HomeMy WebLinkAboutCovenant of dedication o STATE OF MINNESOTA )
)ss.
COUNTY OF NruMCPiN )
COVENANT OF DEDICATION
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
1. That the undersigned Orono Limited Partnership is the applicant for a Corps
of Engineers permit number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit
number (26) to develop wetland; and that the U. S. Army Corps of Engineers has
regulatory 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 1 - 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
Partnership 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
Count, MIN' 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,
t1N.
�. That a pprtion of the real estate described above is a wetland under the
re`ulaton• 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 ilti tigate 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.
Pa�e 1 �f s
i
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.
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 terms and conditions of this document either by reference to this document or set forth
in foil text.
DEED AND USE RESTRICTIONS
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
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 Corners Partnership hereby
aeree :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.
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 tilling, 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
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 such that the present owner and its
heirs and assisns forever shall be bound by the terms and conditions set forth herein.
OR 0 Lan-TED PARTNERSHIP
by
Presid nt of James Development
Corpo ation, a Minnesota Corporation, a
General Partner of Orono Limited Partnership
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foreuoing instrument wa§ ack 0 edged before me this �rnday of
C(T&X. y c 1994, by ,I 11�%I • L l' i ill h
President of
a Minnesota Corporation, a General Partner of
ORONO LLIIITED PARINIERSHIP, a Limited Partners ' nder the laws of Minnesota,
on behalf of the Limited Partnership..
LARRY BERCI
NCTR MSEY COUNTY
�A
Mr cwwdsaon wMims 1.20-98 6 N ARY P IC
Passe �t
COFFIN CORNERS PARTNERSHIP
by r/
its r
STATE OF YIINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was ackn wI drU d before ie this 1' m day of
c�r Dnp 1994, by �� }
COFFIN CORNERS PARTNERSHIP, on behalf gpaltlmer ' General Partner of
This instrument was drafted by:
SAS .'L ERT&TANIBORNINO
ISuo Soo Linc Building
Minneapolis. �tN 55402 RRY BERG
1_ :r ,�) UBUC-MINNESOTA
EY COUNTY
E expires 1-20-98
v
Cu%d�i.i.c ne• �- A�!- 17.:^P 7AXES PAID
I TA'r.
" .'F- V10ES
'p�T ^ I.
r 1594
DEP.-ITY
i
August 24, 1994
REVISED 9-30-94
Proposed descriptions for
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 North 5 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 corner 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 comer 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 ADDITION which 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
2
An easement for wetland purposes over that part of the East 20.00 feet of Lot 2,
Block 2,OLD CRYSTAL BAY ROAD SECOND ADDITION which lies between the
westerly extensions across it of the north line of the south 60.00 feet of Lot 1, said
Block 2, and the south line of'said Lot 1.
'ALSO
An easement for wetland purposes over that part of Lot 6, Block 2, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Beginning at
the southwest corner of said Lot 6; thence on an assumed bearing of South 81
degrees East along the southerly line of said Lot 6 a distance of 105.00 feet;
.thence North 60 degrees West a distance of 110.00 feet;thence North 48 degrees
East a distance of 90.00 feet;thence North 80 degrees East a distance of 80.00
feet;thence on a bearing of North a distance of 20.00 feet;thence South 87
degrees West a distance of 110.00 feet;thence South 38 degrees West to the
west line of said Lot 6;thence southerly along said west line to the point of
beginning.
ALSO
An easement for trail purposes over the northerly 5.00 feet of Lot 6, Block 2, .OLD
CRYSTAL BAY ROAD SECOND ADDITION.
Coffin parcel
An easement for wetland purposes over that part of Lot 6, Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northeasterly of a line
drawn from a point on the northerly line of said Lot 6 distant 205.00 feet easterly of
the northwest corner of said Lott, to a point on the southeasterly line of said Lot 6
distant 240.00 feet southwesterly of the most easterly comer of said Lot 6.
ALSO
An easement for wetland purposes over those parts of Lots 4 and 5, Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Commencing
at the southeast corner of said Lot 4;thence on an assumed bearing of North 89
degrees West along the southerly line of said Lot 4 a distance of 58.21 feet to the
point of„beginning of the easement being described; thence North 30 degrees
East a distance of 85.00 feet;thence South 75 degrees East a distance of 30.00
feet;thence North 20 degrees East a distance of 65.00 feet;thence South 80
degrees East a distance of 60.00 feet;thence North 53 degrees East a distance of
200.00 feet;thence North 30 degrees West a distance of 45.00 feet;thence on a
bearing of West a distance of 90.00 feet;thence South 53 degrees West a
distance of 100.00 feet;thence South 30 degrees West a distance of 70.00 feet;
thence South 70 degrees West a distance of 100.00 feet;thence South 35
degrees West a distance of 80.00 feet;thence South 20 degrees East to its
intersection with the southerly line of said Lot 4;thence easterly along said
southerly line to the point of beginning.
ALSO
3
An easement for wetland purposes over those parts of Lots 2, 3, and 4, Block 3,
OLD CRYSTAL BAY ROAD SECOND ADDITION described as follows:
Commencing at the most northerly comer of said Lot 4;thence on an assumed
.bearing of South 69 degrees 21 minutes 30 seconds West along the easterly
segment of the northwesterly line of said Lot 4 a distance of 165.00 feet to the
point of beginning of the easement being described; thence South 35 degrees
West a distance of 140.00 feet;thence South 60 degrees West a distance of
140.00 feet;thence North 15 degrees West a distance of 50.00 feet;thence North
25 degrees East a distance of 90.00 feet;thence North 68 degrees East a
distance of 160.00 feet;thence southeasterly to the point of beginning.
ALSO
An easement for wetland purposes over that part of Lot 3, Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Beginning at
the northwest corner of said Lot 3;thence on an assumed bearing of South 2
degrees 30 minutes East along the northerly segment of the westerly line of said
Lot 3 a distance of 260.00 feet;thence South 40 degrees East a distance of 40.00
feet;thence North 63 degrees East a distance of 190.00 feet;thence South 85
degrees East a distance of 100.00 feet;thence North 25 degrees West a distance
of 130.00 feet;thence North 35-degrees East a distance of 70.00 feet;thence
North 70 degrees West to its intersection with the northerly line of said Lot 3;
thence westerly along said northerly line to the point of beginning.
ALSO
An easement for wetland purposes over that part of Lot 2, Block 3; OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northerly of the following
described line: Commencing at the northeast corner of said Lot 2;thence on an
assumed bearing of South along the northerly segment of the easterly line of said
Lot 2 a distance of 267.06 feet to an angle point in said easterly line;thence South f
2 degrees 30 minutes East along said easterly line a distance of 325.00 feet to the
point of beginning of the line being described;thence on a bearing of West a
distance 40.00 feet;thence North 3 degrees West a distance of 70.00 feet; thence
on a bearing of West to its intersection with the northerly segment of the west line
of said Lot 2, and said line there ending.
ALSO
An easement for wetland purposes over that part of Lot 1, Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Commencing
at the southwest corner of said Lot 1;thence on an assumed bearing of North
along the west line of said Lot 1 a distance of 285.00 feet to the point of beginning
of the easement being described; thence South 60 degrees East a distance of
40.00 feet;thence South 5 degrees East a distance of 115.00 feet;thence North
80 degrees East a distance of 60.00 feet;thence South 70 degrees East a
distance of 60.00 feet;thence North 80 degrees East a distance of 80.00 feet;
thence North 5 degrees West a distance of 140.00 feet;thence North 35 degrees
East a distance of 60.00 feet;thence North 55 degrees West a distance of 40.00
feet;thence westerly to the northwest corner of said Lot 1;thence south along said
west line to the point of beginning.
• (4
ALSO
An easement for wetland purposes over the southeasterly 30.00 feet of that part of
said Lot 1 which lies within 40.00 feet of each side of line drawn northwesterly
perpendicular to the southeasterly line of said Lot 1 from a point on said
southeasterly lire distant 120.00 feet northeasterly of the most westerly corner of
Outlot A, said OLD CRYSTAL BAY ROAD SECOND ADDITION.
ALSO
An easement for wetland purposes over that part of Lot 4, Block 4, OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies westerly of the following
described line: Commencing'at the southeast corner of said Lot 4; thence on an
assumed bearing of North 89 degrees-06 minutes 48 seconds West along the
southerly line of said Lot 4 a distance 262.09 feet to the southwest corner of said
Lot 4, and the point of beginning of the line being described;thence North 50
degrees East a distance of 30.00 feet;thence North 40 degrees West a distance
of 110.00 feet;thence North 45 degrees East a distance of 45.00 feet;thence
North 60 degrees West to the northwesterly line of said Lot 4, and said line there
ending.
ALSO
An easement for wetland purposes over that part of Lot 3, Block 4, OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northeasterly of the
following described line: Commencing at the southeast comer of said Lot 3;
thence on an assumed bearing of North along the east line of said Lot 3 a
distance of 285.00 feet to the point of beginning of the line being described;
thence North 45 degrees West a distance of 65.00 feet;thence South 85 degrees
West a distance of 60.00 feet;thence North 20 degrees West to the northwesterly
line of said Lot 3, and said line there ending.
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