HomeMy WebLinkAbout2005 - Wetland Declaration i inn ii in iuii g u. iu
TRANSFER ENTERED Doc No 8581632 05/13/2005 12:33 PM
NENNEPW COUNTY TAXPAYER ssnvio 9
Certified filed and or recorded on above date:
MAY I 3 t7 I. Office of the County Recorder
Hennepin County,Minnesota
Michael H.Cunniff,County Recorder
� Deputy 3 TranslD 113973
Fees
$15.00 DOC
$4.50 SUR
$1.00 COPY
$20.50 Total
THIS DECLARATION("Declaration")is made this 2nd day of May,
2005,by Craig Scherber,("Declarant").
s
WHEREAS,Declarant is the owner of real property within the City of
Orono,Hennepin County,Minnesota,platted and legally described as:
Block 1,Lot 3 Wildhurst Estates
(the"Property")and no one other than Declarant,[name additional parties
executing declaration of Consent and Subordination],has any right,title or
interest in the Property;and
WHEREAS,the Property constitutes the entirety of the land to which
Minnehaha Creek Watershed District Permit#05-115 applies;and
WHEREAS,Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of their Permit#05-115 for the mutual benefit of the
owners of the Property.
NOW,THEREFORE,Declarant makes this Declaration and hereby
declares that this Declaration shall constitute convenants to run with the
Property,and further declares that the Property shall be owned,used,occupied,
and conveyed subject to the convenants,restrictions,easements,charges and
liens set forth in this Declaration,all of which shall be binding on all persons
owning or acquiring any right,title or interest in the Property,and their heirs,
successors,personal representatives,and assigns.
RECo '.
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wq STATE OF MINNESOTA,COUNTY OF HENNEPIN
�i;j,, '• L Cer:lied to be a true and=tract copy of the
* a on file a of record in my office
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1. Wetland Buffer. The wetland buffer,varying in width at all points
surrounding the wetlands as delineated on the site plan for the Property
attached hereto and incorporated herein as Attachment A,shall be maintained
by Declarant in perpetuity 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.
2. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF,the undersigned has executed this instrument
the day and year first set forth
DECLARANT:
By: � �---�
[name representative capacity,if
• applicable]
STATE OF MINNESOTA)
)ss.
COUNTY OF W )
The foregoing instrument was acknowledged before me this 3 day of
way ,200.5.by Ccc ;S ScAIe -to"
1(111, L•.)
Notary Public
This Instrument Was Drafted By:Craig Scherber
1006 Wildhurst Trail
Orono,MN 55364 , KAREN MARIE WRONSKI
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CONSENT AND SUBORDINATION
NATIONAL CITY MORTGAGE CO.a Ohio corporation,the holder of a
mortgage dated February 2,2005[filed for record with the County Recorder]
County,Minnesota on as Document No. ,hereby
consents to the recording of the attached Declaration and agrees that its rights In
the property affected by the Declaration shall be subordinated thereto.
IN WITNESS WHEREOF,NATIONAL CITY MORTGAGE CO.a OHIO
corporation,has caused this Consent and Subotdination to be executed this 11th
day of May,2005.
NATIONAL CITY MORTGAGE CO.
a Ohio corporation
By: ` LQ -dJ k:P- .c
Cry A.Carter-Rhodes
Its: Supervisor
STATE OF OHIO)
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COUNTY OF MONTGOMERY)
Be it remembered that on this 11th day of May,2005,before me, a Notary Public
in and for said County,personally came the above named Crystal A.Carter-
Rhodes, Supervisor,of National City Mortgage Co who acknowledged the signing
of the foregoing instrument to be its and their voluntary act and deed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed
my Notary Seal on the day and year last aforesaid.
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—= *- MARGARET EDURNAM,WHIP* /Notary Public
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