Private Driveway Easement - Recorded 4-14-04 . i
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Uocurnent No OFFICE OF THE
-7 T 145485 REGISTRAR OF TITLES
(t 111111 I CARVER COUNTY,MINNESOTA
111 ill
Ceck# Fee. 5 20 00 Cert # 26350 Vol 00 Page 00
Certified and filed on 04.14-2004 at 0200 ❑AM , 4/
2304-04-14
11 1 It II 111 CW. ,
RegisarltrarHansonof TitlesJr
PRIVATE DRIVEWAY EASEMENT
THIS AGREEMENT is made effective April', 2004, between James M. Pelton and
Cindy M. Pelton (collectively referred to herein as "Pelton"), and Richard II. Comer and
Dorothy M. Comer,husband and wife(collectively referred to herein as"Corners").
ra'Stewart Title of Minnesota
RECITALS 0300 Shingle Creek Parkway:?195
0rookl ' Center. MN 55430
/ iz1& / 11
WHEREAS,Peltons are the owner of real property located in Carver County, Minnesota,
legally described as follows:
Lot 6 and the westerly 40 feet of Lot 20, Block 2, RED CEDAR POINT ("Peltons'
Property").
WHEREAS,Corners are the owner of real property located in Carver County, Minnesota,
adjacent to the Peltons'Property,legally described as follows:
Lot 2, Block 1, RED CEDAR POINT("Corners' Property").
WHEREAS, Peltons and Corners have agreed upon the easements and maintenance
agreement hereinafter described.
NOW,THEREFORE,Peltons and Corners,in consideration of One Dollar$1.00 and other
good and valuable consideration,the receipt of which is hereby acknowledged,agree as follows:
1. Peltons Grant to Corners. Peltons hereby grant to Corners,their heirs,successors
and assigns.a non-exclusive appurtenant easement for driveway purposes,including,
hut not limited to,ingress and egress for vehicular and pedestrian traffic,in,over and
upon that part of the Peltons' Property more particularly described on Exhibit A
attached hereto (the "Easement Area"), subject to reservations, easements and
restrictions of record.
CITY OF CHANHASSEN
RECEIVED
JAN 0 4 2019
CHANHASSEN PLANNING DEPT
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2. Repair and MMtaintenanee. "the obligation and cost of repair and maintenance of
the driveway located within the Easement Arca shall he shared equally by Peltons
and Comers; provided that,any such single expense in excess of One Hundred
and no/100 Dollars($100.00)must be expressly agreed upon in advance by
Peltons and Corners. Failure of any party to promptly pay for its share of any
expense incurred in accordance with this Agreement shall result in such share
becoming a lien on said party's property, and the party who has paid for such
expense shall be entitled to file a notice of said lien and to enforce the same in any
court of competent jurisdiction in the same manner as enforcing a mechanic's
lien.
3. Runs with the Land. The benefits and burdens of this Agreement shall run with the
Peltons' Property and the Corners' Property, and shall be binding upon the heirs,
executors,administrators and assigns of Peltons and Corners.
IN WITNESS WHEREOF,Peltons and Corners have hereunto set their hands the day and
year first above written.
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M.-Pelton Ric rid H. Confer
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Cindy Pelton Dorothy M.Comer
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
The foregoing instrument was acknowledged before me this 22n ay of Jl frc,G. ,2004,
by James M.Pelton and Cindy M. Pelton,husband and wife.
ft
Notary P •.
- �+o,, ERIC L.BALICE
f ...i Notary PubtiC-Arizona
_ Mancopa County
My Commission Expires
=% August 13.2006
OWNERSHIP AND ENCUMBRANCES REPORT
Torrens Property
Legal Description:
Lot 6 and the Wes:e"ly 40.00 feet of Lot 20. Block 2."Red Cede'Point Lake Minnewashta"
according to the recorded plat thereof.
Quality Abstract,Inc.does hereby certify that as of the 18th day of June,2018,at 8:00
A.M..the records in the office of the Registrar of Titles in and for Carver County,
Minnesota,disclose the following____
I. The grantee in the last recorded conoeyance to the above captioned property by Warranty -)
Deed recorded on April 14.2004 as Document No. 145486, and as evidenced by attached
---Certificate o`Titlel�t 188.0 is the follcwng:
Patrick R.Gorman. G/ J Yie{
II.The above captioned property is subject to the following conveyances ane encumbrances. J
James M.Pclton,an unmarried man Mortgage
to Dated. September 3, 1999
Countrywide Home Loars of Minnesota. Filed: December 7, 1999
Inc. Document No. 1'1841
Amount. $1',980.00
Contains Power of Sale
Patrick R.Gorman,a single person Mortgage
to Dated. September 10.2012
Wells Fargo Bank,N A,a United States of Filed• November 6,2012
America national association Document No. 185901
Amount: $129 000.00
Uue: October 1,2042
Contains Power of Sale.
Quality Abstract,Inc.further certifies that according to the general tax records of Carver
County,there are no unpaid real estate taxes and no tax sates which appear unredeemed,
unmerged or r.ncancelled against the above captioned property except as follows:
Taxes for 2017 and prior years are paid.
Taxes for 2016 in the amount of$2,554.00 are half paid.
Base Tax Amount: $2,050.90
Estimated Market Value. $169,900.00
Taxpayer: Patrick R. Gorman as Non-Homestead.
PIN 25-6600190
Address 3737 Hickory Road,Excelsior
NOTE: No certificate is made as to any taxes or assessments ceferred ender Minnesota
Statutes, Section 273.111 (commonly known as Green Acres).
Page 1 of 2 page Report
01806138
QUALITY ABSTRACT,INC.does hereby certify that within 11 years preceding the date of this
Ownership and Encumbrance report there are no unreleased Federal Internal Revenue Tax
Liens or that within 10 years no unreleased State Tax Liens or bankruptcy proceedings or
within 20 years no unsatisfied Abstract of Judgments(Federal Court Judgment Liens in favor
of the United States)on record in the office of the County Recorder.Carver County,Minnesota
and there are no unsatisfied Judgments docketed in District Court,First Judicial District.
Carver County.Minnesota against any of the following:
Name Ig
Patrick R.Gorman June 18,2018
NOTE:No search has been made as to persons whose middie initial Is other than as staled
above.
Dated this 27th day of June,2018 at 8:00 A.M.
QUALITY ABSTRACT,INC.,a Minnesota Licensed Abstracting Company
This repon only cites matters appearing in the public records and is not to be construed as an Opinion of
Title nor is it a substitute for an Abstract of Tide or a Registered Property Abstract. This report does not
include a search for levied or pending assessments. Easements,restrictions,declarations,and covenants
are not shown. The liability of the Company in making this report shall be limited to the cost of this
report.
Page 2 of 2 page Report
Qtsoet3e
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STATE OF MINNESOl'A )
ss
COUNTY OF
r
The foregoing instrument was acknowledged before me thisa=t day of /y1P.rc ,2004,
by Richard H.Comer and Dorothy M.Corner,husband and wife.
Notary Public
E". + s 141.2001
1111VVVYYVVVSAWAAAANYVIWANWANVII
DRAFTED BY:
Meagher&Geer,P.L.L,.P.(KJY)
4200 Multifoods Tower
30 South Sixth Street
Minneapolis, Minnesota 55402
Phone: (612)338-0661
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Phone:(612)338-0661
EXHIBIT A TO PRIVATE EASEMENT AGREEMENT
That part of vacated Kirkham Road which lies south of the westerly extension of the North line of
Lot 6,and north of the westerly extension of the South line of Lot 20,all in Block 2,RED CEDAR
POINT.
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