2006-09-07 Declaration of Easements
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DECLARATIQN OF EASEMENTS
THIS EASEMENT is granted this _~_ day of September, 2006, by
ALBERTVILLE PLAZA, LLC, a Minnesota limited liability company ("Declarant").
RECITALS:
A. Declarant is the owner of that certain real estate situated in the City of Albertville,
Wright County, Minnesota and legally described as Albertville Plaza. Second Addition;
B. Albertville Plaza Second Addition consists of Lots 1 and 2, Block 1 ("Albertville
Plaza Second Addition");
C . Albertville Plaza consists of Lots 1, 2, and 3, Block 1 ("Albertville Plaza");
D. Declarant desires to establish a roadway easement over and across the lots of
Albertville Plaza Second Addition, for its mutual benefit and the benefit of Albertville Plaza;
E. Declarant desires to establish an ingress and egress easement far the benefit of the
Roden Property, hereafter defined;
F. Declarant desires to establish drainage easements; and
G. Declarant desires to establish an easement for the benefit of the City of Albertville
for the purpose of maintaining the roadways and utilities pursuant to a Maintenance Agreement
between Declarant and the City of Albertville dated March 2, 2001, as amended by an
Amendment to Maintenance Agreement for Albertville Plaza dated September , 2006
("Maintenance Agreement").
NOW THEREFORE, Declarant grants easements as follows:
C:~RHG~ALBERT1Easement0907061September 7, 2006:RHG:vr
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1. Roadway Easement.
A perpetual, appurtenant easement for the benefit of Albertville Plaza and Albertville
Plaza Second Addition over, under and across those parts of Lots 1 and 2, Block 1,
ALBERTVILLE PLAZA SECOND ADDITION, according to the recorded plat thereof,
Wright County, Minnesota, said easement being a 34.00 foot wide strip of land which lies
southwesterly of the northeasterly 24.00 feet of said Block 1 and which has a center line
described as the common line between said Lots 1 and 2.
The sidelines of said easement are to be prolonged or shortened so as to begin on the
south line of said Block 1.
Together with an easement for ingress and egress purposes over and across said Lot 2,
which lies northwesterly of the northwesterly line of the aforedescribed strip of land,
which lies southwesterly of a line 24.00 feet southwesterly of and parallel with the
northeasterly line of said Block 1 and which lies easterly of a curve concave to the west
having a radius of 10.00 feet. Said curve is tangent tv said parallel line and said
northwesterly line.
2. Ingress and Egress Easement. The "Roden Property" is legally described as:
That part of the North 35.0 acres of the Northeast Quarter of Section 2, Township 120,
Range 24, Wright County, Minnesota described as follows: Commencing at the northeast
corner of said Northeast Quarter of Section 2; thence South 1° 07' 12" West, assumed
bearing, along the east line of the said Northeast Quarter, a distance of 169,00 feet to the
actual point of beginning; thence South 89° 42' OS" West, a distance of 562.92 feet;
thence south 0° 50' 26" West, a distance of 394.00 feet to the south line of the north
35A0 acres of said Northeast quarter; thence North 87° 41' S6" East along the said south
line to the east line of the said Northeast Quarter; thence North 1 ° 07' 12" East along the
said east line to the point of beginning.
A perpetual, appurtenant easement for the benefit of the Roden Property as follows:
An easement for ingress and egress purposes over, under and across those parts of Lots 1
and 2, Block 1, ALBERTVILLE PLAZA SECOND ADDITION, according to the
recorded plat thereof, Wright County, Minnesota, said easement being a 34.00 foot wide
strip of land which lies southwesterly of the northeasterly 24.00 feet of said Block 1 and
which has a center line described as the common line between said Lots 1 and 2.
The sidelines of said easement are to be prolonged or shortened so as to begin on the
south line of said Block 1.
Tagether with an easement for ingress and egress purposes over and across said Lot 2,
which lies northwesterly of the northwesterly line of the aforedescribed strip of land,
which lies southwesterly of a line 24.00 feet southwesterly of and parallel with the
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northeasterly line of said Block 1 and which lies easterly of a curve concave to the west
having a radius of 10.00 feet. Said curve is tangent to said parallel line and said
northwesterly line.
Notwithstanding the foregoing, this ingress and egress easement for the Roden Property is
subject to the terms and conditions of that certain Developer's Planned Unit Development
Agreement dated September , 2006, and may be terminated if the owner of the Roden
Property fails to comply with paragraph 3.B of said Developer's Agreement.
3. Drainage Easements. For the purpose of this paragraph, "Lot 1" refers to Lot 1,
Block 1, Albertville Plaza Second Addition and "Lot 2" refers to Lot 2, Block 1, Albertville
Plaza Second Addition.
A perpetual, appurtenant easement for the benefit of Lot 1 to permit surface water from
Lot 1 to drain onto Lot Z in accordance with the storm sewer system established for Albertville
Plaza Second Addition.
A perpetual, appurtenant easement for the benefit of Lot 2 to permit surface water from
Lot 2 to drain onto Lot 1 in accordance with the storm sewer system established for Albertville
Plaza Second Addition.
4. City of Albertville Easement. An easement to the City of Albertville over and
across Albertville Plaza Second Addition for the purpose of permitting the City of Albertville to
carry out its duties under the Maintenance Agreement. If the Maintenance Agreement is
terminated, the easement rights hereby granted shall terminate on the effective date of the
termination of the Maintenance Agreement except that the City of Albertville shall retain an
easement over, across, and under the real estate described in paragraph 1 above far the purpose
of emergency repairs of the water main and sanitary sewer system in the event that an emergency
repair becomes necessary.
Declarant also grants the City of Albertville an easement for access to the Lot 1 Pond and
the Lot 2 Pond as well as to the 20 foot wide strip between the ponds for the purpose of having
access to that drainage pipe to perform any and all duties under the Maintenance Agreement.
ALBERTVILLE PLAZA, LLC
a Minnesota limited liability company,
By .~~w
eginald A. Plowman
Its Chief Manager
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STATE OF MINNESOTA )
-° )ss.
COUNTY OF S-~ )
The foregoing instrument was acknowledged before me this ~~ day of September,
2006, by Reginald A. Plowman, the Chief Manager of Albertville Plaza, LLC, a Minnesota
limited liability company, on behalf of the limited liability company.
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No blic
°'`~'' DEBBIE JACOBSON
THIS INSTRUMENT WAS DRAFTED $Y: = -~' aoraairPt~uc-M~NNESOra
~'~ My Commiulgf Exgres Jan. 31, 2010
Groth Law Firm, Ltd.
222 South Ninth Street
Suite 2960
Minneapolis, MN SS402-3302
612.215.3303
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