157040
CORRECTIVE
DECLARATION OF EASEMENT for DRIVEWAY AND ACCESS
AND
AMENDMENT of "ROAD AGREEMENT"
This Declaration of Easement for Driveway and Access and
Amendment of "Road Agreement" is made this 14th day of June, 2006,
by Paul T. Eidsness and Andrea S. Eidsness, formerly known as
Andrea S. Johnson, husband and wife, hereinafter referred to as
Declarants.
This Correcti ve Declaration of Easement for Dri veway and
Access and Amendment to Road Agreement is given to correct the
legal descriptions [Exhibit A and Exhibit B] used in a former
Declaration of Easement for Driveway and Access and Amendment of
"Road Agreement" executed and filed by Declarants, dated February
13, 2006, and recorded in the Office of the Registrar of Titles for
Carver County, Minnesota, on February 15, 2006, as Document No.
157040.
WHEREAS, This Declaration involves certain parcels of real
property located in the City of Chanhassen, County of Carver, State
of Minnesota, as described on attached Exhibit A and attached
Exhibit B; and
WHEREAS, Declarants are the owners of those certain parcels
described on Exhibit A and Exhibit B; and
1
WHEREAS, The easement for driveway and access herein created
and declared will benefit the parcel described on Exhibit Bi and
WHEREAS, The easement for driveway and access herein created
shall be on and over that certain driveway easement area as
described on attached Exhibit Ci and
WHEREAS, That certain Road Agreement, filed as Document
No.T28873 in the office of the Registrar of Titles, Carver County,
Minnesota, is amended as herein providedi
NOW, THEREFORE, in consideration of the foregoing premises,
and in consideration of the mutual promises and covenants herein
set forth, and for other good and valuable consideration, the
receipt and sUfficiency of which is hereby acknowledged, the
following "Corrective Declaration of Easement for Driveway and
Access and Amendment of 'Road Agreement'" is hereby duly made,
executed, and delivered by Declarants.
1. Easement for Access to Road.
There shall be an Easement for Driveway and Access (both
ingress and egress, and both pedestrian and vehicular) from the
parcel described on Exhibit B to the pUblic roadway now known as
Carver Beach Road, over and across the Driveway Easement Area, as
described in attached Exhibit C.
2. Driveway Easement Area.
The Driveway Easement Area is legally described on attached
Exhibit c.
3. Benefited Parties.
The aforesaid Easement for Driveway and Access shall be for
the use and benefit of the owners of the parcel described in
Exhibit B attached hereto, and the mortgagees, successors, heirs,
and assigns of said owners.
4. Duration and Termination.
Said Easement for Driveway and Access herein created shall
continue until either:
[1] the date of completed installation of a paved public roadway
over the permanent easement parcel as described in that certain
document entitled "Grant of Temporary and Permanent Easements"
dated the 13th day of February, 2006, and executed and delivered
by Paul T. Eidsness and Andrea S. Eidsness, formerly known as
Andrea S. Johnson, husband and wife, as Grantors, in favor of the
2
city of Chanhassen, a municipal corporation under the laws of the
state of Minnesota, and duly filed in the Office of the Registrar
of Titles, Carver county, Minnesota on the 15th day of February,
2006, as Document No. T 157035; as corrected by "Corrective Grant
of Temporary and Permanent Easements" dated the day of
June, 2006, and executed and delivered by Paul T. Eidsness and
Andrea s. Eidsness, formerly known as Andrea s. Johnson, husband
and wife, as Grantors, in favor of the City of Chanhassen, a
municipal corporation under the laws of the state of Minnesota, and
duly filed in the Office of the Registrar of Titles, Carver county,
Minnesota on the day of June, 2006, as Document No.
.
,
OR
[2] the date of acquisition of direct access to a public roadway
abutting a part of the real property described on Exhibit Bi
whichever shall first occur. Upon such event occurring, the
Easement for Driveway and Access granted herein shall terminate and
all rights of driveway and access hereunder shall cease.
Said termination may be evidenced by the filing with the
Office of the Registrar of Titles, Carver county, Minnesota of an
Affidavit specifying such event causing termination and the fact
of its occurrence.
5. Appurtenant Easement.
The Easement for Driveway and Access herein created and
declared shall be appurtenant to the dominant estate until
terminated as herein provided.
6. Easement Not Exclusive.
The Easement for Driveway and Access herein created and
declared shall not be exclusive, and shall not preclude other uses
of the Driveway Easement Area, and shall not preclude other parties
from the use of the Driveway Easement Area.
7. BINDING EFFECT.
This Declaration of Easement for Driveway and Access and
Amendment of "Road Agreement" shall be binding upon and shall inure
to the benefit of the owners of the respective parcels and their
respective successors and assigns.
8. MAINTENANCE.
The owners of the real estate described on Exhibit B attached
hereto shall be responsible for maintenance, repair, and
reconstruction of the Driveway Easement Area, and for the costs and
3
expenses thereof, and shall save and hold harmless the owners of
the real estate described on Exhibit A from any cost, liability,
judgment, or expense, inlcuding attorneys fees and court costs,
arising from any maintenance, repair, or reconstruction.
9. Insurance.
The owners of the real estate described on Exhibit B attached
hereto, shall maintain commercially reasonable liability insurance,
for any pUblic liability exposure arising from the use of the
Driveway Easement Area.
The owners of the real estate described on Exhibit B attached
hereto, shall maintain commercially reasonable liability insurance,
for any public liability exposure arising from the use of the Road
as described in the aforesaid "Road Agreement" [Document No.
T28773].
The owners of the real estate described in Exhibit A shall be
named as additional insureds on said policy or policies of
insurance.
10. Amendment.
This Instrument may be amended only by a written agreement
duly executed and delivered by the owners, and other parties in
interest, if any, of each of the parcels herein described.
11. Non-Merger.
Declarants intend that, notwithstanding the common ownership
of one or more parcels by the same person or persons or entity,
there shall be no merger of the fee and the servitude so as to
cause the elimination of the Easement for Driveway and Access
herein created and declared.
12. Termination of Easement Rights under "Road Agreement".
On the date of the termination of the Easement for Driveway
and Access created herein, which termination is provided in section
4 of this Declaration, all right of user and interest held by
owners, and those claiming under said owners, of the parcel of real
property described in Exhibit B attached hereto, in and to the
easement created in, and under that certain Document entitled "Road
Agreement", filed as Document No. T28773 in the Office of the
Registrar of Titles, Carver County, Minnesota, and the real estate
described in said Document No. T28773, shall cease and terminate,
without any action of any kind by any person.
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Said termination may be evidenced by the filing with the
Registrar of Titles, Carver county, Minnesota of an Affidavit
specifying such event causing termination and the fact of its
occurrence.
IN WITNESS WHEREOF, the Declarants have duly executed
delivered this Declaration of Easement for Driveway and Access
Amendment of Road Agreement. C~ ~
Paul T. Eidsness
-~
Andrea S. idness, formerly
known as Andrea S. Johnson
and
and
"
STATE OF MINNESOTA)
HVlNSP/,J) ss.
COUNTY OF eAR~ER )
The foregoing instrument was acknowledged before me this
/ Lf 'fh
day of
JtLne-
, 2006,
by Paul T. Eidsness and Andrea S. Eidness, formerly known as Andrea
S. Johnson, Husband and Wife, Declarants.
dk~7Jl~~J~AlJl--
NotarYt Public
THIS INSTRUMENT WAS DRAFTED BY:
.A.~"'V;,-'V-V."J>>Jt1J ;J>>N."J^V'-;J..~Vt.
18. SHELLY MARIE JACKSON I
NOTARY PUBUC..AINNESOTA
.. My CommIulon EIpIrts.lan. 3l.Z010
.1fLjJVYf_"N.$_'t!'~-~~~-~1Jtj~ .
RICE LAW FIRM, CHARTERED
525 West 78th Street
P.O. Box 1180
Chanhassen, Minnesota 55317-1180.
5
Eidsness Property
Easterly [Lakeshore] Parcel
That part of Government Lot 6, Section 12, Township 116, Range 23,
Carver County, Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518
feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from
the point formed by the intersection of the center lines of Fern Road and
Lakeview Drive, as designated and delineated on the Map of Carver
Beach, at Long Lake, according to the plat thereof, on file and of record
in the office of the Registrar of Titles in and for said County and State of
Minnesota; and running from thence South 89 degrees 31 minutes 29
seconds East 950 feet plus or minus in and along the division line
between Section 1 and 12 of Carver County to the high water mark of
Long Lake; thence in a Southeasterly direction along the high water mark
of Long Lake 115 feet plus or minus to a point 100 feet at right angles to
the first course when said course is projected Easterly; thence Northerly
89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the
center line of Lakeview Drive; thence North 22 degrees 21 minutes 40
seconds West, 108.505 feet to the point of beginning, being a part of
Government Lot No.6, Section 12, Township 116, Range 23, same being
registered land as evidenced by Certificate of title No. 1726, Carver
County, State of Minnesota.
That lies Easterly of a line, described as follows:
Commencing at a point in the center line of Lakeview Drive, distant
243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds
East, from the point formed by the intersection of the center lines of Fern
Road and Lakeview Drive, as designated and delineated on the Map of
Carver Beach, at Long Lake, according to the plat thereof, on file and of
record in the office of the Registrar of Titles in and for said County and
State of Minnesota; and running from thence South 89 degrees 31
minutes 29 seconds East along the North line of said Section 12, a
distance of 530.06 feet to the point of beginning of said line to be
described; thence South 03 degrees 01 minutes 32 seconds East to a
point 100.25 feet at right angles from the South Line of said Section 1,
and said line there terminating.
Exhibit A
Hp2741.06.12.06.LegDxnElyEZmt
Eidsness Property
Westerly [Carver Beach Road] Parcel
That part of Govemment Lot 6, Section 12, Township 116, Range 23,
Carver County, Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518
feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from
the point formed by the intersection of the center lines of Fem Road and
Lakeview Drive, as designated and delineated on the Map of Carver
Beach, at Long Lake, according to the plat thereof, on file and of record
in the office of the Registrar of Titles in and for said County and State of
Minnesota; and running from thence South 89 degrees 31 minutes 29
seconds East 950 feet plus or minus in and along the division line
between Section 1 and 12 of Carver County to the high water mark of
Long Lake; thence in a Southeasterly direction along the high water mark
of Long Lake 115 feet plus or minus to a point 100 feet at right angles to
the first course when said course is projected Easterly; thence Northerly
89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the
center line of Lakeview Drive; thence North 22 degrees 21 minutes 40
seconds West, 108.505 feet to the point of beginning, being a part of
Govemment Lot No.6, Section 12, Township 116, Range 23, same being
registered land as evidenced by Certificate of title No. 1726, Carver
County, State of Minnesota.
That lies Westerly of a line, described as follows:
Commencing at a point in the center line of Lakeview Drive, distant
243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds
East, from the point formed by the intersection of the center lines of Fem
Road and Lakeview Drive, as designated and delineated on the Map of
Carver Beach, at Long Lake, according to the plat thereof, on file and of
record in the office of the Registrar of Titles in and for said County and
State of Minnesota; and running from thence South 89 degrees 31
minutes 29 seconds East along the North line of said Section 12, a
distance of 530.06 feet to the point of beginning of said line to be
described; thence South 03 degrees 01 minutes 32 seconds East to a
point 100.25 feet at right angles from the South Line of said Section 1,
and said line there terminating.
Exhibit B
Hp2741.06.12.06.LegDxnWlyEZmt
DRIVEWAY EASEMENT AREA
The North 6.00 feet of Government Lot 6, section 12, Township
116, Range 23, Carver County, Minnesota, lying Easterly of Line A
and Westerly of Line B.
Line A described as follows:
Commencing at the intersection of the North line of said Govermnent
Lot 6 and the centerline of Lakeview Drive as shown on the plat of
CARVER BEACH; thence Easterly along said North line, a distance of
500.00 feet to the point of beginning of said Line A; thence
southerly, deflecting to the right 90 degrees 00 minutes 00
seconds, a distance of 6.00 feet and said line there terminating.
Line B described as follows:
commencing at a point in the centerline of Lakeview Drive, distant
243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds
East, from the point formed by the intersection of the center lines
of Fern Road and Lakeview Drive, as designated and delineated on
the Map of Carver Beach, at Long Lake, according to the plat
thereof, on file and of record in the office of the Registrar of
Titles in and for said county and state of Minnesota; and running
from thence South 89 degrees 31 minutes 29 seconds East along the
North line of said section 12, a distance of 530.06 feet to the
point of beginning of said line to be described; thence South 03
degrees 01 minute 32 seconds East to a point 100.00 feeet at right
angles from the North line of said Section 12 and said line there
terminating.
Exhibit c