1998-11-17 Cross Easement Agreement
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Attorneys At Law
A Professio~ Associ:&tion
800 Norwest Center
SS East Fifth Street
Saint Paul, Minnesota 55101
Telephone (651) 227-9505
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100 South Filth Street
Suite 1200
Minneapolis, Minnesota 55402
Telephone (612) 332-1030
TelCcopier (612) 332-2140
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COMMENTS:
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CROSS EASEMENT AGREEMENT
THIS AGREEMENT made and executed as of the _ day of , 1998, by
and between PILOT LAND DEVELOPMENT COMPANY, a Minnesota corporation (hereinafter
"Pilot") and a corporation (hereinafter
"
").
WITNESSETH:
WHEREAS, Pilot is the record owner of the certain real property located in Wright County,
Minnesota, legally described as Lots , Block _, Parkside Commercial Center (said lots
being referred to hereinafter as II ", respectively or "Pilot Lots"
collectively); and
WHEREAS,
1S the record owner of that certain real property located in Wright
COWlty. Minnesota, legally described as LOls , Bluck_, Parkside Commercial Cenler (said
lot being referred to herein as "Lot "); and
WHEREAS, all of the Pilot Lots, and Lot _ shall be collectively referred to herein as the
"Subject Lots" and each a "Loti'; and
WHEREAS, !here is or may be constructed on the Subject Lots certain buildings, driveways,
parking facilities, and other improvements; and
WHEREAS, it is desirable to provide certain easements to permit the common and reciprocal
use of the driveways and parking facilities constructed on the Subject Lots and to provide easements
for the placement and maintenance of utility lines and utility connections benefitting and serving
each of the Subject Lots;
NOW, THEREFORE, the Subject Lots each shall be subject to and shall have the benefit
of the rights and easements as hereinafter set fonh:
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1. Easements to Run with the Land.
1.1 The rights and easements herein contained shall attach to, bind and run with
the land, and shall inure to the benefit of and be binding upon the undersigned and
subsequent owners and transfe.rees of each of the Subject Lots and their respective heirs,
representatives, successors and assigns, and as they may provide, their agents, servants,
tenants, licensees, and invitees, but nothing herein contained shall be deemed to create any
easement rights in the public, or in any tenant or licensee, or for the benefit of any property
other than the Subject Lots.
2. DefInitions.
2.1 As used in this Agreement, the terms "driveways and parking areas" shall
mean all parts of the Subject Lots which are improved from time to time by the Owner of
the respectiv~ Subject Lots as driveways, curbs, sidewalks, walkways, guard rails, or other
parking structures. parking bumper stops or other exterior hard-surfaced areas intended for
vehicular or pedestrian traffic; excluded however, such areas adjacent to loading docks,
entrance ramps or service areas of any building constructed on said Subject Lots ~ich is
necessary to the reasonable utilization of said service areas, docks or entrance ramps.
2.2 "Owner" or "Owners" as used herein shall be deemed to mean the initial
signatories to this Agreement and thereafter their successors and assigns which successors
and assigns shall be conclusively determined as being the record fee simple owner as listed
in the Wright County Recorder's Office of any of the Subject Lots, as the case may be,
except and unless there is of record a contract for deed or installment land sales contract
llContraet");"or a llLand Lease" (as defined below). In the event of such a Contract or Land
Lease and so long as said Contract or Land Lease remains in full force and effect of record,
then "Owner" shall be deemed to be the vendee under said Contract or the lessee under said
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Land Lease, as the case may be, in lieu of said fee simple owner (except for purposes of
amending or modifying this Agreement, in which case both the fee simple owner and the
vendee or lessee shall bee deemed the "Owner").
2.2.1 "Land Lease" shall mean only leases which cover all of one or more
of the Pilot Lots and/or Lot _ (or if subdivided, all of any such subdivided lot or
parcel); having an initial term of not less than 45 years; and permitting the leascc to
construct buildings and/or other improvements upon the leased property.
2.2.2 In the event any of the Subject Lots has as its Owner more than one
person and/or entity, then for all purposes of this Agreement, said joint or common
owners shall act as and be deemed to be one.
2.3 For purposes of this Agreement, the term "Work" shall mean construction,
installation, maintenance, repair, cleaning, replacement, alteration, modification, demolition,
reconstruction or reinstallation of an Improvement. The term "Impro~ement" shall mean
parking lots, other parking structure, driveways, curbs, guard rails, walkways, sidewalks,
parking bumper stops, landscaping, irrigation systems and stonn sewer catch basins (and
related storm sewer lines), water lines, irrigation lines, sanitary sewer lines, electrical lines,
"
gas lines, telephone lines, and all other utility lines and any valves, switches, manholes or
other accessory devices appurtenant and/or accessory to such utility lines (all such
Improvements relating to utilities shall be referred to as "Utilities") located within or under
driveways, parking areas, parking structures, and landscaping, as and when actually
constructed, but not under any building.
2.4 For purposes hereof, in the event any of the Subject Lots are subdivided and
platted into two or more lots, then the references to said Pilot Lots and Lot ~ shall include
all of said subdivided lots unless the context indicates otherwise or unless the particular
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easement area in question affects only one such subdivided lot.
3. Easement ~t.
3.1 Each Lot within the Subject Lots shall have and is hereby granted a perpetual
right and easement for the non-exclusive use of all driveways and parking areas upon all the
other Subject Lots. Said easements shall also include the right of ingress and egress of
pcdcstrians and vehicles across the driveways and parking arcas to and from public ways
contiguous to the Subject Lots, known as 57th Street and County Road 19, including all
driveways and parking areas located in part upon anyone Lot and ill part upon any other
Lot.
3.1.1 The use of said easements with respect to vehicles shall be subject to
reasonable regulations from time to time adopted by all of the Owners of the Subject
Lots fOr the control of traffic, safety, loading and unloading of trucks and vans; and
maintenance and repair of the driveways and parking area~ (including the temporary
closure thereof when necessary for such purpose).
3.1 Each Lot within the Subject Lots shall have and is heTeby granted a perpetual
non-exclusive easement for installation, access to and use of Utilities now or hereafter
situated within driveways and parking areas and/or landscaped areas, and/or other areas not
improved with "Structures" (as defined below), including the right to have storm water flow
across driveways and parking areas into catch basins and out of the storm sewer lines to
which said catch basins are connected. Said easements shall include the right to install
Utilities below the surface, but not above the surface (except for catch basins, manholes. light
poles and other accessory Utility Improvements which necessarily must be at the surface).
The easements granted by this paragraph regarding storm water are specifically
preconditioned upon the City of Albertville ("City") reviewing and approving a storm water
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drainage plan, which shows the storm water drainage and run-off across the proposed
easement areas and through the existing and proposed storm water utility lines. The
construction or installation of any Improvements to be constructed pursuant to the easements
of this paragraph must be in compliance with any requirements of the City. The easements
provided by this paragraph shall not be permitted to interfere with the reasonable use or
development of and construction of buildings, enclosed pedestrian walkways ("Links") and/or
parking ramps (collectively "Structures") which are existing from time to time upon each
Lot subject to the easement. It is contemplated that such easements shall be as least
restrictive as reasonably practical and will not interfere with any existing or planned future
Structures on the Subject Lots. Not less than thirty (30) days prior to the initial installation
of any Utility Improvement or other Improvement which is not a S1n1cture, the Owner of the
Lot upon which said Improvement is contemplated shall be notified and provided with site
plans showing the location of all Utilities, both existing and proposed, as well as all existing
and proposed Structures and other Improvements upon all Subject Lots for which Utilities
or other non-Structure I mprovcmcnts are being proposed. The party so proposing such
Improvements shall accommodate all reasonable requests of the Owner of the affected Lot
with respect to the location of such Improvements. No Utility may be located within ten
(10) feet of any area which the Owner has designated as the proposed location for a future
Structure without the consent of such Owner. The parties shall cooperate with each other
with respect to locating the Utilities and other non-Structure Improvements. and in no event
shall the practical benefit of the easements granted pursuant to this paragraph be denied.. In
the event the Owner of a S\lbject Lot over which proposed Utilities or other non-Structure
Improvements are to be constructed (the "Burdened Owner") shall request, the Owner
proposing such Improvements (the "Benefitted Owner") shall cooperate with the Burdened
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Owner to oversize said Utility or other non-Structure Improvement or increase its capacity
so as to service (either presently or in the future) the Burdened Owner; provided that the
Burdened Owner agrees to pay the excess out-of-pocket costs which would be incurred by
.
the Benefitted Owner in installing said oversized Improvement rather than the Improvement
being initially proposed by said Benefitted Owner. The Burdened Owner shall supply such
guarantees and/or security as reasonably requested by the Benefitted Owner to assure
payment by the Burdened Owner of the costs aforesaid.
3.3 Each lot within the Subject Lots which now has or may in the future have a
Structure located upon it which is located within . ... __ feet of a lot line of another Lot within
the Subject Lots shall have and is hereby granted a non-exclusive easement for access to and
maintenance, repair, replacement and reconstruction of Structures, together with an exclusive
easement for encroachments in the event that, by reason of construction or reconstruction of
a Structure or the subsequent settlement, expansion, sag or shifting of any part of a Structure,
any part of such Structure encroaches, or shall hereafter encroach, upon any part of an
adjoining Subject Lot. Sueh casement for encroachments shall exist only so long as all or
an encroaching part of the Structure shall remain standing; provided however, that in no
event shall an easemenl fur any encroachment be created ill favor of a Structure on the
Subject Lot upon which said Structure is located if such encroachment unreasonably
interferes with the normal use and enjoyment of the Subject Lot which is burdened by said
encroachment. In addition, any of the Subject Lots upon which there now or hereafter exists
a Structure within _ feet of a lot line with any other Subject Lot shall have and is hereby
granted a non-exclusive easement in and over so much of the adjoining Subject Lot (which
is within ---,..feet of said Structure) as is reasonably needed to do any Work, at the cost of
thc Owner of the Structure. The easement created in the foregoing sentence shall exist only
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so long as the Structure shall remain standing.
3 _4 The easements created and granted by this Agreement shall and do include the
right of the Owners of the Subject Lots and their respective contractors, agents,
representatives and assigns to enter upon the area subject to the area of the easements hereby
created and such other parts of the Subject Lots as may be reasonably necessary for the
pwpose of doing any Work to or on any Improvement so as to enable the use, enjoyment
and benefit of such easements and Improvements. In no event shall anything contained in
this paragraph be construed to permit or allow the Owner of any Subject Lot to construct any
Structure (except a Link) within _ feet of any other then existing Structure located upon
another Subject Lot without first obtaining the prior written consent of the Owner of said
other Subject Lot.
3.4.1 All Work on an easement area created or granted hereby shall be done:
(i) in such manner as to not unreasonably interfere with the normal use and
enjoyment of the area on which the Work is being done, (ii) at the sole cost and
expense of the centity ordering the Work, (iii) in full compliance with the provisions
of this Agreement, (iv) in full compliance with all applicable statutes, codes,
ordinapces, rules and regulations, (v) with respect to reconstruction mai ntenance,
repair, alterations or modifications, the Work shall use materials, equipment and
design and engineering standards, equal to or better than those originally used, (vi)
in a good and workmanlike manner, and (vii) in such manner as not to impair or
destroy the structural soundness or integrity, aesthetic appearance or functional utility
of the property Ot' Improvement upon or in which the Work or activity is being done
or any other Structure or Improvement upon the Subject Lots.
3.4.2 Before anyone enters upon any easement area to do any Work, the
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entering party shall give at least ten (10) days' prior notice of such entry to the
affectea party and the anticipated entry time, estimated duration and purpose; said
right of entry being subject to the affected party's not objecting to said entry at said
time and/or for said duration and/or purpose; which objections, however, shall not be
made unless a reasonable basis exists therefor. Failure of the affected party to notify
the entering party within said ten (10) day period shall be deemed conclusive
evidence of lack of any such objection. Such notice need not be given in the event
of any emergency as reasonably determined by the entering party. In addition, the
entering party shall provide proof of adequate liability insurance eoverage (in an
amount of not less than $1,000,000.
3.5 In connection with the use and occupancy of any Links which may exist from
time to time upon the Subject Lots, the parties agree to be bound by the provisions as set
forth on Exhibit A, attached hereto and incorporated herein by reference.
4. Relocating and Documenting Easements.
4.1 To the extent easements hercby granted. decJaredand created are not
specifically defined or are erroneously defmed with respect to location or width, any Owner
may prepare and document such descriptions or such accurate descriptions and all necessary
parties agree to execute and deliver such documentation in recordable form upon receipt by
each such party of information reasonably acceptable to such party that the dc::scriptions are
accurate. complete. con1~rm to and are consistent with the provisions of this Agreement.
The party requesting such documentation shall pay the cost of preparing and filing or
.
recording such documentation.
4.2 The requirements, duties and obligations as contained in the immediately
preceding paragraph 4.1 shall apply to any subdivision and replatting or any Subject Lots
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into smaller lots, blocks and/or outlots.
4.3 Nothing ontained in this Agreement shall be construed to prevent the Owner
of any Subject Lot wi out the consent or approval of the other Owners from relocating,
redesignating or expand ng those parts of their respective Lots now OT hereafter improved
with Improvements or Structures and burdened by the easements as set forth in this
Ab'Teement, n~r shall an relocation, reclesignation or expansion be deemed an amendment
."
of this Agreement, it b ing understood and acknowledged that the easements as set forth
herein are not intended to impose any obligation on the Owners to provide any given
Improvement at any sp ific location, but simply to allow the shared use of driveways and
parking areas as existing from time to time and to allow the efficient access, installation and
use of Improvements. he right granted hereunder to relocate, redesignate or expand said
Improvements and/or S ctures shall not allow or pennit the blockage or interference of
ingress and egress to an from 57th Street, once said ingress and egress has been created by
virtue of construction of mprovements, except for temporary interference in connection with
the doing of Work and " en only for such period of time as not to exceed four (4) hours in
anyone work..day, unles substitute access for ingress and egress is granted as is reasonably
acceptable to the Owner fthe affected property, Notwithstanding the foregoing, access for
ingress and egress to 57 Street may be impaired or blocked by the initial construction of
a Structure, if necessary n connection wilh such Slcucture for a period of time not to exceed
nine (9) months provide that access to both streets is not blocked or impaired at the same
time. The right granted ereunder to relocate, redesignate or expand said easement(s) shall
the City of AlbertviJIe.
be exercised in such a m er so as not to violate the parking or other code requirements of
4.4 In the ev nt any easement created by or pursuant to paragraphs 3.1 or 3,2
.9.
.
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above, or any Utility or other Improvements located therein. hereafter interferes with any
proposed Structure, nothing contained in this Agreement shall be construed to prevent the
Owner of the Subject Lot upon which the proposed Structure is to be located, without the
consent or approval of any party (except as stated in this paragraph), but after at least thirty
(30) days prior written notice to the other Owners of any Subject Lot. from relocating those
portions of the easement area and/or Improvement located thereon or thereunder, so as to
remove said interference with said proposed Structure; provided however, any such relocation
of said e~ent or Improvement: i) shall not allow, permit or result in the blockage or
interference with the purpose or use of said easement, ii) shall comply with the requirements
of paragraphs 3.4.1 and 3.4.2 above, and ill) shall be at the sole cost and expense of the
Owner of the Subject Lot proposing such relocation, and any Improvements to be constructed
in the relocation easement shall be constructed in full compliance with all requirements of
the City. The Owner of the Subject Lot performing any such relocation shall comply with
all other provisions of this Agreement. All other Owners of Subject Lots not doing such
relocation shall have no liability or obligations of any kind for any claim or demand arising
out of the design or construction of the Improvements being relocated, or any Work done
on any easement area by or for the Owner doing such relocation. In the event any such
Work or Imp,ovement causes damage to a Subject Lot other than that owned by the Owner
performing such relocation, such damage shall be iaunediately restored by the Owner doing
such relocation at its expense, and the Owner doing such Work shall hold all other Owners
harmless from and indemnified against any such damages. Notwithstanding the foregoing,
in no event shall any Owner be entitled to relocate any Improvement if such relocation
would result in a decrease in the number of parking spaces then existing upon the Subject
Lots. unless the consent of all Owners is first obtained; or would result in the Subject Lots
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collectively failing to meet the required parking requirements of the City. For pmposes of
the foregoing sentence. an Owner desiring to so relocated Improvements. may construct
parking StrucM'e(s) on the other Subject Lots to replace any loss of parking spaces, and the
easements granted herein shall include the right to so construct such parking Structure(s),
provided such Structure(s); i) shall otherwise comply with the provisions of this Agreement,
ii) shall not be locatcd on the site of any proposed future other Structure by the Owner of
Lot _, and Hi) shall not be located upon either Lots
5. Maintenance.
5.1 The Owners of the Subject Lots each shall repair and maintain all parts of the
drjveway and parking area Improvements (but not Utility Improvements) which lie exclusively upon
their respective Lots in a good and serviceable condition, in compliance with applicable laws and
reasonably free of snow and ice. lbe parties shall cooperate in the coordination of any such
maintenance and repair of driveways which are located on two or more Lots and share equally ill
the costs associated with said maintenance and repair.
5.2 No obligation of repair or maintenance of a burdened Lot, including snow and debris
removal of the easement areas shall be deemed or created or imposed upon the Owner of the
benefitted Lot of any easement created by this Agreement except as otherwise hereby specifically
provided.
5.3 The Owner of the Lot burdened by a particular easement shall have no liability or
obligation of any kind for any claim or demand arising out of or claimed to arise out of the design,
construction, maintenance, repair, reconstruction or replacement of all or any party of the easement
areas or any Improvement thereof, or for any Work done on any easement area by someone other
,.
than said Owner or its agents, successors or assigns. In the event any Work causes damage to the
burdened Lot, such damage shall be immediately restored by such party at its expenses and the
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Owner of the Lot shall be held hannless and indemnified by the entering party for any such damage.
5.4 The Owners of the Subject Lots each shall repair and maintain all Utility
Improvements which service their respective Subject Lot(s) in a good and serviceable condition and
in compliance with applicable laws. The parties shall cooperate in the coordination and performance
of any such maintenance and repair of Utility Improvements which service andlor are shared by two
or more Subject Lot Owners.
6. Enforcement.
6.1 This Agreement may be enforced by any Owner of any Subject Lot by legal or
equitable action (including specific perfonnance) in Wright County District Court. In the event an
action is commenced, the prevailing party shall be entitled to recover costs and expenses incurred
in such action, including reasonable attorneys' fees. from the nonprevailing party(s).
6.2 In the event the Owner of any Subject Lot is not maintaining or repairing any non-
Utility Improvements located upon its Subject Lot, any other Subject Lot Owner(s) may enter and
perform said maintenance or repair, but same shall be a said other Owner's sole cost and expense,
unless said other Owner has given the claimed defaulting Owner thirty (30) days' written notice and
the claimed defaulting Owner has not cured said default within said thirty (30) days; except if due
to weather or other causes it would reasonably take more than thirty (30) days to cure, then said 30-
day period shall be so extended, but in no event shall said cure period exceed six (6) months. If
such notice has been given and the default not so cured, then the costs of said other Owner(s) to
perform said maintenance and repairs shall be recoverable in an action pursuant to paragraph 6.1
above. This paragraph shall not prevent said other Owner(s) from suing for specific performance
of the obligations under Section 5, all parties specifically acknowledging that specific performance
is an appropriate and acceptable remedy under this Agreement.
7. Notices. Any notices to be given to the Lot Owners shall be deemed effective upon
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actual receipt if hand delivered or upon the third day after postmarked by U.S. or certified mail,
return receipt reque~~ to the address set forth below:
If to Pilot:
Pilot Land Development Company
Attn: Don Jensen
13736 Johnson Street NE
Ham Lake, MN 55304
With a copy to:
Ernest F. Peake, Esq.
Leonard, O'Brien, Wilford,
Spencer & Gale, Ltd.
100 South Fifth Street
Suite 1200
Minneapolis, MN 55402
If to
Any party shall have the right from time to time and at any time upon at least fifteen (15)
day's prior written notice thereof in accordance with the provisions hereof to change its respective
address and to specify any other address; provided, however, notwithstanding anything herein
contained to the contrary, in order for the notice of address change to be effective, it must actually
be recei veu.
8. Agreement to Continue Notwithstandin~ Breach. It is expressly agreed that no breach of
this Agreement shall entitle any party, its successors or assigns, to cancel, rescind or otherwise
terminate any easements created hereunder. However. such limitations shall not affect, in any
manner, any other rights or remedies which such party may have hereunder by reason of such
breach.
9. Non-Exclusive Easements. The parties hereto und.erslaIld and agree that those easements
hereby granted and created which are non-exclusive are subject to the right of any Owner whose Lot
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is subject to such non-exclusive easement to use that Owner's Lot for similar or dissimilar uses and
purpo~e~; provided, however, that such uses shall be subject to the easement... hereby granted and
created.
10. Captions. The captions herein are inserted only for reference and in no way limit or describe
the scope of this Agreement or the meaning of any provision hereof.
11. Minim\.U11 Interference. Thc parties hereto and their successors and assigns shall always
exercise use of their.,respective easements and rights hereunder reasonably and in such manner as
to cause tht: lease possible inlerference under the then circumstances with the use and enjoyment by
the other parties or their successors or assigns who have the right to use or are subject to such
easements of their respective properties and Improvements.
12. Consent of Lienholders. If an Owner is required to give consent hereunder, any holder of
a fIrst mortgage (moo subsequent to the date of this document was filed) on the benefitted or
burdened Lot shall also be required to consent, if requested by an Owner.
IN WITNESS WHEREOF t the undersigned have executed this Agreement on the date first
above stated.
PILOT LAND DEVELOPMENT COMPANY
,.
By:
Its:
By:
Its:
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STATE OF MINNESOTA)
)
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
1998, by , the of Pilot Land Development
Company, a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF :MINNESOTA)
)
COUNTY OF )
The foregOing instrument was acknowledged before me this _ day of
1998, by the of
a corporation, on behalf of the corporation.
Notary Public
TIDS DOCUMENT WAS DRAFTED BY:
Leonard, O'Brien, Wilford, Spencer & Gale, Ltd.
100 South Fifth Street, Suite 1200
Minneapolis, Minnesota 55402
(612) 332-1030
46378_1
~
,"
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