HomeMy WebLinkAboutConservation easement agreement-2004 1
CONSERVATION EASEMENT AGREEMENT
THIS CONSERVATIOWASEMENT AGREEMENT("this Agreement")is
made and entered into this j5 day of o L S4 , 2004 by and between Roslyn
S. Landsman("Grantor"), and the City of Orono, a ihunicipal corporation under the laws
of the State of Minnesota("Grantee"), referred to collectively from time to time
hereinafter as "the Parties".
WHEREAS, Grantor is the owner of the real property legally described as Lots 1
and 2 and Outlot A,Mallyvale,Hennepin County,Minnesota; and
WHEREAS, as depicted on the plat of Mallyvale, a wetland extends from the east
boundary of Lot 1, Mallyvale southwest across said Lot 1 to the southwest corner of Lot 2
("the Wetland"); and
WHEREAS, the Parties desire to establish a vegetative buffer and grant to
Grantee a Conservation Easement around the Wetland, in the area surrounding the
Wetland on Lot 1 and identified on the plat of Mallyvale as a utility and drainage
easement, to protect said buffer and the Wetland from further development;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which the Parties hereby acknowledge, the Parties hereby agree as follows:
1. Grantor hereby grants to Grantee an easement, for conservation purposes as more
fully described below, over, above and below those portions of Lots 1 and 2 and Outlot
A,Mallyvale identified-on the plat of Mallyvale as a drainage and utility easement
surrounding the Wetland("the Easement Area").
2. Grantor covenants, grants, gifts, quit claims, and conveys to Grantee the right to
restrict, and Grantor agrees to limit and preclude,the use, improvement and development
of the Easement Area as follows:
a. No structures shall be constructed, erected, or placed upon, above, or
beneath the Easement Area, including without limitation, fences, fireplaces, steps,
docks,piers,hardcover or roads of any nature whatsoever, or any other structure
or improvement inconsistent with the natural state of the Easement Area.
4
b. No trees, shrubs or other vegetation shall be destroyed, cut or removed
from the Easement Area except as authorized by written consent of Grantee.
C. No earth, loam,peat, gravel, soil or any other natural material or substance
shall be moved or removed from the Easement Area, and there shall be no
dredging or excavation of any nature whatsoever or any change of the topography
of the Easement Area without the written consent of Grantee.
d. No soil, sand, gravel or other substance or material as landfill shall be
placed,dumped or stored upon the Easement Area, and no waste,trash or garbage
shall be placed, dumped or stored upon the Easement Area.
e. No use shall be made of the Easement Area except uses, if any,which will
not change or alter the natural condition of the Easement Area, and no use which
would tend to change the drainage, flood control, water conservation, erosion
control, soil conservation, fish and wildlife habitat characteristics shall be made of
the Easement Area or the water situated thereon.
3. Grantee may enter upon the Easement Area for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed from the
Easement Area,without ay liability, any structures,uses,materials, substances, or
unnatural matter inconsistent with the covenants contained herein and the natural state of
the Easement Area.
4. In addition to any other remedy Grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
5. Grantor does not intend that the public should have any interest in the Easement
Area by virtue of this Agreement or otherwise, except as hereinabove set forth.
6. Grantor represents and warrants that she is the lawful owner of the Easement Area
and has full right, title and authority to grant the easement described herein. Any
mortgage lender, or other party in interest of the Easement Area, if any, shall consent to
this Agreement,which consent shall be attached and made a part hereof.
7. All provisions hereof shall run with the land and shall be binding upon and inure
to the benefit of the Parties and their respective heirs, successors, representatives,
grantees or assigns.
V
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GRANTOR: GRANTEE:
' CITY OF ORONO
Roslyn S.Agandsman
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledge before me this (5 day of �v�U1 , 2004
by Roslyn S. Landsman.
INGRiD BREDESON
NOTARY PUBLIC•MINNESOTA
My Comm.EXP093 JAM.31,zoos otary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledge before me this cJ+n day of2004
byyy�cz i C1 J 6A too r e , the C �-t Act rn�ri S+ rc3-t���r
of the City of Orono, a Minnesota municipal corporation, on behalf of the municipal
corporation.
RACHEL DODGE
pt�LIC•=E50TA
llExpYl6Jen.31,2005 +' j
i�
" Notary Public
THIS INSTRUMENT DRAFTED BY:
Pierson&Pierson,PLLP
Christopher J.Pierson(#195170)
1055 East Wayzata Boulevard
Suite 303
Wayzata,MN 55391
(952)473-1400
?2 qO tAJA VVWN
Exhibit 1: Additional Seed Mixes
Mixture:280AG 'cultural Areas
Bulk Rate %of Mix
Common Name kpJha lb/ac Component
Alfalfa,creeping 16.8 15 30.0
Brome gram,smooth 11.2 10 20.0
Redtop 3.4 3 6.0
Rye-grass, al 16.8 is 30.0
Switch grass 2.2 2 4.0
Timothy 2.2 2 4.0
Wheat-grass,slender 3.4 3 6.0
GRAND TOTALS: 56 1 50 100.0
Agricultural Roadside mix
Mixture:31ONWT Mfive Wet Tall
PLS Rate %of Mix
Common Name kgtha Ib/ac Component
Bluestem,big 2.8 2.5 25.0
Indian grass 2.8 2.5 25.0
Wild-rye,Virginia 2.2 2.0 20.0
Switch grass .0.6 0.5 5.0
Blue-joint grass 0.3 0.25 2.5
Green bulrush 0.3 0.25 2.5
Wool grass 0.3 0.25 2.5
Giant bur reed 0.3 0.25 2.5
Cord s, rairie 1.7 1.5 15.0
Grass Totals: 11.3 10.0 100.0
Bulk Rate %of Mix
Common Name kg1ha lb/ac Com neat
Winter Wheat* 62.7 56.0 80.0
Rye-grass,annual 12.5 11.2 16.0
Wheat s,slender 3.1 2.8 4.0 �tL
Cover Crop Totals: 78-.3 70 100.0
Wet Forbs Mixture2.2 2.0 100.0
GRAND TOTALS: 1 91.8 82.0
_mak
*Oats to be substituted for
_spring lan ' s �
Native mix for wetter areas. Tall hei t. , r�7 ` ` i
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