HomeMy WebLinkAboutMCWD declarations-2012 AWL AdIk
Doc No A9799462
Certified, filed and/or recorded on
6/12/12 8:32 AM
Office of the County Recorder
Hennepin County, Minnesota
Rachel Smith, Acting County Recorder
Mark V. Chapin, County Auditor and Treasurer
Deputy 1 Pkg ID 814106E
Doc Name: Declaration
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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DECLARATION
THIS declaration made this 2181 day of March 2012 , by
Anthony W.Rochel and Surya W.Rochel ,husband and wife,hereafter referred
to as the"Declarant".
RECITALS
WHEREAS, Declarant is the owner of real property within the City
of Orono Hennepin County,Minnesota,platted and legally described as:
See Attached Exhibit A.
(hereafter the"Property")and no one other than Declarant,has any right,title or
interest in the Property;and
WHEREAS,the Property constitutes the entirety ofthe land to which
Minnehaha Creek Watershed District Permit# 12-016 applies;and
WHEREAS,Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a _
condition:to issuance of their Permit# 12-016 for the.mutual benefit of the
owners of the Property. -
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NOW,THEREFORE,Declarant makes this Declaration and hereby
declares that this Declaration shall constitute covenants to run with-the Property-
in
ropertyin perpetuity,and further declares that the Property shallbe owned,used.,
occupied,and conveyed subject to the covenants,restrictions,easements,charges
and liens set forth in this Declaration,all of which shall be binding on all.persons
owning or acquiring any right,title or interest in the Property,and their heirs,
successors,personal representatives,and assigns.
1. Wetland Buffer. The wetland buffer,measuring 20 feet in width
at all points surrounding thewetlands as delineated on the site plan for the
Property attached hereto and incorporated herein as Attachment A,shall be
maintained by Declarant 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 of the buffer in
protecting the quality of water in the wetland or buffering flows into the
wetland.
2. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF,the undersigned has executed this instrument
the day and year first set forth.
DECLARANT:
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Anthony- .Rochel, ecl t
Surya S R ch , eclarant
STATE OF NIINNESOTA)
S.
COUNTY OF
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Notary Public _
WENDY B& R N� .
This Ins ant Was Dr d By.An ony W.Rochel. Notary PUMW4Mnneaota
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SITE DESIGN .*--Y-t---� `�� a 125 IURNHAM RD.
Q tiNN ORONO, MN 55359
Escrow File No.: 58018
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EXHIBIT "A"
The West 1/2 of the South 265 feet of the West 1/2 of the Northeast 1/4 of the Southwest 1/4
of the Southeast 1/4 of Section 31,Township 118 North,Range 23,West of the 5th Principal
Meridian,according to the United States Government Survey thereof,Hennepin County,
Minnesota,together with an easement for ingress and egress over a strip of land ten feet on
either side of a line commencing at the Northeast corner of the West 1/2 of the Northeast
1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 31,Township 118,Range 23; thence
West along the north line thereof,a distance of 105.0 feet,to the actual point of beginning
of the line to be described; thence angle left,74 degrees 30 minutes,a distance of 100 feet;
thence angle right 18 degrees 00 minutes,a distance of 162 feet;thence Southwesterly a
distance of 180 feet more or less,to a point on the North line of the West 1/2 of the South
265 feet thereof; which point is 44 feet East of the Northwest corner thereof; thence
Southeasterly,a distance of 160 feet more or less,to a point on the East line of the West 1/2
of the South 265 feet thereof,which point is 100 feet South of the Northeast corner thereon
and there terminating,EXCEPT that part of said strip included in the first above described
tract; together with an easement for ingress and egress over all that part of the Northwest
1/4 of the Southeast 1/4 of Section 31,Township 118,Range 23,described as follows:
Beginning at a point 60 feet North of the Southwest corner of the Northwest 1/4 of the
Southeast 1/4; thence North 1 rod; thence East and parallel with the South line 855 feet;
thence Southeasterly on a 3 minute right curve 135 feet; thence South 1 rod to the right of
way of the Electric Short Line Railroad Company; thence Westerly along said right of way
to the point of beginning; together with an easement for ingress and egress over the west
16.5 feet of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 31,Township
118,Range 23,lying North of the easement next above described and together with an
easement for ingress and egress over a 20-foot strip of land being 10 feet on either side of
the following described line or extension thereof: Commencing at the Northeast corner of
the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 31,
Township 118,Range 23,thence West along the North line thereof,a distance of 105.0 feet;
thence angle left 74 degrees,30 minutes to the South line of the UP&L property(formerly
the South line of the Minneapolis Industrial Railway right-of-way)which is the actual point
of beginning of the line to be described: Thence North 15 degrees,30 minutes East to the
North line of the UP&L property(formerly the North line of the Minneapolis Industrial
railway) and there terminating.
AND
The East Half of the South 265 feet of the West Half of the Northeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 31,Township 118,Range 23,
according to the United States Government Survey thereof,Hennepin County,Minnesota.
(Abstract Property)
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