HomeMy WebLinkAboutCovenant of dedication- STATE OF MINNESOTA )
)ss.
COUNTY OF Nt�uNCPIAv )
COVENANT OF DCDICATION
The undersigned, Orono Limited Partnership, a Minnesota Limited Partnership, and
Coffin Corners Partnership, a Minnesota Partnership now stipulates to the following
statement of facts; and the undersigned further agrees to restrict the use and title of the
realty described in Exhibit A to this document (hereinafter referred to as Exhibit A) in
accordance with the terms and conditions set forth herein.
STIPULATIONS OF FACT
1. That the undersigned Orono Limited Partnership is the applicant for a Corps
of Engineers permit number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit
number (26) to develop wetland; and that the U. S. Army Corps of Engineers has
regulaton•jurisdiction of said wetland pursuant to Section 404 of the Clean Water Act (33
USC 1344).
That the undersigned Coffin Corners Partnership is the Contract for Deed
Vendor of Lots 1 - 6 inclusive, Block 3, and:Lots 1 - 4 inclusive, Block 4, Old Crystal
Bay Road Second Addition, Hennepin County, MN and the undersigned Orono Limited
Partner snip is the owner in fee of the real estate described as Lots 1 - 5 inclusive, Block 1,
and Lots 1 - 6 inclusive, Block 2, Old Crystal Bay Road Second Addition Hennepin
County, M'N and is the Contract for Deed purchaser of Lots 1 - 6 inclusive, Block 3, and
Lots 1 - 4. inclusive, Block 4 Old Crystal Bay Road Second Addition, Hennepin County,
3. That a pprtion of the real estate described above is a wetland under the
regulatory Jurisdiction of the St. Paul District of the U. S. Army Corps of Engineers
pursuant to Section 404 of the Clean Water Act.
4 That the undersigned applicant and the St. Paul District of the U. S. Army
Corps of Engineers have reached an agreement whereby the undersigned applicant will be
permitted to develop a portion of the wetland in accordance with the terms and conditions
of Corps of Engineers Permit number 94-02434 NW JJY, 33 CFR 330 - App. A.
Nationwide permit number (26); and, that in consideration for the permittee to develop the
wetland. the undersigned will mitigate the adverse environmental effects resulting from the
development by dedicating the easements as defined in the attached Exhibit A for perpetual
use as a conservancy area in accordance with the terms and conditions of this document
and the above mentioned permit.
Pa ,e 1 ,of t
5. That the above mentioned dedication shall consist of the execution of this
document by all parties necessary to restrict the use and title of the easements as defined in
the attached Exhibit A; and that this document shall be recorded in the Office of the
County Recorder for Hennepin County, Minnesota.
6. That a permit to develop the wetland above described would not have been
granted but for the dedication of the easements as contained on Exhibit A for use as
conservancy area; and, that upon receipt of a certified copy of this document, as recorded
in the Office of the County Recorder for Hennepin County, Minnesota, the District
Engineer of the St. Paul District of the U.S. Army Corps of Engineers will issue a validated
permit, number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit number
(26), to the undersigned applicant; and that said permit shall be issued in consideration for
the execution of this Covenant.
7. That the terms and conditions of this Covenant of Dedication shall, as of the
date of execution of this document, bind the undersigned to the extent or their legal and/or
equitable interest in the property described in Exhibit A; and that this Covenant shall run
with the land and be binding on the undersigned and their heirs and assigns forever.
S. That the terms and conditions of this Covenant shall be both implicitly and
expiicitly included in any transfer, conveyance, or encumbrance of the property described in
Exhibit A or any part thereof, and that any instrument of transfer, conveyance or
encumbrance affecting all or any part of the property described in Exhibit A shall set forth
the terms and conditions of this document either by reference to this document or set forth
in buil text.
DEED AND USE RESTRICTIONS
The undersigned. '
g Coffin Corners Partnership warrants that it is the Contract for
Deed Vendor as recited above and Orono Limited Partnership hereby warrants that they
are ;he Owner in fee and Contract for Deed Vendees as recited above of the realty
described as Exhibit A; and that the easements recited in Exhibit A are hereby dedicated in
perpetuity for use as a conservancy area.
The undersigned Orono Limited Partnership and Coffin Corners Partnership hereby
agree :o restrict the use and title of the easement area as recited in Exhibit A as follows:
1. No dredged or fill material will be placed in the easement area of Exhibit A
except as provided pursuant to permit number 94-02434 NW JJY, 33 CFR 330 - App. A.
Nationwide permit number(26).
2. No commercial, industrial, agricultural or residential `developments,
structures or buildings shall be allowed or permitted in the easement area of Exhibit A.
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3. No lumbering, mowing, drainage, burning, plowing or filling shall be
allowed or conducted on the easement area of Exhibit A. No domestic cattle, horses,
sheep or other livestock shall be kept or grazed on the easement area of Exhibit A.
4. No tilling, dumping, burning, grading, excavation, direct introduction of
untreated storm water, and mowing or other vegetation removal shall be allowed without
written approval loom the Corps of Engineers.
5. That any unauthorized prohibited activity in the conservation areas by the
permittee, subsequent property owners, or other parties shall be considered a permit
violation, and that the property owner and responsible parties may be the subject of
administrative, civil or criminal action.
6. This Covenant of Dedication may be changed, modified or revoked only
upon written approval of the District Engineer of the St. Paul District of the U.S. Army
Corps of Engineers. To be effective such approval must be witnessed, authenticated and
recorded pursuant to the law of the State of Minnesota.
%. This Covenant is made in perpetuity such that the present owner and its
heirs and assiuns forever shall be bound by the terms and conditions set forth herein.
OR 0 L PARTNERSHIP
by
Pr . nt of James Development
Corpo ation, a Minnesota Corporation, a
General Partner of Orono Limited Partnership
STATE OF %IIN'NESOTA )
)ss
C0L,T.N'TY OF HE:VNEPIIN ) '
The foregoing instrument wa ack oNli
ged before me this I rrnday of
�cT Yx r-1 199 , by I/111/1 • goel))
lll!�.;► i'�i+"i. �� ,� :.'cif President a Minnesota Corporation, a Generalartner of
ORONO LIMITED PARINIERSHIP, a Limited Partners ' nder the laws of Minnesota,
on behalf of the Limited Partnership.
LARRYE,
RAMS �Y�AMy -20-9 N ARY P IC
COFFIN CORNERS PARTNERSHIP
by
its ri
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STATE- OF NIINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was ackno(wledg d b fore ie this 1' im day of
�r,hf 1994, by C,— General Partner of
COFFIN! CORNERS PARTNERSHIP, on behalf of pa er i .
This instrument was drafted by:
SA R KUNERT&Tr�U%1B0RNIN0
I SUO Soo Linc Building .
titlnn:apolis. NtN 55402 LARRY BERG
l�I` := �.) NOTARY PUBUC- MINNESOTA
RAMSEY COUNTY
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An easement for wetland purposes over those parts of Lots 2, 3, and 4, Block 3,
OLD CRYSTAL BAY ROAD SECOND ADDITION described as follows:
Commencing at the most northerly comer of said Lot 4;thence on an assumed
.bearing of South 69 degrees 21 minutes 30 seconds West along the easterly
segment of the northwesterly line of said Lot 4 a distance of 165.00 feet to the
point of beginning of the easement being described;thence South 35 degrees
West a distance of 140.00 feet;thence South 60 degrees West a distance of
140.00 feet;thence North 15 degrees West a distance of 50.00 feet;thence North
25 degrees East a distance of 90.00 feet;thence North 68 degrees East a
distance of 160.00 feet;thence southeasterly to the point of beginning.
ALSO
An easement for wetland purposes over that part of Lot 3, Block 3, OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Beginning at
the northwest corner of said Lot 3;thence on an assumed bearing of South 2
degrees 30 minutes East along the northerly segment of the westerly line of said
Lot 3 a distance of 260.00 feet;thence South 40 degrees East a distance of 40.00
feet;thence North 63 degrees East a distance of 190.00 feet;thence South 85
degrees East a distance of 100.00 feet;thence North 25 degrees West a distance
of 130.00 feet;thence North 35-degrees East a distance of 70.00 feet;thence
North 70 degrees West to its intersection with the northerly line of said Lot 3;
thence westerly along said northerly line to the point of beginning.
ALSO
An easement for wetland purposes over that part of Lot 2, Block 3;OLD
CRYSTAL BAY ROAD SECOND ADDITION which lies northerly of the following
described line: Commencing at the northeast corner of said Lot 2;thence on an
assumed bearing of South along the northerly segment of the easterly line of said
Lot 2 a distance of 267.06 feet to an angle point in said easterly line;thence South
2 degrees,30 minutes East along said easterly line a distance of 325.00 feet to the
point of beginning of the line being described;thence on a bearing of West a
distance 40.00 feet;thence North 3 degrees West a distance of 70.00 feet;thence
on a bearing of West to its intersection with the northerly segment of the west line
of said Lot 2, and said line there ending.
ALSO
An easement for wetland purposes over that part of Lot 1, Block 3,OLD
CRYSTAL BAY ROAD SECOND ADDITION described as follows: Commencing
at the southwest corner of said Lot 1;thence on an assumed bearing of North
along the west line of said Lot 1 a distance of 285.00 feet to the point of beginning
of the easement being described;thence South 60 degrees East a distance of
40.00 feet;thence South 5 degrees East a distance of 115.00 feet;thence North
80 degrees East a distance of 60.00 feet;thence South 70 degrees East a
distance of 60.00 feet;thence North 80 degrees East a distance of 80.00 feet;
thence North 5 degrees West a distance of 140.00 feet;thence North 35 degrees
East a distance of 60.00 feet;thence North 55 degrees West a distance of 40.00
feet;thence westerly to the northwest corner of said Lot 1;thence south along said
west line to the point of beginning.