HomeMy WebLinkAboutpermanet flowage/conservation easement/restictive covenant GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT
AND RESTRICTIVE COVENANT
This Grant of Permanent Flowage and conservation Easemeiand Restrictive Covenant
(this "Agreement") is made this 74* day of attu& y , 201q by ait V4laLon6).
[Individual/Homeowner] [an individual_under the laws of the State of
MN , if entity] (whether one or more, "Grantor"), in favor of the City of Orono,
a Minnesota municipal corporation (the"City") and is based on the following facts:
A. Grantor has represented to the City that Grantor is the owner of fee title to real property
legally described as Lot 5 , Block / MOONEY LAKE PRESERVE, Hennepin
County, Minnesota(the "Property").
B. The City has required, as a condition to construction of any buildings on the Property, the
creation of a rain garden on the Property and the execution and delivery of this
Agreement.
NOW, THEREFORE, in consideration of the facts stated above and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantor, Grantor hereby creates and grants unto the City a permanent easement for wetland
flowage and conservation purposes over, under, on and across that part of the Property legally
described on Exhibit "A", attached hereto and made a part hereof by this reference (the
"Easement Area") on the terms and subject to the conditions set forth below.
Grantor, on behalf of Grantor and Grantor's successors in title to the Property, hereby
covenants and agrees as follows:
1. Title. Grantor hereby represents and warrants to the City that Grantor is the owner of fee
title to the Property, free and clear of all liens and encumbrances except any liens or
encumbrances the holders of which have joined in and consented to this Agreement.
2. Creation and Maintenance of Rain Garden. Grantor shall create within the Easement
Area a rain garden for stormwater detention and drainage purposes in accordance with
the plans therefor approved by the City's Engineer, and Grantor thereafter shall maintain
the rain garden in perpetuity, free from mowing or other vegetative disturbance as an
2993576v1
"acceptable wetland area" as described in the ordinances of the City. The restrictions on
an"acceptable wetland area" shall govern over any conflict with prohibited and permitted
uses otherwise set forth in this Agreement. Specifically, Grantor shall not construct or
install within the Easement Area any building, structure, walkway, fence, retaining wall,
fireplace, pole, playground equipment, road, hard cover, underground utility lines, or
utility distribution equipment, except feeders, birdhouses and other devices intended to
foster wildlife, retaining walls when allowed by City ordinance and under a valid permit
issued by the City, and non-hard cover walking paths when approved in writing by the
City. After creation of the rain garden no cutting, mowing or removing of shrubs or other
vegetation, cutting, destroying or removing of trees greater than four inches in diameter
except for disease control by or as directed by a governmental agency or by special
permit for maintenance as part of an approved vegetation management plan and to
maintain, repair and reconstruct the rain garden, shall be permitted. The foregoing shall
not prohibit the removal of brush, diseased or dead trees of any size, and buckthorn and
noxious weeds, from the Easement Area. After creation of the rain garden, no excavation
or filling or material alteration of the grade of the Easement Area, including changes to
the size, depth or contour of the Easement Area, dredging, mining or removal of earth,
loam, peat, gravel, soil or any other natural material, shall be permitted. Grantor shall not
permit the free roaming of domestic animals in the Easement Area or the deposit of
waste, yard waste or debris therein. Grantor shall not apply in the Easement Area any
fertilizers, whether natural or chemical, chemicals for the destruction or retardation of
vegetation, herbicides, pesticides or insecticides, except for noxious weed control by or
as directed by a governmental agency. No outside storage of any kind shall be permitted
in the Easement Area.
3. Rights of the City. Grantor, for itself and its successors in title to the Property, hereby
grants to the City the affirmative right, but not the obligation, in order to effectuate the
purposes of this Agreement, to preserve, improve and enhance the slope, trees, vegetation
and natural habitat of the Easement Area by altering, clearing and removing trees or other
vegetation, changing the contour of the land, and planting trees and other vegetation, and
to enter upon the Easement Area at any time to enforce compliance with the terms of this
Agreement.
4. Grant of Flowage Easement. Grantor hereby grants, gifts, quitclaims and conveys to the
City a perpetual flowage easement and right and privilege to trespass with water over and
upon any or all of the Easement Area.
5. Release. Grantor, for itself and its successors in title to the Property, hereby remises,
releases, acquits and forever discharges the City and any and all of its officers and
employees of and from any and all claims, demands or causes of action of any kind or
nature whatsoever which may arise or accrue by virtue of any flowage or trespass with
water over and upon any or all of the Easement Area as permitted by this Agreement.
6. No public interest. Nothing contained in this Agreement shall be construed as creating
any rights in the general public or as dedicating for public use any portion of the
Easement Area, except as expressly described in this Agreement.
2993576x1 -2-
7. Amendment. This Agreement may be amended only by an instrument duly executed by
the City and the owner of the Property.
8. City Engineer Approval. By executing this Agreement in the space provided below, the
City Engineer of the City evidences that this Agreement, and the plans for the rain garden
on the Property submitted in connection with this Agreement, satisfy the requirements of
the City.
IN WITNESS WHEREOF, Grantor has executed this Agreement effective as of the day
and year first written above.
GRANTOR:
STATE OF N\N )
ss.
COUNTY OF5COf )
The fore oing instrument was acknowledged before me this7 day of()011r
20 `A , by t. Nt G'C"\ ' G 1 Cj r-k_ and
[Individual/Homeowner].
•
�� :A.� .t i` rl/,�;,J A l is ,v
otary blic
�lrlrrr..e�1J.rrifr�1��1✓.r✓.irt✓�i".�
ti ;""�?_ MARGARET FRANCES ALBRECH
STATE OF (� ) V i'a; NOTARY Puc. SOTA
) ss. '" ;aFs icy Carcnss4cc E �31,2021
COUNTY OF�( )
rrr rrt�1✓rlr�- i✓r�irrl�rry
The fore oing instrument as acknowledged before me this day of�)Ginu\c/�1,
20 \ , by � Y\ , a
by , its
•
-,...j,
.A..„ ,_ _......, I s. �'
Notary Publi
' n,,�A MARGARET FRANCES A1.BRECHT ,�
NOTARY PUBLIC•MNNESOTA ,
g : .. My Comrrmai ESS JL 31,2421
tfr::;-,--;-_..-.,...... •. .a vv✓,. .✓ rr✓lr✓_,v
2993576v1 -3-
Reviewed and Approved By:
City Engineer, City of Orono
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
2993576v1 -4-
EXHIBIT A
EASEMENT AREA
That part of Lot 3 , Block I MOONEY LAKE PRESERVE, Hennepin
County, Minnesota, legally described as follows:
2993576v1
Le-i=d desc for I , 'F,Mcone. Lake Dr_.pdf- Adobe 'Acrobat P'eaJer DC
File Edit View Window Help
Home Tools Legal desc.for 102... x
B45 $p i 1 r 1 O 59,8% ...
A
Lot 3,Block 1,MOONEY LAKE.PRESERVE
110.
Reply (-Gil Reply All l)'.'Forward
Wed 12/19/2018 1128 PM
M Mark <markaggronbergassoc_corn
legal description
To Lynn Sheldon
Legal desc.for 1020 Mooney Lake Dr..pdf
P¢ I 5 KB
CAUTION:EXTERNAL
Sorry: Here is the attachment.
PROPOSED RAIN GARDEN& INFILTRATION AREA EASEMENT LEGAL
DESCRIPTIONS
IN LOT 3, BLOCK 1, MOONEY LAKE PRESERVE
January 9, 2019
WEST RAIN GARDEN
An easement for a rain garden over, under and across that part of Lot 3, Block 1, Mooney Lake
Preserve, described as follows: Commencing at the Northwest corner of said Lot 3; thence on an
assumed bearing of North 75 degrees 24 minutes 28 seconds East along the northerly line of said
Lot 3 a distance of 172.00 feet; thence South 24 degrees East a distance of 61.00 feet to the point
of beginning of said easement; thence North 65 degrees East a distance of 86.00 feet; thence
North 85 degrees East a distance of 39.00 feet; thence South 76 degrees East a distance of 33.00
feet; thence South 58 degrees East a distance of 28.00 feet; thence South 25 degrees West a
distance of 54.00 feet; thence North 81 degrees West a distance of 50.57 feet; thence South 86
degrees West a distance of 86.58 feet to its intersection with a line drawn on a bearing of South
24 degrees East from the point of beginning; thence North 24 degrees West a distance of 33.00
feet to the point of beginning.
EAST RAIN GARDEN
An easement for a rain garden over, under and across that part of Lot 3, Block 1, Mooney Lake
Preserve, described as follows: Commencing at the most Southerly corner of said Lot 3; thence
on an assumed bearing of North 41 degrees 12 minutes 13 seconds East along the Southeasterly
line of said Lot 3 a distance of 392.00 feet to the point of beginning of said easement; thence
North 33 degrees West a distance of 104.76 feet; thence North 77 degrees West a distance of
24.09 feet; thence South 77 degrees West a distance of 15.00 feet; thence North 37 degrees West
a distance of 12.00 feet; thence North 54 degrees East a distance of 14.00 feet; thence South 77
degrees East a distance of 37.00 feet; thence North 37 degrees East a distance of 34.94 feet;
thence South 57 degrees East a distance of 112.31 feet to said Southeasterly line; thence South
41 degrees 12 minutes 13 seconds West along said Southeasterly line a distance of 87.00 feet to
the point of beginning.
INFILTRATION AREA
An easement for an infiltration area over, under and across that part of Lot 3, Block 1, Mooney
Lake Preserve, described as follows: Beginning at the Southwest corner of said Lot 3; thence on
an assumed bearing of South 81 degrees 34 minutes 08 seconds East along the southerly line of
said Lot 3 a distance of 40.00 feet; thence North 5 degrees East a distance of 135.00 feet; thence
North 85 degrees West to the westerly line of said Lot 3; thence southerly along said westerly
line to the point of beginning.
›- W zv a U
W < u CO i x& LU t W I oo
0 J v=io •• ' -• -■C� r (n II o a �I
•
/ 1•
O `�S!
°6Z 43) .ti ' \ 8 S
Zai �,`
Navwi •.•"/�,ti k/Zz \
k w0W ^ ow
p
4.;-1,p� �Sb (9 w NOk o6� \
o \W ^Op
c>L., ,'o���
\ u, o \ 0 ,°!
1 SZ,,v,1 z s) o 0/LS
\ -SIv) S'.
• 1 w YQ
1 p
/
/
/
/ '
• 1 'V / •
\ h�pp / •
d, 62,N,
to 1 .H / JM
W \
[„o ----oo". s / !NO
CC 1 uo S.
n , / z
0 �e ei w
w vi° <
'^ a
L.L. L / 1�o •Z" FON w
T/1 w coo,z 0 o Z ( 0
V1 � Q 1z �Z
W ¢w ?
1 0� Q
Q ♦— a¢ m�' I o
���r� W 1 w .oa`oo 1 z
Q ' Q w 1 ,o
cA o. x N
Z N 1 1-•• in
w 15
w o ~ • 1
� � � z 1 I o -•
J
Q • o, \ ili
N Z
Qr— U 1 0
Z ^ Y z 1 -7 Z I
U — o�
1 / �W i�� I
� w � z J I
rr') _ • „ J ; 00'S'L 3 ,SO N
•Q
J J O . •
_moi• ".
Z o O
z I a,
NO
CONSENT OF MORTGAGEE
Maio 6.e , a r4sio under the laws of
, the owner and holder of a mortgage encumbering the Property
described in the foregoing Agreement, hereby consents to said Agreement and agrees that its
right, title, lien and interest in and to the Property is and shall be subject to the terms of said
Agreement.
By
Its:
STATE OF Y )
) ss.
COUNTY OF al5 )
The foregoing instrument was acknowledged before me this 7 day ofcQ� al ,
20 `� , by (P-)NIGki(\ , the of
, a under the laws of the State of
, on behalf of said
A iy'L
otary ,1ic
/d•'.'A MARGARET FRANCES ALBRECHT �)
"r J NOTARY PUBLIC-IAMESOTA
My German Expires Jan 31,2021
2993576v1