HomeMy WebLinkAboutCovenant of Dedication � . . 0
STATE OF MINNESOTA ) &1\
)ss.
COUNTY OF NeuMCP/N )
COVENANT OF DCDICATION
The undersigned, Orono Limited Partnership, a Minnesota Limited Partnership, and
Coffin Corners Partnership, a Minnesota Partnership now stipulates to the following
statement of facts; and the undersigned further agrees to restrict the use and title of the
realty described in Exhibit A to this document (hereinafter referred to as Exhibit A) in
accordance with the terms and conditions set forth herein.
STIPULATIONS OF FACT
l. That the undersigned Orono Limited Partnership is the applicant for a Corps
of EngineerW s permit number 94-02434 NJJY, 33 CFR 330 - App. A. Nationwide permit
number (2-6) to develop wetland; and that the U. S. Army Corps of Engineers has
regulator`,jurisdiction of said wetland pursuant to Section 404 of the Clean Water Act (33
USC 1344).
That the undersigned Coffin Corners Partnership is the Contract for Deed
Vendor of Lots I - 6 inclusive, Block 3, and:Lots 1 - 4 inclusive, Block 4, Old Crystal
Bay Road Second Addition, Hennepin County, MN and the undersigned Orono Limited
Parmership 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 Crystal Bay Road Second Addition Hennepin
County, %fN and is the Contract for Deed purchaser of Lots 1 - 6 inclusive, Block 3, and
Lots 1 - 4. inclusive, Block 4 Old Crystal Bay Road Second Addition, Hennepin County,
MN.
�. That a pprtion of the real estate described above is a wetland under the
regulatorjurisdiction of the St. Paul District of the U. S. Army Corps of Engineers
pursuant to Section 404 of the Clean Water Act.
4 That the undersigned applicant and the St. Paul District of the U. S. Army
Corps of Engineers 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 Engineers Permit number 94-02434 NW` JJY, 33 CFR 330 - App. A.
Nationwide permit number (26); and, that in consideration for the permittee to develop the
wetland. the undersigned will mitigate the adverse environmental effects resulting from the
development by dedicating the easements as defined in the attached Exhibit A for perpetual
use as a conservancy area in accordance with the terms and conditions of this document
and the above mentioned permit.
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5. That the above mentioned dedication shall consist of the execution 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.
6. That a permit to develop the wetland above described would not have been
granted but for the dedication of the easements as contained on Exhibit 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
Engineer 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. That the terms and conditions of this Covenant of Dedication shall, as of the
date of execution of this document, bind the undersigned to the extent or their
legal and/or
equitable interest in the property described in Exhibit A; and that this Covenant shall run
with the land and be binding on the undersigned and their heirs and assigns forever.
g. 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
Exhibit A or any part thereof, and that any instrument of transfer, conveyance or
encumbrance affecting all or any part of the property described in Exhibit A shall set forth
the terms and conditions of this document either by reference to this document or set forth
in fuil text.
DEED AND USE RESTRICTIONS
in Corners Partnership warrants that it is the Contract for
The undersigned, Co
Deed Vendor 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
described as Exhibit A; and that the easements recited in Exhibit A are hereby dedicated in
perpetuity for use as a conservancy area.
The undersigned Orono Limited Partnership and Coffin Comers Partnership hereby to restrict ct te use and title of the
easement area as recited in Exhibit A as follows:
1. No dredged or fill material will be placed in the easement area of Exhibit A
except as provided pursuant to permit number 94-02434 NW JJY, 33 CFR 330 - App. A.
Nationwide permit number(26).
2. No commercial, industrial, agricultural or residential developments,
structures or buildings shall be allowed or permitted in the easement area of Exhibit A.
3. No lumbering, mowing, drainage, burning, plowing or filling shall be
allowed or conducted on the easement area of Exhibit A No domestic cattle, horses,
sheep or other livestock shall be kept or grazed on the easement area of Exhibit A-
4.
4. No tillin ► d �
�, dumping, burning, grading, excavation, direct introduction of
untreated storm water, and mowing or other vegetation removal shall be allowed without
written approval from the Corps of Engineers:
5. That any unauthorized prohibited activity in the conservation areas by the
permittee, 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 criminal action.
6. This Covenant of Dedication may be changed, modified or revoked only
upon written approval of the District Engineer of the St. Paul District of the U.S. Army
ective such approval must be witnessed, authenticated and
Corps of Engineers. To be eff
recorded pursuant to the law of the State "Minnesota.
%. This Covenant is made in perpetuity such that the present owner and its
heirs and assigns forever shall be bound by the terms and conditions set forth herein.
OR O L D PARTNERSHIP
by
Presid nt of Jame2"zt,
evelopmentCorpo ation, a MioCorporation, a
General Partner of Orono Limited Partnership
STATE OF 1n'NESOTA )
)ss
COUNTY OF HENNEPIN )
The foreLoin9 instrument wa ack o e ged before me thisI day of
1994- by ,Ililil W*'11 116)
Presiders
t of
�`!1 a Minnesota Corporation, a General Partner of
ORO\0 LIIIIITED PARTI RSIiIP, a Limited Partners ' rider the laws of Minnesota,
on behalf of the Limited Partnership.
LARRY BERG
N07�MSEY COUNTY
Mr Winn I-Mo-sa d N ARY P IC `
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