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HomeMy WebLinkAboutPerm Flowage/Conserv Easement/restrictive covenant-2006 Sol c,JPCA-I-IA,.-Y, CAMPBELL KNUTSON Professional Association Thomas J. Campbell May 22, 2007 RECE�VE� Roger N. Knutson (` Thomas M. Scott MAY 2 ! Elliott B. Knetsch 3 Z�Q, Joel J.Jamnik Ms. Evelyn Turner CITY or OR Andrea McDowell Poehler �a0 c/o City of Orono Matthew K.Broki' Soren M.Mattick P.O. Box 66 John F. Kelly Crystal Bay, MN 55323 Henry A.Schaeffer, III Alina Schwartz Re: Brant of Permanent>Iriowage and Conservation Easement and Craig R.McDowell Restrictive Covenant for Wetland Buffer Marguerite M. McCarron Jeffrey A. Williams and Anne M. Williams 'Also Licensed in Wisconsin Dear Evelyn: Please find enclosed the original recorded Grant of Permanent Easement document regarding the above matter. This document was recorded in the office of the Hennepin County Registrar of Titles on April 30, 2007 as document number 4381404. Very truly yours, CAMPBELL KNUTSON Professional Association By: Jea4M. Olson /;-mo Enclosure 1380 Corporate Center Curve Suite 317 • Eagan,MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 131130 Doc No 4381404 04/30/2007 12:00 PM RECEIVED Certified filed and or recorded on above date: MAY 2 3 2007 Office of the Registrar of Titles Hennepin County, Minnesota CITY OF ORONO Michael H. Cunniff, Registrar of Titles TranslD 308910 Deputy 55 New cert Cert Fees 1105257 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total TRANSFER' EN T ERE© HENNEPIN COUNTY TAXPAYER SERVICES APR 3 0 2007 N PI`N C RMNN. B (reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND BUFFER INSTRUMENT made this `2-,cJ day of November, 2006, by and between JEFFREY A. WILLIAMS and ANNE M. WILLIAMS, 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 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 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. 125005 1 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 wetland buffer, measuring 25 feet in width at all points surrounding the wetland and as shown in Exhibit A, shall be maintained by Grantors in perpetuity as an "acceptable buffer area" as described within City Ordinances, 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 125005 2 IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and year set forth above. GRANTORS: JEFF . WILLIAMS ANNE M. WILLIAMS STATE OF MINNESOTA ) -)ss. COUNTY OF >.°n A /h) The foregoing instrument was acknowledged before me this 1 st day of November, 2006, by Anne M. Williams, wife of Jeffery A.44iHer. W 11-L I A 0%S BARBARA G. SILUSa4,6Q 9 ,4Zz,;j NOTARY PUBLIC-MINNESOTA NOTARY PUBL16/ My Commission Expires Jan.31,2008 STATE OF MINNESOTA ) )ss. COUNTY OF ^ ) The foregoing instrument was acknowledged before me this day of November, 2006, by Jeffrey A. Williams, husband of Anne M. Williams. NOTARY PUBLIC DRAFTED BY: CKat leen Marie ErlcksonCampbell Knutson Notary Public Minnesota Professional Associationsion Expires January 31,2011 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone:(651)452-5000 MKB 125005 3 % 'low. � MORTGAGE HOLDER CONSENT TO EASEMENT 1Idls which holds mortgages on all or part of the property more particularly described in the foregoing Grant of Conservation Easement, which mortgages are dated 3 - i 3-o3 , and recorded S- I - 6 3 as Document No. -)-?L 5 cj/ -ls of the County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Conservation Easement. BY: Its V i CL rte, AND Its i9-3S i s�R� CieGv� ✓7' (}re,ak STATE OF M-R��A ) )ss. COUNTY OF h ) The foregoing instrument was Acknowledged before me this f� day of �el 6�,� 2006, by re-,,� fir'o e►^► and by tz_ the we t and )4153,`5 , �- Scvp4-4r y of k/:!, 15 ;on its behalf. N TA PUB I DRAFTED BY: Campbell Knutson Professional Association OFFICIAL$EAL 317 Eagandale Office Center KULA M.KOEHLER 1380 Corporate Center Curve NOTARY PUBLIC-OREGON Eagan,Minnesota 55121 'WW ION NO. ; Telephone:(651)452-5000 9,2007 MKB 125005 4 EXHIBIT A DESCRIPTION OF WETLAND BUFFER That part of Lot 2 Block 3 Old Crystal Bay Road 2nd Addition, Hennepin County, Minnesota lying southerly of the following described line: Beginning at a point on the west line of said Lot 2 25 feet north of the southwest corner of said Lot 2; thence east at right angles to said west line to the common lot line between Lots 1 and 2 Block 3 Old Crystal Bay Road 2nd Addition and there terminating. 125005 5 60 City of Orono 0 0 2750 Kelley Parkway P.O. Box 66 a 1� � ti Crystal Bay, MN 55323 (952) 249-4600 tE88��� Fax: (952) 249-4616 Date: December 20, 2006 To: Matt Brokl From: Evelyn Turner 952-249-4623 Subject: Wetland Buffer Easement and Covenant Jeff and Anne Williams 3015 Watertown Road Please have this document filed. Th .6was triggered by a building permit so there is no zoning file number associated with it. O O 1; CITY of ORONO Municipal Offices ti \•� Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Esl�ji Orono, MN 55356 Crystal Bay, MN 55323.0066 November 1, 2006 Mr. and Mrs. Williams: Mrs. Williams should sign today as that is the date on her notary statement. When Mr. Williams signs that notary should fill in that date on his notary statement and also put that date on the first page of the document. There is a page for your mortgage holder to sign. Since that can take a while we will not hold up the permit for that part of the document. But we would like two copies of the document(without the mortgage page) back before we issue the permit. You should retain one copy for the mortgage company's reference. When the mortgage company has signed return all three copies of that page plus the third copy of the rest of the document to me. By mail is fine. (No water in the pool until these documents are back.) Please call me if you or the mortgage holder has any questions. 6 C,- - Even Turner City Planner 952-249-4623 Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us