HomeMy WebLinkAboutGrant of Permanent Flowage and Conservation Easement and Restrictive Covenant Transfer Entered
Apr 8, 2019 12:10 PM 111111 III I II 1111111 1111 I 1111
Hennepin County, Minnesota Doc No T05604939
Mark Chapin Certified, filed and/or recorded on
County Auditor and Treasurer Apr 8, 2019 12:10 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1807511E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
25-118-23-41-0016
Existing Certs
1432516
This cover sheet is now a permanent part of the recorded document.
GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT
AND RESTRICTIVE COVENANT
This Grant of Permanent Flowage an Co�inservation Easement and Restrictive Covenant
(this"Agreement") is made this day of I , 2019_by Jason Brass and Erin Brass,
husband and wife (collectively referred to her in as "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 7, 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 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," 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. Grantor has created within the Easement Area
a rain garden for stormwater detention and drainage purposes in accordance with the: (i)
plans therefor approved by the City's Engineer; (ii) the plans and terms of the Mooney
Lake Development Contract dated October 30, 2015 and recorded with the Office of the
Registrar of Titles of Hennepin County, Minnesota, as Document No. T5301970; and (iii)
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US.122670809.02
in accordance with the survey attached hereto as Exhibit B (collectively, "Approvals and
Plans"). Hereafter, Grantor shall maintain the rain garden in perpetuity in accordance with
the Approvals and Plans, free from mowing or other vegetative disturbance. 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 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, 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,
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 itself and its 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 Property and Easement Area at any time to enforce compliance with the
terms of this Agreement, all upon reasonable prior notice to Grantor.
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 itself and its 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.
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.
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7. Obligations of Grantor. The obligation of Grantor shall bind only the owner of the Property
from time to time during its period of ownership of the Property, and, upon the transfer of
its interest in the Property, the original Grantor shall have no further liability or obligation
hereunder, such liability or obligation being thereafter borne solely by the owner of the
Property from time to time.
8. Amendment. This Agreement may be amended only by an instrument duly executed by
the City and the owner of the Property.
9. 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
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:
Jaso. :rass
Erin Brass
STATE OF tin/Ais,,fw )
) ss.
COUNTY OF Ike ne.vok rt )
The foregoing instrument was acknowledged before me this '4 day of Ae rt ,
2019, by Jason Brass and Erin Brass, husband and wife.
71)AArk (A.4,10
Notary Public
Reviewed and Approved By: •�� ti
Yi
4• .+� My Lor r?ss x.•.s an 3' 2020
City Engineer, City of Orono fi_
DRAFTED BY: . ROthCA ERSPAMER
CITY OF ORONO Expires NOTARY PUBLIC MINNESOTA
.* es Jan.31,2020
P.O. Box 66 .�, `My Cnission
Crystal,MN 55323rr1r11r1�1�f�1�1��1�'
952.249.4600
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EXHIBIT A
EASEMENT AREA
That part of Lot 7, Block 1, Mooney Lake Preserve, described as follows:
Beginning at the point of intersection of the north line of said Lot 7 with the survey line shown on
said Lot; thence on an assumed bearing of South 15 degrees 24 minutes 44 seconds West along
said survey line a distance of 128.00 feet; thence North 29 degrees 57 minutes 16 seconds West a
distance of 77.00 feet; thence North 51 degrees 58 minutes 02 seconds East a distance of 92.00
feet to the point of beginning.
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EXHIBIT B
SURVEY
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