HomeMy WebLinkAboutCovenant of Dedication STATE OF MINNESOTA
)ss.
COUNTY OF NC,vMCPIN )
COVENANT OF DEDICATION
The undersigned, Orono Limited Partnership, a Minnesota Limited Partnership, and
Covin 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.
STIPUI-ATIONS OF FACT
1. That the undersigned Orono Limited Partnership is the applicant for a Corps
of Engineerm
s permit number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit
number (2-6) to develop wetland; and that the U. S. Army Corps of Engineers has
regulator-,,jur'sdiction of said wetland pursuant to Section 404 of the Clean Water Act (33
USC 1344).
3. That the undersigned Coffin Corners Partnership is the Contract for Deed
Vendor of Lots 1 - 6 inclusive, Block 3, and:Lots 1 - 4 inclusive, Block 4, Old Crystal
Bav Road Second Addition, Hennepin County, MN and the undersigned Orono Limited
Partner snip 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, %fir and is the Contract for Deed purchaser of Lots 1 - 6 inclusive, Block 3, and
Lots I - 4. inclusive, Block 4 Old Crystal Bay Road Second Addition, Hennepin County,
N.
3. That a pgrtion of the real estate described above is a wetland under the
reguiatorl jurisdiction 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.
PaTe 1 c)t -�
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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 j
(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.
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
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 to ,a s and conditions of this document either by reference to this document or set forth
in fuil text.
i
DEED AND USE RESTRICTIONS
� II
The undersigned, Coffin Corners Partnership warrants that it is the Contract for
Deed Vendor as recited above and Orono Limited Partnership hereby warrants that they li
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.
_ I
The undersigned Orono Limited Partnership and Coffin Corners Partnership hereby
agree :o restrict the 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.
1' ee = of'
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 filling, dumping, ,I
. g
p , 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:
i
5. That any unauthorized prohibited activityin 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.
d. 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
Corps of Engineers. To be effective such approval must be witnessed, authenticated and
recorded pursuant to the law of the State of Minnesota.
%. This Covenant is made in perpetuity s
uch heirs and assigns forever shall be bound by he terms and conditions iet forth herein.
t the present owner and its
OR 0 LPARTNERSHIP
by C►(�) ; '41Ail,
Presid nt of James Development
Corpo ation, a Minnesota Corporation, a
General Partner of Orono Limited Partnership
STATE OF .%n, jESOTA )
)ss
COUNTY OF HE NEPIN )
1
The forei;oing instrument wa ack o�e gIrr
ed before me this nday of
1994, by ,t'il ( 1'1[�1 J�►�
President of
a Minnesota Corporation, a General Partner of
ORO\O LIMITED PARINIERSHIP, a Limited Partners ' rider the laws of Minnesota,
on behalf of the Limited Partnership..
LARRY BERG
NOTARY PUBUC- MINNESOTA
RAMSEY COUNTY rl qRy P IC
my commissm mirm" 1.20-98 � �
,I
COFFIN CORNERS PARTNERSHIP
by
its ri
J
STATE- OF MINNESOTA )
)SSit
COUNTY OF HENNEPIN )
The foregoing instrument was acknowiedg d b fore to this 11th day of
c tc'CAr r 1994, by �o�C�oY,, General Partner of
COFFIN CORNERS PARTNERSHIP, on behalf of the pa er i .
i
This instrument was drafted by:
Sr HR- KUNERT g TAj%1B0RNIN0
I NO Soo Linc Building ppp.
Nlinn:aoolis. .%IN 55402 LARRY BERG
(G I NOTARY PUBUC - MINNESOTA
RAMSEY COUNTY.
My ConUnIftlon expIMS 1-2x88
a„����. ��• L A” P 'IAXEQ. Palo
1994
)NTY !VN N.
DEPiTY
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August 24, 1994
REVISED 9-30-94
P� ri
Proposed desctions for
. P
Tandem Corporation
in OLD CRYSTAL BAY ROAD SECOND ADDITION
Dickey parcel
An easement for wetland purposes over those parts of Lots 1, 2, 3 and 4, Block 1,
OLD CRYSTAL BAY ROAD SECOND ADDITION, described as follows:
Beginning at the southeast corner of said Lot 1;thence on an assumed bearing of
North 87 degrees 45 minutes West along the south line of said Lot 1 a distance of
115.00 feet;thence North 1 degree 14 minutes 44 seconds East a distance of
115.00 feet;thence South 87 degrees 45 minutes East a distance of 40.00 feet;
thence North 25 degrees East a distance of 40.00 feet;thence North 25 degrees
West a distance of 105.00 feet;thence North 65 degrees West a distance of 85.00
feet;thence on a bearing of West to the westerly line of said Lot 1;thence South
82 degrees West a distance of 90.00 feet;thence South 45 degrees West a
distance of 100.00 feet;thence South 33 degrees East a distance of 52.00 feet;
thence South 82 degrees West to the West line of said Lot 2;thence North 83
degrees West a distance of 140.00 feet;thence North 40 degrees West a distance
of 50.00 feet;thence South 20 degrees West a distance of 90.00 feet;thence
South 65 degrees West a distance of 105.00 feet;thence North 25 degrees West,
a distance of 60.00 feet;thence North5. degrees East a distance of 70.00 feet;
thence North 25 degrees West a distance of 55.00 feet;thence on a bearing of
West a distance of 55.00 feet;thence South 40 degrees West a distance of
120.00 feet;thence North 55 degrees West a distance of 35.00 feet;thence North
40 degrees East a distance of 140.00 feet;thence on a bearing of North to the
northerly line of said Lot 4;thence easterly along the northerly lines of said Lots 4
and 3 to a point distant 10.00 feet easterly of the northwest comer of said Lot 3;
thence on a bearing of South a distance of 95.00 feet;thence South 30 degrees
East a distance of 30.00 feet;thence North 80-degrees East a distance of 90.00
feet;thence North 55 degrees East a distance of 65.00 feet;thence on a bearing
of North a distance of 50.00 feet;thence North 60 degrees East to its intersection
with the northerly line of said Lot 3;thence easterly along the northerly lines of
said Lots 3, 2, and 1 to the northeast corner of said Lot 1;thence southerly along
the easterly line of said Lot 1 to the point of beginning.
ALSO
An.easement for wetland purposes-over that part of the south 60,00 feet of Lot 1,
Block 2, OLD CRYSTAL BAY ROAD SECOND ADDITIONwhich lies westerly of a
line drawn from a point on the south line of said Lot'1 distant 220.00 feet westerly
of the southeast corner of said Lot 1 to a point on the east line of said Lot 1 distant
230.00 feet northerly of said southeast comer.
ALSO
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