Declaration of Temporary Private Access EasementDocument No. A616966
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
CJ Certified Recorded on -September 22, 2015 4:30 PM
Fee: $46.00
VIII IIII II VIII III John E Freemyer
616966 County Recorder
(reserved /or recording data)
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
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THIS DECLARATION is made tht'§ day of SU444VI 2015,
("Declaration") by the STEVENS INVESTMENTS, LLC, a Minnesota limited liability
company (hereinafter referred to as "Declarant").
RECITALS
A. Declarant is the fee owner of certain real property situated in the City of
Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Lot 1, Block 1, BEEHIVE HOME 2ND ADDITION, according to
the recorded plat thereof, Carver County, Minnesota (herein
referred to as "Lot 1");
unt
Lot 2, Block 1, BEEHIVE HOME 2ND ADDITION, according to
the recorded plat thereof, Carver County, Minnesota (herein
referred to as "Lot 2');
B. Declarant desires to establish and secure a nonexclusive, temporary appurtenant
access easement for roadway, access, ingress and egress, and utility purposes for the benefit of
owners of Lot 1 over, under and across the Lot 2, which easement is legally described in Exhibit
A attached hereto and made a part hereof and depicted on Exhibit B attached hereto and made a
part hereof ("Easement Premises") for access to Hazeltine Boulevard, and further desires to set
forth certain covenants, conditions and restrictions regarding the same.
NOW, THEREFORE, Declarant hereby declares as follows:
Return Tq Property Owner. Declarant acknowledges that it is the owner of Lot 1 and Lot 2.
Title Mark
121 West Main • Suite 200
Wa0*nje.,MN SW7
1826890 1
2. Grant of Easement. Declarant grants, declares, imposes upon and burdens Lot 2
with a temporary, nonexclusive easement over, under and across the Easement Premises for
construction, maintenance, repair and replacement of a roadway for access, ingress and egress
purposes and utilities, including but not limited to telephone, electric and cable television
utilities. The Easement Premises is an appurtenant easement and is granted and established for
the benefit of the Declarant and its successors, assigns and the future owners of Lot 1.
3. Use of Easement. All persons entering upon the Easement Premises under this
Declaration shall confine themselves to the purposes contemplated herein, and no trespassing or
other uses shall be permitted. The owners of Lot 1 and Lot 2 further agree not to obstruct,
impede or otherwise interfere with each other or the owners of Lot 1 or Lot 2 in the reasonable
use of the Easement Premises.
4. Acceptance. Each owner of Lot 1 and Lot 2, by accepting a conveyance of Lot 1
or Lot 2, whether or not it shall be expressed in such conveyance, accepts and agrees to all of the
terms and provisions hereof and further agrees to execute any other documents necessary to
effectuate the rights granted in this Agreement.
5. Construction, Maintenance, Repair of Roadway. The owner of Lot 1 shall be
responsible for all costs associated with the construction of a roadway within the Easement
Premises and for all costs for future maintenance and repairs of such roadway during the period
that this Declaration is in effect, unless otherwise amended.
6. Termination. This Declaration and the easement granted under the Declaration
shall cease upon dedication of a public road easement providing Lot 1 with access to Hazeltine
Boulevard, which is expected to occur when Lot 2 is further subdivided into multiple lots.
7. Default. In the event Declarant or an owner of Lot 1 or Lot 2 shall fail to comply
with its obligations imposed upon them under this Declaration, including payment of their share
of costs for maintenance, repair and/or reconstruction of the roadway and utility improvements,
then Declarant or the non -defaulting owner may send written notice to the defaulting owner of
Lot 1 or Lot 2 setting forth the alleged default. If such default be the type which cannot be cured
within such time period, unless the defaulting owner shall have commenced and is exercising the
due diligence to cure the same, then the Declarant or non -defaulting owner may proceed to cure
such default. If the failure of the owners hereto to perform their obligations hereunder cause an
emergency, or a forfeiture of title, then the notice required to be given to such defaulting owner
hereunder may either be dispensed with, or need only be such reasonable notice, if any, as is
warranted by the nature of the specific condition involved and, if appropriate action is not timely
taken by the defaulting owner, the non -defaulting owner shall be entitled to immediately cure
such default without requirement of any further notice. In the event the non -defaulting owner
shall cure the default of the defaulting owner, the defaulting owner shall be obligated to
reimburse the non -defaulting owner for such costs and expenses of maintenance, repairs or
reconstruction, plus interest at the lesser of twelve percent (12%) per annum or the maximum
legal rate on demand, together with attorney's fees and other costs incurred in connection with
collecting the same.
8. Amendment to Easement. This Easement may only be modified or amended, in
whole or in part, with the written consent of all of the then owners of Lot 1 and Lot 2.
1826890 2
9. Binding Effect. This Declaration shall run with the land and inure to the benefit
of and be binding upon the present and all future owners of Lot 1 and Lot 2, their respective
successors and assigns, and all tenants, employees, agents and invitees thereof.
10. Governing Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
11. No Merger. The ownership, at any time during the Term of this Declaration, of
more than one Parcel by the same Owner or by an Owner and an affiliate entity of such Owner,
shall not create a merger of title, estate, or other merger, including any merger of the dominant
and servient estate with respect to easements granted in this Declaration, and shall therefore not
terminate any of the easements, covenants, or other terms or provisions of this Declaration as
they apply to the Parcels, and all such easements, covenants, and other terms and provisions shall
remain in full force and effect during the Term of this Declaration, regardless of any of the
aforesaid common ownerships of any Parcels now or thereafter existing.
IN WITNESS WHEREOF, the undersigned Declarant has caused this Easement to be
executed the day and year first above written.
STATE OF M7wSOTA
)
) ss.
COUNTY Og-1 )
c7�`_ Th`e foregoing instrument was
1�ir d. — 2015, by
of Stevens
company, oh-behalt of said company.
NOvef P09I pj M 31 M
IM�mrn_....iu
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-50000
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182689v3
DECLARANT:
STEVENS INVESTMENTS, LLC
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Its: c %, I
acknowledged before me this 8 day of
the
Investments, LLC, a Minnesota limited liability
Notary Public
EXHIBIT A
TO
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
An easement for access purposes over and across that part of Lot 2, Block 1, BEEHIVE
HOME 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota,
which lies within the circumference of a circle having a radius of 45.00 feet. The center of
said circle being the most easterly corner of said Lot 2.
1826890 4
EXHIBIT B TO
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
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1826890 $
MORTGAGE HOLDER CONSENT
TO
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
First Minnetonka City Bank, a Minnesota banking corporation, which holds two
mortgages on all or part of the property more particularly described in the foregoing Declaration
of Temporary Private Access Easement, which mortgages were: (i) dated November 30, 2012
and recorded December 3, 2012 as Document No. A566837, and (ii) dated February 5, 2013 and
recorded February 20, 2013 as Document No. A571935, with the office of the County Recorder
for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing
Easement.
FIRST MINNETONKA CITY BANK
By: 9WJL�
Its: V " , P" e s. !1
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing insl 7ent wa acknowledged before me this L U day of
2015, yCIS the
1CR n P �41v of First Minnetonka City Bank, a Minnesota banking corporation,
on its behalf.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
1826890 6
Notary Public
(Reserved for recording data)
MORTGAGE HOLDER CONSENT
TO
DECLARATION OF TEMPORARY
PRIVATE ACCESS EASEMENT
U.S. Small Business Administration, an Agency created by an Act of Congress, as
amended, with its principal office in Washington, D.C., and a District Office in the City of Fresno,
California, and whose address is 801 R Street, Suite 101, Fresno, California 93721, which
holds a mortgage on all or part of the property more particularly described in the foregoing
Declaration of Temporary Private Access Easement, which mortgage was originally in favor of
Twin Cities -Metro Certified Development Company dated April 29, 2014 and recorded May 6,
2014 as Document No. A593552, which mortgage was assigned to U.S. Small Business
Administration pursuant to Assignment dated April 29, 2014 and recorded May 6, 2014, as
Document No. A593554 with the office of the County Recorder for Carver County, Minnesota, for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby join in, consent, and is subject to the foregoing Easement.
ADMINISTRATOR OF THE
U.S. SMALL BUSINESS ADMINISTRATIO MLO
a
By:
Its:
183335
STATE OF CALIFORNIA )
) SS:
COUNTY OF FRESNO )
On SEP 18 7015 before me, Monica Sheiyl0111 ms a Notary Public,
personally appeared Raymond A. Kurina , who proved to me on the basis of
satisfactory evidence to be the person(s) w ose name(s)oare subscribed to the within
instrument and acknowledged to me thhe/they executed the same i hi er/their
authorized capacity(ies), and that by Is er/their signature(s) on the instrument, the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
ign`5 ature, Nota Public
MONICA SHE WILLIAMS
A
Commission # 2066873Notar Public - California Fresno County >
�I My Comm. Expires Jan 25, 2018
DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
(651)452-5000
AMP
183335