HomeMy WebLinkAbout[04] Enforcement Issues AGREEMENT REGARDING RELOCATION OF DRIVEWAY ENCROACHING ON
RECORDED ROADWAY EASEMENT ON LOT 1, BLOCK 1, SUNSET RIDGE,
STEARNS COUNTY, MINNESOTA
THIS AGREEMENT is made and entered into this day of , 2016,
by and between the St. Joseph Joint Planning Board (City and Township of St. Joseph), a body
politic, hereinafter referred to as "JPB", and Mathew E. Lelou and Jessica J. Lelou, hereinafter
referred to as the "Lelou's".
RECITALS
1. On September 16, 2013, the Lelou's purchased Lot 1, Block 1, Sunset Ridge,
Stearns County, Minnesota from CLC Partners, LLC.
2. Prior to the purchase of Lot 1, Block 1, Sunset Ridge by the Lelou's, a
Subdivision Agreement for Sunset Ridge was recorded on December 27, 2012. The Subdivision
Agreement, at Paragraph 7.La, stated that "the Developer, its heirs and assigns, agrees to locate
buildings on the plat of Sunset Ridge that do not overlap future lots, blocks and streets as set
forth in the attached ghost plat." The ghost plat was attached as Exhibit E to the Subdivision
Agreement. Exhibit E showed that the location of any home to be placed on Lot 1, Block 1 of
Sunset Ridge was to be located on the easterly one-half of Lot 1, Block 1, with the driveway
running to Cedar Ridge Road.
3. The plat for Sunset Ridge was recorded on December 27, 2012. The recorded plat
contained a road easement running across the northwest corner of your Lot 1, Block 1, Sunset
Ridge.
4. After the purchase of Lot 1, Block 1, Sunset Ridge, the LeLou's constructed a
home on the westerly one-half of Lot 1, Block 1, Sunset Ridge, and constructed a driveway
which is constructed over the existing road easement and provides ingress and egress to 320th
Street.
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5. The JPB has requested that the driveway be relocated so it no longer runs over the
road easement and that it provides ingress and egress to Cedar Ridge Road as required by the
Subdivision Agreement for Sunset Ridge.
6. The JPB and the Lelou's desire to formalize their agreement with respect to future
relocation of the driveway.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, it is
hereby agreed as follows:
1. Agreement to Relocate Driveway. The JPB will permit the existing driveway
construction to remain in place until such time that the City, Township or JPB, or their assigns,
exercises its use of the easement for future street construction. At the time that the City,
Township or JPB, or their assigns, exercises its right to construct the road over the easement, the
Lelou's, their heirs and assigns, agree to relocate the driveway so it provides ingress and egress
to Cedar Ridge Road as required by the Subdivision Agreement for Sunset Ridge and remove the
existing driveway from the road easement.
2. Binding Effect on Parties and Successors. The terms and provisions of this
Agreement shall be binding upon and accrue to the benefits of the heirs, representatives,
successors and assigns of the parties hereto and shall be binding upon all future owners of all or
any part of Lot 1, Block 1, Sunset Ridge and shall be deemed covenants running with the land.
3. Recitals. The Recitals, as set forth above, are incorporated by reference into this
Agreement and are enforceable as such.
Signed and executed by the parties hereto effective as of the day of , 2016.
Mathew E. Lelou
Jessica J. Lelou
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
2016, by Mathew E. Lelou and Jessica J. Lelou.
Notary Public
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JOINT PLANNING BOARD
ATTEST: TOWNSHIP OF ST. JOSEPH
Ann Reischl, Town Clerk Jeffrey Janssen, Town Board Supervisor
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
, 2016, by Ann Reischl, Town Clerk and Jeffrey Janssen, Town Board
Supervisor of the township of St. Joseph member of the St. Joseph Joint Planning Board.
Notary Public
ATTEST CITY OF ST. JOSEPH
By By
Judy Weyrens Richard Schultz, Mayor
City Administrator/Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
, 2016, by Judy Weyrens, Administrator/Clerk and Rick Schultz, Mayor
of the City of St. Joseph and member of the Joint Planning Board.
Notary Public
THIS DOCUMENT DRAFTED BY:
Thomas G. Jovanovich - 5284X
Jovanovich, Kadlec & Athmann, PA
1010 W. St. Germain, Suite 420
St. Cloud, MN 56301
Telephone: (320) 230-0203
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