HomeMy WebLinkAboutTree Preservation easement-2008 o� 33 gl
Doc No 9121367 04/14/200 12:15 PM
Certified filed and or recor on above date:
Office of the C , ty Recorder
Hennepin unty, Minnesota
Michael H. niff, County Recorder
TranslD 388920 Deputy 53
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
TREE PRESERVATION EASEMENT
STEPHEN H. OTTO - CI'T'Y OF ORONO
FEBRUARY 25, 2008
TREE PRESERVATION EASEMENT
INSTRUMENT made this day of �C /tJ , 2008,by and between
STEPHEN H. OTTO,a single person("Grantor"), and the CITY OF ORONO,a Minnesota
municipal corporation("City").
The Grantor, in consideration of good and valuable consideration paid by the City,the
receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent
tree preservation easement over, under, and across the south 5.0 feet of the west 70.00 feet of the
east 149.00 feet of the following described property in Hennepin County, Minnesota:
The South one acre of the following described property: That part
of the Northwest Quarter of Section 3, Township 117 North,Range
23 West of the 5t'Principal Meridian described as follows:
Beginning at a point on the North line of Northwest Quarter distant
961.68 feet West from the Northeast corner of said Northwest
Quarter;thence south parallel with the east line of said Northwest
Quarter a distance of 396.18 feet; thence West parallel with said
North line a distance of 247.55 feet; thence North parallel with said
East Line a distance of 396.18 feet to said North line;thence East
along said North line a distance of 247.55 feet to the point of
beginning
(the "Subject Property" ).
The Grantor, for himself, his heirs, successors and assigns, agrees that the following are
prohibited in perpetuity on the Subject Property: TRANSFER ENTERED
HENNERIN COUNTY TAXPAYER SERVICES
135952 1
APR1 2008
I NTY MN
B
• y
A. Constructing, installing,.or maintaining anything made by man, including but not
limited to buildings, structures,walkways, clothes line poles, and playground
equipment within the dripline of a tree,that has the potential to damage the tree.
B. Cutting or removing trees. Removing dead trees,trimming trees to maintain
health,removing diseased trees,and removing selected trees approved by the City
when required to allow sunlight to penetrate a limited areas on the property, may
be undertaken.
C. Excavation or filling when these activities may contribute to damage or loss of
protected trees.
The above named Grantor, for himself,his heirs, successors and assigns does covenant
with the City,its successors and assigns,that it is well seized in fee title of the above described
easement premises; that he has the sole right to grant and convey the easement to the City;that
there are no unrecorded interests in the easement premises; and that he will indemnify and hold
the City harmless for any breach of the foregoing covenants.
GO
STE . OTTO
GRANTEE:
CITY OF ORONO
5 4YY(l((eA�^np"
(—,,.fames M. White Mayor
• `,n< < Ronald J. Morse City Administrator
135952 2
• r
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me thisday of
200V , by Stephen H. Otto, a single person.
�wliww�
AUDREY PLOTNIK
NOTARY K8W.w#&8pT/f �kjnfy,4--1
MY anon.E.din.31,2010 Notary Pub
iff
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 10 day of
171arc,II-1 , 20 X, by James M.White and by Ronald J. Moorse,respectively the Mayor
and City Administrator of the CITY OF ORONO, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Co '1.
a�,azaa (i.(,�CLtlt
BARBARA G.SILUS No Public
NOTARY PUBLIC-MINNESOTA
My Commission Expres Jan.31,2013
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (612)452-5000
SMM/jmo
135952 3
CONSENT TO EASEMENT
which holds a mortgage on all or
part of the property more p ocularly d scribed in the for goi g Tree Preservation Easement,which
mortgage is dated %o ,2y o 7 ,and recorded /J1061,9 7 as Document No.906/,36/with
the office of the County Recorder for1,0wA t i,&1 County,Minnesota,pursuant to that certain
Assignment of Mortgage from dated ,
and recorded .as Document No. ,for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,do(es)hereby join in,consent,and is
subject to the foregoing Tree Preservation Easement.
B
Its Lea
By:
Its
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing'instrument was acknowledged bret 's Q Id day of
20_QF by and by
�1 A o-W J'—, !Swwr e— the and of
on its behalf.
Notary Public
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center AUDREY PLOTNIK
1380 Corporate Center Curve
Eagan,Minnesota 55121 AiiY�- ��
EW An
Telephone: (612)452-5000 MY Comm '�•2010
SMM/jmo
135952 4