HomeMy WebLinkAboutcovenant of dedication ST,�TE OF VIINNESOT'r1 ) :
)ss.
COUNTY OF Nr,vrVCPIN�
COVCNANT OF DCDICATION
Tf�e undersigned, Orono Limited Parcnership, a Minnesota Limited Partnership, and
Coffin Corners Partnership, a Minnesota Partnership now stipulaies to the followin�
stacement of facts; and the undersisned further agrees to restrict the use and title of tlie
reatty described in Exhibit A to this document (hereinafter referred to as E:chibit A) in
accordance witli tlie terms and conditions set forth herein.
STIPULATIONS O�FACT �
�. Tliat the undersigned Orono Limited Partnerslup is the applicant for a Cor s
of En�ine�:s permit number 9�-02434 NW JJy, 33 CFR 330 - App. A Nationwide perm.it
number (�G) to develop wetiand; and that the U. S. Army Corps of Engineers has
re�►utaton•jurisdiction of said wetland pursuant to Section 404 oFthe Clean Water Act (33
USC 13�-t).
=. That the.undersigned Co�n Corners Partnership is the Contract for Deed
Vendor oi Lots I - 6 inclusive, Btock 3, and'Lots 1 - 4 inclusive Block 4 Old Crystal
Bay Road Sec�nd �ddition, HenneFin County, M� �d �e undersigned Orono Limited
PaR�e:ship 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 Crysta! Bay Road Second Addition Hennepin
Count�•, �fti' and is the Contract for Deed purchaser of Lots 1 • 6 inclusive, Block 3, and
,
Lots 1 - -�, inc�usi�•e, Block 4 Old Crystai Bay Road Second Addition, Heru�epin County,
tii�'.
,
�. Ttiac a pprtion of the real estate described above is a wetland under tl�e
re�ulacon• jurisdiction of the St. Paul District of the U. S. A,rmy Corps of Engineers
pursuanc to Section �0�1 of the Clean Water Act. .
� That the undersigned applicant and the St. Paul District of the U. S. Army.
Corps oi Eneineers have reached an agreement whereby the undersigned appIicant will be
pennitted to develop a portion of ilie wetland in accordance with the terms and conditions
of Corps of Engineers Permit number 94-02434 NW JJy, 33 CFR 330 - App. A.
vatiom�•ide permit number(26); and, that in consideration for the pernuttee to develop the
wetland, the undersigned wili mitigate the adverse environmentai effects resulting from the
deveIopmeat by dedicating the easements as defined in the aitached E.Yhibit A for perpetual
use as a consen•anc}• area in accordance with the terms and conditions of this document
and the above mentioned permit. •�
Pa�r� 1 ,�t'1
. . �
� .
5. T'hat the above mentioned dedication shall consist of the eYecution of this
document by a11 parties necessary to restrict the use and title of the easements as defined in
tlie attached Exl�ibit A; and that this dacument shalI be recorded in the Office of the
County Recocder for Hennepin County, Minnesota.
G- Tliat a permit to devetop the wetland above described woutd not liave been
granted but for the dedication of the easemenis as contained on E:chibit A for use as
conservancy area; and, that upon receipt of a�certified copy of ihis document, as recorded
in the Office of the County Recorder for Hennepin County, Minnesota, the District
En�ineer of the St. Paul Districi of the U.S. Army Corps of Engineers wilt issue a validated
permit, number 94-02434 NW J1Y, 33 CFR 330 - App, A. Nationwide permit number
(2G), to the undersisned applicant; and that said permit shall be issued in consideration for
the execution of this Covenant. � � �
7. Tliat the terms atid conditions of tlus Covenant of Dedication shalI, 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 F,xhibit A; and that this Covenant shall run
with the land 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
expiicitly included in any transfer, conveyance, or encumbrance of the property described in
E�hioic � or any part thereof; and that any instrument of transfer, conveyance or
encumbrance affectin� al! or any part of the property described in Exhibit A shall set forth
tlle :err,�s and conditions of this document either by reference to this document or set forth
in r"uil text.
DEED ANp USE RESTRICTIONS
�
Tlie undersir�ned, Coffin Corners Partizership warrants that it is the Contract for
Dee� �'endor 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
descr;oea as Exl�ibit A; and that the easemen'ts recited in Ext�ibit r1 are hereby dedicated in
pe;pe:uic�• tor use as a conservancy area:
The undersixned Orono Limited Partnership and Coffin Corners Partnership hereby
agre� :o restrict tlie use and title of the easement area as recited in E.�chibit A as follo�vs:
1. No dredged oc fill material will be placed in the easement area of E.�chibit �,
eYce�c as provided pursuant to permit number 94-02434 �fW 71y, 33 CFR 330 - App. A.
Natiomvide permit numb�r(26).
� No commercial, industrial, agricultural or residential developments,
structures or buiidings shall be alJowed or perniitted in the easement area of Exhibit .�.
1'a�,e � ,�t'.:
3. No lumbering, mowing, �draina,�e, burning, .ptowing or filling shall be
allowed or c;onducted on the easement area of Exhibit A. No domestic cattte, horses,
sl�eep or ocher livescock shall be kept or grazed on the easement area of Eshibit A
�. No tillin�, dumping, burning, grading, excavation, direct introduction of
u�itreatcd storm water, and mowin� or other vegetation remaval shall be allotived without
written approva! trom the Corps of En�;ineers:
5. Tl�ac any unauthorized prohibited activity in the conservation areas by tlie
��ermittee, subsequent property owners, or other parties shali be considered a permit
vio(ation, and that the property owner and responsible parties may be the subject of
administrative, civil or criminal action.
G. Tl�is Covenant of Dedication may be changed, modiFed or revoked only
upon written approval of the District �Engineer of the St. Puul Districi of the U.S. Army
Corps of Eneineers. To be effeciive such approval must be witnessed, authenticated and
recorded pursuant to the la�v of the State'of Minnesota.
%. Tliis Covenant is made in perpetuity such that the present owner and its
heirs and assi�ns fore��er sf�atI be bound by the terms and conditions set forth herein.
OR 0 L -� PARTNERSHIP
. �
b,, l,�(�.) �����, .
Presid nt of James Developrnent �
Corpo ation, a Minnesota Corporation, a
Genera! Partner of Orono Limited Partnersliip
,
ST.�TE OF tL[�'1;ESOTr1 )
)ss .
COL,:\T1' OF HE:V�tEPIiV ) � "
Tl�e fore�oing instrument wa ack o��e�`1ged before me this �rnday of
� ���=`�x-►'� c 199�1, by �,(li'vl • `.I'/Li1�C�� President f
1.lI!�.;�: . �•',:�+:'i. ��:,! :,t.�ti — , o
� , a Minnesota Corporation, a General Partner of
ORQ\O LL�tITED PqR , RSI-iIP, a Limited Partners ' nder the taws of Minnesota,
on behalf ot'the Limited Partriership. .
,
' u�aaY eE�a -
NQ'TARY Pt18UC• MINNE907A
RAM3EY CCUNTY N ARY p IC
My oo„nnba,on oxv�ree ,-Zasa d •
P���n , ,,f' �
COFFIN CORNERS PARTI�(ERSHIP
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ST�TL- OF 1�•IINNESOT�1 )
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COWTY OF HEV�tEpIN )
Tl�e fores-�in� instrument was ackn wled� d b E'ore �e ti�is i7m �av ut'
�c��,� �� , 199�, by �a-�'� �. , G�neral P�nner �oC
CUFFIv COfL'VERS PARTIVERSHIP, on behatf�t'the pa er � .
Tl�i� i�istrument was drafted by: .
Sr►HfL SC,"ti`ERT�Tr�uti1BORNINO
ISUU Soo iinc 3uildin�
�ii��t�:.,^ooIts. �1�1 5�-�U2 LAaRY BERG
lG I�-:::-:�.'.�) N�� �18UC- MINNESOTA
RAM3EY CC'UNTY
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. 3
Ar�easement for wetland 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 Sou#h 69 degrees 21 minutes 30 seconds West along the easterly
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 fi0 degrees West a distance of
140.00 feet;thence Nort'� 15 degrees West a distance of 50.00 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 weUand purposes over that part of Lot 3�Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Beginning at
the norttrn►est corner of said Lot 3;thence on an assumed bearing of South 2
degrees 30 minutes East along the northerty 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 8�
. degrees East a distance of 100.00 feet;thence North 25 degrees West a distance
of 430.00 feet;thence North 35�degrees �ast a distance of 70.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
M easement for we�and purposes over that part of Lot 2, Blxk 3;OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northerly of the following
described line: Commencing at the northeast comer of said�Lot 2;thence on an
assumed bearing of South alon9 the northeriy segmer�t of the easterly line of said
Lot 2 a distance ot 267.06 feet to an angie point in said easternl line;thence South
2 degrees 30 minutes East atong said easterly line a distance of 325.00 feet to the �
point oi beginning of the line being described;thence on a bearing of West a
distance 40.00 feet;thence North 3 degrees West a distance of 70.00 feet;thence
on a bearing of West to its intersection with the northeriy segment of the west line
. of said Lot 2� and said line there ending.
ALSO
An easement for wetland purposes over that part of Lot 1, Block 3,OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: 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 fi0 degrees East a distance of
40.�feet;thence South 5 degrees East a disfiance of 115.00 feet;thence NorEh
80 degrees East a distance of fi0.00 feet;thence South 70 degrees East a , , .
disfiance of 60.00 feet;thence North 80 degrees East a dlstance o!80.00 feet;
thence North 5 degrees West a distance of 140.00 feet;thence North 35 degrees
East a dtstance of 60.00 feet;thence North 55 degrees West a distance of 40.00
feet;thence westerly to the northwest comsr of said Lot 1;thence south along said
west line to the point of beginning.
�
. . L
ALSO
An easement for wetland purposes over the southeasteriy 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 southeasteriy lina of said Lot 1 from a point on said
'southeasterty liqe distant 120.00 feet northeasterly of the most westerly comer of
Outlot A,said OLD CRYSTAL BAY R�AD SECOND ADDITION.
ALSO
An easement for wedand purposes over that part of Lot 4, Blxk 4�OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies westerly of the foilowing
described line: �ommencing�at the soiitiieast comer of said Lot 4;thence on an
assumed bearing of North 89 degrees�06 minutes 48 secoAds West along the
southeriy line of said Lot 4 a distance 2fi2.09 feet to the southwest comer of said
Lot 4, and the point of beginning of the line l�ing descrfbed;thence North 50
degrees East a distance of 30.00 feet;thence North 40 degrees West a distance
of 110.00 feet;thence Notth 45 degrees East a distance of 45.00 feet;thence
North 60 degrees West to the northwesterly line of said Lo't 4,and said line there
ending. ..
ALSO
An easement for wetland purposes over that part of Lot 3, Btock 4,OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies nottheasteriy of the
foliowing descri�d line: Commencing at the southeast comer of said Lot 3;
thence on an assumed bearing of North along the east line of said Lot 3 a
• distance of 285.00 feet to the point of beginning of the line be(ng descril�d;
thence North 45 degrees Wes#a distance of 65.00 feet;thence South 85 degrees
West a distance of 60.00 feet;thence NoKh 20 degrees West to the northwesterly
line of said Lot 3�and said line there ending.
_ .
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