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Home My WebLink AboutBluff protection easement r BLUFF PROTECTION EASEMENT THIS INDENTURE,made thisL day of�/��, (3�Gl ,between Alfred P.Richie and Marilyn A. Richie, husband and wife, of the County of Hennepin and the State of Minnesota, on behalf of themselves, their heirs, successors and assigns, (hereinafter referred to as"Owner"), and V the City of Orono, a municipal corporation under the laws of the State of Minnesota(hereinafter referred to as "City"). (,Yj �D WITNESSETH : 1. Owner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to Owner in had paid by the City,the receipt and sufficiency whereof is hereby acknowledged,does Grant and Convey unto the City,forever,the following non-exclusive, perpetual easement and restrictions over and under and across property located in the County of Hennepin and the State of Minnesota,and legally described in Exhibit A attached hereto (hereinafter described as "Land"). 2. Said easement and restrictions include the free right of the City or its agents to enter upon said easement for the purpose of inspecting, repairing, removing and reconstructing such facilities. The City shall return the area it disturbs to grade and seed the same and replace the surface soil with the original type material. 3. The Owner agrees to the following: a. No trees,shrubs or other vegetation shall be destroyed,cut or removed from the Land except as authorized hereunder or by written consent of City. b. Except as authorized hereunder,no earth,loam,peat,gravel,soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of City. C. Except as authorized hereunder,no soil,sand,gravel, or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste,trash or garbage shall be placed, dumped or stored upon the Land. d. Except as authorized hereunder,no use shall be made of the Land except uses,if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage,flood control,water conservation,erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the land or the water situated thereon. 4. Notwithstanding anything contained or suggested herein to the contrary, Owners (and their respective purchasers,successors and assigns)will retain the right to conduct the following activities on, across or with respect to the Land: a. Construct,use,maintain and store a dock and boat lift on the lakeshore of each of the three (3)platted lots,the portions of which are encumbered hereby, consistent with applicable state, city and local regulations. b. Construct and maintain a walkway or stairs across the Land to provide access from each of the three (3) platted lots to the applicable lots' beach front area across the Land. C. Storage of docks, boats, boating equipment and related materials on the lake shore consistent with all applicable regulations. d. Dead or diseased trees, limbs, shrubs or brush may be removed by Owners. 5. Owners herein do hereby remiss,release,acquit and forever discharge,forever,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. 6. Owners do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. 7. The Owner covenants that the owner is in possession of the above described property and easement and has lawful right and authority to convey and grant the easement herein granted. State Deed Tax Due Hereon: Exempt IN TESTIMONY WHEREOF,Owner has hereunto set owner's hands the day and year first above written. ALFRE . RICHIE 4� X- MARILYN A. MCHIE —2— STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Aqday of by Alfred P. Richie and Marilyn A. Richie,husb d and wife. Notary Public ' THIS INSTRUMENT WAS DRAFTED BY: SAFBAM A WAGGIE Ravich Meyer Kirkman McGrath&Nauman, ]we$= MlW A Professional Association 4545 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612/332-8511 F:\Carol\WPDATA\40238\1\BLUFF-PROT.EAS.wpd TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVKM MAY 11 2000 bfV LINTY MWN. Blt °�'6eWtl1''r —3— BLUFF SETBACK AREA PROTECTION EASEMENT LEGAL DESCRIPTIONS FOR ALFRED P. RICHIE IN LOTS 1, 2 &3, BLOCK 1, RICHIE ADDITION January 5, 2000 IN LOT 1,BLOCK 1 A 30 foot wide easement in Lot 1,Block 1,RICHIE ADDITION;the easterly line of said easement is a line running from a point on the Northwesterly line of said Lot 1, distant 379.24 feet Southwesterly,as measured along said Northwesterly line,from the most Northerly corner of said Lot 1,to a point on the Southeasterly line of said Lot 1 distant 416.26 feet Southwesterly, as measured along said Southeasterly line,from the most Easterly corner of said Lot 1. IN LOT 2,BLOCK 1 A 30 foot wide easement in Lot 2, Block 1, RICHIE ADDITION;the Easterly line of said easement is a line described as follows: Commencing at the most Northerly corner of Said Lot 2; thence on an assumed bearing of South 61 degrees 19 minutes 22 seconds West along the Northwesterly line of said Lot 2 a distance of 416.26 feet to the point of beginning of said Easterly line;thence South 16 degrees 25 minutes 03 seconds East a distance of 4.52 feet;thence South 24 degrees 02 minutes 30 seconds East a distance of 88.55 feet;thence South 33 degrees 07 minutes 07 seconds East a distance of 90.41 feet;thence South 85 degrees 57 minutes 32 seconds East a distance of 31.79 feet to the Southeasterly line of said Lot 2, and said line there ending. IN LOT 3, BLOCK 1 An easement over that part of Lot 3, Block 1, RICHIE ADDITION, described as follows: Commencing at the most Northerly comer of said Lot 3;thence on an assumed bearing of South 61 degrees 19 minutes 22 seconds West along the Northwesterly line of said Lot 3 a distance of 390.92 feet to the point of beginning of said easement;thence continuing South 61 degrees 19 minutes 22 seconds West a distance of 55.50 feet;thence South 85 degrees 57 minutes 32 seconds East a distance of 99.76 feet;thence South 26 degrees 59 minutes 07 seconds East a distance of 28.00 feet;thence South 23 degrees 56 minutes 36 minutes West a distance of 28.98 feet;thence South.31 degrees 19 minutes 30 seconds West a distance of 47.59 feet;thence South 60 degrees 45 minutes 03 seconds West a distance of 76.06 feet;thence South 17 degrees 31 minutes 35 seconds East a distance of 24.33 feet;thence North 72 degrees 36 minutes 37 seconds East a distance of 68.97 feet;thence North 89 degrees 09 minutes 46 seconds East a distance of 37.83 feet to the Southeasterly line of said Lot 3;thence North 57 degrees 04 minutes 45 seconds East along the Southeasterly line of said Lot 3 a distance of 56.48 feet;thence South 89 degrees 09 minutes 46 seconds West a distance of 33.00 feet;thence North 26 degrees 59 minutes 07 seconds West a distance of 29.48 feet;thence North 31 degrees 19 minutes 30 seconds East a distance of 11.03 feet;thence North 23 degrees 56 minutes 36 seconds East a distance of 45.20 feet;thence North 26 degrees 59 minutes 07 seconds West a distance of 59.25 feet;thence North 85 degrees 57 minutes 32 seconds West a distance of 70.03 feet to the point of beginning. 'BLUFF SETBACK DRAWING FOR \ \\ Amy ALFRED P. RICHIE . LY CA \ IN LOTS 1, 2, & 3, BLOCK 1, RICHIE ADDITION A \\ HENNEPIN COUNTY, MINNESOTA \ IcsT MlY co+ ` �� \ .. .o...I. Ys .. 0 \\ \ \li\ \ \ ,•\Yt 11 10 \ rj S9 i 9 \ MOST N'LY COR'..", \ \•, LOT 3 RICHE ADD.BLOCK 1......'..• 1, 7� MOST E'LY COR LOTH • DO I:........... I 4% mss) \ 11 NI 91 ,� ♦E ,,. /OyRTTT, ^ X� .5k 1 SCALE DESIGNED REPS" DATE OESCRn TION1 HEREBY CERTIFY THAT THIS PLAN,SPECfICATKMI,OR REPORT COFFIN GRONBERG, INC. THAT IMAM AEDVL7 LICENSED PROrESSIONALCRIE WASENCER AND LAND NO '"A60' 9,MVE70R IMMR TIC JAWS Or RC STATE Or WCSOTA DATE D AWN CONSLITWC ETk7EERS,LAND 9JMYORS.SITE PLANTERS 1-4-00 ECD 482 TAMARACKAVENUE.LONG LAKE,MN.55356 JOB NO. CHECKED 612-473-4141 99-288A DATE 11100MN LICENSE W MSC 3278962 ca C) nm rn rT., aho FT X Cl) CD CD P