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Home My WebLink Aboutcovenant of dedication STATE OF MINNESOTA ) )ss. COUNTY OF NtuNCFIN ) COVENANT OF DEDICATION The undersigned, Orono Limited Partnership, a Minnesota Limited Partnership, and Colvin 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 reoferred 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 (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). 2. 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 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 County, MIN 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. �. Tliat a pprtion of the real estate described above is a wetland under the regulator 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 developthe 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. Page 1 of-1 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 expiicitI} 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 ruil text. DEED AND USE RESTRICTIONS TIie 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 agree to restrict the use and title of the easement area as recited in Exhibit A as follows: I. 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. P"IL,e = of-1 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 2 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. G. 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'df Minnesota. %. This Covenant is made in perpetuity such that the present owner and its heirs and assians forever shall be bound by the terms and conditions set forth herein. OR O L D PARTNERSHIP by Presid nt of James Development Corpo ation, a Minnesota Corporation, a General Partner of Orono Limited Partnership STATE OF N N'NESOTA ) )ss COUNTY OF HEWEPIN ) The foregoing instrument wa ack oIef`lged before me this IMday of 1994, by /110 . J'/[i l ei) 1, ' President of ��!1 a Minnesota Corporation, a General Partner of ORONO LLNUTED P.''. RSHIP, a Limited Partners ' rider the laws of Minnesota, on behalf of the Limited Partnership.. LARRY BERG NOTARAMA SEY COUNTY My comffd9sm amims 1.20-98 N ARY P IC Puc _ of4 COFFIN CORNERS PARTNERSHIP by 44� its ri 1*11K 1/1 STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledg d b fore le this 17m day of c cyu 1994, by �� ,. General Panner of COFFIN CORNERS PARTNERSHIP, on behalf of the pa er 1 . This instrument was drafted by: SAJ-R- KL"NERT&- TAA 1B0RNIN0 I Suo Soo Linc Building 10 Minns.^polis. MN 55402 LARRY BERG (G 1` _: -2 2-4) NOTARY PUBUC - MINNESOTA RAMSEY COUNTY My commission expires 1-2a0.8 14 Cwc� . ti n�• �. 1�,�`.. ? ^I? PAID ianES_ „_. T 1994 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 tot 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 comer 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 comer of said Lot 6,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. 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