5.l) Kronmiller Driveway Easement
_______________________________________________________________________________
PERMANENT DRIVEWAY EASEMENT
THIS PERMANENT DRIVEWAY EASEMENT (the “Agreement”) is made this ____ day
of ________________, 2015, between STEVEN R. KRONMILLER AND IRENE
KRONMILLER, a married couple, herein collectively referred to as the “Landowner” and the
CITY OF SCANDIA, a municipal corporation and political subdivision organized under the laws
of the State of Minnesota, hereinafter referred to as the “City.”
WHEREAS, the Landowner owns two parcels of real property each legally described on
Exhibit A attached hereto (collectively, the “Private Property”); and
WHEREAS, the City owns a parcel of real property legally described on Exhibit B
hereto, which was a former proposed site for a neighborhood drainfield system (the “City
Property”); and
WHEREAS, immediately to the northwest of the Private Property and the southeast of
the City Property was a platted and dedicated right-of-way on the plat of Anderson’s Big Lake
2nd Addition, known as Birch Lane; and
WHEREAS, pursuant to Resolution No. 02-18-14-01, adopted by the City Council of the
City on February 18, 2014, the City vacated portions of Birch Lane, including the portion
fronting on 156.94 feet of the Private Property (specifically Parcel Identification No.
3403220220020); and
WHEREAS, as the entirety of Birch Lane was platted, the entirety of the vacated portion
of Birch Lane abutting the Private Property accrued to the Landowner as of the recording of the
vacation proceeding, which was done pursuant to Document No. 1227114, filed with the Office
of the Registrar of Titles, Washington County, Minnesota, on February 24, 2014; and
WHEREAS, the Private Property currently has no recorded access to 188th Street North,
which is the nearest public right-of-way; and
WHEREAS, a driveway providing access from the Private Property to 188th Street
North currently travels over a portion of the City Property; and
WHEREAS, it is the intent of the parties to this Agreement to provide ingress and egress
for the Private Property to 188th Street North through the granting of an easement over such
portion of the City Property (the “Easement”); and
WHEREAS, the Easement for ingress and egress purposes is legally described and
visually depicted as set forth on Exhibit C attached hereto (the “Easement Area”).
WITNESSETH:
That the City, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does grant
and convey unto the Landowner, their successors and assigns, the following:
1. Permanent Driveway Easement. The City grants for the benefit of the Landowner
a non-exclusive permanent easement over, across and upon the Easement Area for the purposes
of reasonable ingress and egress to 188th Street North.
2. Duration; Running with the Land. The easements, covenants, conditions and
restrictions contained herein shall be perpetual and shall create mutual benefits and covenants
running with the land, and shall be binding upon the parties hereto and their respective
successors and assigns.
3. Maintenance. The Landowner shall be responsible for keeping the Easement
Area properly maintained, in good repair, suitable for its intended use and in accordance with all
applicable laws and ordinances. Said maintenance shall include snow removal and surface
repairs.
4. Indemnification. The Landowner agrees to defend, indemnify and hold harmless
the City from and against all claims, damages, liabilities and expenses which are incurred by the
City in connection with loss of life, personal injury and/or property damage arising from exercise
of the Easement rights granted herein and caused by the intentional actions or negligence of the
Landowner, except to the extent caused by the gross negligence or intentional act of the City.
5. Insurance. The Landowner agrees to purchase and maintain general liability
insurance in an amount no less than One Million Dollars ($1,000,000) and written on a “per
occurrence” basis insuring the Easement Area and any use thereof in accordance with this
Agreement. If requested by the City, the Landowner shall provide a copy of such insurance
policy promptly to the City.
6. Sole Agreement. This Agreement may not be amended or modified in any respect
whatsoever except by an instrument in writing signed by all parties. This Agreement shall not be
terminated except by a recorded instrument duly executed by each of the parties hereto. This
Agreement constitutes the entire agreement between the parties with respect to the matters set
forth herein and supersedes all prior negotiations, discussions, writings and agreements between
them on connection therewith.
7. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
8. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota
9. Partial Invalidity. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions hereof shall not in any way be affected or impaired
thereby unless as a result the purpose and intent of this Agreement shall thereby be substantially
and essentially impaired. In such event, the parties shall diligently proceed to revise this
Agreement in order to re-memorialize such purpose and intent.
10. Mechanic’s Liens; Other Encumbrances. In the exercise of the Easement rights
granted herein, the Landowner shall not permit or suffer any mechanic’s liens or other liens and
encumbrances to be filed or otherwise asserted against the Easement Area, and shall promptly
discharge the same in case of the filing of any claims for liens or proceedings for the
enforcement thereof. If the City is forced to discharge such claims, the Landowner shall
promptly pay such costs of discharge promptly upon notice from the City.
11. Notices. Any notice required or permitted to be given by any party upon the other
shall be given by certified mail, return receipt requested, by nationally recognized overnight
courier, or by personal delivery addressed as follows:
If to City: City of Scandia
14727 209th Street North
Scandia, Minnesota 55073
Attention: City Administrator
With a copy to: Eckberg, Lammers, Briggs, Wolff & Vierling,
P.L.L.P.
1809 Northwestern Avenue South
Stillwater, Minnesota 55082
If to Landowner: Steven R. and Irene Kronmiller
13450 188th Street North
Marine on St. Croix, Minnesota 55047
All notices shall be deemed given three (3) business days following deposit in the United
States mail with respect to certified or registered letters, one (1) business day following deposit if
delivered to an overnight courier guaranteeing next day deliver y and on the same day if sent by
personal delivery. Attorneys for each party shall be authorized to give notices for each such
party. Any party may change its address for the service of notice by giving written notice of
such change to the other party, in any manner above specified.
IN WITNESS WHEREOF, the parties hereto have signed this Permanent Driveway
Easement effective as of the date first above written.
LANDOWNER CITY OF SCANDIA, MINNESOTA
___________________________________ ______________________________
Steven R. Kronmiller Randall Simonson, Mayor
___________________________________ ______________________________
Irene Kronmiller Kristina Handt, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this____ day of ____________, 20___, by
Steven R. Kronmiller and Irene Kronmiller, a married couple.
SIGNATURE OF NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ___ day of
______________, 20____, by Randall Simonson and Kristina Handt, respectively the Mayor and
the City Administrator of the City of Scandia, a municipal corporation and political subdivision
under the laws of the State of Minnesota, on behalf of said municipal corporation and political
subdivision.
SIGNATURE OF NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY AND RETURN TO:
Andrew J. Pratt, Esq.
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439-2878
NOTARIAL STAMP OR SEAL
(or other title or rank)
NOTARIAL STAMP OR SEAL
(or other title or rank)
EXHIBIT A
PRIVATE PROPERTY LEGAL DESCRIPTION
Parcel Identification No. 3403220220005
Lot One (1), Block One (1), ANDERSON’S BIG LAKE 2ND ADDITION, according to the
recorded plat thereof on file and of record in the Office of the Registrar of Deeds, Washington
County, Minnesota
Parcel Identification No. 3403220220020
Lot Fourteen (14), of ANDERSON’S BIG LAKE 2ND ADDITION, according to the recorded
plat thereof on file and of record in the Office of the Registrar of Deeds, Washington County,
Minnesota
EXHIBIT B
CITY PROPERTY LEGAL DESCRIPTION
That part of Government Lot 1, Section 34, Township 32 North, Range 20 West, Washington
County, Minnesota, described as follows:
Commencing at the most easterly corner of Lot 13 of the recorded plat of ANDERSON’S BIG
LAKE 2ND ADDITION, thence northeasterly 33 feet, more or less, to the point of beginning at
a ¾ inch inside diameter iron pipe found at an angle point in the northerly line of Birch Lane, as
monumented and dedicated in said ANDERSON’S BIG LAKE 2ND ADDITION, thence
northeasterly along the northwesterly line of said Birch Lane, a distance of 210 feet; thence
northwesterly at a right angle, a distance of 130 feet; thence southwesterly at a right angle, a
distance of 203.48 to the northeasterly line of said Birch Lane; thence southeasterly along said
northeasterly line to the point of beginning.
EXHIBIT C
DRIVEWAY EASEMENT AREA LEGAL DESCRIPTION
A 30.00 foot wide driveway easement over and across all that part of Government Lot 1, Section
34, Township 32 North, Range 20 West, Washington County, Minnesota.
The center line of said easement is described as follows:
Commencing at Meander Corner No. 21, Section 34, Township 32 North, Range 20 West,
Washington County, Minnesota; thence South 75 degrees 15 minutes 34 seconds East, bearings
are based on the Washington County Coordinate System NAD 83 1986 Adjustment, a distance
of 719.37 feet to the most westerly corner of Lot 14 of ANDERSON'S BIG LAKE 2ND
ADDITION, on file and of record in the Office of the County Recorder of said Washington
County, Minnesota; thence North 68 degrees 42 minutes 28 seconds East, along a northwesterly
line of said Lot 14, a distance of 156.94 feet; thence North 52 degrees 06 minutes 45 seconds
West, along an easterly line of vacated Birch Lane, a distance of 38.73 feet to a northerly corner
of vacated Birch Lane; thence South 68 degrees 41 minutes 52 seconds West, along a
northwesterly line of vacated Birch Lane, a distance of 50.11 feet to the point of beginning of
said center line to be described; thence North 29 degrees 09 minutes 23 seconds East, a distance
of 80.69 feet, more or less, to its intersection with the southerly edge of 188th Street North as
presently traveled and said described center line there terminating.
The side lines of said easement are to be prolonged or shortened to terminate on said
northwesterly line of vacated Birch Lane and are to be prolonged or shortened to terminate on
said southerly edge of 188th Street North as presently traveled.