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Doc No T5011539
Certified, filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V.Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID B79653C
Doc Name: Certificate of Trust
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1357535
This cover sheet is now a permanent part of the recorded document.
MR
CERTIFICATE
OF TRUST
[RESERVED FOR RECORDING DATA)
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
Cindy L. Nelsen, being first duly sworn or affirmed, on oath states:
1. The name of the grantor Trust is Edith L. Nelson Family Trust, created by
provisions of the Edith L. Nelson Revocable Trust U/A 10/6/97.
2. The date of the creating Trust instrument is October 6, 1997.
3. The name of the Grantor is Edith L. Nelson.
4. The name of each original trustee is Edith L. Nelson and Arthur J. Nelson.
5. The name and address of each trustee who is individually empowered to act
under the Trust Instrument at the time of execution of the Certificate are
Cindy L. Nelsen Mark J. Nelson Daniel A. Nelson
2750 County Road 90 809 Halsey Ave. SE 2223 Keats Ave. Sw
Maple Plain, MN 55359 Buffalo, MN 55313 Howard Lake, MN 55349
6. Each trustee is authorized by the Instrument to sell, convey, pledge, mortgage,
lease, or transfer title to any interest in real or personal property, EXCEPT as
limited by the following (if none, so indicate):
10.31.12 ' N E
1 �
•
NONE
7. Any other trust provisions the undersigned wishes to include:
NONE
8. The Trust has not been terminated nor revoked.
9. The statements contained in this Certificate of Trust are true and correct and
there are no other provisions in the Trust Instrument or amendments to it that
limit the powers of the trustees to sell, convey, pledge, mortgage, lease or
transfer title to interests in real or personal property.
Signature of Trustee of Grantor
OAMO(A-4-1-----nd4C-4A-2
Cindy L. Nets
Trustee
Subscribed and sworn to or affirmed before me this 31St day of October, 2012.
NOTARIAL STAMP OR SEAL OR OTHER TITLE OR RANK)
TIPPIN A BERG C •
1F[ (' �7(
r SIGNATURE.nFp1�'"_O NG A KNOWLEDGMEN
NOTARY PUBLIC-MINNESOTA
My Comm.ExpIrtt Jolt 31.2015
TAX STATEMENT FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO
(INCLUDE NAME AND ADDRESS OF GRANTEE(S)
THIS INSTRUMENT WAS DRAFTED BY:
William M. Dicke[, Esq.
1055 E. Wayzata Blvd.,#320
Wayzata, MN 55391
TRUSTEE CERTIFICATE 10.31.12 -2- EDITH L.NELSON FAMILY TRUST
l�
111 111111001111111 11111111
Doc No T5011540
Certified,filed and/or recorded on
1117112 3:36 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V.Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name:Affidavit of Trustee
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1357535
This cover sheet is now a permanent part of the recorded document.
AFFIDAVIT
OF TRUSTEE
[RESERVED FOR RECORDING DATA]
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN
Cindy L. Nelson, being first duly sworn or affirmed, on oath states:
1. Affiant is one of the trustees for the Edith L. Nelson Family Trust who is named in
that certain Certificate of Trust dated on
the 31St day of October, 2012, and filed foor record as
Document Number: 50 1 15-39
in the Office of the County Recorder or Registrar of Deeds in and for Hennepin
County, Minnesota, executed by Affiant or another trustee of the grantor of the
Trust described in the Certificate of Trust, and which relates to real property in
Hennepin County, Minnesota legally described as follows:
The North One-fourth of the Northwest Quarter of the Southwest Quarter of
Section 3, Township 117, Range 23, Hennepin County, Minnesota except the
South 198.00 feet of the West 279.32 feet of said North One-fourth of the
Northwest Quarter of the Southwest Quarter;
Except that part which lies easterly of the northerly extension of the west line of
Lot 1, Block 1, Bill Kelley's Land 3rd Division.
Also;
10.31.12 •
3 VA tl
a
That part of the Southwest Quarter of the Northwest Quarter of Section 3,
Township 117, Range 23, Hennepin County, Minnesota described as follows:
Beginning at the Southwest corner of the Northwest Quarter of said Section 3;
thence East along the South line of said Northwest Quarter 881.615 feet, said
point is marked by a judicial Landmark set pursuant to Torrens Case No. 14342;
thence North, parallel with the West line of said Northwest Quarter, 264.00 feet,
said point is marked by a Judicial Landmark set pursuant to Torrens Case No.
14342; thence West parallel with the South line of said Northwest Quarter,
518.015 feet, said point is marked by a Judicial Landmark set pursuant to
Torrens Case No. 14342; thence Northwesterly to a point on the West line of said
Northwest Quarter distant 478.50 feet North from the point of beginning, said
point is referenced by a Judicial Landmark set pursuant to Torrens Case No.
14342 at the intersection of said last described line and the East line of the West
33.00 feet of said Northwest Quarter; thence South along the West line of said
Northwest Quarter to the point of beginning.
2. The name and address of all trustees who are individually empowered by the
Trust Instrument to act at the time of the execution of this Affidavit are as follows:
Cindy L. Nelsen Mark J. Nelson Daniel A. Nelson
2750 County Road 90 809 Halsey Ave. SE 2223 Keats Ave. Sw
Maple Plain, MN 55359 Buffalo, MN 55313 Howard Lake, MN 55349
3. The trustees who have executed that certain plat by which that real property
described above is platted and becomes legally described as follows:
Lots One, Two, and Three, Block One, Willow Hill, plus Outlot A and
Outlot B, Willow Hill, Hennepin County, Minnesota
dated the 27th day of August, 2012: •
(a) are empowered by the provisions of the Trust to sell, convey, pledge,
mortgage, lease, or transfer title to any interest in real property held in
trust; and
(b) are more than the requisite number of trustees required by the provisions
of the Trust to execute and deliver such an instrument.
4. The Trust has not been terminated and has not been revoked.
5. There has been no amendment to the Trust which limits the power of trustees to
execute and deliver the instrument described in paragraph 3.
TRUSTEE'S AFFIDAVIT 1D-31-12 -2- EDITH L.NELSON FAMILY TRUST
6. The Trust is not supervised by any court.
7. Affiant does not have actual knowledge of any facts indicating that the Trust is
invalid.
(AM eiv")
Cindy L. Nets
Subscribed and sworn or affirmed before under oath this 315'day of October, 2012.
TIMM t1 BERG ^
rLUNNESOTA Notary Pu �\i
4.451
It NOTARY PUBLIC-
� {31 Comm.ES1IIC4 Jan.31.2015
•
TRUSTEE'S AFFIDAVIT 10-31-12 -3- EDITH L.NELSON FAMILY TRUST i E
11 IN 0 111 111
Doc No 15011541
Certified, filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County,Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name:Development Agreement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1357535
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WILLOW HILL
PROJECT NO. 11-3534
AGREEMENT dated 40,r4.- ,21, 2012, by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City"); and MARK J. NELSON,DANIEL A.
NELSON AND CINDY L. NELSEN, TRUSTEES FOR THE EDITH L. NELSON
FAMILY TRUST U/A 10/6/97(hereinafter collectively referred to as the"Developers").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for"WILLOW HILL" (referred to in this Contract as the"Plat"). The land to be
subdivided by the Plat(the"Land")is situated in the City of Orono, County of Hennepin, State
of Minnesota,and is legally described on the attached Exhibit"A".
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on
condition that the Developer enter into this Contract and furnish the security required by it. The
City will cause the Plat to be duly recorded in the office of the Registrar of Titles in and for
Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions
precedent to such recording pursuant to this Contract, which conditions precedent the Developer
shall cause to be satisfied within 180 days after the City Council approves the final Plat.
165101v1 1
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3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or
otherwise disturb the earth, remove trees, construct streets, utilities, public or private
improvements, or any buildings until all the following conditions have been satisfied: 1) this
Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary
"security"(defined below)has been received by the City, and 3)the Plat has been duly recorded in
the office of said Hennepin County Recorder.
4. PHASED DEVELOPMENT. N/A
5. PRELIMINARY PLAT STATUS. N/A
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of
this Contract,no amendment to the City's Comprehensive Plan,or official controls shall apply to or
affect the use, development density, lot size, lot layout or dedications of the.Land unless required
by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law,
the City may require compliance with any amendments to the City's Comprehensive Plan, official
controls,platting or dedication requirements enacted after the date of this Contract with respect to •
property which did not receive final plat approval prior to any such amendment.
7. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
following plans (collectively,the"Plans"). The Plans shall not be attached to this Contract. The
erosion control plan may also be approved by the Minnehaha Creek Watershed District. If the
Plans vary from the terms of this Contract,the terms of this Contract shall control.The Plans are:
Plan A—Plat
Plan B-Final Grading,Development, Erosion Control Plan,and Storm Water
Pollution Prevention Plan
Plan C -Plans and Specifications for Public and Private Improvements
Page 2 of 22
165101v2
Plan D-Ecological Restoration and Management Program
Plan E-Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following as
required to be built in accordance with the approved Plans(the"Improvements"):
A. Site Grading,Ponding,and Erosion Control
B. Setting of Iron Monuments
C. Surveying and Staking
D. Private Roadway
E. Traffic Control Signs and Street Signs
F. Underground Utilities
G. Stormwater Quality Pond
H. Wetland Buffers and Signage
The Improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities and street construction; and any other ordinances including
those concerning erosion and drainage and any prohibiting grading, construction activity, and the
use of power equipment. The Developer shall submit plans and specifications which have been
prepared by a competent registered professional engineer to the City for approval by the City
Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel
to assuie an acceptable level of quality control. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the
work as the City may reasonably determine. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's inspectors. The Developer's engineer shall
provide for on-site project management. The Developer's engineer is responsible for design
changes and contract administration between the Developer and the Developer's contractor. The
Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at
Page 3 of 22
165101 v2
the City Council chambers with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the
Improvements and before the "security" is released, the Developer shall supply the City with a
complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed"
Plans in an auto CAD file based upon the Hennepin County coordinate system, all prepared in
accordance with City standards. Developer will install any required sidewalks and trails just prior
to the installation of the final lift of asphalt.
9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.02
and the Orono City Code, the final placement of iron monuments for all lot corners must be
completed before the"security"is released. The Developer's surveyor shall submit a written notice
to the City certifying that the monuments have been installed.
10. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, including but not limited to the following to the
extent required:
• DNR for Dewatering
• City of Orono for Building Permits
• Minnehaha Creek Watershed District for erosion control permit and storm
water management permit
• NPDES Permits (National Pollutant Discharge Elimination Systems)
issued by MPCA
11. DEWATERING. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors' and
subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater
in the area and the level of effort needed to perform dewatering and storm flow routing
operations. All dewatering shall be in accordance with all applicable county, state, and federal
Page 4 of 22
165101v2
rules and regulations. DNR regulations regarding appropriations permits•shall also be strictly
followed.
12. TIME OF PERFORMANCE. The Developer shall install all Improvements as
contemplated by Section 8 and the approved Plans by November 30, 2012, with the exception of
the final wear course of asphalt on streets. The final wear course on streets shall be installed
between August 15th and September 15Th the first summer after the base layer of asphalt has been in
place one freeze thaw cycle. The Developer may, however, request an extension of time from the
City. If an extension is granted, it shall be conditioned upon updating the"security"to reflect cost
• increases and extended completion date. Final wear course placement must have the written
approval of the City Engineer,and may be delayed or scheduled at any time of the year based upon
existing site conditions at the discretion of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Land to perform all work and inspections deemed appropriate
• by the City in conjunction with development of the Land.
14. EROSION CONTROL. Prior to initiating site grading,the storm water pollution
prevention plan, and the erosion control plan,Plan B, shall be implemented by the Developer and
inspected and approved by the City. The City may impose additional erosion control requirements
if reasonably required. All areas disturbed by excavation and backfilling operations shall be
reseeded within five (5) days after the completion of the work, weather permitting, or in an area
that is inactive for more than ten(10) days unless authorized and approved by the City Engineer.
Except as otherwise provided in the erosion control plan, seed shall be in accordance with the
City's current seeding specification which may include certified oat seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
Page 5 of 22
165101v2
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule
or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action,but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within ten (10) days, the City may draw down the "security" to pay any costs. No
development or utility construction will be allowed and no building permits will be issued unless
the Land is in fill compliance with the approved erosion control plan.
15. GRADING PLAN. The Land shall be graded in accordance with the approved
grading development and erosion control plan,Plan"B". The plan shall conform to City of Orono
specifications. Within thirty (30) days after completion of the grading and before the City
approves individual building permits the Developer shall provide the City with an"as constructed"
grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches
for public drainage have been constructed on public easements or land owned by the City.
Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to
completion of all grading,provided the City Engineer has determined that adequate erosion control
measures are in place. The "as constructed" plan shall include field verified elevations of the
following: a) cross sections of ponds; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles,
and installed"conservation area"posts;and c)lot corner elevations,and house pads. The City will
withhold issuance of building permits until the approved certified grading plan is on file with the
City and all erosion control measures are in place as determined by the City Engineer. The
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Developer certifies to the City that all lots with house footings placed on fill will have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications. The Developer
agrees to stake,for demonstration purposes only,the proposed areas to be dedicated to the City for
possible use as parks.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has
resulted from construction work by the Developer,builders,subcontractors,their agents or assigns.
Prior to any construction on the Land,the Developer shall identify in writing a responsible party
and schedule for erosion control,street cleaning,and street sweeping.
17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS.
Developer shall enter into and execute a Private Road Easement and Maintenance Declaration.
Upon completion of the Improvements, the City shall inspect the Improvements and notify
Developer if any of the Improvements do not conform to the requirements of this Contract.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. The Developer shall pay a fee for engineering administration. City
engineering administration will include monitoring of construction observation, consultation with
Developer and its engineer on status or problems regarding the project, coordination for final
inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in the "security." Fees for this service shall be at standard hourly rates.
These fees shall be billed monthly, and paid out of and drawn against the escrow account
established by Developer for payment of all City consultant fees. The existing Preliminary Plat
escrow shall be converted into the City Engineering Administration and Construction Observation
Escrow.
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165101v2
19. CLAIMS. In the event that the City receives claims from labor,material,or others
that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, material, or others are seeking payment from the City, the Developer hereby
authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of
Civil Procedure for the District Courts,to draw upon the"security"in an amount up to 125 percent
of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the
Developer shall release,discharge, and dismiss the City from any further proceedings as it pertains
to the funds deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys'fees pursuant to this Contract.
20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the
standard Storm Water and Drainage Trunk Fee of$3,660 per acre calculated as follows:
$3,660 per acre x 9.71 total acres=$35.539.00
21. PARK DEDICATION FEE. The Land is subject to the standard Park
Dedication Fee requirement for the City of Orono. Because the value of each newly created lot
in the Plat will be in excess of the threshold value of$69,375.00,the eight percent(8%)park fee
cap of$5,500.00 per lot will apply;therefore,the Park Dedication Fee is calculated as follows:
2 lots x $5,550.00 per lot = $11,100.00
22. LANDSCAPING. All landscaping shall be installed in accordance with the
approved landscape plan.
23. SPECIAL PROVISIONS. The following special provisions shall apply to
development of the Land:
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A. Implementation of and adherence to the findings and conditions listed in
Resolution No. 6137. Approving the Preliminary Plat for Property Located at 400 Willow Drive
South,File No. 11-3534,adopted by the Orono City Council on May 14,2012.
B. Conservation easements for the protection of wetlands, woodlands and
open spaces must be established over the areas as shown on the approved
Conservation/Preservation Plan drawing. Before the City signs the Plat, the Developer shall
provide the City with an appropriately executed Grant of Permanent Flowage and Conservation
Easement and Restrictive Covenant for Wetland and Wetland Buffer (the "Conservation
Easement"), in recordable form, specifying the proposed conditions and limitations to be placed
on the specific areas noted above. The easement shall incorporate as a minimum the following
elements: no structures allowed,no fences,no domestic animals(i.e.no horses, sheep, chickens,
etc.), no tree or vegetation removal except by special permit for maintenance or as part of an
approved vegetation management plan, no excavating or earth movement. Creation and
maintenance of non-hardcover walking paths may be allowed. Permanent markers of a design
and material acceptable to the City Planning&Zoning Coordinator shall be placed at all points
where the conservation easement intersects a lot boundary or where the easement boundary line
changes direction. The recording of the Plat and the Conservation Easement shall be conclusive
evidence of the satisfaction of this special provision.
C. Final Plat approval is subject to Minnehaha Creek Watershed District
("MCWD") approval and permits as required. The City will not approve the Plat until the
MCWD has approved the stormwater management plans and the Developer has provided
evidence that all required MCWD permits have been obtained.
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D. The Developer shall establish a homeowners association providing that the
homeowners association will be responsible for all future maintenance of the stormwater ponds
and facilities within the Land.
E. • The Developer shall construct a private road on the Land to provide access
to the three residential building lots,southeastward from Willow Drive. The private road may be
designed to preserve existing vegetation,subject to the approval of the City Engineer. Before the
City signs the Plat, the Developer shall provide the City with an appropriately executed
permanent road, drainage, and utilities easement, in recordable form, over the outlot containing
•
the private road. The homeowners association covenants shall provide that the private road will
be maintained to reasonable standards at all times by the homeowners association and that failure
of the homeowners association to so maintain the private road will be cause for the City to
accomplish the needed maintenance and to assess the benefited properties for the direct cost of
such maintenance. Before the City signs the Plat, the Developer shall also provide a separate
"Declaration of Private Covenants,Conditions, Restrictions and Private Roadway Easement"for
maintenance of same over the private road outlot.
F. All lots have been tested and found capable of providing suitable primary
and alternate sites for on-site sewage treatment systems. For all lots, mound systems will be
required. Special precautions, including but not limited to protective covenants as well as
physical barriers during construction activity,must be taken to protect these sites on both a short-
term and long-term basis, as municipal sewers are not projected to be extended to serve the Land.
Before the City signs the Plat,the Developer shall furnish an appropriately executed Declaration
of Restrictive Covenant for Protection of Sewage Treatment Sites, in recordable form.
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G. All of the proposed lots must contain suitable area meeting all established
setback requirements to allow the construction of single family residences.
H. The Developer must obtain a sign permit from the City Building Official
prior to installation of any subdivision identification signs for the Land. The City sign ordinance
allows temporary subdivision identification signs on corner lots provided the signs meet area,
height, and setback requirements, and provided the Developer submits a $1,000.00 per sign
security guaranteeing sign removal when the subdivision is fully developed.
I. Prior to City Council approval of the final Plat, the Developer shall furnish
a boundary survey of the Land with all property corner monumentation of the Land in place and
marked with lath and a flag. Any encroachments on or adjacent to the Land shall be noted on the
survey. The Developer shall post a $300.00 security (the "Monument Security") for the final
placement of interior subdivision iron monuments at property corners and the placement of all
monuments pursuant to 1066. The Monument Security was calculated as follows: 3 lots at
$100.00 per lot. The Monument Security will be held by the City until the Developer's land
surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition,the certificate of survey must also include a certification that all irons for
a specific lot have either been found or set prior to the issuance of a building permit for that lot.
J. The Developer shall pay to the city engineer the amounts incurred for the
preparation of record construction drawings and City base map upgrading.
K. The Developer shall submit the final Plat in electronic format. The
electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of
the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin
County). The Developer shall also provide one copy reduced to 1"=200'.
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24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance
with the terms of this Contract, payment of the costs of all Improvements and construction of all
Improvements, the Developer shall furnish the City with a letter of credit, in the form attached
hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any
required landscaping. The amount of the security shall be $201/126,.���. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security,upon five
(5)business days' prior written notice to Developer,for any violation of the terms of this Contract.
Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements
are not completed at least thirty(30) days prior to the expiration of the security,the City may also
draw it down. If the security is drawn down,the proceeds shall be used to cure the default. Upon
receipt of proof satisfactory to the City that work has been completed and financial obligations to
the City have been satisfied, with City approval the security may be reduced from time to time by
ninety percent (90%) of the fmancial obligations that have been satisfied. Ten percent (10%) of
the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be
retained as security until all Improvements have been completed, all financial obligations to the
City satisfied, the required "as constructed" Plans have been received by the City, a warranty
security is provided, and the public Improvements are accepted by the City Council. The City
standard specifications for utilities and street construction outline procedures for security
reductions.
25. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a
summary of the cash requirements and fees due under this Contract, which must be paid in cash at
the time of final plat approval:
Park Fee 11,100.00
Storm Water and Drainage Trunk Fee 35,539.00
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Eng. Admin and Construction Obsery escrow 7,500.00
Final.Plat Fee 700.00
Total Cash Requirements&Fees $54,839.00
26. WARRANTY. The Developer warrants all Improvements against poor material
and faulty workmanship. The warranty period for streets is one year. The warranty period for
underground utilities is two years and shall commence following completion and acceptance by the
City Council. The one year warranty period on streets shall commence after the final wear course
has been installed and accepted by the City Council as documented in official City minutes. The
Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance
Security") in an amount reasonably determined by the City Engineer. The City Engineer shall
examine the condition of the Improvements when determining the amount of the Maintenance
Security. The City shall retain ten percent(10%) of the security until the Maintenance Security is
furnished the City or until the warranty period expires,whichever first occurs. The retainage may
be used to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities.
27. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by it or the City in conjunction with the development of the Land, including but not
limited to Minnehaha Creek Watershed District charges, legal, planning, engineering and
inspection expenses incurred in connection with approval and acceptance of the Plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the Land.
B. The Developer shall hold the City and its officers, employees, and agents
harmless from claims made by itself and third parties for damages sustained or costs incurred
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resulting from Plat approval and development of the Land. The Developer shall indemnify the
City and its officers,employees,and agents for all costs,damages,or expenses which the City may
pay or incur in consequence of such claims,including attorneys' fees.
C. The Developer shall reimburse the City for reasonable costs incurred in the •
enforcement of this Contract,including engineering and attorneys'fees.
D. The Developer shall pay, or cause to be paid when due, and in any event
before any penalty is attached, all special assessments referred to in this Contract. This is an
obligation of the Developer and shall continue in full force and effect even if the Developer sells
one or more lots,the Land,or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Contract within thirty(30)days after receipt. If the bills are not paid
on time,the City may halt development and construction of the Land until the bills are paid in full.
Bills not paid within thirty(30)days shall accrue interest at the rate of eighteen percent(18%)per
year.
F. In addition to the charges and special assessments referred to herein, other
charges as required by City ordinance or via other agencies for which City acts as agent may be
imposed such as,but not limited to,building permit fees.
28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any
of the work to be performed by it hereunder,the City may, at its option,perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City, provided the
Developer, except in an emergency as determined by the City, is first given notice of the work in
default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to
act,and it shall not be necessary for the City to seek a Court order for permission to enter the Land.
Page 14 of 22
165101 v2
When the City does any such work,the City may, in addition to its other remedies, assess the cost
in whole or in part against any portion of the Land owned by the Developer or any successor in
• interest to the Developer.
29. MISCELLANEOUS.
A. The Developer represents.to the City that the Plat complies with all city,
county, state, and federal laws and regulations, including but not limited to: subdivision
ordinances,zoning ordinances, and environmental regulations. If the City determines that the Plat
does not comply,the City may, at its option,refuse to allow construction or development work on
the Land until the Developer does comply. Upon the City's demand, the Developer shall cease
work until there is compliance.
B. Third parties shall have no recourse against the City or Developer under this
Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for
denial of building permits,including those for lots sold to third parties.
D. If any portion, section,subsection, sentence,clause,paragraph,or phrase of
this Contract is for any reason held invalid, such decision shall not affect the validity of the .
remaining portions of this Contract.
E. Grading and one lift of asphalt shall be installed on all streets prior to
issuance of any building permits.
F. If building permits are issued prior to the completion of all Improvements,
the Developer assumes all liability and costs resulting in delays in completion of Improvements
and damage to Improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No one may occupy a building for which a
Page 15 of 22
165101v2
building permit is issued on either a temporary or permanent basis until the streets needed for
access have been paved with at least one Iift of bituminous surface and the utilities are accepted by
the City Engineer in writing.
G. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release. •
H. This Contract shall run with the Land and may be recorded against the
Land.The Developer covenants with the City,its successors and assigns,that the Developer is well
seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in
the Land; and that the Developer will indemnify and hold the City harmless for any breach of the
foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right,power or remedy,express or implied,now or hereafter arising,
available to the City, at law or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right,power or remedy.
J. The Developer may not assign this Contract without the written permission
of the City Council. The Developer's obligations hereunder shall continue in full force and effect
even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request,
•
Page 16 of 22
165101v2
the City shall provide, in recordable form, a release of any lot in the Plat from this Development
Contract if the City determines that the terms and conditions of this Contract have been satisfied.
K. Retaining walls that require a building permit shall be constructed in
accordance with plans and specifications prepared by a structural or geotechnical engineer licensed
by the State of Minnesota. Following construction, a certification signed by the design engineer
shall be filed with the City Engineer evidencing that the retaining wall was constructed in
accordance with the approved plans and specifications. All retaining walls required to be
constructed by the Plans, or special conditions referred to in this Contract, shall be constructed
before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be
built.
L. Developer shall be responsible for all snow removal from vacant lots to
•
the extent that City Ordinance requires snow removal. Developer shall be responsible for
ensuring that all vacant lots comply with the City's Code regarding nuisances.
30. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: do Daniel Nelson, 3516 228'h Avenue, East Bethel,
Minnesota 55055. Notices to the City shall be in writing and shall be either hand delivered to the
City Administrator, or mailed to the City by certified mail in care of the City Administrator at the
following address: Orono City Hall,2750 Kelley Parkway,Orono,Minnesota 55356. Either party
may change the address to which notices to such party thereafter shall be given,by providing to the
other party notice of such change.
[Signatures contained on next page.]
Page 17 of 22
165101v2
•
•
CITY OF ORONO
�
•
By: it:R. 14 1_6c/tit.
: - , � Lili Tod McMillan,Mayor
.z C7 • ,1111*1jl 3 ' ;
z C;s, Vit, p w
Xft;:z.
i.. • " o= Linda S. Vee,City CIerk
y ti• .tiY t,,.jjtrH).
,2',.i�/•orf�{'7 '
s
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 07,7 day of
OttAdts_+. , 2011, by Lili Tod McMillan and by Linda S. Vee, respectively the Mayor
and Clity Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
(^�✓J.i.!l✓lll..rl1J111I1J.rJ✓J.!l✓,i�
A !f
MONICAA.FADNEss ti Il11.tC_it.
NOTARY PUBLIC.INNESOTA NOTARY PUBLIC
�./✓.!..y.✓rr*fly'�wissifi 11 msla 31.Zn✓yl
•
Page 18 of 22
165101v2
DEVELOPER:
THE EDITH L. NELSON FAMILY
TRUST U/A 10/6/97
Mark J.Nelson, tee
14.1 D 'el A.Nel on,T tee
0A;14-C&LI---n4494"—.)
Cindy L.Nelsen,ffrustee
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this (.,0-14"day of
V` ov }",„ ,2012,by Mark J.Nelson.
TIPPIN A BERG ,� Q a �4
� r
� � NOTARY PUBLIC•.MINNESOTA Notary Public
My Comm.Expires Jan.31.2015
•
STATE •. "�.. .S •
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this p ay of
,2012,b Daniel A.Nelson.
TIPPIN A BERG
;rte i NOTARY PUBLIC•MINNESOTA (c
•, (• tMy Comm.Expires Jon.31.2015 Notary Publicly
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this c qday of
ik_ ,, 4,3" ,2012,by Cindy L.Nelsen.
62_
TIPPIN A BERG Notary Public
•; y NOTARY PUBLIC•UINNESOTA
t My Comm.Expires Jon.31.2015
•
165101v1 19
EXHIBIT"A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Platted As:
That part of the following described property:
The North One-fourth of the Northwest Quarter of the Southwest Quarter of Section 3,
Township 117,Range 23,Hennepin County,Minnesota except the South 198.00 feet of
the West 279.32 feet of said North One-fourth of the Northwest Quarter of the Southwest
Quarter;
Except that part which lies easterly of the northerly extension of the west line of Lot 1,Block 1,
BILL KELLEY'S LAND THIRD DIVISION.
That part of the Southwest Quarter of the Northwest Quarter of Section 3, Township 117,Range
23,Hennepin County,Minnesota described as follows: Beginning at the Southwest corner of the
Northwest Quarter of said Section 3;thence East along the South line of said Northwest Quarter
881.615 feet,said point is marked at a Judicial Landmark set pursuant to Torrens Case No.
14342;thence North,parallel with the West line of said Northwest Quarter,264.00 feet,said
point is marked by a Judicial Landmark set pursuant to Torrens Case No. 14342;thence West
parallel with the South line of said Northwest Quarter,518.015 feet,said point is marked by a
Judicial Landmark set pursuant to Torrens Case No. 14342;thence Northwesterly to a point on
the West line of said Northwest Quarter distant 478.50 feet North from the point of beginning,
said point is referenced by a Judicial Landmark set pursuant to Torrens Case No. 14342 at the
intersection of said last described line and the East line of the West 33.00 feet of said Northwest
Quarter;thence South along the West line of said Northwest Quarter to the point of beginning.
165101v1 20 •
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
CINDY L.NELSEN,MARK J.NELSON,AND DANIEL A.NELSON,TRUSTEES
FOR THE EDITH L. NELSON FAMILY TRUST, fee owners of all or part of the subject
property, the development of which is governed by the foregoing Development Contract, affirms
and consents to the provisions thereof and agrees to be bound by the provisions as the same may
apply to that portion of the subject property owned by it.
Dated this 2? . 'day of AU/cu rt- ,2012.
e,,,,„...a.„-- 1,___ no/k4k___.)
Cindy L.Nelseiq Trustee
I 1
. Mark J.Nelson,Tutee
. f w
D el A.Nelso Trust
il
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this rt day of
( .1„,,,y,>a L. ,2012,by Cindy L.Nelsen as Trustee of the Edith L.Nelson Family Trust,
Grantor.
�� il"4
Notary.
JOHN A ROSS
sir'.-,,..__--- �' NOTARY PUBLIC-MINNESO1A
`-\a .s--"- `My Commission 6pIres Jan. 2015
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this „a-ek day of
* ,2012,by Mark J.Nelson as Trustee of the Edith L.Nelson Family Trust,
Grantor.
' 611)AN' 4- i?' (*1
Notary Pu is
.IA; JOHN A ROSS
W.'"'I'-'',V: NOTARY PUBLIC-MIJOR S0TA
? % My Commisaion Exphes Jan.31,2015
Page 21 of 22 r;,..,;..:
165101v2
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this arj k day of
y�y ,2012,by Daniel A.Nelson as Trustee of the Edith L.Nelson Family Trust,
Grantor.
Notary blic
A ROS
DRAFTED BY: `'�` ''` ;-7 C n �sJan.31.2016
rA
CAMPBELL KNUTSON `
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
(651)452-5000
SMM:cjh
•
Page 22 of 22
16510Iv2
t
11 II 111 1111 111 111 11 I II
Doc No T5012568
Certified,filed and/or recorded on
11/9/12 3:20 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 881320C
Doc Name:Amendment
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1358735
This cover sheet is now a permanent part of the recorded document.
f
(reserved for recording information)
FIRST AMENDMENT TO
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WILLOW HILL
PROJECT NO. 11-3534
AGREEMENT dated October 10, 2012, by and between the CITY OF ORONO, a .
Minnesota municipal corporation ("City"); and MARK J. NELSON, DANIEL A. NELSON
AND CINDY L.NELSEN, TRUSTEES FOR THE EDITH L. NELSON FAMILY TRUST
U/A 10/6/97(hereinafter collectively referred to as the"Developers").
1. DEVELOPMENT CONTRACT. The City and the Developers entered into a
Development Contract for the plat of "WILLOW HILL" dated August 27, 2012 (the
"Development Contract")and filed for record with the Hennepin County Recorder on
2012,as Document No. ,y)1\I I (the"Development Contract"). The Development
Contract shall remain in full force and effect except as specifically amended by this First
Amendment to Development Contract("First Amendment").
2. AMENDMENT OF PARAGRAPH 6. Paragraph 6 of the Development
Contract is hereby amended to read as follows:
6. CHANGES IN OFFICIAL CONTROLS. For three (3) years from the date of
166756 1
4 a
4
this Contract,no amendment to the City's Comprehensive Plan,or official controls shall apply to
or affect the use, development density, lot size, lot layout or dedications of the Land unless
required by state or federal law or agreed to in writing by the City and the Developer.
Thereafter,notwithstanding anything in this Contract to the contrary, to the full extent permitted
by state law,the City may require compliance with any amendments to the City's Comprehensive
Plan, official controls,platting or dedication requirements enacted after the date of this Contract
with respect to property which did not receive final plat approval prior to any such amendment.
3. AMENDMENT OF PARAGRAPH 12. Paragraph 12 of the Development
Contract is hereby amended to read as follows:
12. TIME OF PERFORMANCE. The Developer shall install all Improvements as
contemplated by Section 8 and the approved Plans by November 30, 2013,with the exception of
the final wear course of asphalt on streets. The final wear course on streets shall be installed
between August 15th and September 15th the first summer after the base layer of asphalt has
been in place one freeze thaw cycle. The Developer may,however,request an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the "security" to
reflect cost increases and extended completion date. Final wear course placement must have the
written approval of the City Engineer,and may be delayed or scheduled at any time of the year
based upon existing site conditions at the discretion of the City Engineer.
IN WITNESS WHEREOF,this First Amendment to Development Contract was
executed by the parties the day and year first above written.
• CITY OF ORONOJ'y
By: J�- -/ (,
Lill Tod McMillan,Mayor
166756 2
r.
(SEAL) (
By. I .
( ,„,...
Linda S.Vee,City Clerk
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN ) .
1 The foregoing instrument was acknowledged before me this g day of
Ow/Moir 1h/!/Yl Moir , 201$„ by Lili Tod McMillan and by Linda S. Vee, respectively the Mayor
and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City CoQ
uncil.
•
cIlJJ..r./l✓!./l1Jl!J-J/,.I„iyl✓.:/./Y./-.f r. 1 L� U-P-4
• h4PJAZ-4.j
453,8)'�� MONICAA.FADNESS 1 NOTARY(\ PUBLIC
, ) NOTARY PUBLIC-MINNESOTA l�
lMy Commission Expires Jan.31.2017
....-----,--_,-...,--,--..,-....‹,-----,--,--....-...,•-•,,....---..-....,...-.."-_---_.-----,s".\
DEVELOPER:
THE EDITH L. NELSON FAMILY
TRUST U/A 10/6/97
Mark J.Nelson, R.tee
D el A.Nelson,Trus e ,
Cindy L.NeNdn,Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was, acknowledged before me' this ;''"..4-4-‘—''day of
L�p,,.a ,2012,by Mark J. Nelson. (--------)
M �Y
TIPPIN A BERG Not t Pui6lic a- `"I "—
NOTARY Puouc•I NNESOTA
:IN..... My Comm,Expires ban.21.2015
166756 3
4
•
STATE OF MINNESOTA '
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 44--&.y of
,'-1 A.Nelson.
•
''•• TIPPIN A BERG: 67kt,
(��4` NOTARY PUBLIC•MINNESOTAMy Comm.Expires Jon.31.2015 Notary Pub
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 4'day of
,2012,by Cindy L.Nelsen.
" TIPPIN A BERG Notary Public
NOTARY PUBLIC•MINNESOTA
My Comm.Explros Jon.31.2015
•
•
166756 4
y`. 1
I
111 11111 11111 11
Doc No T5011542
Certified,filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V.Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name: Resolution
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1357535
This cover sheet is now a permanent part of the recorded document.
NO.
•
A RESOLUTION APPROVING THE PLAT OF
WILLOW HILL
FILE#12-3562
•
•
f=.
' R
®0
VV CITY of ORONO
iy;'` RI RESOLUTION OF 6H�CITY COUNCIL
k esso
A RESOLUTION APPROVING THE PLAT OF
WILLOW HILL
FILE#12-3562
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter"City Council") has
adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, on August 27, 2012 the City Council considered the application by
representatives of the Arthur J. Nelson Estate including Mark J. Nelson, Daniel A. Nelson, and
Cindy L. Nelson (hereinafter the"Owners")for subdivision of property located at 400 Willow Drive
South in the County of Hennepin, State of Minnesota and legally described as follows:
"EXHIBIT A" attached (hereinafter the"Property"); and
WHEREAS, .on May 14, 2012, the City Council adopted Resolution No. 6137
granting Preliminary Plat Approval for the proposed subdivision of the Property into three single
• family residential lots; and
WHEREAS, the Owners have completed or have agreed to complete all other
requirements of the platting regulations of the City including:
1. Completion of all platting requirements of Preliminary Plat Resolution No. 6137.
2. Dedication on the plat of Drainage and Utility Easements as required in Resolution No.
6137.
3. Platting of a private road outlot 50 feet in width designated on the plat as Outlot B, and
granting to the City of a Road, Drainage and utility Easement as well as establishing
covenants for maintenance of said private road.
4. Dedication of all conservation and wetland easements as required in Resolution No.6137.
5. Dedication on the plat of 33 feet of right of way for Willow Drive; and a dedication of a
Public Trail Easement over the westerly 10 feet of Lot 3.
6. Provision to the City of a title opinion for the Property and certified copies of all recorded
easements currently affecting the Property.
7. Payment of Park Dedication Fee in the amount of$11,100.00.
Page lof2
O _ V CITY of ORONO
'44 ;y , RESOLUTION OF THE CITY COUNCIL
' , NO. 6 1 6 I
` Esiio4' •
8. Payment of Storm Water and Drainage Trunk Fee in the amount of$35,539.00.
9. Execution of a development agreement and provision of securities for the required
improvements subject to City attorney approval.
NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution
No. 6137,the City Council of the City of Orono does hereby approve the three-lot plat of WILLOW
HILL, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the
following conditions:
•
1. Development within WILLOW HILL is subject to the Conclusions, Orders and Conditions
enumerated within Preliminary Plat Resolution No. 6137.
2. The approvals granted in this Resolution shall become effective only when all conditions
of approval requiring actions by the Owners have been satisfied.
3. Outlot A is not a buildable lot in and of itself, and is created for the sole purpose of sale to
• • the adjacent property owner to the immediate west as additional land to be combined with
that neighboring property.
•
4. The plat shall adhere to the Conservation Design Master Plan of the Conservation•Design
Report by Svoboda Ecological Resources dated March 23, 2012 as well as amendments
or modifications required by the City Engineer. •
• 5. The City Clerk shall release the plat documents for filing only upon certification by the City
Attorney, Planning & Zoning Coordinator and City Engineer that all requirements of the •
platting regulations have been satisfied. •
6. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder
on or before February 27, 2013 together with a certified original copy of this resolution and
executed copies of the easements and covenants pertinent thereto.
The approval granted by this Resolution shall expire if the conditions of this Resolution have not
been met.or.-the4plat has pot been filed by the date specified above. In that event, it will be
necessarytofilea,new application with the City of Orono for subdivision review.
•:.:,;;�;„• ,t "Adopted by the City Council of Orono this 27th day of August, 2012.
�tt4.•• '.. ,:•X.kTTEST ..a, .
ftj r,'�':•a'' r 'S!`1:j-w •moi :��!�./l:tl6.)' : /� n n frkf4
•"1-•.-
•jS`L'rrp ,a1:Sty.ee� #y'Cie`rk � "s Lili Tod McMillan, Mayor
't�,, ''' c�.'+'�..r .'1y.. �.?.; .v:*•,.:.;r�:.;t'^"`;•;a;. Page 2 of 2
.• ' ::�;'`� •�:::.`•';'s�.: .tri•::;,:;
VO4.4t0
,tib �`:,.�t�,d;4""rf..
ZONE FILE NO. EXHIBIT A RESOLUTION NO. 6161
That part of the following described property:
The North One-fourth of the Northwest Quarter of the Southwest Quarter of
Section 3, Township 117, Range 23, Hennepin County, Minnesota except the
South 198.00 feet of the West 279.32 feet of said North One-fourth of the
Northwest Quarter of the Southwest Quarter;
Except that part which lies easterly of the northerly extension of the west line of Lot 1,
Block 1, BILL KELLEY'S LAND THIRD DIVISION.
That part of the Southwest Quarter of the Northwest Quarter of Section 3, Township 117,
Range 23, Hennepin County, Minnesota described as follows: Beginning at the
Southwest corner of the Northwest Quarter of said Section 3; thence East along the
South line of said Northwest Quarter 881.615 feet, said point is marked at a Judicial
Landmark set pursuant to Torrens Case No. 14342; thence North, parallel with the West
line of said Northwest Quarter, 264.00 feet, said point is marked by a Judicial Landmark
set pursuant to Torrens Case No. 14342; thence West parallel with the South line of
said Northwest Quarter, 518.015 feet, said point is marked by a Judicial Landmark set
pursuant to Torrens Case No. 14342; thence Northwesterly to a point on the West line
of said Northwest Quarter distant 478.50 feet North from the point of beginning, said
point is referenced by a Judicial Landmark set pursuant to Torrens Case No. 14342 at
the intersection of said last described line and the East line of the West 33.00 feet of
said Northwest Quarter; thence South along the West line of said Northwest Quarter to
the point of beginning.
Resolution
Exhibit-13
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•
•
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono,Minnesota,certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 27,2012,with the original thereof on file
in my Office,and the same is a correct transcription thereof. T.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City:.this '`3bt day of August ,2012.
•
,rr .•••••"4144.-,;?..."-r 1
1. F,p•.
4:41404-'
{ter. id"Z•�•••'"1♦,�..'.r •1'.
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City Clerk
OV.:2re)::"471716= 1-V:1v.rC. I
; �
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.:•lam V,: .�51�"����V ♦F� v.,r,.r'.
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVIO 9
OCT 2 5 2012
BY fif bliviv ,DERRY
. w
11111111111111 1111 nil
Doc No T5011544
Certified,filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles '
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1358735
This cover sheet is now a permanent part of the recorded document.
a
(reserved for recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this 2-7 day of /"1/j Off- , 2012, by CINDY L.
NELSEN, MARK J. NELSON, AND DANIEL A. SON, TRUSTEES FOR THE
EDITH L. NELSON FAMILY TRUST, the Grantors, in favor of 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 protection of wetlands,wetland buffer areas,
steep slopes, woodlands and open spaces over, under, on and across the following land within the •
City of Orono, County of Hennepin, State of Minnesota and legally described on the attached
Exhibit"A"and shown on the survey exhibits attached hereto(the"easement premises").
The Grantors,their successors and assigns,hereby covenant and agree as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, fences, retaining walls, fireplaces,
clothes line poles, playground equipment, roads, hardcover of any kind,
underground utility lines and distribution equipment, light poles, traffic signals,
traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other
devices intended to foster wildlife; and 2) docks or boardwalks when allowed by
165556v1 1
City ordinance and under a valid City permit. Creation and maintenance of non-
hardcover walking paths may be allowed.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying
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,buckthorn and noxious weeds.
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. Free roaming of domestic animals(i.e.horses,sheep,chickens,etc.)
E. The deposit of waste,yard waste,or debris.
F. Activity detrimental to the screening of the neighboring properties.
G. Application of fertilizers,whether natural or chemical.
H. Application of chemicals for the destruction or retardation of vegetation.
1. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
J. Outside storage of any kind.
K. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. 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: I)
feeders, bird houses, and other devices intended to foster wildlife; 2) docks or
boardwalks when allowed by City ordinance and under a valid City peg nit; 3)
retaining walls when allowed by City ordinance and under a valid City permit.
• Creation and maintenance of non-hardcover walking paths may be allowed.
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 and except by special permit for maintenance
or as part of an approved vegetation management plan. Grantors may remove
brush,buckthorn,diseased or dead trees of any size,and noxious weeds.
165556v1 2
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. Free roaming of domestic animals(i.e.,horses,sheep,chickens,etc.).
E. The deposit of waste, yard waste,or debris.
F. Activity detrimental to the screening of the neighboring properties.
G. Application of fertilizers, whether natural or chemical.
H. Application of chemicals for the destruction or retardation of vegetation.
I. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
J. Outside storage of any kind.
K. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, as shown in
Exhibit A, shall be established and improved when required by City Ordinances to
become an "acceptable buffer area" as described within City Ordinances, and shall
thereafter be maintained by Grantors 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.
4. Grantors,their 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.
5. Grantors reserve for themselves and for their 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
165556v1 3
•
trails and paths; bird watching; the study of nature; and all other acts of a similar nature
or purpose.
6. 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.
7. The Grantors 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.
8. Grantors 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.
IN WITNESS WHEREOF, the Grantors hereto have executed this easement effective
as of the day and year set forth above.
GRANTORS:
Cindy L.Neel n,Trustee
YV\au-_. -- _ � �,,�•""_
Mark J.Nelson,Tlstee
D 'el A.Nels ,Tru ee
•
165556v1 4
•
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a-1" day of
,2012,by Cindy L.Nelsen as Trustee of the Edith L.Nelson Family Trust,
Grantor. '
Notary ' .lic
JOHN A ROSS
SOTA
STATE OF MINNESOTA ) NOTARssionEC-MObH.31,2
'���4.?'Lb/Commission Expires Je►1.31,2015
)
5S.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this n1 qday of
`l ,2012,by Mark J.Nelson as Trustee of the Edith L.Nelson Family Trust,
Grantor.
L
No . . JOHN A ROSS
STATE OF MINNESOTA )
'.7NOTARY PUBLIC-MINNESOTA
)SS. _:1 ''•`MyCommissia &Oresdan.31.2015
COUNTY OF HENNEPIN ) '
The foregoing instrument was acknowledged before me this .1 day of
,2012,by Daniel A.Nelson as Trustee of the Edith t.Nelson Family Trust,
Grantor.
Notary P (c)Iv.
JOHN A ROSS
r - NOTARY pultAc WN ovt
INSTRUMENT WAS DRAFTED BY: .� ,. �yConmrvssmnWiles Jan.31,2015
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: 612 452-5000
SMM/cjh
165556v1 5
EXHIBIT A
GRONBERG&ASSOCIATES,INC.
WM L�nE n,nn YOT�Ylf
Y4�1w,�1
8-16-12
WILLOW HILL •
Wetland and buffer descriptions
WETLAND DESCRIPTIONS
Those parts of Lots 1 and 2,Block 1,WILLOW HILL which lie easterly of a Ilne
drawn parallel with and 50 feet easterly of the westerly line of the drainage
easement on the east side of said Lots as dedicated to the public in said Lots;
ALSO That part of Lot 3,Block 1,WILLOW HILL which lies westerly of a line
drawn parallel with and 25 feet westerly of the easterly line of the drainage
easement as dedicated to the public In said Lot
BUFFER DESCRIPTIONS
Those parts of Lots 1 and 2,Block 1,WILLOW HILL which lie easterly of the
westerly line of the drainage easement on the east side of said Lots as dedicated
to the public In said Lots,and westerly of a line drawn parallel with and 50 feet
easterly of the westerly line of said drainage easement
ALSO That part of Lot 3,Block 1,WILLOW HILL which lies westerly of the
easterly line of the drainage easement as dedicated to the public In said Lot,and
easterly of a line drawn parallel with and 25 feet westerly of the easterly line of
said drainage easement
165556v1 6
R.T.DOC.NO.
•
WILLOW HILL
KNOW ALL PERSONS BY THESE PRESENTS:That Cindy L Nelson,Mark J.Neiton.and Daniel A.Nelson,Trustees al the I,Mark S.Oro°berg,do hereby coney that this peat was prepared by me or under my direct supervision:that I am a duty
Edith L Nelson Fane Trust,fee owners of the Id described property situated in the County al Hennepin, liceed Land Surveyor in the State of Minnesota;that this pint Is a correct represent°Uon of the boundary annoy.Nal e3
Slate of Minnesota.to wt: � ns
mathematical data and labels era correctly designated on this plat;that all monuments depicted en this plat have bean,or
will be correctly eat wilhn one year,mat at waiter boundaries and wet Wats as dented in MNnesote Stannous,SecUoo
505.01.Sribd.3 as of the date or this wNrcale ale strewn end Labeled on this plat;and et public ways are shown and
The Noah One-fourth at the Northwest Quarter of the Southwest Quarter of Section 3,Tawas,*117,Range 23,Hennepin labeled on thLs plat-
County,Minnesota erupt the South 188,00 test al Ihe1Naet 278.32 tette said North One-laurel or the Northwest Quarter
01 the Southwest Quarter; Murk S.Granberg,Licensed Lard Surveyor
Except that pan which Iles ea Hedy of the northerly extender of the west Ene of Let 1,Sleds I,Bre Kefaln Land 3 rd Minnesota License Number 12755
Division
Also STATE OF MINNESOTA)
COUNTY OF HENNEPIN)This instrument was edmoMadged before me this ray of
That portal are Southwest Quarter of the Northwest Ouaner of Seaton 3,Towod>Sp 117,Rang°23,Hennepin Caunty. 20 ,by Mark S.LLonberg,Licensed Land Surveyor.
Nominate described as falrwwa:Beg Wang at the SoulhweSI carrier 01 Lha NorthweSt Matter of said Section 3;thence
East along the South line of said Northwest Quenar 881.815 feat,said pont is marked by a Judicial Lertdmsrk set pursuant Notary Pubic. Comity,Minnesota Nanye printed name
to Torrans Casa No.14342;mance North.parallel with the West Una of said Northwest Quarter,264.00 feet,saki paint is M ce Pu00 ones res
marked by a Judelet Lentimedl sat pursuant to Tenons Case No.14342:thence Weal parallel with Ste South lire al said Y d
Northwest Matter.518.015 feel said point Is marked by a Judicial Landmark sat pendant to Tenons Case No.14342;
thence Northwesterly toe nab on the West Brie of said Northwest Quarter distant 478.50 teat Nath troth the pohl of
beglnnirrg,east paint is rola rented by a Juhdal Landmark set pursuant to Tone ns Case No.14342 at the Intersection of
said last described fine and the East Bre of the West 33.00 lost of said Northwest Quarter;thence South along the West �OP10 MINNESOTA
fns of saki Gunner to the pointof fxegltlntng.• This plat et WILLOW HILL was approved and sccepted by the City of Crone.Minnesota,ata rogtder eteetno held
Have caused the Meme to be surveyed and platted as WILLOW HILL and do hereby donate end deckete to the this day of 20 .It appecable,the wdnen comments and recommendations of the
public far public use tanner the Public Way end the drainage and td67ty and drainage easements as shown on the fiat. Crxmmtssbner of Transportation end the County Highway Engineer have bean received by the Cay or the proscribed 30 day
period has elapsed wit out receipt a1 such comments and recommendations.as prodded by Mlnneeon Statutes,Section
In wine se whereof acid Cindy L Nalsen,Marks.),Nelsen,and Daniel A.Nelson,Trustees of the Edim.L_Nelson Femty Trust, 505-03,Sub.2
have hereunto sat their hands this_day of ,20_ CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA
Mayor
SIGNED ,
Clerk
CINDY L NELSEN,Trustee
TAXPAYER SERVICES DEPARTMENT,HENNEPIN COUNTY,M NNESOTA
1 hereby caddy that taxes payable M 20_and prior years have been pate for land described on thin plat.Dated this
MARK J.NELSON,Trustee day of .20;
DANIEL A.KELSON,Ynuslee MARK V.CHAPIN,HENNEPIN COUNTY AUDITOR
By Deputy
STATE OF T SURVEY DIVISION,HENNEPIN COUNTY,MINNESOTA
COUNTY OF ). ars J.Nell rn,and Dwas A.
NewwWTndldged eetas me this day Feeley
Pursuant to MINN.STAT.Sac.3838.505(1868),this plat has been approved this day of
20 by Cindy L.Nelsen,Mark J.Nelson,and Dental Nelson,Trustees at rho Edith L.Nelson Family TruaL 20an�e�iall of the Trust WILLIAM P.BROWN,HENNEPIN COUNTY SURVEYOR
By
Notary Pubes, County, Notary's printed name
'My commission expires
REGISTRAR OF TITLES.HENNEPIN COUNTY.MINNESOTA
I hereby certify that the within plat d WILLOW HILL was tint In Ns office this day of
20__,at o'cbck W M.
RACHEL SMITH,ACTINO REGISTRAR OF TITLES
By Deputy
GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS
SHEET 1 OF 2 SHEETS
. I
L a:
r !
1111 111 111'1111 /111
Doc No T5011545
Certified, filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith, Acting Registrar of Titles
Mark V.Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1358735
This cover sheet is now a permanent part of the recorded document.
TRAIL EASEMENT
THIS INDENTURE,made this'll day of A V?� ,2012,by CINDY L.
NELSEN,MARK J.NELSON,AND DANIEL A.NEON,TRUSTEES FOR THE
EDITH L.NELSON FAMILY TRUST("Grantors"),in favor of the CITY OF ORONO,a
Minnesota municipal corporation("Grantee").
WITNESSETH, that Grantors, in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration given by Grantee, the receipt of which is acknowledged
by Grantors,do hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a
perpetual easement for public ingress,egress and access for trail purposes and uses, including the
right to construct and maintain the same, together with the right of the public for access over,
above,under and across the land located in Hennepin County,Minnesota described as follows:
An easement for trail purposes over and across the westerly 10.00 feet of
Lot 3, Block 1, Willow Hill,according to the recorded plat thereof,
(the"Easement Area");including,but not by way of limitation,a full and free right and authority
to enter upon the Easement Area to construct, install, maintain, operate and repair a gravel or
paved trail and any and all appurtenances incidental and related thereto (all of which are
hereinafter referred to collectively as the Improvements). Grantee shall have the right to make
use of the Easement Area as is reasonably necessary and advisable to the construction,
installation,maintenance,operation and repair of the Improvements.
In addition to any other remedy Grantee may have, the covenants and restrictions
contained herein may.be enforced by injunction.
Grantors covenant that they are in fee title to the Easement Area,have a lawful right and
authority to convey and grant this easement, and that the Easement Area is free from all
encumbrances except any encumbrance the holder of which has consented to this easement:
IN WITNESS WHEREOF,Grantors have executed this document on the day and year set
forth above.
GRANTORS:
Cindy L.Nelsen, rustee
•A . !►
Mark J.Nelson, :, stee
D lel A.Nelso ,Trust e
1039487v2
J t
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
0,tlI.{ S.t' , 2012,by Cindy L.Nelsen as Trustee of the Edith L.Nelson Family Trust,
Grant.
l .
:
;,....il . i/ ✓/1!./✓J
lJ�j
` r41;fQi
� MONICAA.FADNESS ti t\y'�/V"" 'V `
/ / I4✓
vJ
', pF NOTARY PUBLIC-MINNESOTA Notary Public
?,;,�
My Commission Exp reslan.31.2017(\
'•-r-: -^;-•..</:: .✓IIlJJJ./.r✓lll!!✓✓,l
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
n - The foregoing instrument was acknowledged before me this AO day of
UM,� S-4-- ,2012,by Mark J.Nelson as Trustee of the Edith L.Nelson Family Trust,
G .t,-..:„-:.1J111J-/1111f✓.11./ /!J./Y.Y✓,:i .
47 MONICAA.FARNESS ��
ti fir=; -, f\A ')--AlifttA4
tl .?,__, NOTARY PUBLIC-MINNESOTA Q�/`,_C rt, a .
\( 11y Commission Expires Jan.31,2017 Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this di day of
aIftx A - ,2012,by Daniel A.Nelson as Trustee of the Edith L.Nelson Family Trust,
G ::::'.%. .,.11JlX!lfllJ./J./!-iYIJI✓✓�
MONICAA.FARNESS r
- ) NOTARY PUBLIC-MINNESOTA �.. Q r�
lA 'MyCommissionExpiresJan.31.20171 Notary Public
I LV ti::: i'. ,,i- . :Cc-:�^:r ft. �i,41.----:.,:i\
-
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: 612 452-5000
SMM/cjh
1039487v2
II 11111 111111111
Doc No T5011546
Certified,filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County,Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1358735
•
This cover sheet is now a permanent part of the recorded document.
•
TREE PRESERVATION EASEMENT
INSTRUMENT made this l LP day of AUCTLiAt,2012,by and between
CINDY L.NELSEN,MARK J.NELSON,AND DANIEL A.NELSON,TRUSTEES FOR
THE EDITH L.NELSON FAMILY TRUST("Grantors"),and the CITY OF ORONO,a
Minnesota municipal corporation("City").
The Grantors,in consideration of good and valuable consideration paid by the City,the
receipt and sufficiency of which is hereby acknowledged,hereby grants the City a permanent
tree preservation easement over,under,and across real property in Hennepin County,Minnesota,
described as follows:
An easement for tree preservation purposes over and across the
northeasterly and northerly 20.00 feet of Lot 1,Block 1,WILLOW HILL,
according to the recorded plat thereof,as measured at a right angle to the
northeasterly and northerly lines of said Lot 1.
(the"Subject Property"). •
•
The Grantors,for themselves.their successors and assigns,agree that the following are
prohibited in perpetuity on the Subject Property:
A. Constructing,installing,or maintaining anything made by man,including but not
limited to buildings,structures,walkways,clothes line poles,and playground
equipment within the dripline of a tree,that has the potential to damage the tree.
B. Cutting or removing trees.Removing dead trees,trimming trees to maintain
health,removing diseased trees,and removing selected trees approved by the City
when required to allow sunlight to penetrate a limited areas on the property,may
be undertaken.
C. Excavation or filling when these activities may contribute to damage or loss of
protected trees.
The above named Grantors,for themselves,their successors and assigns do covenant with
165553v1 1 •
l
the City,its successors and assigns,that they are well seized in fee title of the above described
easement premises;that they have the sole right to grant and convey the easement to the City;
that there are no unrecorded interests in the easement premises;and that they will indemnify and
hold the City harmless for any breach of the foregoing covenants.
GRANTORS:
______c44.4..4.4.____________
Cindy L.Nelsen,Trustee
Mark J. elson, stee
D 'el A.Nelso 1Truste
STATE OF MINNESOTA )
)ss.
COUNTY OF H[ENNEPIN )
iThe fore:.•ing instrument was acknowledged before me this /6 day of
/7., .. ,.f' 2012,by Cindy L.Nelsen as Trustee of e Edith Nelson Family Trust,
Grant.40
ligrir'''7
?-%
start'Public .e-d—C
y-l•4 WILLIAM M.DICKEL s
STATE OF MINNESOTA ) ti t MY , PUBLIC.NOTARY , AS
)ss. }ilrr✓r�1i--,-, rrr✓i�rrrrrr
COUNTY OF HENNEPIN )
The fol _oing instrument was acknowledged before me this `day of
�,AI , 2012,by Mark J.Nelson as Trustee of dith L.Nelsoilkn Family Trust,
•..
Gran �.
.4.,..e..... 1.......r.,Atre...........1,...,- ,„
• . . Public
tt.y r WILLIAM M.DICKEL ti
:. ';,' : NOTARY PUBLIC•IMESOTA 1
...• MV Commission E,*s,an.31,2015 l�
165553v1 2
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
/ The fore toing instrument was acknowledged before me this /4day of
,2012,by Daniel A.Nelson as Trustee $ -.e Edith L.Nelson Family Trust,
G . j
Public
Jl!JllJrl//J!/!Il/ E
.JJ/lJllll'
DICKL
��Commission Ez31,2015 ti
��f�J-1...✓�fJ. rrrlJrrr✓rrJ.ri
1655530 3
•
• .�Y
` " GRANTEE:
••• :, ' CITY OF ORONO
` �.3F� :•'•;��• '•IAC. ..,t.� J ""'lC�ai"�GS.,r+
,4erlr 40.f if.
• ' By: Jt.e,
• f. k
-,' ;'44`• Lili McMillan,Mayor
•
1 .r`. • e
. .4 ,fir.. .;,, �. . By:
. ;40 •
r� ;;;;�'�f+i.7.� �-ssica Lo' ty e a"nistrator
t
'r»•
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2 7 day of
2012,by Lili McMillan and Jessica Loftus,respectively the Mayor and City
A nistrator of the City of Orono,a Minnesota municipal corporation,on behalf of the
corporation and pursuant to the authority granted by its City Council.
Y
Notary1PV_uIblic
MONICAA,FADNESS 1
NOTARY PUBLIC-MINNESOTA
ti M/Conxrossion Expires Jan.31,2017
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Associalion
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121 •
Telephone: 6I2 452-5000
SMMlcjh
165553v1 4
ti
Doc No T5011547
Certified, filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V.Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1358735
This cover sheet is now a permanent part of the recorded document.
dor
(reservedfor recording information)
DRAINAGE AND UTILITIES EASEMENT
THIS INDENTURE, made this 1,544—day of( ) i , 20 and between
Cindy L. Nelsen, Mark J. Nelson, and Daniel A. Nelson,'Trustees for the Edith L. Nelson
Family Trust hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal
corporation,hereinafter referred to as "Grantee".
WITNESS, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration given by Grantee, the receipt of which is acknowledged by
Grantor(s),do(es)hereby grant,bargain, sell and convey to Grantee,.its successors and assigns,a
perpetual easement for public ingress, egress, and access, for drainage and utilities purposes and
uses, including the right to construct and maintain the same,together with the right of the public
for access over, above, under and across the land located in the State of Minnesota, County of
Hennepin, legally described as follows: Outlot B,Willow Hill,Hennepin County,Minnesota,
including,but not by way of limitation,a full and free right and authority to enter upon said land
to construct, install,maintain,operate and repair a sanitary sewer interceptor, lift station,main or
line, a water main or line and any and all appurtenances, including drainage control structures,
incidental and related thereto, (all of which are hereinafter referred to collectively as the
"Improvements"). The Grantee shall have the right to make use of said land as is reasonably
necessary and advisable to the construction, installation,maintenance,operation and repair of the
Improvements.
In addition to any other remedy the Grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Grantor(s) covenant that they are in fee title to the above property, have a lawful right
and authority to convey and grant this easement, and that the land is free from all encumbrances
except:
Page 1 of 2
166760
•
IN WITNESS WHEREOF,the Grantor(s) have executed this document on the day and
year set forth above.
GRANTOR(S)
•
riN
Mark J.Nelson
Da el A.Nelson
Ca4 -
• Cindy L.Nelsen
•
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this k 5-today of
Ltd ,2012,by Mark J.Nelson.
Ci 64'
Notary Pu he
TIPPIN A BERG
4
NOTARY PUBLIC-MINNESOTA
t
Sly Comm.Expires Jan.37,2010
STATE OF MINNESOTA ) •
)ss.
COUNTY OF HENNEPIN ) •
The foregoing instrument was acknowledged before me this S4÷'-day of
3 1p ,2012,by Daniel A.Nelson.
eft
Notary Public
TIPPIN A BERG
1 NOTARY PUBLIC-MINNESOTA
My Comm.Expires Jan.31.20 is
Page 2 of 2
I6676D
ti
•
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
•
The foregoing instrument was acknowledged before me this 1 v— of
,2012,by Cindy L.Nelsen.
C i Ik C
NotaryPublic
TIPPIN A BERG •
1,04{1 1101ARY PUBLIC-L1111HEso?A
My Comm.Expires Jan.31.2D15
State Deed Tax Due Hereon:
This instrument was drafted by:
City of Orono
2750 Kelley Parkway
P.O.Box 66
Crystal Bay,MN 55323
(952)249-4600
Page 3 of 2
166760
>i.
11:11111111 I 1111111 10 110
Doc No T5011548
Certified, filed and/or recorded on
11/7/12 3:36 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Thies
Mark V. Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 879653C
Doc Name: Declaration
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
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1358735
•
This cover sheet is now a permanent part of the recorded document.
• a
RESTRICTIVE COVENANT FOR
PROTECTION OF SEWAGE TREATMENT SITES
THIS RESTRICTIVE COVENANT is made and entered into by CINDY L.NELSEN,
MARK J.NELSON,AND DANIEL A. NELSON,TRUSTEES FOR THE EDITH L.
NELSON FAMILY TRUST("Owners") and who do hereby expressly covenant and agree to
protect the proposed sewage treatment sites depicted on the attached Exhibit"A",located on the
real property in the City of Orono,Hennepin County,Minnesota,legally described on the
attached Exhibit"B",pursuant to the following provisions:
The City of Orono has approved three proposed future septic sites on the property in
connection with the Willow Hill subdivision. To protect these important sites from
inadvertent damage or destruction, Owners shall do the following:
1. Erect and maintain a clearly visible wooden-slatted snow fence at least three(3')feet
high during construction,to be twenty(20')feet from the boundary of the existing
septic site and the approved future primary and alternate sewage treatment sites along
all parts of the property that are potentially accessible to vehicular traffic including cars,
trucks,delivery vehicles,earth moving equipment,etc. Said fencing shall be in place
prior to any demolition,earth-moving or construction activity on the site, and shall
remain in place until completion of construction and final landscaping of the property.
Said fencing shall have affixed to it a sign stating"Septic System Area—Keep Off'.
2. After completion of construction,Owners shall maintain the future sewage treatment
sites in an undisturbed manner, and not allow any excavation,filling, structures or
vehicular traffic on the sites.
This Restrictive Covenant shall run with the land,shall be binding upon Owners, their respective
heirs,successors and assigns,and may be terminated only upon written agreement of the City of
Orono.
The undersigned Owners have read,understood and hereby agree to the terms of this resolution
and on behalf of the Owners and the Owners' heirs, successors and assigns,hereby agrees to the
recording of this covenant in the chain of title of the property.
IN WITNESS WHEREOF, Owners have hereunto set their hands this 2774iday of
AuCif.12012.
OWNERS:
atm
Cindy L.Nelsen rustee
165555v1 1
Mark J.Nelson,Tri.s ee
D iel A.Nelso , Trus e
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this al"day of
( tfy4. ,2012,by Cindy L.Nelsen as Trustee of the Edith L.Nelson Family Trust,
Grantor.
�. '
Notary ' s1ic
JOHN A ROSS
STATE OF MINNESOTA ) . rti=; �Was Jan.31,MINNESOTA
15
)ss. '..
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Th qday of
a:1/451.4,-A ,2012,by Mark J.Nelson as Trustee of the Edith L.Nelson Family Trust,
Grantor.
No , 4 i..!t
JOHN A ROSS
STATE OF MINNESOTA ) ►.-r NOTA'PUBUC-MINNESOIN
) IAyCann isslonE�IresJarr.31.2015
ss. '
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this(9J' •day of
aAktst,,$,*. ,2012,by Daniel A.Nelson as Trustee of the Edith L.Nelson Family Trust,
Grantor.
Notary P is
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON JOHN A ROSS
Professional Association wooras+'PUBUG.MINieso1*
317 Eagandale Office Center ynEesJan 31,2015-
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: 612 452-5000
SMM/cjh
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R.T.DOC.NO.
WILLOW HILL
KNOW ALL PERSONS BY THESE PRESENTS:That Cindy L.Nelsen,Mark J.Nelsen,and Daniel A.Nelson,Trustees of the I,Merle S.Gronherg,do hereby candy that this pial was prepared by ma a under my direct supervision;that 1 em a day
N 1 Edith L.Nelson Family Trust fee owners of the Idlowing described property situated in the County of Hennepin, Licensed Land Surveyor In the Stale of Minnesota:that lots phi Is a correct representation of the boundary eurvay:met all
bS' Stale of Minnesota.to wit mathematical data and labels we correctly designated on this plat;that all monuments depicted on this plat have been,or
all
wit be correctly set within one year,thatwater boundaries and wet lands as defined N U4u
Minnesota Stes,Section
505.01,Subd.S as at thin dam al this oto are Odom and labeled on this plat;and ed public ways we shown and
The North One-fourth of the Northwest Quarter 0?the Southwest Opener of Section 3,Township t 17,Range 23,Hennepin wit
on this plat.
County,Minnesota except the South 191100 feet of the West 279.32 feet of said North Onelourth of the Northwest Quarter
01 the Soullwesl Opener•,
Mark S.Oronberg,Licensed Land Surveyor
Except foal pan which Iles armory tt01
of too neM extension of the west One of Lot 1,Block 1,641 Kebys Lend 3rd Minnesota Lkonse Number 12755
Division.
Also; STATE OF MINNESOTA
COUNTY OF HENNEPIN)This Instrument was edutowledged before me this day of
That part of the Southeast Quarter of the Northwest Quarter of Section 3,Township 117,Range 23,Hennepin County, 20 ,by Mark S.Oronbarg,Licensed Lend Surveyor.
Minnesota described as follows;Beginning ot the Southwest corner of the Huthvrest Quarter of said Section 3;thence
East along the South gee of said Northwest Quarter 881.615 feel.said point is marked by a Judicial Landmark Set pursuant
to Torrens Case No.14342;thence North,pareeel with the West Ina of said Northwest Quarter,264.00 feet,said point h Notary Public, County,Minnesota Notary's primed nacre
marked by a Judicial Landmark set pursuant to Torten Case No.14342;thence West parallel with the South One of said My commission expires
Northwest Waned,516015 feet,said point Is marked by a Judicial Landmark set pursuant to Tonens Case No.14342;
thence Northwestedy to a point on the West line of saki Northwest Quarter distant 478.50 feet North horn the point of
beginning,said point is referenced by a Judicial Landmark eat pursuant to Tonene Case No.14342 Cl the Intersection of
said last described One end the East gee of the West 33.00 feel o1 saki Northwest Quarter;thence South along the West ORONO.MINNESOTA
line of said Northwest Quarter to the point of beginning.
This plat of WILLOW HILL'vvon approved end accepted by me City orOrono,Minnesota,eta regular meeting held
Have caused the sane to be eurveyed and planed es WILLOW HILL,and do hereby donate and dedicate to the this day of20_It applicable,the written comments and reemmmendatkns of the
public for public use forever the Public Way end the drainage end utility end drainage easements as shown on the ptaL Commissioner of Trenspanadon andthe County of ,
Engineer have been received by tho City or the prescribed 3D day
period hes elapsed without receipt of such comments and recommendations,as provided by Minnesota Stamps,Serakn
In witresa whereof said Cindy L Nelsen,Mark J.Nelson.and Daniel A.Nelson,Trustees of the Edithl..Nelson Flimsy Trust, 505.03.Sub.2
have hereunto at their hands this day of
CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA
SIGNED Mayor
Clerk
CINDY L NELSEN,Trustee •
•
TAXPAYER SERVICES DEPARTMENT,HENNEPIN COUNTY,MINNESOTA
MARK J.NELSON,Tnustee l hereby certify that taxes payable in 20_and prior years have been paid for tend descrbed on Mb pial Dated this
dayot 20_.
DANIEL A.NELSON.Trustee MARK V.CHAPIN,HENNEPIN COUNTY AUDITOR
By Deputy
STATE OF
COUNTY OF 1 The foregoing instrument was acknowledged before me this day of SURVEY DIVISION,HENNEPIN COUNTY.MINNESOTA
20 by Grady L Nelsen,Mark.1.Nelson,end Daniel A.Nelson,Trustees of the Eden L Nelson Family Trust Pursuant to MINN.STAT.See 3838.56511966)•this plat has been approved this_ day al
onbye half of the Gust. 20
WILL17 M P.BROWN,HENNEPIN COUNTY SURVEYOR
By
Notary Pub1le. County. Notarys printed name •
'My oonunlssbn exp i
REGISTRAR OF TITLES,HENNEPIN COUNTY,MINNESOTA
I hereby certify that the within plat at WILLOW HILL was filed In diadem Mb day of
,20et o'clock-M.
RACHEL SMITH,ACTING REGISTRAR OF TITLES •
By Deputy
GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS
4 SHEET 1 OF 2 SHEETS
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