12-019CITY OF SHOREWOOD
RESOLUTION NO. 12 -019
AMENDING RESOLUTION NO. 12-011
WHEREAS, Shorewood Resolution No. 12 -011 (the Resolution) was adopted by the City
Council on 27 February 2012, approving a minor subdivision, combination and variance for
Mike Cannon; and
WHEREAS, the Resolution included Exhibit F, Combined Grant of Easement and
Shared Private Driveway Maintenance And Improvement Agreement; and
WHEREAS, Mike Cannon and the buyer of the southerly lot have drafted a revised
agreement and desire to replace Exhibit F with a new Exhibit F, Shared Driveway And Grant of
Easement Agreement, attached hereto as Exhibit A and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The Deputy City Clerk is hereby authorized to replace Exhibit F, Shorewood
Resolution No. 12 -011, with Exhibit F, Shared Driveway And Grant of Easement Agreement,
attached hereto as Exhibit A and made a part hereof.
2. Mike Cannon shall cause Resolution No. 12 -011 together with revised Exhibit F,
described in Exhibit A, attached hereto, to be recorded with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHORE WOOD this 26th
day of March, 2012,
L ' . 4
CHRISTINE LIZEE, MAYOR
ATTEST:
AN� HYN, DEPUTY CITY CLERK
SHARED DRIVEWAY
AND GRANT OF
EASEMENT AGREEMENT
This Driveway Use Agreement for properties located at 28170 Woodside Road ( "North Lot ")
owned by Michael J. Cannon and Elizabeth A. Cannon, husband and wife ( "Cannons "), and
28180 Woodside Road ( "South Lot ") owned by MJ Consulting LLC, a Minnesota limited
liability company ( "Seller "), both lots being in Shorewood, Hennepin County, Minnesota 55 33 1,
shall be effective as of Date of Closing (anticipated to be March 28, 2012), of a Purchase
Agreement dated January 3, 2012 by and between Seller and Thomas J. Schrepel and Velinda L.
Schrepel, husband and wife (Buyer ").
Recitals
Whereas, the Purchase Agreement between the parties included an Exhibit C, calling for
the parties to negotiate a Shared Driveway Agreement/Cross Easement Agreement on or before
closing;
Whereas, this Driveway Use Agreement is the Agreement called for in Exhibit C;
Whereas, the Schrepels are buying the property known as the South Lot from Seller via a
Purchase Agreement signed and dated by both parties on January 3, 2012;
Whereas, the purpose of this agreement is to assure:
i) that the Owners of the North Lot maintain the existing access to their
residence from Woodside Road;
ii) the Schrepels are allowed the maximum hardcover for new construction on
South Lot; and
iii) driveway access between North Lot and Woodside Road be terminated
upon the sale or removal of residence (as more fully defined below) on
North Lot.
THEREFORE THE PARTIES HERETO HAVE AGREED AS FOLLOWS
Definitions
North Lot Parking Pad — The bituminous surface that resides partially on South Lot and
provides access to garage on North Lot.
Current Driveway Configuration — The combination of the North Lot Parking Pad and the
bituminous surface that provides access to and from Woodside Road to North Lot and South Lot
as of January 3, 2012.
Woodside Road Access — The portion of the Current Driveway Configuration or Driveway
Reconfiguration that provides access from the North Lot Parking Pad to and from Woodside
Road
Current Driveway Easement — The existing driveway easement that formally defines the
Current Driveway Configuration that is shared by both North Lot and South Lot.
Reconfiguration Date — The date Driveway Reconfiguration must occur to allow site plan for
South Lot come into compliance with City of Shorewood Hard Cover requirements. The date
will be before Buyer receives a Certificate of Occupancy for the new construction on 28180
Woodside Road.
Exhibit tai
Owners of the North Lot - designated Dweller — Any party designated by Owners of the North
Lot to reside at North Lot in its current location. Owners of the North Lot will inform Owners of
the South Lot of such designation
Future North Lot Buyer — Any party that acquires title to North Lot from the then current
Owners of the North Lot.
Future South Lot Buyer — Any parry that acquires title to South Lot from Buyer or the then
current Owners of the South Lot.
1. Use and Maintenance of Current Driveway Configuration
1.1 Buyer, Owners of the South Lot and Owners of the North Lot agree to allow
mutual use of the Current Driveway Configuration until Reconfiguration Date.
1.2 Primary use of the Current Driveway Configuration is for ingress and egress for
each respective property to and from Woodside Road.
1.3 Owners of the North Lot may park cars on North Lot Parking Pad as long as it
does not impede ingress or egress for South Lot.
1.4 Buyer and Owners of the South Lot may use Woodside Road Access portion of
Current Driveway Configuration for construction purposes. Such use will not
impede ingress or egress to Woodside Road from North Lot Parking Pad.
1.5 Owners of the North Lot are responsible for maintenance of the North Lot Parking
Pad, including, but not limited to snow plowing, edging, maintenance, repair,
etc.
1.6 Buyer and Owners of the South Lot are responsible to fix any damage to North
Lot Parking Pad should such damage occur due to construction traffic.
1.7 Buyer, Owners of the South Lot and Owners of the North Lot agree to share
maintenance of the Woodside Road Access, including, but not limited to snow
plowing, edging, maintenance, repair, etc. Owners of the South Lot and
Owners of the North Lot agree to approach maintenance jointly. Any
maintenance that creates an expense requires written agreement of Owners of
the South Lot and Owners of the North Lot.
2. Driveway Reconfiguration
2.1 Buyer, Owners of the South Lot and Owners of the North Lot agree that the
driveway will be reconfigured according to the Site Plan for the South Lot
new construction to assist Owners of the South Lot in compliance with
hardcover requirements.
2.2 Driveway Reconfiguration will reduce North Lot Parking Pad to 18.5 feet in width
and 27 feet in length (500 square feet in surface area) and Buyer will remove
all other bituminous material from Current Driveway Configuration. An area
14 feet in width and 27 feet in length immediately adjacent to the east of the
North Lot parking pad will be landscaped in a manner that allows for
exclusive use by North. Lot in a manner consistent with the terms outlined in
this agreement. North lot owner is responsible for said landscaping.
2.3 Owners of the South Lot agree that Driveway Reconfiguration will continue to
provide North Lot with the same access to Woodside.
2.4 Driveway reconfiguration will take place on Reconfiguration Date. Buyers,
Owners of the South Lot and Owners of the North hot will agree to an
acceptable date.
2.5 Buyer shall be responsible for all Driveway Reconfiguration costs.
3. Release and cancellation of Current Driveway Easement
3.1 Owners of the North Lot will provide Owners of the South Lot with copies of any
documentation in their possession pertaining to the Current Driveway
Easement.
3.2 On or before the Reconfiguration Date and subject to the consummation of the
closing referenced in the introductory paragraph above, Owners of the South
Lot and Owners of the North Lot will execute and deliver to Buyer, any
documents prepared by Buyer and deemed necessary to release and cancel the
Current Driveway Easement
3.3 Buyer will be responsible for filing costs of the documentation referred to in 3.2,
above.
4. Use and Maintenance of Driveway Reconfiguration
4.1 Owners of the South Lot agree to allow Owners of the North Lot, North Lot
Designated Dweller or Future Renter of North Lot use of the North Lot
Parking Pad and Woodside Road Access until this Agreement is terminated as
described in Paragraph 5, below.
4.2 Owners of the North Lot or Future Renter of North Lot may park cars on North
Lot Parking Pad as long as it does not impede ingress or egress for South Lot.
4.3 North Lot Parking Pad may not be used for clutter, such as garbage containers,
unused toys, bikes and canoes.
4.4 North Lot Parking Pad is intended for cars and may not be used for long term
storage of RVs or boats.
4.5 Owners of the North Lot, Future Renters and Owners of the North Lot - designated
Dweller assume all obligations hereunder and are responsible for maintenance
of the North Lot Parking Pad, including, but not limited to snow plowing,
edging, maintenance, repair, etc.
4.6 Owners of the South Lot and Owners of the North Lot or Owners of the North
Lot - designated Dweller agree to share maintenance of the Woodside Road
Access, including, but not limited to snow plowing, edging, maintenance,
repair, etc. Owners of the South Lot and Owners of the North Lot agree to
approach maintenance jointly. Any maintenance that creates an expense
requires written agreement of Owners of the South Lot and Owners of the
North Lot.
Termination of Use
5.1 This agreement will remain in place between Owners of the South Lot and
Owners of the North Lot until Owners of the North Lot either:
5.1.1 Sell the North Lot or
5.1.2 Remove the dwelling on North Lot from its current
location.
5.1.3 If the dwelling on North Lot remains and Owners of
the North Lot remain in ownership of North Lot but
do not continue to reside there, the agreement is
deemed assumed by any party that reside there.
5.2 Termination of use due to Owners of the North Lot removing structure on North
Lot.
5.2.1 If Owners of the North Lot choose to remove current
residence from North Lot, this Agreement shall terminate
5.22
on the date that said residence is removed and Owners of
the North Lot will no longer have the use of either Current
Driveway Configuration, Driveway Reconfiguration or
North Lot Parking Pad. After such time, access to North
Lot from Woodside Road must be independent from South
Lot.
5.2.3
Owners of the North Lot agree to remove bituminous North
Lot Parking Pad at the time residence on North Lot is
removed.
5.2.4
Owners of the South Lot will be responsible for
landscaping the area of removed bituminous.
5.3 Termination of use
due to Owners of the North Lot selling North Lot.
5.3.1
If Owners of the North Lot choose to sell North Lot, this
Agreement shall terminate I year from the date of closure
of said sale and at which time Future Woodside Buyer will
no longer use Current Driveway Configuration, Driveway
Reconfiguration, or North Lot Parking Pad.
5.3.2
"Sale" shall not include transfers between spouses, for
estate planning purposes, to direct descendants or siblings
of either Michael or Elizabeth Cannon or the result of a
death or a dissolution of marriage.
5.3.3
Future North Lot Buyer agrees to remove bituminous North
Lot Parking Pad at the time residence on North Lot
Woodside is removed. Owners of the North Lot will assure
that Future North Lot Buyer is aware of said responsibility.
5.3.4
Owners of the South Lot will be responsible for
landscaping the area of removed bituminous.
6 Survival of Agreement
6.1 If Buyer sells South Lot before a termination event as described in 5
above, this agreement is assignable to a Future South Lot Buyer and
the rights and responsibilities within this agreement shall be deemed to
be assumed by a Future South Lot Buyer until such a termination event
occurs.
6.2 The easement rights over South Lot which this agreement grants to and for
the benefit of the Current or Future owners of North Lot shall run with
the land and shall tenninate only by the happening of one of the events
described above or by mutual agreement of all parties hereto.
Owners of the North Lot:
Michael J. Cannon Date Elizabeth A. Cannon Date
Owner of the South Lot /Seller:
MJ Cannon Consulting LLC
C
Michael J. Cannon Date
Chief Manager
Buyers:
Thomas J. Schrepel Date
State of Minnesota
County of Hennepin
Velinda L. Schrepel Date
This instrument was acknowledged before me on _
Cannon and Elizabeth A. Cannon, husband and wife.
(Stamp)
State of Minnesota
County of Hennepin
2012, by Michael J.
signature ol notarial ojjicer
Title (and Rank):
My commission expires:
mont ay year
This instrument was acknowledged before me on , 2012, by Michael J.
Cannon, as Chief Manager of MJ Cannon Consulting LLC, a Minnesota limited liability
company, on behalf of the company.
(Stamp)
signature oj notaraa. o icer
Title (and Rank):
My commission expires:
wont cry year
State of Minnesota
County of Hennepin
This instrument was acknowledged before me on _
Schrepel and Velinda L. Schrepel, husband and wife.
2012, by 'Thomas J.
(Stamp)
sagnatu� ^e oj notarial o acer
Title (and Rank):
My commission expires:
n1ont ay year
THIS INSTRUMENT WAS DRAFTED BY:
Thomas J. Schrepel