HomeMy WebLinkAbouteasement/flowage/conserv/restrictive covenant/wetland/buffer � _. . �8S �u�- %� S',
Doc No A9327849
Certified filed and/or recorded on
3/2/09 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 9 Pkg ID 517180
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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(reserved for recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
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INSTRUMENT made this ZG day of �`i'���.�y , 20��by and between John
M. Culliton and Cindy L. Hillger husband and wife,the Grantors, and the CITY OF ORONO,a
Minnesota municipal corporation("City").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a
permanent flowage and conservation easement for the purposes set forth in this instxument, over,
under, and across the wetland and wetland buffer as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors may remove brush, diseased or dead trees of any size, and
noxious weeds.
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C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limrted to buildings, structures, walkways, fences, fireplaces,
clothes line poles, playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove
brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
50 feet in width at all points surrounding the wetland and as shown in E�ibit A,
shall be established and improved to become an "acceptable buffer area" as
described within City Ordinances, and shall thereafter be maintained by Grantors in
perpetuity free from mowing or other vegetative disturbance, fertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
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buffering flows into the wetland.
4. Grantors for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
5. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching; the study of
nature; and all other acts of a similar nature or purpose.
6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all
of the Easement Premises.
7. Grantors herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and employees of and from any and all
claims, demand or causes of action of any kind or nature whatsoever which may
arise or accrue by virtue of any flowage or trespass with water within terms of
these agreements.
8. Grantors do not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
1..• Lw��
Jo M. Culliton
t
Cindy L. Hillge
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STATE OF MINNESOTA )
)ss.
COUNTY OF �ti ! )
The foregoing instrument was acknowledged before me this 2v� day of
��/'w w , 20a�by John M. Culliton and Cindy L. Hillger, husband and wife, the
Grantors.
.t'":�-�. �
N TARY PUBLIC
58s P�roum 2oa�i S,
I�e,rm���` Z C�c�� — 0003�j
D�TED BY: GUSTAVE,D EWOLDT
Campbeu Knutson Notary,Public-Minnesota
Professional Association :,,:: . Comm�ssi0n No.31007261
317 Eagandale Office Center My Commission Expires Jan.31,2010
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
125005 Q
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EXHIBIT A-page 1 of 3
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND: �
An easement for wetlands purposes over, under and across the following described
property:
That part of the Northeast Quarter of the Southwest Quarter of Section 3, Township
117 North, Range 23 West of the 5th Principal Meridian, described as follows:
Beginning at the Southeast comer of said Northeast Quarter of the Southwest �
Quarter; thence westerly along the South line of said Northeast Quarter of the
Southwest Quarter a distance of 289.00 feet; thence northwesterly, deflecting right
63 degrees 48 minutes a distance of 216.00 feet; thence northerly to a point in the
north line of the South five-eighths of said Northeast Quarter of the Southwest
Quarter distant 565.00 feet west from the Northeast comer of said South five-
eighths; thence easterly to said Northeast corner; thence south along the East line
of said Northeast Quarter of the Southwest Quarter to the point of beginning,
EXCEPT that part described as follows: Commencing at said Southeast comer; thence on
an assumed bearing of North 0 degrees 03 minutes 39 seconds East along #he East line
of said Northeast Quarter of the Southwest Quarter a distance of 169.17 feet to the point
of beginning of the exception being described; thence North 86 degrees 26 minutes 30
seconds West a distance of 37.36 feet; thence South 55 degrees 26 minutes 13 seconds
West a distance of 27.43 feet; thence South 23 degrees 42 minutes 23 seconds West a
distance of 17.11 feet; thence Sou#h 17 degrees 29 minutes 30 seconds West a distance
of 33.83 feet; thence South 37 degrees 01 minutes 33 seconds West a distance of 20.51
feet; thence South 71 degrees 39 minutes 21 seconds West a distance of 31.35 feet;
thence North 71 degrees 30 minutes 35 seconds West a distance of 32.11 feet; thence
North 47 degrees 42 minutes 52 seconds West a distance of 19.75 feet; thence North 27
degrees 00 minutes 59 seconds West a distance 25.89 feet; thence North 47 degrees 29
minutes 37 seconds West a distance of 30.36 feet; thence North �8 degrees 32 minutes
18 seconds West a distance of 22.76 feet; thence North 35 degrees 00 minutes 18 .
seconds West a distance of 35.86 feet; thence North 25 degrees 43 minutes 55 seconds
West a distance of 58.29 feet; thence North 13 degrees 55 minutes 41 seconds West a
distance of 34.71 feet; thence North 30 degrees 12 minutes 23 seconds West a distance
of 36.36 feet; thence North 3 degrees 50 minutes 33 seconds West a distance of 59.06
feet; thence North 9 degrees 56 minutes 40 seconds East a distance of 37.96 feet; thence
North 15 degrees 41 minutes 36 seconds East a distance of 24.29 feet; thence North 47
degrees 06 minutes 56 seconds East a distance of 49.32 feet; thence North 77 degrees
02 minutes 24 seconds East a distance of 34.99 feet; thence North 20 degrees 26 minutes �
50 seconds East a distance of 28.23 feet; thence North 1 degree 05 minutes 45 seconds
West a distance of 42.04 feet; thence North 11 degrees 27 minutes 56 seconds West a
distance of 21.65 feet; thence North 20 degrees 25 minutes 10 seconds East a distance of
53.75 feet; thence North 19 degrees 37 minutes 28 seconds East a distance of 53.27 feet;
thence North 41 degrees 16 minutes 33 seconds East a distance of 40.90 feet; thence
North 2 degrees 43 minutes 07 seconds East a distance of 41.20 feet; thence South 84
degrees 05 minutes 37 seconds East a distance of 28.55 feet; thence South 40 degrees
48 minutes 32 seconds East a distance of 38.91 feet; thence South 49 degrees 59
minutes 29 seconds East a distance of 41.99 feet; thence South 70 degrees 18 minutes
26 seconds East a distance of 58.38 feet to said East line of the Northeast Quarter of the
Southwest Quarter; thence southerly along said East line to the point of beginning.
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WETLAND EASEMENT
An easement for wetlands purposes over, under and across the following described
property:
That part of the Northeast Quarter of the Southwest Quarter of Section 3, Township
117 North, Range 23 West of the 5th Principat Meridian, described as follows:
Beginning at the Southeast corner of said Northeast Quarter of the Southwest
Quarter; thence westerly along the South line of said Northeast Quarter of the
Southwest Quarter a distance of 289.00 feet; thence northwesterly, deflecting right
63 degrees 48 minutes a distance of 216.00 feet; thence northerly to a point in the
north line of the South five-eighths of said Northeast Quarter of the Southwest
Quarter distant 565.00 feet west from the Northeast corner of said South five-
eighths; thence easterly to said Northeast corner; thence south along the East line
of said Northeast Quarter of the Southwest Quarter to the point of beginning,
EXCEPT that part described as follows: Commencing at said Southeast corner; thence on
an assumed bearing of North 0 degrees 03 minutes 39 seconds East along the East line
of said Northeast Quarter of the Southwest Quarter a distance of 169.17 feet to the point
of beginning of the exception being described; thence North 86 degrees 26 minutes 30
seconds West a distance of 37.36 feet; thence South 55 degrees 26 minutes 13 seconds
West a distance of 27.43 feet; thence South 23 degrees 42 minutes 23 seconds West a
distance of 17.11 feet; thence South 17 degrees 29 minutes 30 seconds West a distance
of 33.83 feet; thence South 37 degrees 01 minutes 33 seconds West a distance of 20.51
feet; thence South 71 degrees 39 minutes 21 seconds West a distance of 31.35 feet;
thence North 71 degrees 30 minutes 35 seconds West a distance of 32.11 feet; thence
North 47 degrees 42 minutes 52 seconds West a distance of 19.75 feet; thence North 27
degrees 00 minutes 59 seconds West a distance 25.89 feet; thence North 47 degrees 29
minutes 37 seconds West a distance of 30.36 feet; thence North 58 degrees 32 minutes
18 seconds West a distance of 22.76 feet; thence North 35 degrees 00 minutes 18
seconds West a distance of 35.86 feet; thence North 25 degrees 43 minutes 55 seconds
West a distance of 58.29 feet; thence North 13 degrees 55 minutes 41 seconds West a
distance of 34.71 feet; thence North 30 degrees 12 minutes 23 seconds West a distance
of 36.36 feet; thence North 3 degrees 50 minutes 33 seconds West a distance of 59.06
feet; thence North 9 degrees 56 minutes 40 seconds East a distance of 37.96 feet; thence
North 15 degrees 41 minutes 36 seconds East a distance of 24.29 feet; thence North 47
degrees 06 minutes 56 seconds East a distance of 49.32 feet; thence North 77 degrees
02 minutes 24 seconds East a distance of 34.99 feet; thence North 20 degrees 26 minutes
50 seconds East a distance of 28.23 feet; thence North 1 degree OS minutes 45 seconds
West a distance of 42.04 feet; thence North 11 degrees 27 minutes 56 seconds West a
distance of 21.65 feet; thence North 20 degrees 25 minutes 10 seconds East a distance of
53.75 feet; thence North 19 degrees 37 minutes 28 seconds East a distance of 53.27 feet;
thence North 41 degrees 16 minutes 33 seconds East a distance of 40.90 feet; thence
North 2 degrees 43 minutes 07 seconds East a distance of 41.20 feet; thence South 84
degrees 05 minutes 37 seconds East a distance of 28.55 feet; thence South 40 degrees
48 minutes 32 seconds East a distance of 38.91 feet; thence South 49 degrees 59
minutes 29 seconds East a distance of 41.99 feet; thence South 70 degrees 18 minutes
26 seconds East a distance of 58.38 feet to said East line of the Northeast Quarter of the
Southwest Quarter; thence southerly along said East line to the point of beginning.
� � . I
• CERTIFICATE OF SURVEY FOR
JOHN CULLITON
IN THE NE 1/4 OF THE SW 1/4 OF SECTION 3-117-23
HENNEPIN COUNTY,MINNESOTA
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