HomeMy WebLinkAboutFlowage & Conservation Easement & Restrictive Covenant Transfer Entered
Mar 27, 2019 8:12 AM
Hennepin County, Minnesota Doc No 705602724
Mark Chapin Certified, filed and/or recorded on
County Auditor and Treasurer Mar 27, 2019 8:12 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1803983E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
25-118-23-41-0012
Existing Certs
1450137
This cover sheet is now a permanent part of the recorded document.
(reserved for recording)
GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT
AND RESTRICTIVE COVENANT
This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant
(this "Agreement") is made this ( day of Mara% , 2019, by Ryan G.Malone,
a single person("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 3,Block 1, 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 and infiltration area 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" and depicted on Exhibit"B", 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 and Infiltration Area. Grantor shall create
within the Easement Area a rain garden and infiltration area for stormwater detention and
1
200748v1
drainage purposes in accordance with the plans therefor approved by the City's Engineer,
and Grantor thereafter shall maintain the rain garden and infiltration area in perpetuity,
free from mowing or other vegetative disturbance as an"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 and infiltration area, 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 and infiltration area, 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 and infiltration area, 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 himself and his 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 himself and his 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.
2
200748v1
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.
7. Amendment. This Agreement may be amended,released or vacated, in whole or in part,
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
and infiltration area 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:
Ry. a .
STATE OF MINNESOTA )
) ss.
COUNTY OF dcyac,f0.4 )
;h
The foregoing instrument was acknowledged before me this day of
2019, by Ryan G. Malone, a single person.
Notary Pub
Reviewed and Approved By: -
' c. Alexander Harrison Fischer
rYAPY PUBLIC-MINNESOTA
\AY COMMISSION EXPIRES 01/31/2022
•m Edwards, Orono City Engineer
DRAFTED BY:
CITY OF ORONO
P.O.Box 66
Crystal,MN 55323
Telephone: (952)249-4600
3
200748v1
EXHIBIT "A"
RAIN GARDEN AND INFILTRATION AREA EASEMENT
LEGAL DESCRIPTIONS IN LOT 3,BLOCK 1,MOONEY LAKE PRESERVE
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.
4
EXHIBIT "B"
._
.4-
>-• 1"--1 7 _ (3) 0
mo
x1, o s- .,_
LL,-1 W
Ld w 1 oI z 0
V/0 : • -'---. C) I I 0 s— Sj I
co
....... .. .,__
..., • <6, •Sz
pzio
0--• cc) ,•'." .4' A '-.
« N
....• 4 Ae, : `,..5''''"(p.-10b,11
•-''' (3 °<,,''6£.: --. : \"i'5
• \
•, ,
\ .17
. •b. 4,-;- .
. o
: to DI „> r, •c't 1-- - -/.. \ : 0,'N.6, .'",ni\ 0 :-- • : tor.
- or' • . •r- ,..
‘..C",
• \ •‘-‘ R .
. .
•
\ to
F- / •.
•
to '
• \ '7
. Ce. I. '------:•%;
•
. 0 .
\ . .,
.• / .
, • ... .... i
\ 1 •
• .
•
• \ tg / ..
,
\ QS o
/ •
oo.
, /..
•
,•'0 C='
CO-.
\ n., • .
, .
. ', / .
, ........ •
1.0 . 41
Li \ / .
00
. -•...: - 1-•
wo
. / •
1--'
cn x
' \ tn • .
0 • • 0 o
w
w >0
---.-.1- co 0,. .• LE; z w
0
v_r,•-.. (: ,.,. s• , a
- -- < - .,
•. 0
< I- I— \ w
• z tn ' 1 cc
' a a 03
\ , \
\ .p ..z. 1 c 0
o Y (f) I-
01
R
w
14-5
C4 0
\*4) 0
Z --4-
(4— \ - . - \ .
.........„,;\ 1.0
-• •: \ ....--- .
. •.:",:.
\ :••;"&•"
, . •
. _ ....
0 >-- ..z. ::1\-_:"sto,.ii,,, ‘4•5•57...049,.14
, .
Li j ___] 0 Z \
I-- • •
I '....-------- go '----:
\ ''.„ ›..
Cl) r1 . _ ---,
ww, a
-<
..---1 .......,....... ....
,•
. - ...•
z
>, 4.: - 0 , ..-.
, , \ ,-.:-- \ . 7 ...... '‘'.--
77 _.
I
,----
.....„
cc
I
< 4.1 ---1 Z • '--,- /
CD OD z •-•.......4,..., /,v L',., --'''. c. 1
..Iii •••...---4.---0
< E-- • o,,,
o / 'o o ..• ;
fY 0 ,
>.-0 -< ?,C'-lifr ---—%. I * • •
__w_ •
. .-
w
vOc / • ••
z 0
fry cc
0,
z
1-
_ o
5 1 0)...-1
200748v1
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT FLOWAGE AND CONSERVATION
EASEMENT AND RESTRICTIVE COVENANT
BRIDGEWATER BANK,which holds a mortgage on all or part of the property more
particularly described in the foregoing Grant of Permanent Flowage and Conservation Easement
and Restrictive Covenant, which mortgage was originally in favor of Tradition Mortgage, LLC, a
recorded January 5, 2018 as Document No. T5503724 with the offices of the Hennepin County
Registrar of Titles, Minnesota, and which mortgage was assigned to Bridgewater Bank,pursuant
to the Assignment of Mortgage recorded January 5, 2018 as Document No. T5503725; for good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby join in, consents to, and is subject to the foregoing Grant of Permanent Flowage and
Conservation Easement and Restrictive Covenant.
BRIDGEWATE BANK
By: , II
4.W, .v\ WO-544,{trui [print name]
Its {�U'1`-(`,gnS(ye+i (.�L � [title]
And:
[print name]
MAI Its [title]
STATE OF 1v )
I ( ss.
COUNTY OF 1-10N nt.f.n )
The foregoing instrument was acknowledged before me this 6 day of 1 ""'r`L'
2019,by i.evon NJ1 e,6-e.r s and
respectively,the .1, (`DASwer44e �.,,,�>•. and of
Bridgewater Bank, a , on ehalf of said entity.
Notary 'ublic
y?y' a Alexander Harrison Fischer
tt
NOTARY PUBLIC-MINNESOTA
DRAFTED BY: MY COMMISSION EXPIRES 01131/2022 otii
CITY OF ORONO
P.O.Box 66
Crystal,MN 55323
Telephone: (952)249-4600
6
200748v1