Loading...
HomeMy WebLinkAboutGrant of Permanent Flowage and Conservation Easement and Restrictive Covenant Transfer Entered Jan 13, 2020 3:45 PM Hennepin County, Minnesota Doc No 705678082 Mark Chapin Certified, filed and/or recorded on County Auditor and Treasurer Jan 13, 2020 3:45 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1932611E Document Recording Fee $46.00 Document Total $46.00 PID(s) 25-118-23-42-0007 Existing Certs 1476385 This cover sheet is now a permanent part of the recorded document. (reserved for recording) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant (this"Agreement")is made this 11 day of OeCthikl-u';201 q by Bryan W.Munsell and Hayley M. Munsell, husband and wife (collectively referred to herein as "Grantor"), in favor of the City of Orono, a Minnesota municipal corporation (the "City") and is based on the following facts: A. Grantor has represented to the City that Grantor is the owner of fee title to real property legally described as Lot 2, Block 2, MOONEY LAKE PRESERVE, Hennepin County, Minnesota(the "Property"). B. The City has required, as a condition to construction of any buildings on the Property, the creation of a rain garden on the Property and the execution and delivery of this Agreement. NOW, THEREFORE, in consideration of the facts stated above and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor hereby creates and grants unto the City a permanent easement for wetland flowage and conservation purposes over, under, on and across that part of the Property legally described on Exhibit "A" attached hereto and made a part hereof by this reference (the "Easement Area") on the terms and subject to the conditions set forth below. Grantor, on behalf of Grantor and Grantor's successors in title to the Property, hereby covenants and agrees as follows: 1. Title. Grantor hereby represents and warrants to the City that Grantor is the owner of fee title to the Property, free and clear of all liens and encumbrances except any liens or encumbrances the holders of which have joined in and consented to this Agreement. 1 205892v1 2. Creation and Maintenance of Rain Garden. Grantor has created within the Easement Area a rain garden for stormwater detention and drainage purposes in accordance with the: (i) plans therefor approved by the City's Engineer; (ii) the plans and terms of the Mooney Lake Development Contract dated October 30, 2015 and recorded with the Office of the Registrar of Titles of Hennepin County, Minnesota, as Document No. T5301970; and (iii) in accordance with the survey attached hereto as Exhibit"B"(collectively,"Approvals and Plans"). Hereafter, Grantor shall maintain the rain garden in perpetuity in accordance with the Approvals and Plans, free from mowing or other vegetative disturbance. Specifically, Grantor shall not construct or install within the Easement Area any building, structure, walkway, fence, retaining wall, fireplace, pole, playground equipment, road, hard cover, underground utility lines, or utility distribution equipment, except feeders, birdhouses and other devices intended to foster wildlife, retaining walls when allowed by City ordinance and under a valid permit issued by the City, and non-hard cover walking paths when approved in writing by the City. After creation of the rain garden no cutting, mowing or removing of shrubs or other vegetation, cutting, destroying or removing of trees greater than four inches in diameter except for disease control by or as directed by a governmental agency or by special permit for maintenance as part of an approved vegetation management plan and to maintain, repair and reconstruct the rain garden, shall be permitted. The foregoing shall not prohibit the removal of brush, diseased or dead trees of any size, and buckthorn and noxious weeds, from the Easement Area. After creation of the rain garden, no excavation or filling or material alteration of the grade of the Easement Area, including changes to the size, depth or contour of the Easement Area, dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material, shall be permitted. Grantor shall not permit the free roaming of domestic animals in the Easement Area or the deposit of waste, yard waste or debris therein. Grantor shall not apply in the Easement Area any fertilizers, whether natural or chemical, chemicals for the destruction or retardation of vegetation, herbicides, pesticides or insecticides, except for noxious weed control by or as directed by a governmental agency. No outside storage of any kind shall be permitted in the Easement Area. 3. Rights of the City. Grantor, for itself and its successors in title to the Property, hereby grants to the City the affirmative right, but not the obligation, in order to effectuate the purposes of this Agreement, to preserve, improve and enhance the slope, trees, vegetation and natural habitat of the Easement Area by altering, clearing and removing trees or other vegetation, changing the contour of the land, and planting trees and other vegetation, and to enter upon the Property and Easement Area at any time to enforce compliance with the terms of this Agreement, all upon reasonable prior notice to Grantor. 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quitclaims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. 5. Release. Grantor, for itself and its successors in title to the Property, hereby remises, releases, acquits and forever discharges the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or 2 205892v1 nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Area as permitted by this Agreement. 6. No public interest. Nothing contained in this Agreement shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Easement Area, except as expressly described in this Agreement. 7. Obligations of Grantor. The obligation of Grantor shall bind only the owner of the Property from time to time during its period of ownership of the Property, and, upon the transfer of its interest in the Property, the original Grantor shall have no further liability or obligation hereunder, such liability or obligation being thereafter borne solely by the owner of the Property from time to time. 8. Amendment. This Agreement may be amended only by an instrument duly executed by the City and the owner of the Property. 9. City Engineer Approval. By executing this Agreement in the space provided below, the City Engineer of the City evidences that this Agreement, and the plans for the rain garden on the Property submitted in connection with this Agreement, satisfy the requirements of the City. [Remainder of page intentionally left blank. Signature page follows.] 3 205892v1 EXHIBIT "A" EASEMENT AREA A permanent easement for rain garden, wetland flowage and conservation purposes over, under, on and across that part of Lot 2, Block 2, MOONEY LAKE PRESERVE, Hennepin County, Minnesota, legally described as follows: Commencing at the Southwest corner of said Lot 2;thence on an assumed bearing of North 89 degrees 37 minutes 05 seconds East along the southerly line of said Lot 2 a distance of 55.94 feet; thence North 25 degrees West a distance of 39.06 feet to the point of beginning of said easement; thence North 25 degrees West a distance of 20.19 feet; thence North 0 degrees East a distance of 28.41 feet; thence North 63 degrees East a distance of 43.43 feet;thence South 70 degrees East a distance of 19.56 feet; thence North 87 degrees East a distance of 47.58 feet; thence South 87 degrees East a distance of 63.05 feet;thence South 18 degrees East a distance of 20.13 feet;thence South 67 degrees West a distance of 115.10 feet; thence North 85 degrees West a distance of 59.51 feet to the point of beginning. 5 205892v1 EXHIBIT "B" b 1„ I z � a _ � v - £'0'©1 Z M „Lc.i a00 5... .._..., CI)T/"tsr ,� — r -� ` i --,L-1 `h r [r I " o �ti u i O J ►1 •o o ,. u' I CC Q � � Q � . f OL 0 © —1 Z •• • I >- 0 • z 021 hi Z ra � • Q4.1 ��1f� 1 r •�\ pr7 <,,,.. ..., , , Z Lii Y I tie rip i illowiwidi ,,..,j 1-1-1 I 5n,3E \ , \,,, <t , ...,, z 0) , C Z z 0 z0cVA.o Of � 0i ki!:11\ 'n . . 4-Vpr \)‘. , w ).: ' Q �W SX'\ .• ....`". ''. . 'S;P:'2, ! 0•5 Ps 00• ! tvia•l•d4 n L Hitlp14' £0OL2 3 ..L, ,L4'000 N x a zi IA e0 ±NDH 6 205892v1 IN WITNESS WHEREOF, Grantor has executed this Agreement effective as of the day and year first written above. GRANTOR: Brya W. Munsell Hayley M. Munsell STATE OF MINNESOTA ) ) ss. COUNTY OF HG nns,t,.,., ) The foregoing instrument was acknowledged before me this I `7'r''day of .-- eceyJadc., 201 9 , by Bryan W. Munsell and Hayley M. Munsell, husband and wife. 1 Janet K McLean �' „,,24. Nota Public Notary Public-Minnesota ' My Commission Expires 1/31/2020 Reviewed and Approved By: :------. '-_- '; ---k----------- City Engineer, City of Orono DRAFTED BY: CITY OF ORONO P.O. Box 66 Crystal,MN 55323 952.249.4600 4 205892v1 IN WITNESS WHEREOF, Grantor has executed this Agreement effective as of the day and year first written above. GRANTOR: Bryan W. Munsell ( 347141 yley nsell STATE OF MINNESOTA ) ) ss. COUNTY OF '/lrvp, ) The foregoing instrument was acknowledged before me this iCth day of 20 I ) , by Bryan W. Munsell and Hayley M. Munsell, husband and wife. cn) r V4., 1e)1c 4, Janet K McLean Nota Public , Notary Public.Minnesota - *' My Commission Expires 1/31/2020 Reviewed and Approved By: City Engineer, City of Orono DRAFTED BY: CITY OF ORONO P.O. Box 66 Crystal,MN 55323 952.249.4600 4 205892v1