HomeMy WebLinkAboutCovenant of dedication STATE OF VIINNCSOTA )
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COUNTYOF NCuMCPIN)
COVCNANT OF DCDtCATION
Tl�e undersi�ned, Orono Limited Partnership, a Minnesota Limited Partnership, and
Cof�in Corners Partnership, a Minnesota Partnership now stipulates to the following
statement of facts; and the undersigned further agrees to restrict the use and title of tlie
realty described in Exhibit A to this document (hereinafter referred to as E.�chibit A) in
accordance tivitli tt�e terms and conditions set forth herein.
STIPULATIONS OF FACT �
1. Tliat the undersigned Orono Limited Partnership is the applicant for a Corps.
of En�inee:s permit number 94-02434 NW ,TJy, 33 CFR 330 - App: A. Nationwide permit
number (�G) to develop wetland; and that the U. S. Army Corps of Engineers has
re�ulatoR•jurisdiction of said wetland pursuant to Section 404 of the Clean Water Act (33
USC 13�-�).
='. That the.undersigned Cof�in Corners Partnership is the Contract for Deed
Vendor oi Lots 1 - 6 inclusive, Block 3, and'Lots 1 - 4 inclusive, Block 4, Old Crystal
Bay Road Second �ddition, Hennepin County, MN arid the undersigned Orono Limited
Partne:s'r,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 - -�, inclusive, Block 4 Old Crystal Bay Road Second Addition, Hennepin County,
�1�'.
,
�. Tliat a pprcion of the real estate described above is a wetland under tlie
re�ulaton� jurisdiction of the St. Paul District of the U. S. Aimy Corps of Engineers
pursuant to Section �104 of the CIean Water Act.
� That the undersi�ned applicant and the St. Paul District of the U. S. Army
Corps or Engineers have reached an agreement whereby the undersigned applicant will be
permitted to develop a porcion of tl�e wetland in accordance with the terms and conditions
of Corps of En�ineers Permit number 94-02434 NW 1Jy, 33 CFR 330 - App. A.
Natiom��ide permit number (26); and, that in consideration for the permittee to develop the
wetland, the undersigned wi11 mitigate the adverse environmental effects resulting from the
development by dedicating the easements as defined in the attached E.Yhibit A for perpetua!
use as a consen•ancy area in accordance witli the terms and conditions of this document
and the above mentioned permit. .�
Pa<Je 1 �f s
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5. That the above mentioned dedication shall consist of the e.cecution of this
document by all parties necessary to restrict the use and title of the easements as defined in
tl�e attached Esl�ibit A; and that this document shall be recorded in the Office of the
County Recorder for Hennepin County, Minnesota.
G. Tl�at a permit to develop the wetland above described would not I�ave been
granted but for the dedication of the easements as contained on E:cl�ibit 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
En�ineer 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 undersi�ned applicant; and that said permit shall be issued in consideration for
the execution of this Covenant.
7. Tliat the ierms and conditions of tliis Covenant of Dedicacion shall, as of tiie
date of execution of this document, bind the undersigned to the extent or their le�al and/or
equitable interest in the property described in Exhibit A; and that this Covenant shall cun
with the land and be binding on the undersigned and their heirs and assigns forever.
s. That the terms and conditions of this Covenant shalI be both implicitly and
expiicitl}• incIuded in any transfer, conveyance, or encumbrance of the property described in
Exhibic � 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 r'uil text.
DEED AND USE RESTRICTIONS
�
Tlie undersigned, Coffin Corners Partnership warrants that it is the Contract for
Deed �'endor as recited above and Orono Limited Partnership hereby warrants that they
are :he Otivner in fee and Contract for Deed Vendees as recited above of the realty
descr;oed as Eshibit A; and that the easements recited in Lxliibit r� are hereby dedicated in
pe;pe:uit}• for use as a conservancy area.
The undersigned 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 dredged or fil! material will be placed in the easement area of E:chibit A
esce�t as provided pursuant to permit number 94-02434 NW 71y, 33 CFR 330 - App. A.
Natiom��ide permit numb�r(26).
=' No commercial, industrial, agricultural or residential 'developments,
structures or buildings shall be allowed or permitted in the easement area of E;chibit A.
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3. No (umbering, mowing, drainage, burning, plowing or filling shall be
allowed or conducted on the easement area of E:chibit A. No domestic cattle, horses,
sl�eep or other iivestock shall be kept or grazed on the easement area of Eshibit A.
�. No tilling, dumpin�, burning, grading, excavation, direct introduction of
uiitreatcd storm water, and mowin� or other vegeiation removal shall be allowed without
written approval fcom the Corps of En�ineers:
5. Tl�at any unauthorized prohibited activicy in the conservation areas by the
��ermittee, subsequent property owners, or other pacties shall be considered a permit
violation, and that the property owner and responsible parcies may be the subject of
administrative, civil or criminal action. -
G. T}�is Covenant of Dedication may be changed, modified or revoked only
upon written approval of the District�Engineer of the St. Pau! District of the U.S. Army
Corps of Engineers. To be ef�'ective such approval must be witnessed, authenticated and
recorded pursuant to the law of the State��of Minnesota.
%. Tliis Covenant is made in perpetuity such that the present owner and its
heirs and assi«ns foreti�er sl�ail be bound by the terms and conditions set forth herein.
OR O L , -� PARTNERSHg'
. �
by E;+I�� ; M���-�, . .
Presid nt ofJames Development '•
Corpo ation, a Minnesota Corporation, a
General Partner of Orono Limited Partnership
,
ST.-�TE OF `ll�,�ESOTr1 )
)ss .
CQL�T�' OF HE.V�tEpIN ) � `
Tlie fores:oin� instrument wa ack o�e�' ged before me this �mday of
� �CT��r� � 199�, by �/IlV% . L 1'/Li 1 JC��
1.�i!�.; ; . i'�i�:'i, L�:,t :,�f� President of
. , a Minnesota Corporation, a General Partner of
ORO\0 LI�tiIITED PAR � RSI-iIP, a Limited Partners ' nder the taws of Minnesota,
on behalf of the Limited Partnership.
,
' �►aRY BE�o �
�RAMSEY CG'UNTY A ,
�,�y��a�,,,, �•2asa d N ARY P IC
P���e � ��t 1
COFFIN CORNERS PARTNERSHIP
by �
its ri „
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ST�TL- OF tiIINNESOTA )
)SS
COWTY OF HE�EpIT( )
Tlie fore�oin� instrument wa., acknorwled� d b fore ie this ♦�t;1 da�� ot'
���r-•h� � , 199�, by ���o�, �,. , General Partner uC
CUFFI�t CORl'VERS PARTNERSHIP, on behalfofthe pa er i .
Tliis instrument �vas drafted by:
SrtELR. �L'ti'ERT��!'r�utiffipRNINO
1 SUU Soo Linc 3uilding .
�`�!!1l1:.�00I15. �t�l �S-1U2 LARRY BERa
�G�____=__�`�.� NOTARY PUBUC - MINNESOTA
RAMSEY CQUNTY
; : MY commleslon axplrea 1-2aP8 �
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An easement for wetiand purposes over that part of the East 20.00 feet of Lot 2,
Block 2, OLD CRYSTAL BAY ROAD SECOND ADDITION which lies between the
westerly extensions across it of the north line of the south 60.00 feet of Lot 1, said
Block 2� and the south line of'said Lot 1.
'ALSO
An easement for wetland purposes over that part of Lot fi, B)ock 2, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Beginning at
the southwest comer of said Lot 6; thence on an assumed bearing of South 81
degrees East along the southerty line of said Lot 6 a distance of 105.00 feet;
.thence North 60 degrees West a distance of 110.00 feet; thence North 48 degrees
East a disfiance of 90.00 feet;thence North 80 degrees East a distance of 80.00 .
feet;thence on a bearing of North a distance of 20.00 feet;thence South 87
� degrees West a distance of 110.00 feet;thence South 38 degrees West to the , ,
west line of said Lot 6;thence southerly along said west line to the point of
beginning. _
ALSO
An easement for Vail purposes over the northerly 5.00 feet of Lot 6, Block 2, .OLD
CRYSTAL BAY ROAD SECOND ADDITION.
. Coffin parcel
An easement for wetland purposes over that part of Lot 6, BIocK 3, OLD
CRYSTAL B�AY ROAD SECOND ADDITION which lies northeasterly of a line
drawn from a point on the nottherly line of said Lot 6 distant 205.00 feet easteriy of
the northwest corner of said Lot fi,to a point on the southeasterly line of said Lot 6
disfiant 240.00 feet southwesterly of the most easterly corner of said Lot 6.
ALSO
An �asement�or.wetland purposes o�er.those parts of Lots 4 and 5, Block 3, OLD .
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Commencing
at the southeast corner of said Lot 4;thence�on an assumed bearing of North 89
degrees West along the southerly line of said Lot 4 a distance of 58.21 feet to the
point of beginning of the easement being described;thence North 30 degrees
East a distance of 85.00 feet;�thence South 75 degrees East a distance of 30.00
feet;thence North 20 degrees East a distance of 65.00 feet;thence South 80
degrees East a distance of fi0.00 feet;thence North 53 degrees East a distance of ,
200.00 feet;thence North 30 degrees West a distance of 45.00 feet;thence on a
bearing of West a distance of 90.00 feet;thence South 53 degrees West a
distance of 100.00 feet;thence South 30 degrees West a distance of 70.00 feet;
thence South 70 degrees West a distance of 100.00 feet;thence South 35
degrees West a distance of 80.00 feet;thence South 20 degrees East to its
intersection with the southerly line of said Lot 4;thence easterly along said
� southerty line to the point of beginning.
ALSO . .
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