HomeMy WebLinkAboutcovenant of dedication STATE OF VIINNCSOTA )
)ss.
COUNTY OF N�uNCP/N )
COVCNANT OF DCD[CATION
Ti�e undersigned, 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 undersi�ned 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 tvitli tl�e terms and conditions sei forth herein.
STIPULATIONS OF FACT �
t. 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�u(aton•jurisdiction of said wetland pursuant to Section 404 of the Clean Water Act (33
USC 13�i-�).
='. That the.undersigned Coffn Corners Partnership is the Contract for Deed
Vendor oi Lots I - 6 inclusive, Block 3, and'Lots 1 - 4 inclusive, Block 4, Old Crystal
Bay Road Second �ddition, Hennepin Couniy, MN and the undersigned Orono Limited
Partne:srip is the owner in fee of the rea! estate described as Lots 1 - 5 inclusive, Block 1,
and Lots I - 6 inclusive, Block 2, Old Crysta! 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,
�1\'.
,
�. T}�at 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. Army Corps of Engineers
pursuant to Section �04 of the Clean Water Act.
-� That the undersi�ned applicant and the St. Paul District of the U. S. Army .
Corps of Eneineers have reached an agreement whereby the undersigned applicant will be
permitted to develop a portion of the wetland in accordance with the terms and conditions
of Corps of En�ineers Permit number 94-02434 NW JJy, 33 CFR 330 - App. A.
Natiomvide permit number (26); and, that in consideration for the permittee to develop the
wetland, the undersigned wi11 mitigate the adverse environmenta! effects resulting from the
development by dedicating the easements as defined in the attached E.Yhibit A for perpetual
use as a conservancy area in accordance witli the terms and conditions of this document
and the sbove mentioned permit. .��
P��in � Uf�1
�
i
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
the attached Exhibit 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
branted but for the dedication of the easements as contained on Erliibit 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
(26), to the undersigned applicant; and that said permit shall be issued in consideration for
the execution of this Covenant.
7. Tl�at 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 legal and/or
ec�uitable interest in the property described in Exhibit A; and that this Covenant shall run
with the (and and be binding on the undersigned and their heirs and assigns forever.
s. That the terms and conditions of this Covenant shall be both implicitly and
expiicitl}� incIuded in any transfer, conveyance, or encumbrance of the property described in
Eviioit � or any part thereof; and that any instrument of transfer, conveyance or
encumorance affecting ali or any part of the property described in Eshibit A sha11 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
�
Ttie undersi�ned, Coffin Corners Partnership warrants that it is the Contract for
De�� �'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 Exf�ibit A; and that the easemen'ts recited in Exhibic r� are hereby 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 dredged or fill material will be placed in the easement area of E:chibit A
exce�t as �rovided pursuant to permit number 94-02434 NW 1)y, 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.
['a�e , :�t'-=
3. No lumbering, mowing, drainage, burning, plowing or filling shall be
allo�ved or conducted on the easement area of E:chibit A. No domestic cattle, t�orses,
sl�eep or other livestock shall be kept or grazed on the easement area of Eshibit A.
4. No tilling, dumping, burning, grading, excavation, direci introduction of
uritreated storm water, and mowin� or other vegetation removal shall be allowed without
written approval tiom the Corps of Engineers:
5. Tl�at any unautf�orized prohibited activity in the conservation areas by tlie
��ermittee, subsequent property owners, or other parties shall be considered a permit
violation, and that the property owner and responsible parties may be the subject of
administrative, civil or criminai action.
6. Tliis Covenant of Dedication may be changed, modified or revoked only
upon written approva! of the District Engineer of the St. Paul District of the U.S. Army
Corps of Engineers. To be effective 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 forever sliall be bound by the terms and conditions set forth herein.
OR O L � -� PARTNERSHg'
.
by t,;���J ; � .h���>>- .
Presid nt of James Development �
Corpo ation, a Minnesota Corporation, a
General Partner of Orono Limited Partnership
,
ST.-�TE OF �II\'�iESOT� )
)ss .
COt,�T1' OF HE.WEPIN ) . -
TIie fore�oing instrument wa ack o�e�` ged before me this �mday of
\_ �CT�.:`nc_.� c 199�, by �,/I/Vl • C1'/Lil JCi�
1.�I'�.%�: .:�',:i+:'i. L�:�� :(�f� , a Nl�nnesota Corporation, a Generale Partner of
OROtiO LI��IITED P'AR � RSHIP, a Limited Partners ' nder the laws of Minnesota,
on behalf of the Limited Partriership.
' u►aaY ee�a -
�AMSEY CCUNT�gY�A ,
a,,�,�on s�a�e ,-2aaa 4 N ARY P IC
P��,� : ,�r�
COFFIN CORNERS PARTNERSHIP
bv
its i�'�ii�i���nr
J _��
ST�TL- OF �IINNESOTA ).
)SS
COUvTY OF HE�INEPIN )
Tl�e fore�oing instrument was acknorwlelg d b fore �e tl�is 17t;1 day ut'
�c�'r� � , 199�t, by ���on, �,. , General Panner o('
CUFFI�! CORIVERS PARTrIERSHIP, on behalfot'the pa er i .
Tt�is iiistrument �vas drafted by:
Sr�. .�L:��RT g.Tr1iti1BORNINO
ISUU Soo Linc 9u�lding .
,`lititt�^Dolis. �lV �5�1U2 LARRY BERG
(G�_____._�_�.� NOTARY PUBUC- MINNES07A
RAMSEY CC'UNTY
My commleston expirea 1-20-28 �
�
C�+�dt.l.,:� �t• ,n t� ',
; , L ,�►';' ?':.:!?�a„�� ��lD
I . _ 'A:,?" =� ��,iVIC�� ^
� � ^ ' -1�'�.=e� :i' .� . L�. 1 �i'1�L
' ^T ^1 �5a�
�..I .
`r>' •�� "�'1�'T'( '/lti'\J. .
" �r^c--� Jci'•J1'Y
.
� •
'�.. : �
. . . . . ..... _. ..� ,
�;
. �
An easement for wetland 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
westerty extensions across it of the north line of the south 60.00 feet of Lot 1, said
Bixk 2� and the south line of'said tot 1.
'ALSO
An easement for wetland purposes over that part of Lot 6, Block 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 alonc�the southerly 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 distance 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 trail 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, Btock 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northeasterly of a line
drawn from a point on the northerly line of said Lot 6 distant 205.00 feet easterly of
the northwest comer of said Lot 6, to a point on the southeasterly line of said Lot fi
distant 240.00 feet southwesterly of the most easteriy comer of said Lot fi.
ALSO
An sasement�or.wettand purposes ovec those parts of Lots 4 and 5, Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as foliows: Commencing
at the southeast corner of said Lot 4;tF�ence�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 60.00 feet;thence North 53 degrees East a distance of
2�.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 disfiance 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 easteriy along said
� southerty line to the point of beginning.
ALSO . ..
�
�
An easement for we�and purposes over those parts of Lots 2, 3,and 4, Block 3,
OLD CRYSTAL BAY ROAD SECOND ADDITION described as follows:
Commencing at the most northerly comer of said Lot 4;thence on an assumed. , ,
bearing of South 69 degrees 21 minutes 30 seconds West along the easteriy
segment of the northwesterly line of said Lot 4 a distance of 165.00 feet to the
point of beginning of the easement being described;thence South 35 degrees
West a distance of 140.00 feet;thence South 60 degrees West a distance of
140.00 feet;thence North 15 degrees West a distance of 50.�feet;thence North
25 degrees East a distance of 90.00 feet;thence North 68 degrees East a ,
distance of 160.00 feet;thence southeasterly to the point of beginning.
ALSO .
An easement for wetland purposes over that part of Lot 3� Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as foliows: Beginning at
the northwest corner of said Lot 3;thence on an assumed bearing of South 2
degrees 30 minutes East along the northeriy segment of the westerly line of said
Lot 3 a distance of 260.00 feet;thence South 40 degrees East a distance of 40.00
feet;thence North 63 degrees East a distance of 190.00 feet;thence South 85
degrees East a disfiance of 1�.00 feet;thence North 25 degrees West a distance
of 130.00 feet;tMence North 35�degrees �ast a distance of�O.OQ feet;thence .
North 70 degrees West to its intersection with the northerly line of said Lot 3;
thence westerly along said northerly line to the point of beginning.
ALSO
An easement for we�and purposes over that part of Lot 2, Biock 3;OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northerly of the following
described line: Cammencing at the northeast corner of said�Lot 2;thence on an
assumed bearing of South along the northerly segment of the easterly line of said
Lot 2 a distance of 267.06 feet to an angie point in said easterly line;thence South
2 degrees 30 minutes East along said easterly line a distance of 325.00 feet to the
point of beginning of the line being described;thence on a bearing of West a
disfiance 40.00 feet;thence North 3 degrees West a distance of 70.00 feet; thence
on a bearing of West to i�s intersection with the northerty segment of the west line
. of said Lot Z, and said line there ending.
ALSO
An easement for wetland purposes over that part of Lot 1, Blxk 3,OLD
CRYSTAL BAY ROAD SECOND ADDITION described as foliows: Commencing
at the southwest corner of said Lot 1;thence on an assumed bearing of North
� along the west line of said Lot 1 a distance of 285.00 feet to the point of beginning
of the easement being described;thence South 60 degrees East a distance of
40.00 feet;thence South 5 degrees East a.distance of 115.00 feet;thence North
80 degrees East a distance of fi0.00 feet;thence South 70 degrees East a , , .
distance of 60.00 feet;thence North 80 degrees East a distance of 80.00 feet;
thence North 5 degrees West a distance of 140.00 feet;thence North 35 degrees
East a distance of 60.00 feet;thence North 55 degrees West a distance of 40.00
feet;thence westerly to the notthwest corner of said Lot 1;thence south along said
west line to the point of beginning.
. �^ � I 1 � I" O N}�� , �e� � \� I .
J I � r. _ \� I
•, � I � � s� . �.� SB5`.—,��-� ,�
�; � W�� .� � �� , ��° o � �
� � �� , y� � �
\ o�l �V � ��r� �630 � �
o , � ��' � � Ia
� �
-S�9 27 E iA8.01 I �5+ �u
--- -- -- --� � � � I
� Iz � i �
� I '� � � �
I �:� �--:::' �
�i ,�. �„ � � I
� ' ' u`� � _
�/ b°I � / �
� N � �
I� �� /% m I � ���� ►^��,tg`Jp°�
cri �-' I �6°p°�� � "
�� �'� � ��%�= - "o� m ►
� g � _�� ,�I � i n I
, p��u/" � -' :•. � m r� i� � i I �
`'ti � �p,� ' pf� i �-c l J �- �_
, �
� y� ..
h.h � b� �� �' ►
5�`� ��� ���c � I` ' o sr--=__- --,
�e, � � `d�%� '292.op�"°°�'S�
� \ 2 � �� � ��/ �
N'6o� -` _ -" ^� `g ; � 1 r g5 �,, ,
� -- ' �� 5�° '� �e� .�
��
� �- /
r
_r� •
� _- -� Z g4.84 � o�o ye � o0
�-—--_ ., �
--— -.; tis �\ .�'� h� �p /',...2
, _"�'�?S� � � �v�1 O /
�4' \ �S� 59� � �
:.` p �o jO�� N / q �'�°4.
�,' lT/�� (I o�li V'\ �`�j- oy� h/ �►��1 / �P
7 i ���� � �� � ��� �� 'hh�" �`' �5 800E- �� i
"�e' °s '` �i � � � � ��,8°�' ►-—
� �� � ' �\ �1�k`� � �9 . ��
�
� c�o Iz �� --Y .� �75, / �,� ��
� �� / ,i
� ��� (� \\ ps� ��/' ' �"l� I i��
� �
i �x �� �, .�,. �d 2/�� - ,
v�I , � .do 1' — -_._ -, 32R q� �•
g � �g � °'� `�° ' � .
� S ' � N �W
°A
� � ..'• �6 SD
: �$ ��( `" � . -S°� .?/ `'�� 4�j.2,
-o"�'� ^ ,� �` �'�G1p
g�� s a'o� -- �gp.0�
� �g�� �� a � J 583,/S�JE ` —
�G ��e3�j /5 ;��' a'���1� �67.6I� r -' '377. �
�� �' � 2� ,.... 64 _.
's,�. ►';3Z' / � q�.�3 7�� � I
4 , • �2
5 7"/ 'o'� �,�Z o=t�b� ' �
��,`'�� / 2 � � 1
_ _. .._._/ , �Qv / ��J� � �cn
583'y✓ � 276.55 "'�`� �'E `" )? � I �o
�-: � c� I �rn c �C
� �g 5�ov� �a�w �� � �
3
� � bh°� � 4 � I � W
��
Z , .�� � � •��o io5��
� ti
a� y�o `�� I I� 5 bp°� ,•
� X
W h-�.' I I q�
� X�°�\ , � � ti°`. • ........ ., .
� ' � �