HomeMy WebLinkAboutProposal to Split Lot - Beneke
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TO:
FROM:
DATE:
RE:
CC:'
Sue McDermott, City Engineer
Bob Hutchins, Building Official
Steve Horsman, Zoning Administrator
Connie Carlson, Planning Secretary
Jane Kansier, Planning Coordinator ~
April 9, 2001
Howard Lake Property - PID #25-204-002-0
Don Rye, Planning Director
Frank Boyles, City Manager
We have received correspondence from Mr. Brad Beneke about the possibility of
building on the east portion of Lot 2, Block I, Howard Lake Estates (see attached
legal description). This property is owned by DuWade and Nancy Harris and is
currently being advertised for sale as a buildable lot.
The Planning staff has done extensive research on this property. There is an
existing house located on the west half of Lot 2. The lot was subdivided
sometime between 1987 and 1992 when Mr. Harris recorded a deed with Scott
County. This subdivision was not reviewed or approved by the City of Prior
Lake. The east half of Lot 2 does not meet the minimum lot area or the density
requirements for the A (Agricultural) District. In 1987, Mr. Harris requested a
variance to these provisions but was denied by the Planning Commission.
Therefore, this lot is not recognized as a buildable lot.
Mr. Beneke is concerned that Mr. Harris will attempt to sell this lot, construct a
driveway and obtain a building permit. Please be advised that no permits may be
issued without approval of the necessary variances. Please keep this information
in mind if you receive any inquiries about this site or any applications for
development of this site. I would also appreciate it if you would pass this
information on to your staff.
Thank you for your attention to this matter. Please let me know if you have any
questions.
Attachments:
1. Location Map
2. Legal Description
1:\Olfiles\Olcorres~ane\lot 2, howard lake.doc
Lqt 2, Block 1, Howard Lake Estates
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Bill No. Parcel No.
R 15753 R 252040020
, '2'001
Inquiry
Name Taxpayer/Legal Info
DUWADE N & NANCY J HARRIS 0
APPLE VALLEY MN '5'5'1'24"""
Tax Code~
Twn/SclL 0800
Spec D:.st 509
User Codes
TIF Diftrict
propertYtAddress
15220 HOWARD LAKE RD NW
SHAKOP E 55379
Legal DeIcriPtion
Sect/T n/Range
plat 5204 HOWARD LAKE ESTATES
Lot/Block 002 001
EX COM NW COR, SE 85.94', SW
277.84 , SE 93.63', SE 566.86'
SW 100 , SE 41.87', SW 18.49',
SW 78 .li8', SW 63' TO SHORE, NW
ALONG ~HORE 460' TO W LINE, N More Legal? Y
A=CSM B=TSM C=DQ D=NAL E=TR F=SP P=PA S=GS U=CAMA
District
0720
164 505
Code
2010
507
548
Taxpayer 30534
DUWADE N & NANCY J HARRIS
13227 HUNTLEY CT
APPLE VALLEY MN 55124-9484
Alternate
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14 2, Block 1, Howard Lake Estates
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April 4, 2001
Mr. Frank Boyles
City of Prior lake
16200 Eagle Creek Ave. SE
Prior lake, MN 55372
Dear Frank,
This letter is written to thank you and your staff - specifically Jane Kansier and Connie
Carlson - for the research and communication of the City of Prior lake's (City) position
on building rights on an unrecognized lot on the Howard lake Estates (land). I am
especially appreciative, as I do understand your resources are constrained yet the
demand for services continues to rise. I was impressed with the professional effort in
timeliness and quality of work that I received from them.
The purpose of this letter is to update the City on recent developments on this issue,
provide background material for your files on those developments, and urge you to
continue to maintain the position you have held for more than twenty years.
The concem I expressed in my August 3, 2000 letter (attached) will present itself this
spring. Mr. DuWade Harris (Harris) continues to try and circumvent the City's rulings
(1980, 1987, and 2000), its Zoning Ordinances, recommendations of its staff, and the
Protective Covenant controlling the development in Howard lake Estates as I have
been notified by his attomey that he will move ahead on developing this land.
Historv
. Harris, the original developer of Howard lake Estates in 1978, platted five lots
(copy of original plat attached) for sale.
. Harris requested a variance from the City in February 1980 to divide the land into
2.5-acre parcels. The City (attached) denied the request.
. Harris, by his own acts and with legal advice, on May 1, 1987 recorded a Protective
Covenant (attached) on lot 2 (the land in question) and other lots, that states "No
lot shall be used except for residential purposes. Only one dwelling shall be erected
on each of the lots. . ." This was done during a sale of lots 3, 4, and 5 to Mr.
Manthey and to bring the development into compliance with the then revised Zoning
Ordinance of 4 units per 40-acre density formula (lot 4 and 5 were combined).
Harris used this Protective Covenant affirmatively in a defense to Mark Manthey
(owner of lots 3, 4, and 5) suit against Harris; Manthey prevailed.
. Harris requested a variance from the City in November of 1987 to change the
original platting by dividing lot 2 (land in question) and increase agricultural density
by one unit. The City (attached) denied the request.
. At least two other times after 1987 Harris requested a building permit (once for PID
2040020 and once for PID 2040021) for the subdivision (Land) in question and was
denied (attached)
. Harris recorded an easement (attached) March 1, 1988 on Lot 1 for the benefit of
Lot 2 (Land in question) based on the original five-lot platting.
. Beneke recorded his warranty deed to Lot 1 in July 31, 1991 with the original
platting, Protective Covenant, and City rulings in place.
. Harris, knowing the City had denied his subdivision attempts previously, created a
subdivision during the sale of Lot 2 of Howard Lake Estates to Mr. Schiffman on
September 3, 1991 when recording the warranty deed at Scott County. His excuse
is no notice to the City was necessary because the City of Prior Lake had not yet
filed its Subdivision Ordinances with the county.
. The City, in an August 2000 letter to Beneke (attached), reaffirmed it does not
recognize the subdivision and will not issue any building permits. The City
continues by pointing out the 13.8 acre lot does not meet the Zoning Ordinance as a
minimum lot area is 10 acres - not including wetlands, ponds, and so on - is
necessary.
Recent Develooments
Harris is still trying to find a way around his own business decisions (in the November
11, 1987 Minutes of the Prior Lake Planning Commission it states "Mr. Harris stated that
due to the wooded area and a misunderstanding on his part when the platting was done
in 1978 the property can't be used or sold unless it could be divided.") concerning the
Land; decisions he was solely responsible for and not forced to make. This is being
done for his own economic gain; gains that results in harm to others and alters the
reliance's that were present at the time of purchase.
He continues to try and circumvent the City's rulings, the Zoning Ordinances and the
Protective Covenant by building on an easement that is good only for residential use
and continues to try and sell it as a "buildable" lot (attached). He is also representing to
the public a non-original platting of the land (attached) dated 9/12/95 from the Martinez
Corporation.
The Harris attomey, in a letter dated March 14,2001, states he will "commence
improvement and use of the easement area immediately." I believe his next move will
be to request a variance based on economic hardship (i.e., the money spent on the
driveway and his time, effort, and cost put into selling this "legal lot").
Through my attorney, in a letter dated March 15,2001, Harris was informed I would
remain vigilant in the enforcement of the Protective Covenant, Zoning Ordinances and
previous City of Prior Lake rulings on the matter.
I have spoken with Mr. Bryce Huemoeller and Connie Dunwell at Scott County and
discovered it is possible that the subdivision itself is "legal" (i.e., it was registered legally
with the county during the period of time when land owners did not have to notify the
city of a subdivision) and still not be "legal to build on" because of other controlling
factors (Le., Zoning Ordinances, City rulings, Covenant protections, etc.).
I have also spoken with Ms. Kansier and understand that until construction on this
driveway begins only then can I ask the City to insure he has a permit and is
constructing the driveway in accordance with all local and state ordinances. This will be
a challenge for Harris as the easement runs along wetlands and cuts through steep
hillsides on my land that could be affected by sliding unless proper retaining walls are
constructed.
As suggested, once this construction begins, I will ask the City of Prior Lake to exam
the permit (if one has been granted) for adherence to regulations. Please accept my
apology for having to create more work for your valiant staff because Harris persists in
spite of the City's rulings and Protective Covenant. The following describes why his
persistence should not be rewarded:
City of Prior Lake Zonino Ordinances
Harris has a long history of trying to change the density of the original development and
has recently made another attempt to defeat the City of Prior Lake's Zoning Ordinances,
staff rulings and the Protective Covenants controlling Howard Lake Estates.
Records from the City of Prior Lake indicate that Mr. Harris has requested a variance
from the City in 1980,1987 and at least two times thereafter - specifically to Lot 2, the
Land in question - to permit him to increase the density of the original platting. The
Planning Commission denied Mr. Harris' request for variances on all occasions. The
City's staff analysis (see attached) of Harris' variance request indicated they could not
see a need to vary the section of the code. The staff went on to state that the granting
of any variance would be arbitrary and capricious and would result in future inconsistent
applications.
The staffs analysis went on to say that Mr. Harris' attempts to use a variance as a
"vehicle to make his property buildable" was misplaced. The reasoning was that if the
section restricting Harris' ability to build was too severe or did not adequately address
the needs of the City's consumers or the intent of the comprehensive plan, an
amendment to the zoning ordinances would be in order, not individual variances. In the
staffs analysis, a variance should only be used to deviate from setback requirements
due to unusual features or dimensions in the lands.
The staff went on to state that standards should never be deviated from without special
circumstances, because it will usually give someone and undeserved economic
windfall. In closing, the staff concluded that Harris' application should be denied.
Protective Covenants
On May 1, 1987 - before the recording of the easement over Lot 1 and warranty deed
that subdivided Lot 2 - a Declaration of Protective Covenants (attached) was signed and
recorded covering Lot 2 (and others) on Howard Lake Estates.
The Covenants placed restrictions on the use of the property and the nature and
number of dwellings that could be built on the lots. The Covenant was written and
recorded solely by Mr. Harris with legal advice. The pertinent part is Paragraph 1 of the
Covenants providing; "No lot shall be used except for residential purposes. Only one
dwelling shall be erected on each of the lots. . ,"
In the Harris attorney's letter (attached, footnote on page 4) to Professor Bakken dated
March 2, 2001, Harris admits "A covenant is a restriction on the use of property. . . The
restriction under the Covenants is to the building of a dwelling and limiting use to
residential. . ."
Currently, because there is one dwelling built on Lot 2 (as defined in the original platting
and consistent with the Protective Covenant and City of Prior Lake's non-recognition)
no additional dwellings may be built on Lot 2. Accordingly, without changes in the
Covenants, the Harris 1991 subdivision can only become buildable if the dwelling on Lot
2 is removed and the Harris property assumes the right to build the one dwelling that is
allowed under the Covenants.
SummarY
In my discussions with the City of Prior Lake it is my understanding the City never
reviewed or approved the subdividing of Lot 2 and has not recognized the additional
parcel as a legal lot of record or a buildable lot. It is my understanding the City will not
issue any building permits for the Harris property in question because there is no
compelling reason to vary from the Ordinances and Zoning regulations. Furthermore,
the Protective Covenants binding Howard Lake Estates makes it clear that only one
residential dwelling can be built on a Lot; and that one building is already built on Lot 2
of Howard Lake Estates. The current attempt by Mr. Harris - after the City of Prior Lake
has refused multiple times his requests for a density variances, and after the Protective
Covenants he recorded was set in place - is to "sneak" around the City and the
Covenants intent by subdividing and developing the Land should not be rewarded.
Reauest
I believe, after an examination of the original platting, Protective Covenants, Zoning
Ordinances, City of Prior Lakes' staff recommendations, District Court and Arbitration
records, the City of Prior Lake will continue to hold firm the non-buildable status of the
subdivision in question. I also ask the City to examine the driveway that Harris intends
,..-16- luild to insure it meets all controlling regulations.
( ~"R - ectf lIy,
Brad Beneke
Brat! BCMd,c. 15290 Howart! Lal,c Rt!.. Shakopcc. MN 55379
b k btMtllOao leom
August 3, 2000
Ms. Jane Kansier
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
Dear Jane,
This letter is written to bring to the attention of the City of Prior Lake (City) an
information gap that - if not known by City staff - could result in a considerable amount
of time and resources being wasted by the City and individual taxpayers.
The issue is, without this information (see enclosures) the City might improperly
approve a building permit in a development (Howard Lake Estates) and thereby exceed
the building site capacity and the previously agreed to protective covenants of the
current residents in the development.
A short history is as follows: the "Howard Lake Estates" was developed with five (5) lots
and building permits to be issued (see enclosed plate map). Subsequently, the
developer tried several times (reference your database) to increase the capacity in the
development and was denied each time by the City of Prior Lake.
In an attempt to circumvent the City's decisions, the developer tried to back out of a
transaction with the Manthey's (see enclosed court data); Manthey won after suing the
developer concerning the number of buidable lots. The five building permits belong to
John Schiffman (1), Mark Manthey (3), and myself, Brad Beneke/Dr. Carolyn Torkelson.
Currently, and contrary to the City and Court's decisions, the developer is advertising a
13 acre lot as "buildable" even with knowledge of the aforementioned.
A great waste of time and resources would arise if the City unknowingly issued a
building permit for this lot and thereby forced a legal contest that could include the
developer, current owners on the Howard Lake Estates, the City of Prior Lake and the
real estate agencies involved.
~I.
I believe if you have a staff member investigate the original plot, zoning ordinances,
subsequent request to increase the density, protective covenants and the court records
you will see the validity of the issue identified in this letter. Thank you for your
c eration and consideration.
Brad e
Cc: Frank Boyles
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MEMORL\L
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OOCUME.ll klh'OOf I DATE Of IHouJ DAlE Of
NUt.1BEI IHSTRUMfNJ REGISTRATION A...lIlIINSTAUMENT
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DECLARATION OF PROTECTIVe COVENAHTS
The i.lnder~igr:ed, Du\oJade N. Harri~ and Nancy J~ H3rris. hus.band and wife~
fee owners of the followin~ des(.ribed tracts or parcels of land lying in and
being in the County of Scott and State of Minnesota; to-wit:
Lot 2,3,4, and 5, Block 1, Howard Lake Estates ana That
part of Lot 1, Block 1, EXCEPT: That part of Lot I, Block
1, Howard Lake Estates described .s commecing at th~
northeast corner of said Lot Ii thence on an assumed bearing
of South 3038' 22" West, along the east line of said Lot I,
a distance of 115.97 feet to the actual point of beginning
of the land to be described; thence south 260 02' 55" West a
distance of 75.05 feet; thence South 550 OB' 26" East a
distance of 33.11 feet to the east line of said Lot I;
thence North 30 38' 2211 East, along the east line of said
Lot 1, a distance of B6.05 feet to the actual point of
beginning.
do hereby make the following declaration as to the limits and uses to which
the above described property may be put, hereby specifying that said
declaration shall constitute covenants to run with all of said lots, as
provided by law, all of which shall be binding upon all parties and all
persons now or hereafter at any time claiming ownership of any or all of said
lots, this declaration having been designed and established for the purpose of
keep1 n9 said lots and structures thereon desirable. Such limits and uses are
as follows:
1. No lot shall be used except for residential purposes. Onlyone
dwell; ng shall be erected on each of tho lots except that only one dwelling
Shall be erected on Lots 4 and 5 combined, that is Lots 4 and 5, Block 1 shall
const i tute one buildable let.
2. The size of any dwelling, exclusive of one story open porches and
garages, shall be: aJ in the case of a single floor dwelling, not less than
1,400 square feet in the area of the main floor; or b) in the case of a story
and a-half dwelling. not less than 1,000 square feet on the mairl fleor level
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and a total on the main floor and second floor of not less than 1,800 square
feet; or c) in the case of a split-entry dwelling, not less than 1,100 square
feet in the area on the upper floor; d) in the case of a two-story dwelling,
not less than 1,lCO square feet on the main floor and a total on the main
floor and second floor of not less than 2,200 square feet.
IN TESTIMONY WHEREOF. the undersigned have caused this declaration to be
,';r
eXecu ted th; s ~ day of
r1j-t'l
I
. 1987.
n~w~~ /~t-- I
!~ade N. HarriS!:!' Jf, -
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Nancy J. Harrls,
STAlE OF MINNES01Al
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COUNTY Of DAKOTA )
The foregoing instrument was acknowledged before me this
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i -' day of
i "1'/ . 1987, by DuWade N. Harris.
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STATE OF MINNESOTA)
)S5.
COUNTY Of OAKOT A )
Notary Public
l@PATRICK W. STEWART
>> MOtMT PUBUC - ......uoT...
DAKOTA COUNTY
If)' ... . bPI'"Aug. ,.. "..
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day of
The foregoing instrument was ack.nowledged before me this
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, 1987, by Nancy J. Harris.
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This Instrument was Drafted By:
Patrick W. Stewart
Stevens, Stewart & Egan
218 Marquette Bank Building
14300 Nicollet COUI"t
Burnsville, MN 55337
I@PA'nl1CKW.STEWART"
.1J MOTM'Y~- . M"~
OAKOTA COUNTY
_ ...y (o/l'l"'....on ~Pl,.. AI.Ig. 1., '189 .
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DECLARATION UF DRIVEWAY EASEME"T
A~D MAI"TE"A"CE AGRllHE"1
1O~.1l $',l''l.~,
I- ~q.o5. 1O:!6
Scott County Abttraot and Thle, Inc.
223 Holm.. Sll'9flt, P.O. Box 300
$hekopM, MN e&319
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DELCARATlD" mad" this 11 day of
February
, 1988, by OuWade ".
Harris a.nd Nancy J. Harris, husband alld wife, herei!'llfter referred to as
"DEClARANTS' .
RECITALS
A. DECLARAnS are the fee owners of the Scott County real property
described as follo\tloos:
P~.RCEL 11. The East 200.00 feet, as measured at right
angle~ to the East line thereof, of Lot 2, Block 1.
HOWA~D LAKE ESTATES according to the plat thereof on
file and of record in the office of the County Recorder,
Scott County, Minnesota.
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HRCEL 111. Lot I, 910ck I, HOWARD LAKE ESTATES
"accorolng to the plat thereof on file and of record in
the office of the County Record~r. Scott County,
Minnesota, except that part described as commencing at
the Northeast corner of said Lot 1; thence on an assumed
bearing of South 3 degrees 36 minutes 22 seconds West,
along the East line of said lot I, a distance of 115.97
f~et to the actual point of beginning of the land to be
descr i bed; thence South 26 degrees 02 minutes 55 seconds
West a distance of 75.05 feet; thence South ti6 degrees
08 minutes 26 seconds East a distance of 33.11 feet to
the East 1 ine of said Lot 1; thence "orth 3 degrees 38
minutes 22 seconds East, along the East line of sold Lot
1, a distance of 86.05 feet to the actual point of
beginning.
B. OECLARA"TS wish to Impose a roadway easement upon Parcel I II to
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provi de ingress and egress to Parcel I I hereina
Co. DEClARANTS wish to provide a method of allocating the construct lon,
maintenance. and repair of said roa\1way to the beneficial users of the
roadway.
NOW, THEREfORE, DEClARAI'ITS state that the real property described herein
as Parcel 11 and Parcel III shall be held, transferred, sol d, con'w'eyed anlj
WUOW'u 3-01-8811072
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occuPied, subject to the covenants, restrictions, easements, charges and liens
hereinafter set forth.
.
1. Orheway. OECLARANTS state that a driveway easement is hereby
imposed on the following described property:
DRIVEWAY EASEMENT
A strip of land 24.00 feet In width over that part of
Lot 1, Block 1, Howard Lake Estates according to the
plat thereof on file In the office of the County
Recorder, Scott County, Minnesota, the centerline of
which Is described as follows:
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Commenci ng at the Northeast Cor'ner of said Lot 1: thence
North 44 degrees 18 minutes 33 seconds West on an
assumed bearing along the northerly 11no of Lot 1 a
distance of 30.67 feet to the poInt of ~eginnlng of the
center1 ine to be described; ther,ce South 39 degrees 07
minutes 32 seconds West a distance of 257.75 feet;
thence South 73 degrees 15 min!Jtes 38 seconds West 11
distance of 15B.52 feet to the Ilest 'ioe of Lot 1 and
there terminating; the side 1; .s of said 24.00 foot
strip shall be lengthened or shortered to terminate at
right angles to tho northerly and the West lines of Lot
1.
2.. Description of "Owner.... For purposes of this Declarat'lon, owner
shall mean and refer to the record owner, whether one or more persons or
entlti es of a fee simple title to Parcel II or Parcel III, or any contract
purchaser th~reof) but notwithstanding any applicable theory of 1 aw, o~;ner
shall not mean or refer to a mortgagee ullless and until such mortl}clgee has
acquired title pursuant to a foreclosure or any prllceed'lng in lieu of
forer.l osure.
3 _ Use of Easement. Every owner shall have a perpetual right and
easement of ingress and e!l!'ess over and UpOli the property described 1n
paragr aph 1 of this Declaration. Any owner m.y delegate his right to ingress
and egress over the easement to members of his family, his tenants, or
CO:itract purchaser's who reside on the property. There shall be no obstruction
r;!I'
~W''''F~''''.
"''rll';:t!i.'.
... .,
Mlr"'i'JlllWf 'm-~~ -
~ :rrp..
. '~"':M
-. .
'-
~.
"411 ......, . " . I' I" . ~ -. '. ~ft,.~~:l-,-;~ .~'\~',':.n~.
' "1'.. . . \ .-"( '.' ~,' . ~. I~I l . . ..". ". , ,i'. 1lW~. " vi"'!"
iJI-' h . ~-l 'i . "j) '.~j r~ . I', ., I'. " " . , J. ,."" . " ..,
1:;- J~:',"Il" "41". ?/If, (-(r'......,~. ..:~': j~ f l-" ,<_" '" ~ "' ~
~\,
,J;..
.,' ."( { :'. )''14;<
,~ , , . . , r . . "
. . }, 1..:". .
of any nature upon the easenent
.
I
(~:'[.~:,~,-.
""' ');'-jj,:
4. Construction of Roadway. Declarants statetllato't't. .
. ,,' ":','f':"-
filed In conter..platlon of a sale of Parcel III heretn. constqUelltti~'(.
'-, """'ft,.-", 'f':
of Parcel III shall solely be responsible for the constructlOll ot..~r ,
providing service solely appurtenan,'. r.o a st~ucture bullt on parcel'li'fi,)'.;fUp"
, " "- - ~"''''.
an ultimate sale of Parcel [I. the owner of Parcel II ,!!:~'n be-soi."~i.
'~^~
responsible for construction of the roadway !C.~r'face necessary to prOV,'d.~~..
ingress and egress solel)' appurtenant t" Parcel II.
5. Maintenance of R~~dwaY.
~,
A. COI'P.;'"'lon Roadway Surface - The owners of Parcel II and
ParcP.:i III shall be responsible on an equal basis for
th~ cost of maintenance, improvements, and repair of
roadway surfaces providing common access to their
parcels.
B. In''-'ividual Roadway Surface _ Each owner,
individually, shall be solely responsible for the cost
of ma'jntenance, improvement, and repair of any roadway
surface which provides ingress and egress solely
appurtenant to his parcel.
6, Perpetual. This Declaration of Driveway Easement and Maintenance
Agreement shall be perpetual in nature and any real property described herein
shall be held, transferred, sold, conveyed and occupied subject to the
covenants, restrictions, easenents, chilrges, and liens of this Declaration.
7. Arbitration. Any c..:ontroversy or claim arising out of, or relating to
t his Dec 1 ar at i on or the breach thereof, shall be settled by arbi trati on in
accordance with the rules in existence with the Americ~n Arbi.....ation
As s ol.:i~tion, and jUdgment upun the aWilrd rendered by arbitration may be
entered by any cOllrt ha'.:ing jurisdication thereof.
. . . .. '. . .. ...... ~ .
~. ,.. . r' . '..
'. . "l '" "'. _ .' .. .'. ~
. . .... ",""... "
, .
Any award in arb1tratiun may include an award for attorney.s fees .~tld
expenses against a party to the arbitration.
IN WITNESS WHEREOF, the undersign.d individuals, have hereunto set their
hands the day and year first above written.
w~
Vj~~;.!.fL0
STATE OF MINNESOTA)
)ss.
CllJ"TY OF lI'\KOTA )
~~The fO,regOing instrument
-I' . ~ 1988, by DuWade N.
a:a LJec yan ts.
was acknowledged before me this // day of
Harris and Nancy J. Harris, husband and wife,
Cl~~~~~-L::
~JfU'D(lC
THIS INSTRlMENT WAS DRAFTED BV:
€f 8All1INlA I'I8HEPl
.iJ MOTAIIY "'-'D _ "
. HENNEPIN COUNTY'
. ..,.- .......".,...-
Douglas M. Stevens
Attorney at L.w
14300 Nicol1et Court, #218
Burnsville, Minnesota 55337
t>t"'...., N041 R:i8ru....:t.L.38
vo:u.IIl...:iL'.qi'LC.rtllicalt mJ;9
0Ui0e 01 LQiltr.r of Title.
Ic.ott CouaI7. Mlll.ll.ellOkl
J b.eb, awtLf7 thet the within IIl..trulll"lll
.... IUed .. tba. oU~ fol' recu~ on
tbe J d., at /11' A~ ~~"""D
~~.I 1":30 )'.cl'2....tt~
..., ~IJ'~_," ~ ~ ...
~ L R~~u.rol Tule
., - ~ -* o-.puty
10""
~
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TtC'lll 111, Pl-Yt'V I IllVlIll'l' ! \t Ii.. "'II! :1)' [,"Ii":' 'II
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1 I I I" ' !' ~, P' 1 !' ! ' \ , 1
lilll i'I" ',c'lll ,It thc' lIil'cting,
,."..."
I
~Ir. Ci 111;~h Ih'iVd tll,\l lilt':. ;11'1_' :'\''111' ',I ill~
and Hi ,:)\W;IY j,<;. The P)'l)l'o" ,tI 11 ;(' tll jl
Illis \\' 'llld Ill' :1 \'Ol1dOllli 111 11111 t\,)l(' ''':ljlll'
: \' '(\ 1 \ ~ ) I ( , ,
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';11 I 1';i!1I.] in "1'1';11
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St:lff lOlct! th;11 tll"
COlllTllUll 1 ty PillS i ill'S',.
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Lllr 7''.',',-'1111:1<.' ;ltllll' 1\\ ':,,'hldlll,' ,I ]'IJIl!IV !1(':ll'ill,l;,
In p,
~lot i on \\',IS ilI,\dc h)' ,J ()hll~()ll fl' -;chv (111 Ic- " 1'1'" , " 11t':1 II Ill: rtl t th i !{v ~(ln i Jl,!.' I .l'q 1;~'S t f('Jl' 7 : 30
PM Oil :eh I'll;' I'y :'J 1 (),~{) ';('C'l!l,Jr.d h:. l\:ln:11 " lJjlilll " :il1 " :lkL':l t-Ill. "!ICtt in!1 h':1 <-', dill )' passed.
Item r - \',lri;llll'C rcqlll':-;t hy
ql1c~;ti ):lS, ,~11'. (1'~l(,:Jl';r Ill'll'd
his pr'Sl'llt r\~'o St:;lll ,~:ll:I,t.:t',
'1 nll: I)' r,le:1 )',t \11', 11 ,I, " )':! \\':1" p rc :~e): t
.1 I 1 " i " t i Illl' 1 ;1,1 I )It' jlrl'Il': i II " I ,
:' t I'he mc(: i fig 1 0 an~wet"
;1<.1,1 ;1 tll i I'd :;t:ll1 U:;
~lr. Crl;.cr not-cd th:lt ~,11'. ',l'~"I'.':lr,i 1" '_ 1\11;' il!.,~ ,tT'i S' ide ;-<1;,1 \,':Jj'i:ll1l'l' 1'01' Ll1t 11, !11o(':k
1 \:alc Additiol1. 'llle prescnt !'.,'l':I;~~' I" Sitil:ltl'Ll 1,lt 1'n1:;1 tl1(' sid\' rn\)!lcrt)-.. ! iT1C and r-.lr,
O't>lc:lrl is nl'opo"'-ln.\:', :\) :ldd:l "x 1'1' ,Idditj'\:l to thi~~ :.;:lI',i,\~l', ::::,'_-:lfr H'coJJlTncnded denial
of thi l'CqU(:~'!: :,b there ;11':' lH~ h:Jrd:'11li" in'.'plvvd Illll' I'~ tI1;":' 111li(!:,~' i:: CO!:!p;l,is071 to
other 'rOr1C'T.t~' III tlH' :Ttll.lf'tli'lI '1((';1.
C'Immis :;0'1 TIlf.:'mhC'r~; qlJ("~li "I('d h'ltl'tIH'j' '.' !'t'()f'll:'l"! :ld,ji:i\lll \'\lllll: il' t'l'!Ul':lrl:t! ,!,<'rh:lp"
to the fror.t or ,lddl'tl 011:,) th,' ':11' ,)j the ,l':j'"
~lo lion
Wil:; T11'ldc hy hv
met, ~,"con(k"ll
"I'no I d I ()
,)01111-;011,
'11;, t!l('
III'1'1l
, ri :lI\l'(' relil 'V", t 11I'l :ll! ;': t!ll' ,1 P' " ,f gd i del illt' f
<
\'ot/.' ;lk1"1 t hl_' 1111)1 <In \\';1:-'; ,11, v p:t s _';ed
was ilO
Itenl '.
Vari:l'l(\' rcq\J('_";~ hy ')lI';;:I,k 1!:1)'ri'c,
',II' 1::1T'I'j" \\:1:':' 111'('-;cnt :It till' 1:)l'I_,tin~ tn
anSh'cr quest j lm~,
Staff :lotl~d tll,l! ~lr_ II:iTTls is l'('qlK'stin~:, to divide :1i'O;11 -'", :1('1',';-:' in:(J 2,:', :1\'1'c lots.
Tne pT1lP::'Tty ahuts !IO\~';ird Lake alld i..; ',itU:lt'l'.! iTl the SOlltI1C:1 ( (:\\['1,,'1 or !ntcr~l'ction
County R"ad 81 and County J{o:~d 17, 111e nrnpc)'ty IS ClIIT('nt.\' ,.Olh'd ;\_1 requiring
10 acrl' minimum sl::c, 1ot~;. It \\:l~~ ,ot:lfft,_: 1'l't''.lIll''){,Jld.l1iol1 !'n (:.I:~ t;li'-~ ";lri:liKC:lS
reque5'cdbf'-au~c it mull! Ullll('r:nil1c :1[1 n""l p,}ljt'i('~; :lndorric,lI dlh:tllll('Jlt~.;, .,'jth
regard to rucal lot si." ;Ind Set :In iTl'('vnL':IIl]e prccidcrll'c,
It was tIle f('c1i1H~ :)f t'
ordin<Hcc' fron, -Fou,' J1r',.
l'{}!run1"sioll ~!K'mbt'rs th:tt t)Il';-' ,;id Tl':;t \\':lnt to ch;tl1!{' tf:c curreTlt
pt'r forty :ten's,
"1ot ion \\':IS m:,dc hy IVa r!llk;l tn deil\' T), i S \,:1 ( :11)(',
the strnding ordiTl:IT1U'~; :I~' '~l't lid: t ....,;I,Jd Il',d,
"lents, I.;ith r(',~aTll .-0 r'tr:l! lot ~i:C' :lnd :;ct :11'
UPOTl :1 vPtl LIken, tLl' U!Jric:l hT"; dilly p:j~:~cd,
,'('qllt"':' l on ,I~l' ,,-;n)lllHI...; 1"1:1 t goc.:
Ilti'lIl' :i11 p:I_~,t jll'} it.'it's :llld prr'{',ll
i l"'('Voc<J!lje i rCl'idt'ncc, s('('ond(,d by
;i~~(Iinst
docu-
Arnolo.
~,1ot ion \I':I,S
by ~~'incr.
9: ')4 r~,.
mad hy'
!lpon ;1
\\'a1'111k:i to ;l<l,iollJ'Tl rill' 1';'1'1]' ::Lc 1'1:;)11\i1l!: (()ljlpli';siull 1I1{'('tjJ\)~. ~;cronued
vote Ld:cn, the motion 11':i" dill:' p;t~;:~('d :,111: t:1' 1I1t'('till~: \\':ls :l1!jounwd at
,
..."
w
r:J:J"i OF P!~
APPLICllTION fU.R VIIRIAtn:
\'l',_'I,1_- _~l~
pm:: 0~) j(l(j - (.xu. ~ u
8'1n]~
\;:pI i.cant: tlu~l;'lrl;. li"-lrr i~'
~ess: f3:au Rowaro d:iK1:......1h,.
)roperty o..mer~ "-"mr"
,\Cklress: "''''n'',_
''ype of o..nership; FeP x
I :bnsul tant/Contractor:
Contract
4,~ :J..7l,HU
Hane F1:1one:
~rk F'i10ne: ,<iqn<' W,I
.Ha.:.le Phone:
iIOrk !'hone:
Purc.iase h:jre€!1l€nt____
Phone:____
~:'<isting Us~
(f Property: N'n.H'
11:0p0sed Use .
(f Property:_Sl.ngle family residence
] egal Descriptbn
(f Variance Site: See att,,"ched
.Present Zoning:
Agr j
\arianoe .Requested: One more buildiol!, lot
1:::"6 the applicant previously sought to plat, rezone, obtain a va.dance or corrlitional
"se peITll.it on the subject site or any part of it? ~Yes ----.110
what was request€~: 2.5 acre Slles
~en:-.L~ Disposition: d,,,;,.!
Bui Iding of one home
D,scribe the type c' ilrprwements propose;l:. __.
~mSICN FFnlIT~:
C~)Canpleted a{:p.l.ication form. (B)Filing fe€ (C) Certified fran abstract firm, nd.meS
aJ td addresses of property OHners wi :.hi!l 100 feet of the exterior boundaries of the
s\;bject prq:>erty. (D)Ccmplete legal description. (E)Deed restrictions, if applicable.
(J')Ar. area map at 1"=200' available fran the City fugine..ring Section soo..ing:
eJisting topography, utilities, lot boundaries, building easemP.nts and soil test data
il pertinent within 300 feet. (G)A parcel ITIiJp at 1"-20'-5,)' ShOWing: '!be site
de V'elopnent plan, buildings: parking, loading, access, surface drainage, landsc.aping
ar d utility service.
(XI ['Y OOMFLETE APPLICM'ICNs S"tlALL BE Rf.VIDIED BY 'mE I'LANN1:OO ~MMISSICN.
'"
'Ib tbe best of rry k"""'ledge the infom.ation presente;l on this form is correct. In
adli.tion, I have read Section 7.6 of the Prior lake Zoning Ordinance which specifies
roiJlWrements for varianex: procedurel3~ I afJree:JjprMde infO;::-V;. foIl"" the
pr x:edures as outlined in the Ordinance. . V\. r ~ kQ ~__
. icants Signature
SllJll; tted this -Lday of Nav. 19~ -Set c0! l<::--
Property Owners Signature
(
-- -- -.-
'IlILS SPACE IS 'ID BE FILLED our BY 'mE I'LANN1:OO DIFECroR
/
F1:J NNm:; <IJr.HIssICN __ J\PPROJID
Cr. 'Y aJUN.::n. APPEAL _ J\PPROJID
OOIDITICNs:
- II, P, d./l/(.M,/ l
Si~ ,at~ the Plaiining Director
-X- DENIm
_ DENIm
f;) -I.i:...il DI\TE OF H=
DI\TE OF H=
O-.J(J - 67
Date
~'
C?, . .., '.;,.' ...':
J _ ...~.-'.d_."~,,-i.';..t""":"..*.
...".,..,..,~,!:C"_",,,,...___,,,",,,"'.,.,,.
l
o
"IlNtJI'LS Of' THE PRIOR r.!'y.E pr~NG COMMISSION
N.:NEffilR 19, } 0:.,87 Q ry
".I {.
~, ITEi'1 III - )JUWlIDE ~S VARlJIOCE R~
I Duwad;~ Harris, 15220 ~a[d Lake Road, (Xl'i\j:oente<.1 on the request t.o incre.eise the
agricl11tural density of 4 units per quarter/quarter section by ope l1njt. Mr.
Harris stated that due to the ","()()(jc.J area and a misurrlerstanding on hi8 part
when the platting was done in 1976 tl:e property can't be used or sold unless it
c.ould be di-Jided.
Ci.ty Plal.a1er Graser caranented per me.'IO dated Novenber 19, 1987.
'Ih~ Planning Camnissioners discussed the request with regard to circlInSti'flCeS C\t
the platting in 1978, area density, lots uf record, and hardship.
M:TICN BY KEDRCWSKI, brA..Ulv BY AmCLD TO DENY THE VARIANCE ~ut:...~T TO INCREN:E
'lllE l\GRIUjL'l'llRAL !:lEmITY OF 4 UNlTS PER OUllRTEll/OUAR'reR 5EX::TION Ilt ONE UNIT TN
IlCWARD LI.1\E ESTATI!S DUE 'ro A t.ACK OF IlAInSIlIP AND NOr IN 'lllB WMPREHm5IVll PLAN.
I.Jpa1 a vote taken, ayes t:1'j Arnold, KedrOlll'ski, Ro.::::eth, Wells1 one ab:::;tention by
Loftus, the.notion carried.
At this time discussion follo..l'ed regardiflf;] retreat dates and places for the 1988
Planning 0::nmi6s1on ""treat.
MJTION BY NELTE, SECr:Nl BY hlWUJ 'ID AlJJOO~ WE J:>>.1EMBF.R J9, 1987 PRIOR Ll'.Kf;
PI.ANNI:NG OOMMIssroo J.~'J. .t.1i\;1.
lJ!xlIl a vote taken, ay-er; by Arnold, Xed:c",""ski, Loftus, Roseth, Wells1 the rootion
passed unaru.mously. The meeting lldjourned at 9:15 P.M.
: ()
-"- ,,'
i
25; 10
f;'
"
i ;)
t
CITY OF PRIOR LAKE
~
VJ"RIANCE - DUWADE HARRIS
lUJE~lllER 19, 1387
SUbiect:
'lb consi6er a variance fro.n Section 4..1N or the Z0!1ing Ord:nance to allow
applicant to increase the agricultural density of 4 units ~.t_' Cju::!rterlquarter
section by on.e unit.
staff Ana] vsis:_
The a~icant is the owner of all lots in Howard Lake Estates, a plat consistin9
of five lots of which Lot 2 is developed with Mr. Harris's hallt.'. 'l'he pror-crty
was platted in 1978 during which time the Zoning Ordinance allowed snall lot
platting in the agricultural areas. The Zoning Ordinance '1as later rev ised to
the 4 units per 40 acre density formula. a~ver, these lots are of record and
each one is sllbject to a bl1i.lding permit..
~
Due to the grandfathe: sit~ation in Howard Lake Estates, the density in the mi
1/4 of the NE 1./4 of Be"'::.. 32 will be 11 units when all {Jerrnlte are issued.. The
applicant wants to increase the potential density of 11 units to 12. First,
staff fnils to see the need to vaLY this ~cction of the code. Any reason or
rational used to grant such a request will surely be arbitrary ar~ capricious
and will result in future inconsistent applications.. Second, this is a section
that should not be devii3.ted using the variance a vehicle.. If this section is to
severe or does not adequately address the needs of the conSlIn€r or the intent of
the Callprehensive Plan than an arnendnent is in order. The variance should c.'nly
I:Y.: used to deviate fran setback requirements due to unusual features or
dimensions of the land.. But standards should never be deviated because it will
usually give saneone an econanic windfall that is created for a specific
si tuation or peroon.. In this case Mr. Harris has no hardship and his motivation
is purely econcmic. 'nlis applicatiDn should be denied.
c
c
__J
(612) 447-4230
46;29 DAKOTA STREET S.E.
P.O. BOX 359
PRIOR LAKE, MINNESOTA 553n
t~ ~ l/1 ~ . tJ q 7 r
,~ugust 14, 2000
13rad Benike
I 5290 Howard Lake Road
::;hakopee, MN 553?9
~E: Lot 2, Block 1, Howard Lake Estates
)ear Mr. Benike:
~ have reviewed all of the Planning Department files with respect to the property
Ibcated at 15220 Howard Lake Road (Lot 2, Block 1, Howard Lake Estates). I
lave also reviewed the Scott County property tax records pertaining to this lot.
oward Lake Estates was platted in 19?8 with 5 lots. At the time, there was a
reat deal of discussion about the number and the size of lots which should be
ermitted. The City Council ultimately determined the approved configuration.
he area of each lot was to be based on the gross area less any wetlands,
onds, lakes, etc.
n 198?, Mr. DuWade Harris, the owner of Lot 2, filed an application for a
'rariance to subdivide Lot 2 and create an additional building lot. The variance
'vas to allow an increase in the allowable density of 4 units per 40 acres. This
'rariance was denied.
: :;ometime between 198? and 1992, Scott County recorded a deed subdividing
l-ot 2. The existing house on the property is located on the western portion of
'he lot. Your concern seems to be that an additional house will be built on the
~astern portion of the lot. There is no record that the City of Prior Lake reviewed
Jr approved the subdividing of Lot 2. Therefore, the City does not recognize the
~dditional parcel as a legal lot of record. We will not issue any building permits
'or this lot.
Jnder the current Zoning Ordinance, this property is zoned (A) Agricultural. The
ninimum lot area in the A district is 10 acres, not including wetlands, ponds, and
,0 on. The maximum density in the A district is 0.10 units per acre, or 4 units per
to acres. In order to create a new buildable parcel on Lot 2, a variance to these
Il\OOfiles\OOCOrres\jane\benike.dOC Page 1
16200 Elgie Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ytandards would be necessary. The applicant would be required to show a
Iilardship existed for this parcel.
! hope this information is helpful. Please let me know if you have any additional
<iluestions.
: :;incerely,
~~Q.+{~
( :ane Kansier, AICP
VPlanning Coordinator
I:: Planning Staff
DRC Members
:\OOfiles\OOcorres\jane\benike.doc
Page 2
LOTS AND ACREAGE -
<<< ~-$ 169,000 S-$
ZON: R SINGLE DEV: RAW
MT: 788 OMD:
1522) HOWARD LK RD
MUN 3HAKOPEE
AR 540 SUB
ACR 13.80
FRD 0
LFT. 0
RIT 0
RER 0
DES TREES
IMP )TO
MNL 0
TOP ROLLING
ROD :OUNTY
WOD 0.00
SDN 720
SDP 496-5000 ELE
REALTY CENTER, INC.
JIM ILAMSON - 392-3566
INFO. DEEMED RELIABLE
COPYRIGHT 2000 REGIONAL
PROPERTY
TYPE 7 LA
ACTV >>>
CSH
TRM:
FIN:
TAX $ 482/98/N
ZIP 55379-9501 TWA $ 482
1 DIV 2 COU SCOT ASB $ 0 ASP N
DEV RAW ZON R SINGLE # 1351441
DIR CR #17 S FROM CR #42 TO #83 (HOWARD LAKE RD
SECLUDED HOMESITE ON 13.8 ACRES.
BUILDING SITE LOCATED BETWEEN POND & HOWARD
LAKE. PLEASE CALL AGENT FOR: PLAT, EASEMENTS,
& OTHER PARTICULARS.
LG1 LENGTHY
o
INC SUR,EAS,MAP
OSU
MAP 03-160
LAKE FRONT *
PID 252040020
TRM CSH
NO
MTG INT 0.000%
PIN $ EXF CLR ASM N
5367 BC 3.15 SA 0 NA 0
ER N PHN 952-835-7600
BUT NOT GUARANTEED APT 612-835-7600
MULTIPLE LISTING SERVICE OF MINNESOTA, INC.
AVU
... . ._. ....__...__ .__ __ '-__"__1.__." ",nn"
HOFF, BARRY & KUDERER, P.A.
PROFESSIONAL ASSOCIATION
TELEPHONE (952)941-9220
1-800.989-9220
FAX (952)941-7968
SCOTT B. LANDSMAN
e-mail sbl@wintcmetcom
July 22,2000
Bradfod'J K. Beneke
Carolyn J. Torkelson
15290 Howard Lake Rd
Shakopee, MN 55379-9501
RE: E :asement/Lot 1, 1310'21< 1 Howard lake Estates
()ur File No. 3908-001
Dear M '. Beneke and Ms. Torkelson:
I represent DuWade and Nancy Harris, owners of a part of Lot 2, Block 1 Howard Lake
Estates, This letter is in regards to a driveway easement that burdens your property
and bellefits the Harris property. The easement was created by way of a Declaration of
DrivewllY Easement and Maintenance Agreement (hereinafter the "Easement"), dated
Februa y g, 1988, recorded March 1, 1988, as Document Number 41838, at the Scott
County Recorder's Office. Said Easement is attached hereto as Exhibit "A" for your
referen :e. In addition, I have enclosed a survey of the Easement attached hereto as
Exhibit "B".
DuWac e and Na ncy Harris are in the process of selling their property for future
develollment. A contract has been entered into with a realtor for the listing ofthe
propert f. The realtor will be utilizing the easement with potential buyers to access the
Harris Ilroperty. Additionally, a surveyor and contractor have been contracted with to
improvo the above-mentioned Easement. The surveyor and contractor will be clearing
and grL bbing, removing trees, grading and eventually paving the easement. The
surveyor and contractor will be commencing immediately.
Please contact me if you have any questions.
:z~~~
HOFF'IBARRY & KUDERER, P.A.
SBL:s I
enclosllre
cc: dient; rea Itor
7901 FLYING CLOUD DRIVE, #260-EDEN PRAIRIE, lInt" ....SOT A 55344-5382
01 05:00P HOFF BARRY KUDERER
1 612 941 7968
P.05
Pag", 4
, Mar:h 2, 2001
2, Hanis i~ 'lllowed to llse and imorove the Easement area.,
There is no quesli,"n that there is in existence the recorded exprcss Easement, that is the
only access to Parcel II and benefits Parcel II and burdens Parcel 111. Beneke disputes
Harris' right to improve and use the Easement. It is Hanis' position that by the e.'press
tem1S of Eascment, the Easement area may be improved and used.
..
An easement is an "interest in land in the possession of another which entitles 1he o"ner
of such intereslto a limited LIse or cnJoymcnt of the land in which the interest exists."
MinneaoOlis Athletic Cluo v. Cohler, 287 Minn, 254, 258, 177 N. W.2d 786, 789 (I 970),
citing Restatement Property, ~450, Under Minnesota law, the p'!Tameters of an express
easement depends entirely upon the construction of the terms of the easement. Bereh an!!
Missan F~rms. Inc. v. Grear Lakes Transmission Co., 565 N.W.2d 23, 26 (Minn. 1997).
citing State bv Wash. Wildlife Preservation v. State, 329 N.W.2d 543, 546 (Minn. 1983),
citing also l\-finneaoolis Athletic Cluh, 287 ]\'finn. at 258, 177 N. W,2d at 789 {'"[T)he
extent of the easement created by a conveyance is fixed by the terms orthe
conveyance."). Whcn the terms of the easement are clear and unambiguous its tenns
must be relied upon without extrinsic evidence, Hwv. 7 Embers. Inc. v. Northwestern
Nat'} Bank, 256 N.W,2d 271, 275 (Minn. 1977),
Here, the tenns of the Easement arc clear. The Easement specifically creates a driveway
easement that benefits ParccllI and burdens Parcel III. Exhibit 6, The Easement further
states that every owner, in this case Harris, has the right of ingress and egress.
Additionally, "(a)ny owner may delegate tills right to ingress and egress over the
easement to members of his family (or] his tenants, Further, the right of ingress and
egress may be delegated to "contract purchasers who reside on tlte property," Therefore.
the creation and use of the Easement is clear.
The Easement also clearly addresses who is responsible for construction. It states that the
"owner of ParcellII shall solely be rcsponsible for the construction of the (Easement)
providing service solely appurtenant to a struCture built on Parcel III. Thc Easement goes
on to state that "the Owner of Parcelll shall be solely responsible for construction of the
(Easement] necessary to provide ingress and egress solely appurtenant to Parcelll."
Under these terms, Hanis may improve the Easement to allow for ingress and egress to
1 .
Parcel II,'
J Boock,' anempts to cloud the terms of the express Easement. that IS Ihe only aCCess 10 Parcel II, by relying on Ibe
terms ot the Co"'enants. Spedfic:al1y on the language stating that "(nJo lot shall be used except for residential
purpose:. Only one dwelling shall be erected on each of the lots. ,." Exhibit 5 at 1. Beneke state. that thelcnns of
the E.se nont must be read in conjunction with the Covenants and that. somehow, the Easemenl is only effective if
Parcel II is build.hle and used for residential purposes. lk!; Exhibit 2 at '10. A Covenant is. restriction OD the use
ofprope'ty, LaValle v K,,1k.av, 277 N.W,2d 400 (Minn, 1976), The restriction under the Covenaots is tu the
building of a dwelling and limiting use to residential. Since: the current use of Pared n is residential aDd no
afflI11lati '" slepS have been laken to buitd a dwelling there has been nD violotion of the Covenants, Consequently,
any issu( s surrounding the Covenants are not ripe, and are of no consequence in this arbitration. The use and
improve, neot oftbe Ea$emeol, to allow Harris access to fully enjoy Parcel I1 for its current residential we, IS guided
by its cx.~ress and unarnbiguous tr:nns.
7901 FL \-'1 NG CLOUD DRIVE, #260.F.DEN PRAIRIE, I\.UNNESOT A 55344-5382
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