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Home My WebLink AboutFlowage/conservation easement/Restrictive covenant ��C CAMPBELL KNUTSON s;�;5;�.:�,}. c,,,�,,;,��;; April 10, 2008 ��"�� Roger N. Knuts:�� ` Thomas M.Scot�t� �� ;� � � ��Uj� Elliott B. Knets;:�. Jo�l J.�amn�k Ms. Evelyn Turner ��YQ��'�°�:�lD Andrea McDow:'� 3'� , , ...� C/O Clty Of OPOriO Soren M. Mattic�t john P. Kc11y P•O. Box 66 Henr� �. s�h3t��=r�. ��; Crystal Bay, MN 55323 Alina Schwartz Samuet). Ednzu:t�9� Re: Grant of Permanent Flowage and Conservation Easement and cynth;3 x. x�r�h�s; Restrictive Covenant for Wetland and Wetland Buffer �t:�=��t�r��L 4t. �,r . . Dear Ms. Turner: Please find enclosed the original easement document referenced above between Steven R. Bohl and Elizabeth K. Bohl, Grantors, and the City of Orono. Said agreement was recorded in the office of the Hennepin County Recorder on February 12, 2008 as document number 9096640. Soren said this is the document that Melanie was looking for. Very truly yours, CAMPBELL KNUTSON Professional Association , _..� _ ,� By� ,.. Jea� . lsd'n, Legal Assistant r /jmo Enclosure 1380 C��rpor:�tt C�.cntcr C;ur�c Suitc 317 • C�a};an.�9": _i5S'3 651-452-5000 Fax 651-452-:s�">`_t �b'N"N'.�Ii-J.1N'.�,::. 137965 r ' �� Doc No 9096640 02/12/2008 11:03 AM Certified filed and or recorded'on above date: Office of the Cou Recorder Hennepin Cou , Minnesota Michael H. Cunni , County Recorder TranslD 373592 Deputy 9 Fees $35.50 DOC � $10.50 SUR $46.00 Total ;�'';.; . , � � I � , � TRANSFEF� EIVTERED HENNEPIN COUNTY TAXPAYER SERVICES FEB 12 2008 H � P ! MN gy � EPUTY (reserved fa•recor•dr�ag i�aforriiation) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER , � � INSTRUMENT made this ��= day of /� �,; : � , 200 7 by and between STEVEN R BOHL and ELIZABETH K BOHL husban and wife, the Grantors, and the CITY OF ORONO, a Minnesota municipal corporation("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is her�by acknowledged, hereby create and grant unto the City a permanent flowage and conservation easement for the plirposes set forth in this instrument, over, under, and across the wetln�zd nnd wetland buffer as described in the legal description and site plan attached hereto as Exhibit A (the "easement premises"). The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree as follows: 1. That the following are prohibited in perpetuity within the wetland: A. Constructing, installing, or maintaining anythinb made by man, including but not limited to buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other devices intended to foster wildlife; and 2) docks or boardwalks when allowed by City ordinance and under a valid City permit. B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency. �rantors may remove brush, diseased or dead trees of any size. and noxious weeds. 12��0� 1 ♦ / � � C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation af the scenic beauty, vegetation, and wildlife. 2. That the following are prohibited in perpetuity within the wetland buffer: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, fences, fireplaces, clothes line poles, playground equipment, roads or hardcover of any nature whatsoever, except: 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boardwalks when allowed by City ordinance and under a valid City permit; 3) retaining walls when allowed by City ordinance and under a valid City permit. B. Cutting, mowing or removing shrubs or other vegetation, and cutting or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency. Grantors may remove brush, diseased or dead trees of any size, and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring 50 feet in width at all points surrounding the wetland and as shown in Exhibit A, shall be established and improved to become an "acceptable buffer area" as described within City Ordinances, and shall thereafter be maintained by Grantors in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of stri.ict��res or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or t2soos 2 � ' ,� , buffering flows into the wetland. 4. Grantors for themselves, their heirs, successors and assigns, further grant the City the aff'irmarive right, but not the obligation to do the following on the easement premises: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the easement premises at any time to enforce compliance with the terms of this instrument. 5. Grantors reserve for themselves and for their heirs, successors and assigns and their invitees, the right to enter upon the easement premises and to do and perform on the easement premises such acts as are not inconsistent with the easem_ent rights granted to the City herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation consistent with a conservation easement; walking along trails and paths; bird watching;the study of nature; and all other acts of a similar nature or purpose. 6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. 7. Grantor(s)herein do hereby remiss, release, acquit and forever discharge, forever, the City and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. 8. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. IN WITNESS W�IEREOF, the parties hereto have set their hands effective as of the day and year set forth above. GRANTORS: Steven R Bohl ��:�, �� .�L lC �'�z �^ Elizab��K Bohl 12�00� 3 ' . � STATE OF MINNESOTA ) )ss. COUNTY OF � V1 G'l ) The foregoing instrument was acknowledged before me this a�� day of � r { , 200 �7 , by Steven R. Bohl and Elizabeth K. Bohl, husband and wife, the Grantors. ��:�:r�-- �`/��--'/�--� ,C�C�� RACHEL DODGE NOTARY PUBLIC NOTARY PUBLIC-MINNESOTA .,,;.� My Commission Expires Jan.31,2010 DRAFTED BY: Campbell Knutson Professiazn!.4ssociation 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone:(651)4�2-5000 MKB 125U05 4 , � ' . •• + . , EXHIBIT "A" WETLAND cXt WETLAND BUFFER EASEMENT DESCRIPTIONS for Hickory Fine Homes In Lot 1,Block 1, TAMARACK HILL Hennepin County,Minnesota WETLAND EASEMENT: An easement for wetland purposes over, under and across that part of Lot 1, Block 1, TAMARACK HILL, which lies within the drainage easement as dedicated to the public in said plat. ALSO: That part of the southeasterly 20 feet of said Lot 1 which lies northeasterly of said drainage easement. WETLAND BUFFER EASEMENT: An easement for wetland buffer easement purposes over, under and across that part of Lot 1, Block 1, TAMARACK HILL, which lies northerly of the drainage easement as dedicated to the public in said plat, westerly of the southeasterly 20 feet of said Lot, and southerly of the following described line; Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South 89 degrees 06 minutes 20 seconds East along the north line of said Lot 1 a distance of 35.73 feet to the point of beginning of the line being described; thence southeasterly 48.94 feet along a non-tangential curve concave to the southwest having a radius of 50.00 feet and central angle of 56 degrees 04 minutes 40 seconds, the chord of said curve has a bearing of South 35 degrees 42 minutes 35 seconds East; thence South 7 degrees 40 minutes 16 seconds East tangent to last said curve a distance of 54.36 feet; thence South 5 degrees 23 minutes 15 seconds East a distance of 57.72 feet; thence North 89 degrees 19 minutes 26 seconds East a distance of 38.05 feet; thence South 86 degrees 48 minutes 09 seconds East a disiance of 81.73 feet; thence South 84 degrees 3? minutes 12 seconds East a distance of 45.29 feet; thence North 81 degrees 57 minutes 03 seconds East a distance of 36.01 feet; thence North 71 degrees 15 minutes 06 seconds East a distance of 46.65 feet; thence South 3 degrees 28 minutes 46 seconds West a distance of 22.21 feet; thence North 89 degrees 27 minutes 46 seconds East a distance of 32.32 feet; thence North 1 degrees 24 minutes 02 seconds East a distance of 29.33 feet; thence North 78 degrees 22 minutes 29 seconds East a distance of 24.35 feet; thence North 86 degrees 00 minutes 20 seconds East a distance of 58.99 feet; thence North 33 degrees 35 minutes 43 seconds East a distance of 22.29 feet; thence North 28 degrees 34 minutes 11 seconds West a distance of 14.50 feet; thence North 39 degrees 03 minutes 08 seconds East to the northerly line of said Lot 1, and said line there ending. July 30, 2008 CEHTIFICATE OF SURVEY FOFi y�� w HICKORY FINE HOMES w=W" ., OF LOT 1,BLOCK 1,TAMARACK HILL a�g� HENNEPIN COUNTY,MINNESOTA O�u�LL y�� I �'" Q,�s ' �g�� I-�� ------------------------------------- ��Y1 _________�____________ ¢WJN ___�_______� OT ___^____________________ � � --------------------• Z�_ � �_ � �,K,.��n2�::..�.�a� �..,,. � � — 5 B9•06'20"E J)9.60 -�'\ 1�198.18 � �� .' ».' e.. ; i i/ r----- - -- - F---------------------- -------- � a. \`. � � - � °S 4��- -� xa� , ��-`---------------�v�,7,. '�0'ie. �� ` i � a � •'4�� y VENRti �� trtr".�ua��;� QS• `�\I � I A \ I �.. 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EOL!a'a[�1:�9 �-'--'-Ms�i �� a � �� _1� � � un� ' LEGAI DESCRPTION OF PREMISES a � � `, �'="'-� --�� Lot 1,Bbck 1,TAMARAqC FItL �� E .��-` �==' a \�..__cocc a rrtiwo ttuc.+u e. eti �� y I � c��Nsoe.i.Vn.i uc[Gsaq itt.rco .�°� yS E :-:aoo � o : denolea iron mark� 4� t q � � � �++ _-?g.�- : derroles exiatinq conlov line 64 3 ��e� � 6.� � dd Bearinys shown ora Oased on aeaumed dotum. �s� I � I �y>a � `' Thia evvey aMwe l�e boundaiea ol the obove dasubnd C�E< � LK/J1I:.GE EA'_EG4�li - f efI 1 p op y,ond lhe lotation of axistirg arM future aeplio �� aitea, ond weltmde and wetlwd setba�ka,mtl an exialing ' � house,proposed driveway wM qradea in l�e aea of thc ! ��i� � � houss thereon Il dost nol purporl lo ahow ony olher �}(( � encroachmeel�or imp�ovemenls. 1 1 Y � � � •n 1 1 � 4� L�__ _��• \`..... N B9•02'09"w ]20.00 __.� �j� ii . g� b:: �g, a.= o�-oa2 EXHIBIT "A" SITE PLAN