2005 Common Access, Driveway & Parking Easement (draft)
COMMON ACCESS, DRIVEWAY
AND
PARKING EASEMENT
THIS COMMON ACCESS, DRIVEWAY AND PARKING EASEMENT ("Easement")
is entered into as of the _ day of , 2005, by CASCADE II LAND
DEVELOPMENT COMPANY, a Minnesota corporation, whose address is 21025 Commerce
Boulevard, Suite 900, Rogers, Minnesota 55374 ("Owner").
WITNESSETH:
WHEREAS, Owner is the owner of that certain tract or parcel of land referred to as
"LaBeaux Station" situated in the City of Albertville, County of Wright, State of Minnesota,
identified on the site plan attached hereto as Exhibit A and legally described on Exhibit B
("Easement Parcels"); and
WHEREAS, Owner desires to establish of record certain permanent non~exc1usive
easements for common access, driveway and parking purposes over and across those portions of
the Easement Parcels identified as the "Access Area" on Exhibit A (the "Access and Parking
Areas") .
NOW THEREFORE, Owner hereby establishes the following easements pursuant to the
terms and conditions set forth herein below:
A permanent non~exclusive easement for ingress, egress over and across the Access Area for
access to and from Easement Parcels subject to the following terms and conditions:
1. Use of Access Area. The ingress and egress rights granted hereby may be used
non~exclusively by Owner, its successors and their residents, employees, contractors, agents and
invitees associated with the legal use of the Easement Parcels ("Driveway Easement"). Nothing
herein shall be construed to limit or restrict the ingress or egress associated with the Easement
Parcels or any part thereof
2. Use of Parking Area. The parking rights granted hereby may be used from time
to time non~exclusively by Owner, its successors and their residents, employees, contractors,
agents and invitees associated with the legal use of the Easement Parcels ("Parking Easement").
Nothing herein shall be construed to limit or restrict the parking associated with the Easement
Parcels or any part thereof
3. Indemnification. The owner of each Easement Parcel will indemnify and save the
other owners of Easement Parcels harmless from any and all liability, damage, expense, causes of
action, suits, claims, or judgments arising from personal injury, death, or property damage and
occurring on or from its own parcel, except if caused by the act or negligence of another owner
of an Easement Parcel.
4. Relocation. The Owner reserves the right to modify or relocate the Access Area
provided such modification or relocation does not materially or unreasonably modify restrict or
prevent ingress and egress to and from the Easement Parcels. Any modification or relocation of
the Access Area will be subject to the approval of the City of Albertville.
5. Public Grant. Nothing contained herein shall be used or construed as a grant of
any rights to any public or governmental authority or agency.
6. Duration. The agreements contained herein and the rights granted hereby shall
run with the titles to the Easement Parcels and the Access Area and shall bind and inure to the
benefit of the parties hereto and their respective, successors, and assigns.
7. Use of Easements. In addition to the restrictions on the purpose and uses set
forth in Sections 1 and 2 hereof, the following limitation shall govern the use of the easements
created herein:
a. Driveway Easement - The Driveway Easement shall be used for ingress
and egress for pedestrian and vehicular traffic. Except as otherwise authorized herein,
the Driveway Easement shall not be used for parking purposes, and no improvements,
including, but not limited to, fences or structures shall be constructed on or in the
Driveway Easement.
b. Parking Easement - The Parking Easement shall be used solely for the
parking of automobiles, including motorcycles, cars, non-commercial vans, sport utility
vehicles, and non~commercial pickup trucks. Parking of other vehicles such as
semi~tractor trailers, commercial trucks and commercial vans shall be limited to a
reasonable time, not to exceed four (4) hours and shall not unreasonably interfere with
the use of the Parking Easement or the Driveway Easement. In no case shall any vehicle
use the Parking Easement for more than twenty~four (24) consecutive hours. Upon
unanimous consent of the owners of the Easement Parcels, parking spaces may be
reserved for exclusive use in connection with the respective buildings located adjacent to
the Easement Parcels. The parties' use of the Parking Easement shall be subject to
reasonable regulations from time to time adopted by all of the owners of the Easement
Parcels for the control of traffic safety, loading and unloading of trucks and vans, and
reservation of parking spaces.
c. Burdened Parcels Generally - The portions of the Easement Parcels
burdened by the easements created herein, shall not be used or dedicated as a public
roadway or thoroughfare. Except during necessary maintenance and repairs to any of the
easements herein created, no owner of the Easement Parcels shall permit any activity on
their respective Easement Parcel, that may interfere with or obstruct the easements
created herein. The joint driveways and parking areas located on the Easement Parcels
may be reconflgured only upon unanimous consent of the owners of the Easement
Parcels. The use of the joint driveways and parking areas shall be subject to reasonable
regulations from time to time adopted by all of the owners of the Easement Parcels for
the control of traffic, safety, loading and unloading of trucks and vans.
d. Maintenance ~ Each owner of an Easement Parcel shall be responsible to
maintain the Access and Parking Areas on its own parcel in a commercially reasonable
manner.
e. Replat of Outlot B ~ If and when Outlot B of the LaBeaux Station plat is
replatted the Driveway Easement and the Parking Easement granted pursuant to
Sections 1 and 2 of this Easement shall apply to the platted lots but will not apply to any
outlot created by such replat unless approved by the City of Albertville.
8. Effective Date. This instrument shall become effective upon the date of
execution hereof.
9. Headings. The headings of the paragraphs contained herein are intended for
reference purposes only and shall not be used to interpret the agreements contained herein or the
rights granted hereby.
10. Counterpart Agreements. This Easement may be executed in any number of
counterparts and shall be binding upon each party executing the same or a counterpart hereof
11. Governing Law. This Easement shall be construed in accordance with and
governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day
and year first above written.
CASCADE II LAND DEVELOPMENT
COMPANY
By:
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged this _ day of
2005, by , the
of Cascade II Land Development Company, a Minnesota corporation.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY
Larkin Hoffinan Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(952) 835-3800
1038281.1
Site Plan:
EXHIBIT A
to
COMMON ACCESS, DRIVEWAY AND PARKING EASEMENT
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EXHIBIT B
To
COMMON ACCESS, DRIVEWAY AND PARKING EASEMENT
Legal Description of Easement Parcels:
Lots 1 and 2, Block 1, and Outlot B located in the plat of LaBeaux Station, City of Albertville,
County of Wright, Minnesota.
1038281.1