2003-03-10 Declaration of Easement
DEC-22-2005 15:43
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(Above SPCIOO ReselVed for Recording Data)
DECLARATION OF EASEMENT
(SighS)
This Declaration of Easement (the "Declaration1 is made this \D1H day of
l'-'\~~ I zm..~ I by Contractor Property Developers Company, a
Minnesota corporation (the " Declal-antlJ), with the consent and joinder of that person
whose consent is attached hereto (thu "Consenting Party1.
RECITALS
A. Declarant and the Consenting Party are the owner and. encumbrancer of certain real
property located in the County of Wright, State of Minnesota (the "Burdened Lot 1,
described as follows:
Lot 1, Block', TOWNE LA~:ES, according to the recorded plat thereof,
Wright County, Mi~nesota.
B. The Burdened lot is a part of rrowne Lakes,' a master planned residential housing
community (the "Developmenn, which will be developed in phases.
C. Declarant has established "Towne Lakes Community' Association, a Minnesota
nonprofit corporation, as a master association pursuant to Minnesota Statutes
Chapter' 5158 (the "Master Association"" to govern and administer the
Development and the residentiial neighborhoods located therein.
D. Declarant has caused to be re<:orded, as Document No. 800'55c.... in the office of
the Wright County Recorder that Amended and Restated Master Declaration of
Covenants, Conditions, Restrktions and Easements as a master declaration within
the meaning of Minnesota Statutes Chapter 5158 (the "'Master Declaration.)
imposing certain covenants, cC1nditions and restrictions on the Development as now
constituted and subsequently expanded.
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DEC-22-2005 15:44
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E. Declarant desires to declarl~ and establish an easement over a portion of the
Burdened lot for purposes of constructing, installing and maintaining signs and
related landscaping and irrigcltion systems.
THEREFORE, in consideration of the foregoing, the covenants and agreements
contained herein, and for other valuable consideration, Declarant hereby declares, grants
and conveys the following easements:
1. Grant of Easement. Declarant hereby declares, grants and conveys, in favor
of itself and the Master Association, a permanent, exclusive easement (th~ MEasement') for
the construction, installation, maintenance, repair and replacement of 'signs and related
landscaping and irrigation systems and other improvements, on, under and across that
portion of the Burdened Lot describ.:d in Exhibit ^ attached hereto (the "'Easement Area'),
subjea to the conditions and restrid:ions set forth in this Declaration. The Easement shall
, include a right of. reasonable access iO"favor Gf the DeClaraht and~thaMaster Association to
exercise their easement rights. '
2. Use of Easement Area. The Easement shall be used exclusively for .the
construaion, installation, maintenallce, repair and replacement of a sign, and related
landscaping and irrigation sy~em, identifying and serving the Development and the
residential neighborhoods contained therein.
3. Construction and Maintenance. Declarant shall, at its expense, construct
and install the sign, irrigation system and original landscaping on the Easement Area. The
Master Association shall, at its expense, maintain, repair and replace the sign, landscaping
and part of the irrigation system located within the Easement Area The then current
owner of the Burdened lot in which the Easement Area is located shall, at its expense,
maintain the grass located on the Easement Area within the Burdened lot in good
condition. The Master Association, and the Declarant so long as it has easement rights,
shall use reasonable measures to assure that the dwelling or other improvements located
on the Burdened Lot are not damagEd or disturbed, and shall undertake the repair of any
damage caused by their construdion or maintenance activities
4. Improvements Restrictred. No person other than the Declarant or the Master
Assaciation ,shall cpns~ct 'Or', permi!t any impr.ov~melJt or, !mped,i~eflt '9h, the Easement
Area. The Master Association, and the DeClarant so long as it has easement rights, shall
have authority to remove any unauthorized improvements, materials or personal. property
on the Easement Area, and to undertake action, legal or otherwise, to enforce the
conditions and restrictions contained in this Declaration.
5. Interpretation and Binding Effect. This Declaration shall be construed in
accordance with the laws of the state of Minnesota. The Easement shall be appurtenant to
and run with the Burdened Lot, and shall be binding upon the owners and occupants of
the Burdened lot, and their succes:;ors and assigns, and any other persons having or
acquiring an interest therein; provided, that the peclarant's easement rights shall terminate
at such. time as the Declal'a:nt no ~on:ger owns any lot in the ,Development and no longer
has the right to add additional property to the Development.
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6. Duration/Amendmen'~. The Easement shall be effective upon the recording
of this Declaration in the appropriate recording office of Wright County, shall have a term
of 30 years, and shall be automatically renewed thereafter for an infinite number of
consecutive ten year renewal peri()(fs unless terminated or modified by an amendment.
This Declaration may be amended with the approval of the Declarant for so long as it
owns a lot in the Development or has the right to add additional property to the
Development, the Master Association and the then Current owner of the Burdened Lot.
IN WITNESS WHEREOF, th.i! Declarant has executed this Declaration on the day
set forth above.
CONTRACTOR PROPERTY DEVELOPERS
COMPANY
BY:~1?:
STATE OF MINNESOTA )
) 55.
COUNTY OF \.\f.t\J~\N )
The foregoing instrument was' acknowledged before me this )~1l4 day of
M~c.,\-\ , 2003, by "~ME.R. \.t :tl'lMP\l.It9;uthe P~lbaJ\ of Contractor
Property Developers Company, a Milnnesota corporation, on behalf of the corporation.
N:~' 6Aj~nuwu
This Instrument was dl'ilfted by:
Felhaber, Larson, Fenlon & vogt, P.A. OPB)
225 South Sixth Street, Suite 4200
Minneapolis, MN,55402
(612) 339-6321
~~ ANGELA KAY BEllANGER
NOtARY PUeuc. ~
: MY COMMISSION EXPIRES
JANUARY 31,2005
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EXHIBIT A
TO
DECll\RA liON OF EASEMENT
Descl"iption of Easement Areas
That part of lot 1, Block 1, Towne lakes, according to the recorded plat thereof, Wright
County, Minnesota described as fol,lows: .
Commencing at the northw1esterly corner of said Lot 1, said comer being
common with the right--of-ways of Lakeshore Drive and East laketowne
Drive, thence South 26, dej~rees 05 :minutes 56, second$ West, asStl med ,
bearing along the westerly line of said Lot 1, a distance of 13.06 feet; thence
South 63 degrees 54 minute; 04 seconds East, a distance of 7.61 feet to the
point of beginning of the c~asement to be described, thence continuing
South 63 degrees 54 minut,es 04 seconds East, a distance of 10.44 feet;
thence South 26 degrees 05 minutes 56 seconds West, a distance of 16.40
feet; thence North 63 degrec!S S4 minutes 04 seconds West, a distance of
10.44 feet; thence North 26 degrees 05 minutes 56 seConds East, a distance
of 16.40 feet to the point of beginning.
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DEC-22-2005 15:45
P.06/08
TOWNE LAKES
CO~ISENT OF MORTGAGEE
The undersigned (the "Mortgagee, is a mortgagee of portions of real property
described in the Declaration of Ea!:ement (Signs) (the "Easement") by a certain Mortgage
recorded in the office of the Wright County Recorder as Document No. 15lA'l1Q
(the "Mortgage,. Mortgagee hereby consents to this Easement; provided, however this
consent shall not modify Or amend the tenns and conditions of the Mortgage and related
loan documents; and provided further that the Mortgage shall be and remain as a lien on
the property described therein, until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee haS caused this consent to be executed this
~ day of ~J..... I 2003.
Alliance Bank,
a Minnesota corporation
By: ~ ,t~
Its: (/ V.)..c. "!hh~~
STATEOFMINNESQTA )
~ I )55.
COUNTY OF ~k:c.- )
The foregoing instrument was acknowledged before me this /'fIJt. day of
fJ'l/Ulelt.. , 2003, by :lanl_ L, --ra"bL~ , the t1iU~ ?feslcltd' of
Afliance Bank, a Minnesota corporation, on behalf of said corporation.
n,W. ~ Y/lMJUni
Nota~bliC '
:JANE MARIE MANCINI
Notary Publr>t.lr.1IIGta
Coalllllllllllli _ 11.11I07
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DEC-22-2005 15:45
EASE~tEN7. SKE ~
EAST LAKETOWNE DR VE
RECEIVED
MAY 20m
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/Nrfrty ,.om" of Lot I
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LOT 1
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MUD LAI<E
PROF'OSED EASMENT I.LGAL DCSCRIPTION:
A mOllument IJQ/NmMt OWl'. undr ~d at:I't'JSS Lot I, Block 7, mlrNE' LAKes. tlCcording to the rlff;tlTded pltll th.,.o(
!Wight COlmty, Itt!nftesoto duriH u follows:
Commencing at th, flQrthwBttrly com", of stlld Lot I, sOld (;0..", being tGmmon wfth e rlght-of-IIop 01
Loke:lhore DritlO 011(/ !o~t LMotOwn. Dri.".; thence $Gutlt 28 degrees ~ minut. 56 ds West, ossumed bearing
(J/Oflg Ih. lIIIefJlerly line of Bold Lot t, 0 dif/lonc. 01 IJ.06 ,..,; IhM'" South 6.1 dllfJ"tItI 54 minutes 04 Stlconds
Co~t. 0 distonce of 7.6' (Ht to th. point 01 begl""iflg Qf lb. eosetnMI to bo dost:tl th.nee continuing South
6.1 thgrlllfs 54 minutes 04 tJIIcondfJ Eost, (J tlist(JflCfl of 10.44 ,'Ht; thM,.O $Guilt 26 d 'lOti 05 mlnultlfJ 56
tJIICO/lt/$ Wtlst, a distrmco o( 76.40 leet; thenctl North BJ degl'Hf/ 54 minutH 04 s.r;o ds W.st. 0 d"lStanco of
70.44 ,..,: thence North 26 rHgreu 05 minutlls 56 seconds C.'Bt. 0 d/$IOItco of 11.40 t to the point of
beglnfl;"g.
RE,MSTED 1m
C:.P.D"C"
SftIr. ,'. 2D ,...,
8."",'1" "- ... _lid dlIlum.
~~. Westwood Professional Services, Inc.
ll' 7599 Anagnm Drfve '.
Eden JInlIlle. MN 5D44 '
Phone-. 9gJ9!7-51 so Filla 9521931-5822
Dm..t tl' ' NTS DrIll: 5/75/02 Jc>b No: 99360
P.07/08
DEC-22-2005 15:45
P.08/08
Propoucl Gol"Qge floor ~st~
Propoaed Lowest Floor 1t.';'b, '!:I
T}1>e of BuDding -
"FtJ 1 \ GCL~e.w.e~+
\.-.()\t.Q~ ...,,,.$- NOTE: PRoPERlY CORNERS
g_; ~~~ (J..t-+) SET BY DEVELOPERS SURVEYOR
HYM~ SURVEY'.._IG,
Proposed Top of 8Iock1$~1'- D SURVEYORS
8700 Jefferson Highway
Osseo. Minncllota 55369
PHONE (763)493-5761
FAX (763)493-5781
.unr,uors at,rtifitaU
P .A. @
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INVOICE NO. ~B66J
r.B. NO- JOVSO
SCALE 1 ~_ 20'
o Denotes Iron Monument
N
[] Denotes Wood Hub Set
ror Excavation Only
llooO.O Denotel Existing E1evotlon
c::> Denotes Prop~ed Elevation
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E flLU~ SKY HOt.tES . Propert)' L.OC:lltcd In Part Ot
~-re.." bt~t:. \& CtJ -rpoSt ti' 1/4. :ec, ~ Twp. .l.2.L. R. ..4i.
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8ENCHMARl(: HNOOT MIlN. " ee." T KE'll
in Sf corner of Abutllent ,. ., EAS T~
of bridge NO. 88818. .::. e. -\MI.' _ CONe. CURB ",S."la
Intero1:et.e Hwy. No. 94 ol!!!2.. ~fa~
ovel' Co. Rd. No. 19. ~
Elevation: 979.22 feet.
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LOT 1. BLOCK 1, TOWNE LAKES 1ST AI)DI1l0N
1hIII _ .. -ated ....i, to Ihe __ -.f """," "' __
0IlCI HI to ..........1 __ mort..,.. ", IItlli _..-
YI\e t!!Ilr -w ..- .... "- JII!IIe 61 _If "" IrIIvtmGl1a1o ~ lIy _L
All ........ .........- .... IIDar elMtIotlt IIIIItI M ..wIlhod by c/loriL
I I\lnb1 cerur" tIIat \II" _y _ pr'IJIGNCI b)' m. .... Vl'Idw
m,'cllrWt IUp8IWIon, lIIId Iha( 1 am G cIuIy R'9ilterld Lancr
~ 11I\_ tile law. of the Stcrt, of Mlnn_ICl. SIgned
Surw~ by UII till, 11th day of~~ . 20 05
TOTAL P.08
II: I~)IH "+-:;h':f /00
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tl.. ~{AlfU-J.iJw;k ~
Please find end.oseda copy of u. DeclaratIon of Basement fox Lot 1, Block 1, tiMJ. ()e ,
Towne Lakes. ~~
Please record the docuo1ent and send. the invoice for recording the docmnent to:
Contractor Prope1ty Deve1opeI~ Company, AttI'l. Angie Bellanger, 7100
Northland Circ:1e, Suite #108, MN 5M2S.
DEC-22-2005 15:47
Lenore
Land TItle
1900 Silver Lake Road.
Suite ##200
New Brighton, MN 55112
P.02/09
Re: DecJa:ration of Basement:
Dear Lenore:
Please don't hesitate to call if Y10u should have any questions or concerns -163-
9'l1..()47'1' ext. 203. .
~
Office Manager
Cc: J. Patri.ck BrirIkman - Felhaber, lMson, Fenlon Ie Vogt
DaveHempel- aoc ,
.... Julie Gruber.. COM.. Tc~wne Lakes Land Office
CPDC Corpqrate Offices: . .. "
The Quadrant Building.. 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428
phone: (763)9714J477 - fax: (763)971-0576 - email: cpdc@schererbros.com