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Home My WebLink Aboutcovenant of dedication ' � � � � �-v s -�,S ��--� � ST�TE OF �IINNESOTA ) )ss. COU�1T'Y OF N�uNCP�N � COVCNqNT OF DCD[CATION Tfie undersi�ned, Orono Limited Partnership, a Minnesota Limited Partnership, and Cof�in Corners Partnership, a Minnesota Partnership now stipulates to the followin� statement of facts; and the undersi�ned further agrees to restrict the use and title of tlie realt}� described in Exhibit A to this document (hereinafter referred to as E:chibit A) in accordance �.vitl� tlie terms and conditions set forth herein. STIPULATIONS OF FACT �. Tliat the undersigned Orono Limited Partnership is the applicant for a Corps of En�inee;s permit number 94-02434 NW JJy, 33 CFR 330 - App. A. Nationwide permit number (�G) to develop wetland; and that the U. S. Army Corps of Engineers has re�ulaton•jur,'sdiction of said wetland pursuant to Section 404 of the Clean Water Act (33 USC 13�-�1. �. That the undersigned Coffin Corners Partnership is the Contract for Deed Vendor or Lots 1 - 6 inclusive, Block 3, and:Lots 1 - 4 inclusive, Block 4, Old Crystal Bav Road Second �ddition, Hennepin County, MN and the undersigned Orono Limited Part�e:si;ip is the owner in fee of the real estate described as Lots 1 - 5 inclusive, Block 1, and Lots 1 - 6 inclusive, Block 2, Old Crystal Bay Road Second Addition Hennepin Count��, �i�' and is the Contract for Deed purchaser of Lots 1 - 6 inclusive, Block 3, and ` Lots 1 - -�, inciusi��e, Block 4 Old Crystal Bay Road Second Addition, Hennepin County, �l\. �. Tfiat a pprtion of the real estate described above is a wetland under tlie re�ulaton� ;ursdiction of the St. Paul District of the U. S. Army Corps of Engineers pursuant ;o Sec:ion �04 of the Clean Water Act. -� That the undersigned applicant and the St. Paul District of the U. S. Army Corps or E:�einee:s have reached an agreement whereby the undersigned applicant will be permitted to develop a portion of tlie wetland in accordance with the terms and conditions of Corps or' En�ineers Permit number 94-02434 NW JJy, 33 CFR 330 - App. A. Natiom��ide permit number (26); and, that in consideration for the pernuttee to develop the wetland, the undersigned will mitigate the adverse environmenta! effects resulting from the developme:�t by dedicating the easements as defined in the attached Eshibit A for perpetual use as a consen•anc�� area in accordance wit1� the terms and conditions of this document and the above mentioned permit. / ['a��e 1 �.�f-� c , t . . � ` • 1 , 5. That the above mentioned dedication shall consist of the execution of this docucnent by all parties necessary to restrict the use and title of the easements as defined in tl�e attached Exliibit A; and that this document shall be recorded in the Office of tl�e County Recorder for Hennepin County, Minnesota. G. Tl�at a permit to develop the wetland above described would not l�ave been �ranted but for the dedication of the easements as contained on Eshibit A for use as conservancy area; and, that upon receipt of a certified copy of this document, as recorded in the Office of the County Recorder for Hennepin County, Minnesota, the District Engineer of the St. Paul District of the U.S. Army Corps of Engineers will issue a validated permit, number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit number (2G), to the undersiSned applicant; and that said pecmit shall be issued in consideration for ttie execution of this Covenant. 7. Tl�at the terms and conditions of tliis Covenant of Bedication shall, as of tiie date of execution of this document, bind the undersigned to the extent or their lebal and/or equitable interest in the property described in Exhibit A; and that this Covenant shall nln with the land and be binding on the undersigned and their heirs and assi�ns forever. s. T}�at the terms and conditions of this Covenant shall be both implicitly and expiicitly incIuded in any transfer, conveyance, or encumbrance of the property described in Exhioi� � or any part thereof; and that any instrument of transfer, conveyance or encumorance affecting all or any part of the property described in Exhibit A shall set forth the ;erms and conditions of this document either by reference to this document or set forth in �uil text. DEED AND USE RESTRICTIONS � Ttie undersigned, Coffin Corners Partnership warrants that it is the Contract for Deea �'eador as recited above and Orono Limited Partnership hereby warrants that they are ;he Owner in fee and Contract for Deed Vendees as recited above of the realty descrioed as Exfiibit A; and that the easements recited in Exhibit r� are liereby dedicated in pe:pe:;:it}• for use as a conservancy area. The undersi�ned Orono Limited Partnership and Coffin Corners Partnership hereby agree :o restrict tlie use and title of the easement area as recited in E.�chibit A as follows: 1. No dred�ed or fiil material will be placed in the easement area of E.�chibit A exce�t as �rovided pursuant to permit number 94-02434 NW JJy, 33 CFR 330 - App. A. Natiomvide permit numb�r(26). '' No commercial, industrial, agricultural or residential developments, structures or buildings shall be allowed or permitted in the easement area of Exhibit A. �'z��r , ;,t�� ` 3. No lumbering, mowing, drainage, burning, plowing or filling shall be a(lo�ved or conducted on the easement area of Exhibit A. No domestic cattle, horses, sl�eep or other livestock shall be kept or grazed on the easement area of Exhibit A. �. Nu tillin�, dumping, burning, grading, excavation, direct introduction of u>>trcatcd storm water, and mowing or other vegetation removal shall be allowed without �vritten approval fcom the Corps of Engineers: 5. Tl�at any unauthorized prohibited activity in the conservation areas by tlie ��ermittee, subsequent property owners, or other parties shall be considered a permit ��iolation, and that the property owner and responsible parties may be the subject of administratiti•e, civil or criminal action. - G. Ttiis Covenant of Dedication may be changed, modified or revoked on(y upon written approval of the District Engineer of the St. Paul District of the U.S. Army Corps of Eneineers. To be effective such approva! must be witnessed, authenticated and recorded pursuant to the la�v of the State��f Minnesota. %. T'liis Covenant is made in perpetuity such that the present owner and its heirs and assi«ns foreti�er s(�all be bound by the terms and conditions set forth herein. OR O L � -� PARTNERSHIP . � bY 1 i!I�-� ; � -��(1�1; . Presid nt of James Development � Corpo ation, a Minnesota Corporation, a General Partner of Orono Limited Partnersl�ip , ST.-�TE OF ti1I\^1ESOTr1 ) )ss . COL.�T�' OF HE:W�EpI�I ) � ' Ttie fores:oin� instrument wa ack o�e�ged before me this �rnday of � �Ct�:`nc..rl � 199�t bY ��ll'v'l � 1,1'/L�1 JC�� 1.11!�.;I': . r'��+:'i, ��:,cy:(�� ' President of , a Minnesota Corporation, a General Partner of ORO\0 Lliti1ITED P.'AR�I�Ip, a Limited Partners ' nder the laws of Minnesota, on behalf of the Limited Partnership. .,.........—o..-, � LARRY BERC3 � �RAMSEY CG'UNTY�TA �,y�w�+�a�� ,-2o-aa d N ARY P IC ` f��<<<� _ ��t'� COFFIN CORNERS PARTNEItSHIP by � its ri ;, J ST�TL- OF �IINNESOTA ) )SS COUVTY OF HE�f�1EpIN ) T}�e foregoin� instrument was acknorwiedg d b Eorc le tliis 1' ta-� day ut' ��,� � , 199�, by ��o�, �. , General Partner oC CUFFI�! COR,'VERS PARTIVERSHIP, vn bef�alfot'tf�e pa er i . Tliis instcument was draRed by: SAEiEt. .�L'�`ERT�.Tr1�ti1BpRN[NO l�UU Soo Linc BuiIding , tititttt:,apolis. �IN SS�lU2 LARRY BERG �G�_______�,�•� NOTARY PUBUC - MINNESOTA RAMSEY CQUNTY My commlaslon axplres t-2o-P8 � c ,� c�„a��..:. ,n�• �.� ,.,. �;.,� ia;;C� 'AID , , ,� .. ..;I? � � T,y�.:.=^� =n :_'iV��v� � � ^ - � T • � :�•_ _' �. '��^ . . �� 1 �'�.'s�..ii-_i . G.� I � L.LJ 10�'� ^T �SQ� uc --.•� ,,,•�T'/ '�itiN. . ' Jc"r'•.:1'Y � ��,. _ . � , . . � ALSO An easement for wetland purposes over the southeasterly 30.00 feet of that part of said Lot 1 which lies within 40.00 feet of each side of line drawn northwesterly perpendicular to the southeasterly line of said Lot 1 from a point on said "southeasterty li�e distant 120.�feet northeasteriy of the most westeriy corner of Ou�ot A, said OLD CRYSTAL BAY ROAD SECOND ADDITION. ALSO An easement for wetland purposes over that part of Lot 4, Block 4, OLD CRYSTAL BAY ROAD SECOND ADDITION which lies westerly of the foilowing described line: �ommencing�at the soutFieast corner of said Lot 4; thence on an assumed bearing of North 89 degrees�06 minutes 48 secor�ds West along the southeriy line of said Lot 4 a distance 262.09 feet to the southwest comer of said Lot 4, and the point of beginning of the line being described;thence North 50 degrees East a distance of 30.00 feet;thence North 40 degrees West a distance of 110.00 feet;thence North 45 degrees East a distance of 45.00 feet;thence North 60 degrees West to the northwesterly line of said Lo�4, and said line there ending. •� ALSO � An easement for wetiand purposes over that part of Lot 3� Biock 4, OLD CRYSTAL BAY ROAD SECOND ADDITION which lies northeasterly of the following described line: Commencing at the southeast corner of said Lot 3; thence on an assumed bearing of Notth along the east line of said Lot 3 a • distance of 285.00 feet to the point of beginning of the line being described; � thence North 45 degrees West a distance of 65.00 feet;thence South 85 degrees West a distance of 60.00 feet;thence North 20 degrees West to the northwesterly line of said Lot 3, and said line there ending. / /1 r� �, 1 �� , �, "��; !f,- �n� v l J v r� � �, �, �'� `J � � � � � �� , ,, �� .� � , r� `=� �� :� �_, n� lJ �� I`� � � 589°064$"E 947.35 ..-- �, L`� r- zo� s � --� -- – -- — — . — — — — � Zg2.15 � , �� i � ' S55.74 � '� weFlo�ds � pp �" � � `j � � � �� eosemenf; .titAR,3� �:235.12 � 589°o6'q$"E � � 3 �� . 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