2005-12-20 Joint Trash Enclosure, Water Runoff & access Easement Agmt
J A-o-
RETURN TO:
ATA TITLE
3495 NORTHDALE BLVD
COON RAPIDS MN 55448
Doc. No. A 993150
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
01-03-2006 at 04:00
Check #: 65981 Fee: $ 46.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
Joint Trash Enclosure, Water Runoff and
Access Easement Agreement
This Joint Trash Enclosure, Water Runoff and Access Easement Agreement ("Agreement") is
made effective this tn day of December, 2005 by and between T-Square Properties, LLC, a
Minnesota limited liability company ("T -Square"), and Robert Heuring and Christine Heuring,
husband and wife ("Heuring") (T -Square and Heuring are sometimes collectively referred to as
the "Parties").
RECITALS
WHEREAS T-Square is the fee owner of real property legally described as follows:
Lot I, Block I, T -Square Business Park, Wright County, Minnesota
("Parcel N'); and
WHEREAS Heuring is or will be the fee owner of real property legally described
as follows:
Lot 2, Block 1, T -Square Business Park, Wright County, Minnesota
("Parcel B")
WHEREAS Parcel A and Parcel B are contiguous and adjacent to each other; and
WHEREAS attached as Exhibit A is a copy of the Site Plan, and shows the area of a
driveway access easement to the parking spaces, on a paved access throughout the areas, as well
as cement curb and gutters, together with a public curb and gutter located on a concrete apron,
hereinafter referred to as the public, shared and common driveway access area (defined as the
"Permanent Drive Area"), and other matters more fully described in Article I; and
WHEREAS, the Parties hereto intend to develop and operate their respective Parcels in
conjunction with each other with shared and common access and shared and common easements,
but do not i"ntend to create a planned development, and in order to effectuate the common use
and operation of the Easement Area and other easements, the Parties desire to enter into certain
covenants and agreements, and to grant each other certain reciprocal easements for the driveway
access area and a "Shared Trash Enclosure" easement area in, to, over, and across their
respective Parcels, as depicted on the Site Plan.
NOW THEREFORE, in consideration of the premises, the covenants and agreements hereinafter
set forth and in furtherance of the Parties' understanding, it is agreed as follows:
ARTICLE I - DEFINITIONS
1.1 Party. "Party" shall mean each signatory hereto, along with their respective successors,
heirs and assigns who become owners and or any mortgagee interest of any portion of the
Parcels.
1.2 Site Plan. The "Site Plan" is attached here as Exhibit A and shows the parking areas and
parking spaces, together with paved mutual access through a portion of the parking areas upon
Parcels A and B, and further includes the shared Permanent Drive Area, both public and shared
common Easement Area and Shared Trash Enclosure area, all described below.
1.3 Permittee. "Permittee" shall mean all occupants and the officers, directors, employees,
agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and
concessionaires of the Parties insofar as their activities relate to the intended development, use or
occupancy of the developed Parcels.
1.4 Permanent Drive Area. "Permanent Drive Area" shall mean the access driveway
easement area encompassed within easements described in this agreement and designated as such
on the Site Plan.
1.5 Shared Trash Enclosure. "Shared Trash Enclosure" shall mean that certain trash
collection facility area and trash collection facility enclosure and related improvements located
on Parcel A for the joint use of the owners and occupants of Parcels A and B.
1.6 Easement Area. The "Easement Area" includes easements as described in this
Agreement and shown on the attached Site Plan.
ARTICLE II - EASEMENTS
2.1 In2ress and E2ress Easements.
Each Party hereby grants and conveys to the other Party for its use and for the use of its
Permittees, in common with others entitled to use the same, a non-exclusive permanent easement
for the passage of vehicles over and across the Permanent Drive Area of each Party's Parcel, as
the same may from time to time be constructed and maintained for such use, and for the passage
and accommodation of vehicles over and across the parking and driveway areas of the Parcels as
depicted on the Site Plan, as the same may from time to time be constructed and maintained for
such use, provided that the easement for passage of vehicles shall be perpetual over the
Permanent Drive Area as the same are now depicted on the Site Plan. Such easement shall
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benefit and burden each Parcel owner, and is limited to the spaces delineated as such on the
attached Site Plan.
2.2 Shared Trash Enclosure.
T -Square hereby grants and conveys to Heuring a non-exclusive perpetual easement in, to,
over and across that portion of Parcel A depicted on the Site Plan necessary for the operation,
passage, use, access to, maintenance, repair, storage, and cleaning of the Shared Trash Enclosure
to be constructed upon Parcel A.
Except for initial construction of the Shared Trash Enclosure which shall be undertaken
at the sole cost and expense of T -Square, each Party after Parcel B is developed shall equally
share in all costs associated with the maintenance, repair, upgrade, usage and removal of trash
from and cleaning of the Shared Trash Enclosure. The owner of Parcel A shall arrange for all
services associated with the repair, maintenance, upgrade, clearing and refuse removal from the
Shared Trash Enclosure, and shall bill the owner of Parcel B for one-half (1/2) of all costs
associated therewith. The owner of Parcel A shall furnish a certificate of insurance showing that
its contractor has obtained the minimum insurance coverage required by law, but in no event in
an amount less than necessary to indemnify the owner of Parcel B.
2.3 Water Runoff. Each Party hereby grants and conveys to the other Party the
perpetual right and easement to discharge surface storm drainage and/or runoff from each Party's
Parcel over, upon and across the Permanent Drive Area. In addition, T -Square grants and
conveys to Heuring the perpetual right to discharge surface and ground water in the direction of
the storm water pond located north of Parcel A. No Party shall alter or permit to be altered the
surface of the Parking Area or the drainage/retention system constructed on its Parcel if such
alteration would materially increase the flow of surface water onto an adjacent Parcel either in
the aggregate or by directing the flow of surface water to a limited area.
2.4 Restriction. No Party shall grant any easement for the purpose set forth in this Article
for the benefit of any property not defined in this Agreement; provided, however, that the
foregoing shall not prohibit the granting or dedicating of easements by a Party on its Parcel to
government or quasi-governmental authorities or to public utilities provided further that any such
easement shall be subject to and subordinate to this Agreement.
ARTICLE III - MAINTENANCE AND REPAIR
3.1 Shared Maintenance and Repair.
(A) Subject to the joint maintenance provision set forth in paragraph 3.1(B) below,
each Party shall share in the costs of maintenance, including snow and ice removal and repair
and maintenance of the Pem1anent Drive Area and the Shared Trash Enclosure under the
following conditions:
(i) The minimum standard of maintenance is that of a typical Class A, suburban
office building complex.
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(ii) All Permanent Drive Area improvements and the Shared Trash Enclosure must be
repaired or replaced with materials and workmanship at least equal to the quality
of the original materials being repaired or replaced.
(iii) All paved surfaces must be maintained in a smooth and evenly covered condition,
including, without limitation, replacement of base, skin patch, resealing and
resurfacing and striping.
(B) The owner of Parcel A (unless otherwise agreed to in writing by both Parcel
owners), shall have the responsibility for proper maintenance and repair of the Permanent Drive
Area and the Shared Trash Enclosure. Within 20 days of written submission by the owner of
Parcel A to the owner of Parcel B of all such charges for the maintenance and repair required
hereunder and the removal oftrash, the owner of Parcel B must pay its share to reimburse the
owner of Parcel A. The appropriate share for each party shall be 50% unless substantial inequity
can be shown by either party. In the event of any damage caused by either Party or its respective
tenants or such tenants' invitees, the Party causing such damage shall be solely responsible for
the repair or replacement caused by such negligence.
(C) Costs and expenses accruing pursuant to this Section shall, if unpaid for a period
of20 days after receipt of an invoice or statement therefore constitute a lien against the
defaulting Party's Parcel. The lien shall attach and take effect only upon recordation of a claim
of lien in the office of the Wright County Recorder by the Party making the claim (with priority
accruing from the date of such recordation).
3.2 Dumpster. The parties agree to each obtain and be responsible for a separate trash
dumpster in the Shared Trash Enclosure as shown on the Site Plan. The use of each such
dumpster shall be subject to the control of each Owner and, if not separately billed, subject to the
terms and fee splitting under paragraphs 3.1(B) and (C) above.
ARTICLE IV- MISCELLANEOUS
4.1 Bindin2 Effect. The terms of this Agreement and all easements granted hereunder shall
constitute covenants running with the land and shall bind the real estate described herein and
inure to the benefit of and be binding upon the signatories hereto and their respective successors,
heirs, executors, and assigns as if they were original Parties hereto. This Agreement is not
intended to supercede, modify, amend, or otherwise change the provisions of any prior
instrument affecting the land burdened hereby.
4.2 Arbitration. In the event of any claim or controversy arising out of or relating to this
Agreement or the breach of this Agreement, the Parties agree to submit such matter to arbitration
under rules then in effect for such matters by the American Arbitration Association, if such
matter has not been reso lved within 30 days of written notice by one party upon the other of such
matter and intention to submit the matter to arbitration. The parties agree that the arbitration
costs to be split to each party; however, if the matter involves the reimbursement ofa
maintenance or repair matter within this Agreement's scope and the arbitrator finds in favor of
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such claim by greater than 50% of the demanded amount, the other Party must pay all arbitration
costs, including the "prevailing" Party's reasonable attorney's fees if awarded by such arbitrator.
4.3 Insurance for the Common Area. The Parties agree to maintain appropriate general
and comprehensive insurance liability coverages, which also cover any common easement areas
or any other common areas.
4.4 Indemnification. The Parties hereby agree to indemnify and hold harmless each other
and their guests and permittees, from and against all loss, costs, damage, actions, suits, judgment
and expense, including reasonable attorney's fees, arising out of or due to, use or activity in the
Parking Area by such Parcel owner, its employees, guests and permittees, except due to willful
misconduct of the other Parcel owner, its guests and/or permittees.
4.5 Notices. For purposes of any notice required or permitted under this Agreement, such
notice must be sent by certified mail, return receipt requested, upon the other Party at the
following designated address, or as otherwise provided:
If to T-Square Properties, LLC:
111 Thomas Park Drive
Monticello, MN 55362
If to Robert and Christine Heuring:
5020 Jason Avenue NE
Albertville, MN 55301
4.6 Severabilitv. Invalidation of any of the provisions of this Agreement shall in no way
affect any of the other provisions or the application thereof to any other person and the same
shall remain in full force and effect.
4.7 Modification. This Agreement may not be modified or amended in any way, except by
writing, acknowledged by all owners and signed by the Parties.
4.8 Condemnation. In the event of a taking under the power of eminent domain of any
portion of any portion of any Easement Area, each of Parcel A Owner and Parcel B Owner shall
be entitled to make its own claim for compensation for the taking of its property or appurtenant
easement.
4.9 Interpretation. Whenever appropriate, the singular number may be read as the plural,
and the plural may be read as the singular. Any gender used may be read as the feminine, neuter
or masculine gender, whichever is appropriate. Compound words beginning with the prefix
"here" shall be read as referring to this entire agreement and not merely to the part of it in which
they appear.
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IN WITNESS WHEREOF, the Parties have executed this instrument to be effective as of
the date and year first written above.
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Dated: December 't/? , 2005
Dated: December 0 I, 2005
Dated: December~, 2005
STATE OF MINNESOTA
COUNTY OF vtu &
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The foregoing instrument was acknowledged before me this:?o day of December
2005, by'Jbc;€.Cr 0i.IufrJ1,~r;.6Y1 , the pres lei e.._-t- ofT-Square Properties,
LLC, a Minnesota limited liability company, on beh~.~.?fthe limite liability fOI~a.:1"
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f~RESA B. HAEG
Notary Public
Minnesota
V C.t)h1ril~g$IOn Expires January 31, 2010
STATEOFMINNESOTA )
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COUNTY OF (ffI1L[/{1I _.) ..
The foregoing instrument was acknowledged before me this
2005, by Robert Heuring and Christine Heuring, husba d w~f1
//
\'''-M
TERESA B. HAEG
Notary Public
Minnesota
My CommiSSIon Expires January 31, 2010
THIS INSTRUMENT WAS DRAFTED BY:
Mackall, Crounse & Moore, PLC (WJO)
1400 AT&T Tower
901 Marquette A venue
Minneapolis, MN 55402
Telephone: (612) 305-1400
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