HomeMy WebLinkAboutEasement for wetland/wetland buffer-2010 (reserved for recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this �day of �Le^jej- , 2010, by and between
Michael Ebertz and Donna Ebertz,husband and wife,the Grantors, and the CITY OF ORONO,
a Minnesota municipal corporation("City").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a
permanent flowage and conservation easement for the purposes set forth in this instrument,over,
under, and across the wetland and wetland buffer as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads,hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors may remove brush, diseased or dead trees of any size, and
noxious weeds.
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C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles,playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove
brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
approximately 50 feet in width at all points surrounding the wetland and where
buffer averaging was permitted and as shown in Exhibit A, shall be established and
improved to become an "acceptable buffer area" as described within City
Ordinances, and shall thereafter be maintained by Grantors in perpetuity free from
mowing or other vegetative disturbance, fertilizer application, yard or other waste
disposal,the placement of structures or any other alteration that impedes the function
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of the buffer in protecting the quality of water in the wetland or buffering flows into
the wetland.
4. Grantors for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
5. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees,the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching;the study of
nature; and all other acts of a similar nature or purpose.
6. Grantors hereby grant, gift, quit claim and convey to the city, a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all
of the Easement Premises.
7. Grantor(s) 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, demand or causes of action of any kind or nature whatsoever which may
arise or accrue by virtue of any flowage or trespass with water within terms of
these agreements.
8. Grantor(s) 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.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
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STATE OF MINNESOTA )
)ss.
COUNTY OF 4fflrk-6 r)
The foregoing instrument was acknowledged before me this day of
AAh2010, by Michael Ebertz and Donna Ebertz, husbanand wife, the
antors.
�.�. SARAH ELIZZA1BETWP CHIER NOTARY PUBLI
NotarPu
State of Minnesota
My Commission Expires
January 31.2011
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
125005 4
�j
"'MORTGAGE,
SOLDER
CONSENT TO EASEMENT
�t u•s• Bank N A_ _ which holds neo
rtgages. an all or part of the property more
Particularly described. in the foregoing Grant of Flowage and Conservation Easement, which
s ' , m0rkgages are dated March 27, 2009 recorded April 10, 2009 Document No.
A9346098 of the County Recorder for Hennepin County. Minnesota, for good and
..
.",valuable considerion, the rxeipt and sufficiency of which is hereby aelmowledged, does
r�..
consents,and is subject to the foregoing Gmt of Conservation Easement.
,
BY:
irs Vice President
ee J. ll r
AND
'
Its Ass s pul"Mnt ice President
Sherry Rhoads
'r t"'STATE OF xENTUCxY )
K -Y
,K OUNTY OF DAVIESS )
q'4 (V
�`°faitin .
Ile foregoing inslrumee was acknowledged before me this 12th day of
" 1( ember 201f1, by Renee J. Mueller and by
She
rr Rhoads the First Vice President
and
ak ': Assistant Vice President of U.S. Bank N.A. , on is be
t44.
PUBLIC : Stephanie Houser
NOTARY ID#: 406488
" RAFTEDgY:
'My Commission Expires on October 9s 2013
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NIO11 101D
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CITY OPORONO
Exhibit A
Description of Wetland and Wetland Buffer
EXISTING PROPERTY DESCRIPTION
That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County,
Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at
right angles from a line described as follows: Beginning at a point on the easterly
line of County Road No. 135 distance 1141.25 feet southeasterly along said
easterly line from its intersection with the North line of Lot 10, said Auditor's
Subdivision; thence northeasterly 143.2 feet to a point distant 1004.29 feet south
at right angles from the North line of said Lot 10; thence continuing northeasterly
on the extension of the last-described line to the shore of Maxwell's Bay, Lake
Minnetonka, and there terminating.
WETLAND DESCRIPTION
Commencing at the Northwest corner of the above described property; thence on
an assumed bearing of South 15 degrees East along the westerly line of said
above described property a distance of 180.00 feet to the point of beginning of
the parcel being described; thence North 41 degrees East a distance of 48 feet;
thence South 56 degrees East a distance of 18 feet; thence South 21 degrees
West a distance of 18 feet; thence South 41 degrees West to said westerly line;
thence northerly along said westerly line to the point of beginning,
ALSO
That part of said above described property which lies southerly of the following
described line and its extensions: Commencing at the Northwest corner of said
above described property; thence on an assumed bearing of South 15 degrees
East along the westerly line of said above described property a distance of 360
feet to the point of beginning of the line being described; thence North 4 degrees
West a distance of 135 feet; thence North 22 degrees East a distance of 50 feet;
thence North 42 degrees East a distance of 52 feet; thence South 45 degrees
East a distance of 27 feet; thence North 36 degrees East a distance of 22 feet;
thence North 75 degrees East a distance of 25 feet; thence North 66 degrees
East a distance of 22 feet; thence North 50 degrees East a distance of 15 feet;
thence North 85 degrees East a distance of 13 feet; thence North 60 degrees
East a distance of 10 feet; thence South 40 degrees East a distance of 19 feet;
thence South 60 degrees East to the shoreline of Lake Minnetonka, and said line
there terminating.
WETLAND BUFFER DESCRIPTION
That part of said above described property described as follows: Commencing at
said Northwest corner of the above described property; thence on an assumed
bearing of South 15 degrees East a distance of 45 feet; thence North 75 degrees
East a distance of 197.64 feet to the point of beginning of the parcel being
described; thence South 61 degrees West a distance of 16 feet; thence South 31
degrees West a distance of 16 feet; thence South 49 degrees East a distance of
24 feet; thence North 78 degrees East a distance of 24 feet'; thence North 22
degrees West a distance of 12 feet; thence northwesterly to the point of
beginning.
ALSO That part of said above described property which lies southerly of the
following described line and its extensions; Commencing at said Northwest
corner of the above described property; thence on an assumed bearing of South
15 degrees East a distance of 124 feet to the point of beginning of the line being
described; thence North 27 degrees East a distance of 5 feet; thence
northeasterly and easterly along a tangential curve concave to the south having a
radius of 50 feet and central angle of 94 degrees a distance of 82.03 feet; thence
North 52 degrees East not tangent to last said curve a distance of 15 feet; thence
North 75 degrees East a distance of 25 feet; thence South 87 degrees East a
distance of 19.22 feet; thence South 48 degrees East a distance of 12.44 feet to
its intersection with a line drawn parallel with and 145 feet southeasterly,
measured at right angles to, the northerly line of said above described property;
thence easterly along said parallel line to the shoreline of Lake Minnetonka, and
said line there terminating;
EXCEPT that part of said above described property described as follows:
Commencing at the Northwest corner of the above described property; thence on
an assumed bearing of South 15 degrees East along the westerly line of said
above described property a distance of 180.00 feet to the point of beginning of
the parcel being described; thence North°41 degrees East a distance of 48 feet;
thence South 56 degrees East a distance of 18 feet; thence South 21 degrees
West a distance of 18 feet; thence South 41 degrees West to said westerly line;
thence northerly along said westerly line to the point of beginning;
ALSO EXCEPT that part of said above described property which lies southerly of
the following described line and its extensions: Commencing at the Northwest
corner of said above described property; thence on an assumed bearing of South
15 degrees East along the westerly line of said above described property a
distance of 360 feet to the point of beginning of the line being described; thence
North 4 degrees West a distance of 135 feet; thence North 22 degrees East a
distance of 50 feet; thence North 42 degrees East a distance of 52 feet; thence
South 45 degrees East a distance of 27 feet; thence North 36 degrees East a
distance of 22 feet; thence North 75 degrees East a distance of 25 feet; thence
North 66 degrees East a distance of 22 feet; thence North 50 degrees East a
distance of 15 feet; thence North 85 degrees East a distance of 13 feet; thence
North 60 degrees East a distance of 10 feet; thence South 40 degrees East a
distance of 19 feet; thence South 60 degrees East to the shoreline of Lake
Minnetonka, and said line there terminating.
WETLAND AND WETLAND BUFFER EXHIBIT FOR
N 89*22'10" E
____,`F_N_0RTH LMCOF_0F LOT 10------ MICHAEL & DONNA E5ERTZ
AUG SUB No.217
IN LOT 9, AUD. SUB. NO. 217
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES
That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, lying southerly of aline
parallel with and 125 feet southeasterly at right angles from a line described as follows: Beginning at a point
on the easterly line of County Road No. 135 distant 1141.25 feet southeasterly along said easterly line from
its intersection with the North line of Lot 10, said Auditor's Subdivision; thence northeasterly 143.2 feet to a
point distant 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing north—
'?6 1 easterly on the extension of the lost—described line to the shore of Maxwell's Boy, and there terminating.
0 20 40 80 Y
0 : denotes iron marker found
(908.3) denotes existing spot elevation, mean sea level doutm
SCALE IN FEET —917—---t denotes existing contour line, mean sea level datum
Bearings shown are based upon an assumed datum-
This survey shows the boundaries of the above described property, the two
existing entry monuments, the location of an existing house, patio, stoop,
drive, sidewalk and other visible "hardcover" thereon. It does not purport
to show any other improvements or encroachments.
DENOTES 400 S.F.DEMINIMIS WETLAND EXEMPTION
REVISIONS DESIGNED I HEREBY oTE
ERTIFY THAT THIS PLAN.SPECIFICATION OR REPORT 11-DA9-10
WAS PREPARED BY NE OR UNDER W OIRECT SUPERVISION, ALE GRONBERG & ASSOCIATES, INC.
REMARKS AND THAT I AM A DULY WENSED PROFESSIONAL ENGINEER 1*-2W
DATE BY -UR—AWN AM LAW SURVEYOR UNGER THE ME OF THE STATE OF CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS
MINNESOTA M-Ru—
Z—HE—CKED lf-afo!41 10-185 "SN.WILLOW DRIVE LIDNG(LAKE,MN 65356
DATE KIM LICENSE NUMBER PHONE:952-4734141 FAX:952-473-4435