMENDMENT TO
DECLARATION OF EASEMENT
"Declarant")
RECITALS
A. Declarant recorded a certain Declaration of Easement dated August l, 2023. which was
filed with the Carver County Registrar of Titles on September 22,2023, as Document No.
T228061 ("Original Declaration"), which Original Declaration affected real property
legally described as:
That part oflot 1, Block I , Beddor Addition, according to the recorded plat
thereof, Carver County, Minnesota, lying northerly of the Southerly 30 feet
thereof ("Parcel l")
and
All of Lot 2 and the South 30 feet of Lot 1. Block 1, Beddor Addition,
according to the recorded plat thereof, Carver County. Minnesota ("Parcel
2").
B. Following an administrative lot line change involving Parcel 1 and Parcel 2, Declarant is
now the fee owner of certain real property located in Carver County, Minnesota, which is
legally described as follows:
That part ol Lot l, Block l, BEDDOR ADDITION. Carver County,
Minnesota lying noftherly of the following described Iine:
Commencing at the southeast corner ofsaid Lot 1; thence North 32 degrees
50 minutes 39 seconds East, assumed bearing, along the east line of said
Lot 1 a distance of 35.93 feet to the point of beginning of the line to be
described; thence North 85 degrees 0l minutes 28 seconds West 140.26 feet
to the west line of said Lot I and said line there terminating.
I
("Parcel A")
and
All of Lot 2, and that part of Lot l, Block I , BEDDOR ADDITION, Carver
County, Minnesota [ying southerly of the following described line:
Commencing at the southeast corner olsaid Lot l; thence North 32 degrees
50 minutes 39 seconds East. assumed bearing, along the east line ol said
Lot I a distance of 35.93 feet to the point of beginning of the line to be
described; thence North 85 degrees 0l minutes 28 seconds West 140.26 feet
to the west line of said Lot I and said line there terminating.
("Parcel B").
C. Parcel A and Parcel B are collectively referred to herein as the "Properties"
D. The Original Declaration provided easements lbr vehicular and pedestrian ingress and
egress. and ior public utilities. over portions of Parcel 2, as more definitively described in
the Declaration (the "Original Easement").
E. The Declarant desires to amend the Original Declaration to correct the location of the
Original Easement lbllowing the administrative lot line change.
F. The Declarant has rights to amend the Original Declaration, as well as to make other
modifications as provided lor herein.
NOW THEREFORE, in consideration of the premises. the Parties hereto, hereby
mutually agree as follows:
l. Recitals/Capitalized Terms. The Recitals set fbrth above shall be
considered a substantive part of this Amendment. Any capitatized term used in this
Amendment and not otherwise defined shall be given the definition given to it in the Original
Declaration. From and after the Effective Date, any reference to the "Declaration" shall mean
and refer to the Original Declaration, as amended by this Amendment.
ss Easement The Original Easement reserved in Section 2 of
the Original Declaration shall be deleted in its entirety and replaced with the following:
"2. Utility and Access Easement. Declarant hereby grants unto owner ofParcel A,
its successors, assigns, grantees and invitees a perpetual non-exclusive easement
and passage in, to, across, upon and under fbr (a) vehicular and pedestrian ingress
and egress and (b) public utilities, including water, over those portions of Parcel B
legally described as ibllows (the "Amended Easement"):
That pafi of Lot l, Block l, BEDDOR ADDITION, Carver County. Minnesota
which lies northwesterly ofthe following described line:
2
2. Utilitv and A
Commencing at the southwest comer of said Lot 1: thence North 28 degrees 08
minutes l9 seconds East. assumed bearing, along the westerly line of said Lot I a
distance of50.l6 t'eet; thence South 85 degrees 0l minutes 28 seconds East 43.60
feet to the point of beginning of said line; thence southwesterly to the southwest
comer olsaid Lot I and there tenninating."
Easement lbr Drainage & Utility purposes over. under. and across that part ofLot l,
Block l. BEDDOR ADDITION. Carver County. Minnesota being a l0 tbot wide strip
ofland lying 5 f-eet on each side ofand adjacent to a line described as follows:
Commencing at the southeast corner ofsaid Lot 1l thence North 32 degrees 50 minutes
39 seconds East, assumed bearing, along the east line ofsaid Lot I a distance of 35.93
t'eet to the point of beginning of the line to be described; thence North 85 degrees 0l
minutes 28 seconds West 140.26 f'eet to the wesr line of said Lot I and said line there
terminating. Except the Northwesterly 5 feet and the Southeasterly 5 t'eet ol said Lot
1.
4. Release and Vacation of Existing Easements. Declarant hereby vacates and
releases any easement rights Declarant may have under the Original Declaration for the
Original Easement, except as may exist in the newly prescribed Amended Easement and
Drainage and Utility Easement as provided for in Section 2 and 3 ol this Amendment.
Furthermore, Declarant hereby vacates and releases any easement rights Declarant may have
for Drainage and Utility purposes in the following legally described area, except as may exisr
in the newly prescribed Amended Easement and Drainage and Utility Easement as provided
for in Section 2 and 3 of this Amendment:
Easement for Drainage & Utility purposes over. under. and across that part
of Lot I , Block I, BEDDOR ADDITION, Carver County, Minnesota being
a 10 foot wide strip ol land lying 5 feet on each side of and adjacent to a
line drawn parallel to and 30 feet North ol the South tine of said Lot l.
except the Westerly 5 feet and Easterly 5 leet of said Lot l.
5. Exhibit. Any and all exhibits attached to the Original Declaration shall be
replaced with Exhibit A-l attached hereto. which contains the correct legal descriptions ofthe
Properties, the Amended Easement and the Drainage and Utility Easement.
6. Owner References. An y and all references to the "owners of Parcel l " in the
Originat Declaration shall mean and relbr to the owner ofParcel A, and any and a[[ ref'erences
to the "owners of Parcel 2" in the Original Declaration shall mean and ref'er to the owner of
Parcel B.
7. Survival ol Other Terms and Conditions
-)
Except as moditled herein, all othcr
3. Drainage and Utility Easement. Declarant hereby creates and establishes a
perpetual easement for drainage and utility purposes over, under and across all that part of
Parcel A legally described as tbllows (the "Drainage and Utility Easement"):
terms and conditions of the Original Declaration shall remain in tull lbrce and effect.
IN WITNESS WHEREOF. the parties hereto have caused this Amendmenr ro become
effective as ol the day and year first set forth above, subject to all of the terms and
conditions set forth herein.
lsignut ure pugcs to./iilrnrl
4
I)ECI,ARANT:
Steven M. Beddor
Gail J. Dorn
STATE OF MINNESOTA
SS
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THIS INSTRUMENT WAS DRAFTED BY:
BARNA, GUZY & STEFFEN. LTD.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433
(763) 780-8s00 (ECo)
4301029.1
'lhe foregoing instrument was acknowledged before me this lsf aay of
,2024,by Steven M. Beddor and Cail J. Dom, married to each other.
Notarv Public
5
Omllr 2027
L}8A M BREEGGEMAI{N
Notrry Publlc
Mlnn6oc'ta
COUNTY OF
Exhibit A-l
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