HomeMy WebLinkAboutconservation easement Doc No 4379382 04/23/2007 04:00 PM
Co P�, .}.o . Certified filed and or recorded on above date:
�� 3-� � Si��� Office of the Registrar of Titles
� Zq? Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 307194 Deputy 55
New cert Cert Fees
1190981 $1.50 AF
1190982 $10.50 STATEFEE
$54.00 TDOCFEE
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$2.00 COPY
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TRAN9FER ENTERED
APR 2 3 2007
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CONSERVATION EASEMENT
This is a CONSERVATION EASEMENT granted by Edson W. Spencer a�zd Harriet S. Spencer,
husband and wife, (the"Owner") to the Minnesota Land Trust, a non-profit corporation
organized and existing under the laws of the State of Minnesota(the "Land Trust".)
RECITALS:
A. OWNER. The Owner is the current owner of approximately 1 I acres of real property located
in Hennepin County, Minnesota. That real property is more fully described below as the
"Protected Property."
B. PROTECTED PROPERTY. The Protected Property is that real property legally described in
Exhibit A and generally depicted on the"Property Map" in Exhibit B. Both exhibits are
attached to this conservation easement and incorporated by this reference.
`The Protected Property consists of approximately seven acres of wetlands and approximately
four acres of upland deciduous forest. The wetlands are adjacent to and flow directly into
� Long Lake, a 320-acre recreational development lalce. The Protected Property also features
approximately 461 feet of shoreline along Long Lake Creek, a protected tributary stream
identified in the City of Orono's Environmental Protection Plan. The Protected Property lies
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� within the City of Orono's Lake Minnetonka Area Greenway, a few miles east of the
Wolsfeld Woods Scientific Natural Area and a few miles west of the Wood-Rill Scientific
Natural Area.
The Protected Property is currently used for open space and nature observation. Tliere are no
existing improvements on the Protected Property.
C. M]NNESOTA LAND TRUST. The Minnesota Land Trust is a non-profit corporation
organized and operated exclusively for charitable and educational purposes, including the
preservation and protection of land in its natural, scenic or other qpen space condition. The
Land Trust is a public charity as defined in Sections 501(c)(3) and 509(a) of the Internal
Revenue Code and an organization qualified to hold conservation easements under
Minnesota law and Section 170(h) of the Intemal Revenue Code and related regulations.
D. CONSERVATION vALUES. The Protected Property has the following natural, scenic and
open space qualities of significant importance: .
• The Protected Property is a coinponent of a regionally significant wildlife corridor
. and project-focus area identified by the Minnesota Department of Natural Resources
and;:the Metropolitan Conservation Corridors Partnership, a collaboration of public
and private conservation entities funded in part by Minnesota Laws 2005, First
Special Session, Chapter 1, Article 2, Section 11, Subd.S(b).
• � The Protected Property is a component of a locally significant habitat corridor area as
documented by the City of Orono's Natural Resource Inventory; March 2006.
� ' The Protected Property lies within an area identified as a priority conservation area by
the Minnehaha Creek Watershed District.
� The Protected Property's undeveloped wetlands contribute to the ecological viability
of nearby wetlands and help maintain the water quality of adjacent Long Lake.
� The wooded, undeveloped, and natural character of the Protected Property provides
habitat to a variety of plants, animals and aquatic communities, including waterfowl.
• The Protected Property provides a view of open, undeveloped land and wetlands
visible:to the public from Hennepin County State Aid Highway 6.
Collectiv,ely, these natural, scenic and open space qualities of the Protected Property
comprise its "Conservation Values."
These Conservation Values have not been and are not likely to be adversely affected to any
substantial extent tiy the continued use of the Protected Property as described above or as
authorized below:
� a
� E. CONSERVATION POLICY. Preservation of the Protected Property will further those
governmental.policies established by the following:
• Minnesota Laws 2005, First Special Session, Chapter 1, Article 2, Section 11,
Subd.S(b}, which provides funding to accelerate programs for the purposes of
planriing, improving, and protecting important natural areas in the metropolitan
region and portions of the surrounding counties. .
• Minnesota Statutes Chapter 103A, which promotes protection of Minnesota's waters
and their adjacent lands and Minnesota Statutes Section 103A.206 in particular,
which recognizes the economic and environmental importance of maintaining and
enhancing the soil and water resources of this state and role of private lands in these
conservation efforts.
� Minnesota Statutes Section 103A.201, which specifically promotes the protection of
wetlands and Minnesota Statutes Section 103A.202, which specifically declares that it
is 'in'the public interest to preserve the wetlands of this state to conserve surface
� water's, maintain and improve water quality, preserve wildlife habitat, reduce runoff,
provide for floodwater retention, reduce stream sedimentation, contr-ibute to improved
subsurface moisture, and enhance the natural beauty of the landscape.
• Minnesota Statutes Chapter 84C, which recognizes the importance of private
conservation efforts by authorizing conservation easements for the protection of
natural, scenic, or open space values of real property, assuring its availability for
agriculture, forest,recreatioiial, or open space use,protecting natural resources, and
maintainirig or enhancing air or water quality. .
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• Ciry of Orono Environmental Protection Plan, September 2000,which identifies Long
Lalce as an important natural resource in the community.
• 1Vlinriehaha Creek Watershed District Comprehensive Water Resources Management
Plan, May'2006,whicli identifies key conservation areas and priorities within the
Minnesota Creek Watershed. '
F. CONSERVATION;INTENT. �The Owner and the Land Trust are committed to protecting
and preserving the Conservation Values of the Protected Property in perpetuity.
Accordingiy, it is their intent to create and implement a conservation easement that is binding
upon the current Owner and all future owners of the Protected Property and that conveys to
the Land Trust the right to protect and preserve the Conservation Values of the Protected
Property for the benefit of this generation and generations to come.
CONVEYAIVCE OF CONSERVATION EASEMENT:
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� Pursuant to the laws of the State of Minnesota, and in particular,Minnesota Statutes Chapter 84C,
and in consideration of the facts recited above and the mutual covenants contained herein and as
an absolute and unconditional gift, the Owner hereby conveys and warrants to the Land Trust
and its successors and assigns a perpetual conservation easement over the Protected Property.
This conservation easement consists of the following rights, terzns, and restrictions (the
"EasemenY'):
1. CONSERVATION PURPOSE. The purpose of this Easement is to preserve and protect in
perpetuity the Conservation Values of the Protected Property identified above by confining
the development, management and use of the Protected Property to activ,ities that are
consistent with the preservation of these Conservation Values, by prohibitiiig activities that
significantly impair or interfere with these Conservation Values, arid by providing for
remedies in the event of any violation of this Easement. �
The terms of this Easement are specifically intended to provide a significant public benefit
� by: ,
• Preserving tlie open and natural character of the Protected Property for scenic
enjoyment by the general public from Hennepin County State Aid Highway 6. The
openness of the Protected Property provides variety and contrast to the large-lot
development and wooded nature of the surrounding area.
• Protecting the water quality of Long Lake by prohibiting development of the
Protected Property.
� Protectirig natural habitat for wildlife and plants, both terrestrial and aquatic,
� including waterfovvl.
2. LAND USE RESTRICTIONS. Any activity on or use of the Protected Property that is
inconsistent with the purposes of this Easement is prohibited. This prohibition specifically
includes any intrusion or future development that would interfere with the essential scenic
quality of the Protected Property or the visual enjoyment of the open and natural character of
the Protected Property by the general public.
Except as specifically permitted in section 3 below and without limiting the general
prohibition above, restrictions imposed upon the Protected Property expressly include the
following:
2.1. Industrial and Commercial Activitv. No industrial or commercial use of the Protected
Property is allowed..
2.2. A�ricultural Use. No agricultural use of the Protected Property is allowed.
2.3. Residential Development. No residential use or development of the Protected
Property is allowed.
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2.4. Ri�ht of Wa.y. No right of way shall be granted across the Protected Property in
conjunction with any industrial, commercial, or residential use or development of
other land not protected by this Easement without the prior approval of the Land
Trust.
2.5. Division of the Protected Property. The Protected Property may not be divided,
subdivided, or partitioned. The Protected Property may be conveyed only in its
� entirety as a single parcel under single ownership (joint or undivided) regardless of
whether it now consists of separate parcels, was acquired as separate parcels, or is
treated as separate parcels for property tax or other purposes.
This provision does not, however, prohibit:
• The division of the Protected Property when a portion of the Protected
Property is being conveyed to a conservation organization defined in section
7.1 below.
� .The correction or adjustment of boundary lines to resolve an ownership
dispute.
2.6. Develonment Ri�hts. No portion of the Protected Property may be used to satisfy
land area requirements for other property not subject to this Easement for purposes of
calculating building density, lot coverage, open space, or natural resource use or
extraction under otherwise applicable laws,regulations, or ordinances controlling
land use. The development rights that have been encumbered or extinguished by this
Easement may not be transferred to any other property or used to obtain any
regulatory mitigation credits.
2.7. Structures and Improvements. No temporary or permanent buildings, structures,
utilities systems or facilities, roads or other improvements of any kind may be placed
or constructed on the Protected Property except as specifically authorized in section 3
or as set forth below:
a. Utilities. No utility systems or facilities may be installed without the prior written
approval of the Land Trust.
b. Signs. No billboards or other signs may be placed or erected on the Protected
Property except for small, unlighted signs for informational or interpretive
purposes. With the Owner's permission, the Land Trust may place signs on the
Protected Property identifying the land as protected.
c. Roads. There are no roads or driveways on the Protected Property. No roads or
driveways may be established or constructed on the Protected Property without
the prior approval of the Land Trust.
� d. Trails. Unpaved paths or foot trails may be established and maintained for non-
motorized recreational uses. Trails shall be established, maintained and used in a
s
� maruier that does not result in significant erosion or have an adverse impact on the
natural and scenic quality of the Protected Property.
e. Fences. Fences may be constructed, maintained, improved,replaced or removed
to mark boundaries, to secure the Protected Property, or as needed in carrying out
activities permitted by this Easement.
Fences may not be located or constructed in a manner that has an adverse impact
on the natural and scenic quality of the Protected Property or interferes with
established wildlife corridors.
f. Outdoor Li�hting. No permanent outdoor lighting is allowed.
2.8. Dumping. No trash, non-compostable garbage, debris, unserviceable vehicles or
equipment,junk, other unsightly material or hazardous or toxic substances may be
dumped or accumulated on the Protected Property.
2.9. MininQ. No mining, drilling, exploring for, or removing any minerals, sand, gravel,
rock, ar fossil fuels from the Protected Property is allowed.
2.10. Tonoeraphv and Surface Alteration. No alteration or change in the topography or tlze
surface.of:the Protected Property is allowed. This includes no ditching, draining or
filling and no excavation or removal of soil or other material, except as incidental to
activities or uses specifically permitted by this Easement.
Any permitted alteration shall be undertaken with minimal grading and disturbance to
vegetation and with the surface restored in a timely manner to a condition consistent
with the purposes of this Easement.
2.11. Water: No;alteration or manipulation of natural watercourses, lakes, shorelines,
wetlands or other surface or subsurface bodies of water or creation of new wetlands
or water bodies is allowed except to restore or enhance wildlife habitat or native
biological communities or to improve or enhance the function and quality of existing
wetlarids or water bodies. Any alteration or creation of wetlands or water bodies
must be undertaken in accordance with a habitat management plan approved by the
Land Trust under section 3 below.
No'activities on or uses of the Protected Property that cause significant erosion or are
seriously detriznental to water quality or purity are allowed.
2.12. Ve�etation Management. No removal, cutting, pruning, trimming or mowing of any
trees or other vegetation, living or dead, and no introduction of non-native species is
allowed except as follows:
a. In conjunction with habitat management or restoration as specifically permitted in
section 3:below.
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b. Limited pruning or trimming as reasonably required to establish a�id maintain
paths or foot trails as permitted in section 2.7 above.
c. As reasonably required to prevent or control insects, noxious weeds, invasive
vegetation, disease, fire, personal injury, or property damage.
2.13. Vehicles. Limited use of motorized vehicles is allowed in conjunction with habitat
restoration or enhancement as permitted in section 3.
3. RESERVED RIGHTS. The Owner retains all rights associated with ownership and use of
the Protected Property that are not expressly restricted or prohibited by this Easement. The '
Owner may not, however, exercise these rights in a manner that would adversely impact the
Conservation Values of the Protected Property. Additionally, the Owner must give notice to
the Land Trust before exercising any reserved right that might have an adverse impact on the
Conservation Values of the Protected Property.
Without limiting the generality of the above, the following rights are expressly reserved and
the Owner may use and allow others to use the Protected Property as follows:
3.1. Ri�ht to Convey. The Owner may sell, give, lease, bequeath, devise, mortgage or
otherwise encumber or convey the Protected Property. This right to convey the
Protected Property is subject to the following:
a. Any conveyance or encumbrance of the Protected Property is subject to this
Easement.
b. The Owner will reference or insert the terms of this Easement in any deed or other
document by which the Owner conveys title to the Protected Property. The
Owner will also specify to what extent reserved rights have been exercised, if at
all, and are no longer available for use by the new Owner and which reserved
rights are specifically allocated to the property being conveyed in accordance with
other provisions of this Easement.
c. The Owner will notify the Land Trust of any conveyance within fifteen(15) days
after closing and will provide the Land Tnzst with the narne and address of the
new Owner and a copy of the deed transferring title.
d. If the Protected Property is owned by a trust, business entity or any common or
jointly held ownership, the Owner shall designate a representative authorized to
receive notice on behalf of the Owner and provide the Land Trust with the name
and address of the designated representative. The Owner shall notify the Land
Trust of any change in the designated representative and provide the Land Trust
with the new name, address and other contact information.
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The enforceability or validity of this Easement will not be impaired or liinited by any
failure of the Owner to comply with this section 3.1.
3.2. Habitat Management. The Protected Property may be used to create, maintain,
restore, or enhance habitat for wildlife and native biological communities in
accordance with a management plan approved by the Land Trust.
3.3. Recreational and Educational Uses. The Protected Property may be used for hiking,
cross-country skiing, camping, nature observation or study, and other non-intensive
recreational and educational programs or activities that have no more than minimal
impact on the Conservation Values of the Protected Property.
The Protected Property may not be used for more than minimal commercial
recreational purposes.
Miilor rustic structures such as tents, trail barriers, benches, and informational kiosks
may be placed on the Protected Property in conjunction with these activities.
4. LAND TRUST'S RIGHTS AND REMEDIES. In order to accomplish the purposes of this
Easement to preserve and protect the Conservation Values of the Protected Property, the
Land Trust has the following rights and remedies:
4.1. Right to Enter. .The Land Trust has the right to enter the Protected Property at
r.easonable times and in a reasonable manner for the following purposes:
a, To inspect the Protected Property and to monitor compliance with the tenns of
this Easement.
b. To obtain evidence for use in seeking judicial or other enforcement of this
Easement.
c. To,survey or otherwise mark the boundaries of all or part of the Protected
Property if necessary to determine whether there has been or may be a violation of
this Easement. Any survey completed under this provision will be at the Owner's
expense.
d. To otherwise exercise its rights under this Easement.
� e. � To restore,manage or improve habitat on the Protected Property in accordance
with a habitat management plan,provided, however, that the Land Trust sha.11 not
be�obligated to restore; manage or improve habitat on the Protected Property. The
Land Trust may assign these rights to another entity, such as, but not limited to,
the Minnehaha Creek Watershed District or Hennepin County. Any restoration or
improvement to habitat in accordance with this provision that affects Long Lake
Creek or any wetlands on the Protected Property is subject to the prior written
appro�al of the Owner.
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4.2. Access. In order to enter the Protected Property, the Land Trust has a right of access
over Outlot B,Spencer Addition, as shown on the Property Map, or any more
convenient alternate approach to the Protected Property that the Owner is entitled to
use now or in the future.
4.3. Rieht of Enforcement. The Land Trust has the right to prevent or remedy violatioi�s
of this Easement, including prohibiting the construction of buildings or
improvements, through appropriate judicial action brought in any court of competent
jurisdiction against the Owner or other responsible party.
a. Notice. The Land Trust may not initiate judicial action until the Owner has been
� given notice of the violation, or threatened violation, of this Easement and a
reasonable opportunity to correct the situation. This provision shall not apply if,
in the sole discretion of the La,nd Trust, immediate judicial action is necessary to
prevent or mitigate significant damage to the Conservation Values of the
Protected Property or if reasonable, good faith efforts to notify the Owner are
unsuccessful:
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b. Remedies: In enforcing this Easement, the Land Trust has the right to:
• Temporary or permanent injunctive relief for any violation or threatened
` � violation of this Easement.
� . � Require restoration of the Protected Property to its condition at the time of this
, conveyance or as otherwise necessitated by a violation of this Easement.
! Sgec'ific performance or declaratory relief.
� Recover damages resulting from a violation of this Easement or injwy to any
Conservation�Values associated with the Protected Property.
These remedies are.cumulative and are available without requiring the Land Trust
to prove actual damage to the Conservation Values of the Protected Property.
The Land Trust and the Owner agree that the damages created by a violation of
this Easement may be determined by calculating the cost of acquiring a
conservation easement over similar property. The Land Trust and the Owner also
� recognize that restoration,regardless of cost,may be the only adequate remedy
for certain violations of this Easement.
The Land Trust is entitled to seek expedited relief, ex parte if necessary; and shall
not be required to post any bond applicable to a petition for such relief.
c. Costs of Enforcement. The Owner shall be responsible for all reasonable costs
incurred by the Land Trust in enforcing this Easement, including without
liinitation costs of suit, attorneys' fees, and expenses related to restoration of the
Protected Property. If, however, the Owner ultimately prevails in a judicial
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enforcement action, each party shall be responsible for its owi� costs and
attorneys' fees.
d. Discretionarv Enforcement. Enforcement of the terms of this Easement is solely
at the discretion of the Land Trust. The Land Trust does not waive or forfeit the
right to take any action necessary to assure compliance with the terms of this
Easement by any delay or prior failure of the Land Trust in discovering a
� violation or initiating enforcement proceedings. The Land Trust shall not be
barred by any applicable statute of limitations in bringing any action to enforce
the term of this Easement.
e. Acts Beyond Owner's Control. The Land Trust may not bring an action against
the Owner for any change to the Protected Property resulting from:
• causes beyond the Owner's control such as changes caused by fire, flood,
storm, natural deterioration or the unauthorized acts of third parties, or
• reasonable actions taken in good faith under emergency conditions to prevent
or initigate damage resulting from such causes.
Actions by the Owner's lessees, agents, employees or contractors are not
considered unauthorized acts of third parties.
This section does not preclude the Owner or the Land Trust from recovering
damages or bringing an action against any third party for trespass or other
violation of their respective rights in this Easement or in the Protected Property.
. f. Rieht to Report. In addition to other remedies,the Land Trust has the right to
report any environmental concerns or conditions or any actual or potential
violations of any environmental laws to appropriate regulatory agencies.
g. Enforcement Ri�hts of Others. Nothing in this Easement is intended to create any
right to enforce this Easement in any third party where no such right otherwise
exists under this Easement or under law.
4.4. Limitation on RiQhts.. Nothing in this Easement gives the Land Trust the right or
responsibility to exercise physical control over day-to-day operations on the Protected
Property or to become involved in management decisions involving the use or
disposal of hazardous substances or to otherwise become an operator of the Protected
Property within the meaning of the Comprehensive Environmental Response,
Compensation and Liability Act, the Minnesota Environmental Response and
Liability Aat, or other similar successor federal, state or local statutes or laws
regarding responsibility for environmental conditions associated with contamination.
5. PUBLIC ACCESS. Nothing in this Easement gives the general public a right to enter upon
or use the Protected Property where no such right existed prior to the conveyance of this
to
Easement. However,the public does have the right to view the Protected Property from
adjacent publicly accessible areas including Hennepin County State Aid Highway 6.
6. DOCUMENTATION. The current uses of the Protected Property, the state of any existing
improvements, and the specific Conservation Values of the Protected Property that are
briefly described in this Easement will be more fully described in a property report on file at
the office of the Land Trust. The Owner and the Land Trust acknowledge that this property
report will accurately represent the condition of the Protected Property at the time of this
conveyance and may be used by the Land Trust in monitoring future uses of tlie Protected
Property, in documenting compliance with the terms of this Easement and in any
enforcement proceeding. This property report, however, is not intended to preclude the use
of other information and evidence to document the present condition of the Protected
Property in the event of a future controversy.
7. GENERAL PROV.ISIONS.
' 7.1. Assi ent. This Easement may be assigned or transferred by the Land Trust only to
a conservation organization defined as a qualified organization under Section 170(h)
of the Internal Revenue Code and related regulations and as an authorized
conservation easement holder under Minnesota Iaw. Any future holder of this
Easement shall have all of the rights conveyed to the Land Trust by this Easement.
As a condition of any assignxnent or transfer, the Land Trust will require any future
holder of this Easement to continue to carry out the purpose of this Easement in
perpetuity.
The Land Trust will notify the Owner of any assignment within thirty(30) days of the
assignment and will provide the Owner with the name and address of the new holder.
7.2. Amendment. Under appropriate circumstances, this Easement may be modified or
amended. However, no amendment or modification will be allowed if, in the sole and
exclusive judgment of the Land Trust any of the following apply:
� The amendment does not further the purposes of this Easement.
• The amendment will adversely impact the Conservation Values of the Protected
Property.
• The amendment affects the perpetual duration of this Easement.
• The amendment affects the validity of this Easement under Minnesota law or the
status of the Land Trust under Sections 501(c)(3) and 170(h) of the Internal
Revenue Code.
Any amendment or modif cation must be in writing and recorded in the same manner
as this Easement.
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7.3. Termination. This Easement may be terminated or extinguished only as follows:
� The Owner and the Land Trust recognize that circumstances may arise that make
continued use of the Protected Property in a manner consistent with the purpose
of this Easement irnpossible or impractical. In this event, this Easernent may be
extinguished through judicial proceedings.
• This Easement may be extinguished pursuant to the proper exercise of the power
of eminent domain.
7.4. Proceeds. Following any extinguishment or termination of this Easement in whole or
in part, the Land Trust shall be entitled to a portion of the proceeds from any sale,
exchange or involuntary conversion of the Protected Property,
The Land Trust's share of the proceeds shall be an amount equal to the fair market
value of this Easement at the time of the extinguishment but not less than an amount
equal to the�proporEionate value that this Easement bears to the value of the Protected
Property as a whole at the time of this conveyance.
The value af this Easement shall be calculated by the method required by the Internal
Revenue S�rvice for calculating an income tax deduction for the charitable donation
of a conservation easement.
The.Land Trust will use its shaze of any proceeds in a manner consistent with tlie
purpose o�this Easement.
7.5. Warranties: The current Owner represents and warrants as follows:
a. The Owner is the sole owner of the Protected Property in fee simple and has the
right and ability to convey this Easement to the Land Trust.
b. The Protected Property is free and clear of all rights, restrictions and
encumbrances other than those subordinated to this Easement or otherwise
, specifically agreed to by the Land Trust. The Land Trust acknowledges that the
Protected Property or a portion of it is subject to matters of record and is or will
be subject to a certain Grant of Permanent Flowage Easement in favor of the City
of Orono.
c. The Owner has no actual knowledge of any use or release of hazardous waste or
toxic substances on the Protected Property that is in violation of a federal, state, or
local.environmental law and will defend, indemnify and hold the Land Trust
harmless against any claims of contamination from such substances.
7.6. Ownershin Responsibilities Costs and Liabilities. The Owner retains all
responsibilities and shall bear all costs and liabilities of any kind related to the use,
ownership;and maintenance of the Protected Property.
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a. Taxes. The Owner shall pay a11 real estate taxes and assessments levied against
the Protected Property, includir�g any levied against the interest of the Land Trust
created by this Easement. The Land Trust may, at its discretion,pay any
"�outstanding taxes or assessments and shall then be entitled to reimbursement from
'the Owner.
b. Regulatorv Compliance. All activities or construct�on permitted by this Easement
shall be undertaken in accordance with applicahle federal, state and local laws,
regulations and ordinances and nothing in this Easement shall be construed to
exempt the Protected Property or the Owner from otherwise applicable laws or
regulations.
The Owner is solely responsible for obtaining any required governmental permits.
c. Indemnitv. The Owner shall defend, indemnify, and hold the Land Trust
harmless from any and all costs or liability for any loss, damage, or personal
injury occurririg on or related to the Protected Property or the existence of this
Easement, except to the extent attributable to the negligence of the Land Trust.
d. Insurance. The Owner will name the Land Trust as an additional insured on any
general liability insurance policy carried by the Owner with respect to the
Protected Property.
e. Future Environmental Condition. The Owner is solely responsible for Owner's
use or release on the Protected Property of any hazardous or toxic substances as
defined by the Comprehensive Environmental Response, Compensation and
Liability Act, the Minnesota Environmental Response and Liability Act, or other
similar successor federal, state or local law or regulation regarding responsibility
for environmental conditions associated with contamination. The Owner shall
take all steps necessary to assure any needed containment or remediation resulting
from any release of such substance.
7.7. Notice and Approval. Any notice or request for approval required by this Easement
must be in writing and is subject to the following:
a. Deliverv. Any required notice or request for approval must be delivered
personally or sent by first class mail or other nationally recognized delivery
service to the appropriate party at the following addresses (or other address
specified in writing):
To the Owner:
Edson and Harriet Spencer
1135 Springhill Road
Orono, MN 55356
To the Land Trust:
Minnesota Land Trust
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2356 University Avenue West
St. Paul, MN 55114
b. Timin�. Unless otherwise specified in this Easement, any required notice or
request for approval must be delivered at least 30 days prior to the date proposed
for initiating the activity in question.
c. Content. The notice or request for approval must include sufficient information to
allow the Trust to make an informed decision on whether any proposed activity is
consistent with the terms and purposes of this Easement. At a miniinum, this
should include:
• The location, nature, and scope of the proposed activity.
• The proposed use, design, and location of any building, structure or
improvement. �
• The potential impact on the Conservation Values of the Protected Property.
d. ApprovaL The Land Trust may withhold its approval if it determines that the
proposal is inconsisteilt.with the terms or purposes of this Easement or lacks
sufficient information to allow the Land Trust to reach an informed decision. The
Land Trust may condition its approval on the Owner's acceptance of
modifications, which would, in the Land Trust's judgment, make the proposed
activity consistent with the Easement or otherwise meet any concerns.
Approval of the Land Trust must be in writing to be effective.
7.8. Bindin Effect.: This Easement creates a property right immediately vested in the
Land Trust and its successors and assigns that cannot be terminated or extinguished
except as set out herein.
This Easement shall run with and burden the Protected Property in perpetuity. The
terms of this.Easement are binding and enforceable against the current Owner of the
Protected Property, all successors in title to the Protected Property and all other
parties entitled to possess or use the Protected Property.
If at any time the Land Trust or other holder of this Easement becomes the owner of
all or a portion of the fee interest in the Protected Property, this Easement shall not be
deemed to merge with the underlying fee interest but shall remain in force and effect
unless otherwise terminated or extinguished as set out herein.
7.�. Definitions. Unless the context requires otherwise, the term "Owner" includes,
jointly and severally, the current owner or owners of the Protected Property identified
above:and,their personal representatives, heirs, successors and assigns in title to the
Protecfed Property. The term"Land Trust"includes the Minnesota Land Trust and its
successors or assigns to its interest in this Easement.
14
7.10. Termination of Rights and Obli�ations. A party's rights and obligations under this
�, Easeinent terminate upon the transfer or termination of that party's interest in this
Easement or the Protected Property,provided, however, that any liability for acts or
omissions o.ccurring prior to the transfer or termination will survive that transfer or
termination.
7.11. RecordinQ. The Land Trust will record this Easement in a timely manner in the
� official records for the county in which the Protected Property is located. The Land
Trust may re-record this Easement or any other documents necessary to protect its
rights under this Easement or to assure the perpetual enforceability of this Easement.
7.12. Interpretation. This Easement shall be interpreted as follows.
a. Controllin�Law and Construction. This Easement shall be governed by the laws
of the State of Minnesota and construed to resolve any ambiguities or questions of
validity of specific provisions in favor of giving maximum effect to its
conservation purposes and to the policies and purposes of Minnesota Statutes
Chapter 84C.
b. •Severabilitv: A determination that anyprovision or specific application of this
Easement is invalid shall not affect the validity of the remaining provisions or any
future application.
c: �.Captions. Captions have been inserted in this document solely for convenience of
;reference and shall have no effect upon interpretation or construction.
d. Future Economic Condition. In conveying this Easement, the Owner has
-considered the possibility that uses of the Protected Property prohibited by this
Easement may in the future become more economically valuable than uses
permitted by this Easement and that neighboring properties maybe put entirely to
such proliibited uses. Such changes alone are not deemed to be circumstances
justifying the extinguishment of this Easement as otherwise set forth above.
7.13. Additional Documents. The Owner agrees to execute or provide any additional
documents reasonably needed by the Land Trust to carry out in perpetuity the
provisions and the intent of this Easement, including,but not Iimited to any
documents needed to correct any legal description or title matter or to comply with
any'federal; state, or local law, rule or regulation.
7.14. Entire Agreement. This document sets forth the entire agreement of the parties with
respect this Easement and supersedes all prior discussions or understandings.
, : 15
, �
� IN WITNESS WHEREO , the Owner has voluntarily executed this Conservation Easement on
the � � day of � i f 2007.
OWNER:
4
Edson W. Spencer
�
Harriet S. Spencer
-I�Y'i �n�
State of�� �
) ss
County of 1"YI Q.�,�c,�c� )
The foregoing instrument was acknowledged before me this�day of J���T�_
2007, by Edson W. Spencer and Harriet S. Spencer, husband and wife. �
i OFFICIAL SEAL ' �
ANN MARIE POIIAY G�'���-c�
NoteryPubl�-StateotArimna Notary Public
: r• MARICOPACOUN?Y
� M Comm,��aprn�7,zo�o My Commission Expires: y�/7�zoi0
16
ACCEPTANCE
The MINNESOTA LAND TRUST hereby accepts the foregoing Conservation Easement as of
the�_day of ,C�—p,r�, t , 200Z �
MINNESOTA LAND TRUST
By:
Titie: �
State of MINNESOTA )
) SS
County of Q )
The foregoin instrum t was acknowledged before me this�day of � � _,
200�by �a ne ��tas�c� , the _ ��,-o(�r„t of the
Minnesota Land Trust, a non-profit corporation under the laws of the State of Minnesota, on �
behalf of said corporation.
,����Z/�I ���''•
Notary Public
My Commission Expires:
;=- � �ENA M.SET2E
" ' y Notary Public
Minnesota
y Commission Expires January 31,2011
This document drafted by:
Minnesota Land Trust
2356�University Avenue West
St. Paul, MN 55114
»
EXHIBIT A
Legal Description of the Protected Property
Lot l, Block 1 and Outlot A, Spencer Addition, according to the plat on file and of record in the
office of the County Recorder, Hennepin County, Minnesota.
, :
�s
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