HomeMy WebLinkAbout04-10-2013 - easement: tree stand & native grassland , f. q-6,) woIVeYbh PfrKei
111111111111111111111 Mill TraciDoc No A09935364
Certified, filed and/or recorded on
4/10/13 11:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark V. Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 954082C
Doc Name: Easement
Document Recording Fee $46.00
Non Certified Copy of $8.00
Document
Document Total $54.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
GRANT OF PERMANENT
NATIVE STAND AND GRASSLAND
PRESERVATION AN} CONSERVATION EASEMENT
WOLVERTON PLACE,LLC,a Minnesota limited liability company("Grantor"),in
consideration of good and valuable consideration,the receipt and sufficiency of which is here
acknowledged,does hereby create and grant unto the CITY OF ORONO,a municipal corporation
organized and existing under the laws of the State of Minnesota,the Grantee,a permanent tree
stand and native grassland preservation and conservation easement for the purposes set forth in
this instrument over,under, and across the premises described in the attached Exhibit"A"(the
"easement premises") and depicted on the attached Exhibit"B".
1. Except as specifically provided in paragraph 2 below,the following are prohibited in
perpetuity on the easement premises:
A. Constructing or installing buildings or anything made by man.
B. Cutting,removing,or altering trees or other vegetation, except for noxious
weeds or diseased trees, or as directed by a governmental agency.
Removing dead trees,trimming trees to maintain health, and removing
trees and branches that create a safety problem may be undertaken with
the approval of the City Forester.
C. Excavation or filling
D. Application of fertilizers,whether natural or chemical.
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E. The deposit of waste,yard waste, or debris.
F. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by the City Forester.
G. Outside storage of any kind.
H. Activity detrimental to the preservation of the scenic beauty,vegetation,
and wildlife.
2. The following are permitted on the easement premises with the approval of the City
Forester:
A. Constructing and maintaining natural walkways consisting of wood chips,
crushed limestone,or similar material; outdoor furniture such as benches,
chairs,swings;and other structures which do not require vegetation removal.
B. Habitat improvements such as bird houses and planting vegetation
indigenous to the area.
3. Grantor understands and agrees that the easement premises must be protected per the
recommendations and provisions of the Conservation Design Report and Plan prepared by Jacobson
Environmental,PLLC dated February 4,2012,which is attached hereto as Exhibit"C"—
specifically Item 4 entitled"Conservation Design Master Plan" and Item 7 entitled"Long Term
Preservation".
4. Grantor,for itself and its successors,and assigns,further grants the City the
affirmative right,but not the obligation to enter upon the subject property at any time to enforce
compliance with the terms of this instrument.
5. The City has the right,but not the obligation to enforce compliance with the terms of
this instrument.
6. The above named Grantor,for itself, its successors and assigns does covenant
with the City, its successors and assigns,that it is well seized in fee title of the above described
easement premises;that it has the sole right to grant and convey the easement to the City;that
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•
there are no unrecorded interests in the easement premises; and that it will indemnify and hold
the City harmless for any breach of the foregoing covenants.
IN WITNESS WHEREOF,the Grantor hereto has executed this easement this
day of ,2013.
GRANTOR:
WOLVERTON PLACE,LLC
By: Its C-��� /►'i��r�
By:
Its
STATE OF MINNESOTA )
- ) ss.
COUNTY OF. r.-- )
The foregoing instrument was acknowledged before me this Q141 day of
(e - r' ,2013,by F-p,.,is l.. Le -, -441- and by
the AO Col and
uG�
of Wolverton Place,LLt, a Minnesota limited liability
company, on behalf of the company,the Grantor. -
Notary Public
m
"' Deeann L. Kingsley 11
6 =4. :°= Notary Public 0
''W'' Minnesota
6 +tui Iffy Commission Expires January 31,2016
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (612)452-5000
SMM/srn •
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EXHIBIT "A"
"
Legal Descriptions of Tree Stand and
Grassland Preservation and Conservation Easement:
West Tree Stand
That part of Lot 1, Block 1,FOXFYRE ESTATES, according to the recorded plat thereof,
Hennepin County,Minnesota, described as follows:
Commencing at the northeast comer of the Southwest Quarter of Section 31,Township 118 North,
Range 23 West,Hennepin County,Minnesota;thence on an assumed bearing of South 89 degrees
56 minutes 10 seconds West,along the north line of said Southwest Quarter,a distance of 538.00.
feet to the northeast corner of said Lot 1;thence continuing South 89 degrees 56 minutes 10
seconds West,along the north line of said Lot 1,a distance of 534.90 feet;to the point of beginning
of the easement to be described;thence continuing South 89 degrees 56 minutes 10 seconds West,
along said north line,a distance of 139.04 feet to the northwest corner of said Lot 1;thence South
48 degrees 51 minutes 59 seconds West,along the northwesterly line of said Lot 1,a distance of
59.96 feet to the westerly most corner of said Lot 1;thence South 81 degrees 25 minutes 47
seconds East a distance of 43.60 feet;thence South 75 degrees 22 minutes 44 seconds East a
distance of 30.90 feet;thence South 87 degrees 55 minutes 28 seconds East a distance of 31.88
feet;thence North 88 degrees 47 minutes 15 seconds East a distance of 8428 feet;thence North 67
degrees 06 minutes 42 seconds West a distance of 5.05 feet;thence North 31 degrees 07 minutes
09 seconds East a distance of 14.00 feet;thence North 59 degrees 45 minutes 30 seconds East a
distance of 2527 feet;thence North 4 degrees 23 minutes 45 seconds West a distance of 9.31 feet;
thence North 60 degrees 33 minutes 55 seconds West a distance of 5.35 feet;thence North 83
degrees 58 minutes 12 seconds West a distance of 12.02 feet;thence North 62 degrees 14 minutes
16 seconds West a distance of 11.28 feet;thence North 13 degrees 59 minutes 31 seconds West a
distance of 8.41 feet to the point of beginning and there terminating.
East Tree Stand
That part of Lot 1,Blockl,FOXFYRE ESTA 1ES,according to the recorded plat thereof,Hennepin
County,Minnesota,described as follows:
Commencing at the northeast corner of the Southwest Quarter of Section 31,Township 118
North,Range 23 West,Hennepin County,Minnesota;thence on an assumed bearing of South 89
degrees 56 minutes 10 seconds West,along the north line of said Southwest Quarter,a distance of
538.00 feet to the northeast corner of said Lot 1,said point being the point of beginning of the
easement to be described;thence South 0 degrees 28 minutes 40 seconds West,along the east line
of said Lot 1,a distance of 1.31 feet;thence South 89 degrees 23 minutes 00 seconds West a of
• 110.23 feet;thence South 38 degrees 58 minutes 45 seconds West a distance of 9.43 feet;thence
South 6 degrees 12 minutes 34 seconds West a distance of 70.12 feet;thence South 54 degrees 28
minutes 20 seconds West a distance of 41.42 feet;thence South 41 degrees 30 minutes 36
seconds West a distance of 16.92 feet;thence North 88 degrees 20 minutes 07 seconds West a
distance of 19.25 feet;thence North 81 degrees 41 minutes 41 seconds West a distance of 88.58
feet;thence North 68 degrees 30 minutes 32 seconds West a distance of 10.72 feet;thence North
1 degree 18 minutes 55 seconds West a distance of 37.83 feet;thence North 44 degrees 16
minutes 07 seconds West a distance of 25.81 feet thence North 87 degrees 11 minutes 17
seconds West a distance of 36.55 feet;thence South 86 degrees 13 minutes 17 seconds West a
distance of 43.87 feet;thence South 89 degrees 41 minutes 23 seconds West a distance of 14.60
feet;thence North 44 degrees 39 minutes 06 seconds West a distance of 40.82 feet;thence North
80 degrees 50 minutes 53 seconds West a distance of 16.14 feet;thence North 87 degrees 51
minutes 48 seconds West a distance of 77.70 feet;thence North 39 degrees 24 minutes 15
seconds West a distance of 11.36 feet to the north line of said Lot 1;thence North 89 degrees 56
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minutes 10 seconds East,along said north line,a distance of 167.15 feet,to a point distant 361.64
feet from the northeast corner of said Lot 1;thence South 33 degrees 40 minutes 30 seconds East
a distance of 24.03 feet;thence South 15 degrees 31 minutes 57 seconds East a distance of 10.73
feet;thence South 72 degrees 42 minutes 39 seconds East a distance of 19.21 feet;thence North
71 degrees 06 minutes 09 seconds East a distance of 32.86 feet;thence South 76 degrees 41
minutes 38 seconds East a distance of 13.11 feet;thence North 1 degree 58 minutes 23 seconds
East a distance of 14.00 feet;thence North 52 degrees 11 minutes 50 seconds West a distance of
23.64 feet to the north line of said Lot 1;thence North 89 degrees 56 minutes 10 seconds East a
distance of 301.45 feet,along said north line,to the point of beginning and there terminating.
Grassland North
That part of Lot 1, Block 1, FOXFYRE ESTATES, according to the recorded plat thereof,
Hennepin County,Minnesota, described as follows:
Commencing at the northeast corner of the Southwest Quarter of Section 31,Township 118 North,
Range 23 West,Hennepin County,Minnesota;thence on an assumed bearing of South 89 degrees
56 minutes 10 seconds West,along the north line of said Southwest Quarter,a distance of 538.00
feet to the northeast corner of said Lot 1;thence South 0 degrees 28 minutes 40 seconds West,
along the east line of said Lot 1,a distance of 1.31 feet to the point of beginning of the easement to
be described;thence South 89 degrees 23 minutes 00 seconds West a distance of 110.23 feet;
thence South 38 degrees 58 minutes 45 seconds West a distance of 9.43 feet;thence South 6
degrees 12 minutes 34 seconds West a distance of 70.12 feet;thence South 87 degrees 15 minutes
27 seconds East a distance of 123.18 feet to said east line;thence North 0 degrees 28 minutes 40
seconds East,along said east line,a distance of 84.12 feet to the point of beginning and there
terminating.
Grassland South
That part of Lot 1, Block 1,FOXFYRE ESTATES, according to the recorded plat thereof,
Hennepin County,Minnesota, described as follows:
Commencing at the northeast corner of the Southwest Quarter of Section 31,Township 118 North,
Range 23 West,Hennepin County,Minnesota;thence on an assumed bearing of South 89 degrees
56 minutes 10 seconds West,along the north line of said Southwest Quarter,a distance of 538.00
feet to the northeast corner of said Lot 1;thence South 0 degrees 28 minutes 40 seconds West,
along the east line of said Lot 1,a distance of 331.61 feet to the point of beginning of the easement
to be described;thence continuing South 0 degrees 28 minutes 40 seconds West,along the east
line of said Lot 1,a distance of 384.78 feet to the southeast corner of said Lot 1;thence North 87
degrees 10 minutes 43 seconds West a distance of 38.34 feet;thence North 75 degrees 42 minutes
04 seconds West a distance of 24.59 feet;thence North 88 degrees 17 minutes 21 seconds West a
distance of 60.69 feet;thence South 83 degrees 31 minutes 59 seconds West a distance of 27.88
feet;thence North 83 degrees 08 minutes 28 seconds West a distance of 44.32 feet;thence South
89 degrees 28 minutes 29 seconds West a distance of 28.73 feet;thence South 83 degrees 52
minutes 19 seconds West a distance of 27.63 feet;thence North 80 degrees 08 minutes 20 seconds
West a distance of 17.58 feet;thence North 87 degrees 16 minutes 01 seconds West a distance of
24.36 feet;thence North 70 degrees 43 minutes 22 seconds West a distance of 23.70 feet;thence
North 57 degrees 19 minutes 22 seconds West a distance of 41.62 feet;thence North 57 degrees 37
minutes 34 seconds West a distance of 81.62 feet;thence North 60 degrees 23 minutes 18 seconds
West a distance of 37.18 feet;thence North 65 degrees 39 minutes 56 seconds West a distance of
29.36 feet;thence North 42 degrees 50 minutes 12 seconds West a distance of 53.22 feet;thence
North 51 degrees 37 minutes 03 seconds West a distance of 23.76 feet;thence North 56 degrees 45
minutes 10 seconds West a distance of 18.35 feet thence North 40 degrees 12 minutes 01 seconds
West a distance of 35.47 feet;thence North 16 degrees 53 minutes 28 seconds West a distance of
27.89 feet;thence North 24 degrees 19 minutes 47 seconds West a distance of 23.80 feet;thence
North 44 degrees 00 minutes 37 seconds West a distance of 29.66 feet;thence North 65 degrees 36
minutes 02 seconds West a distance of 29.54 feet;thence North 49 degrees 39 minutes 20 seconds
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West a distance of 26.90 feet;thence North 77 degrees 31 minutes 08 seconds West a distance of
8.11 feet;thence North 10 degrees 14 minutes 46 seconds West a distance of 12.80 feet;thence
North 26 degrees 49 minutes 56 seconds West a distance of 13.60 feet;thence North 17 degrees 30
minutes 53 seconds West a distance of 14.42 feet;thence North 1 degree 04 minutes 00 seconds
East a distance of 18.61 feet;thence North 3 degrees 34 minutes 45 seconds East a distance of
16.46 feet;thence North 6 degrees 43 minutes 08 seconds East a distance of 48.83 feet;thence
North 12 degrees 54 minutes 51 seconds East a distance of 17.12 feet;thence North 7 degrees 05
minutes 38 seconds East a distance of 27.30 feet;thence North 1 degree 50 minutes 44 seconds
West a distance of 42.68 feet;thence North 13 degrees 24 minutes 44 seconds West a distance of
17.01 feet;thence North 17 degrees 23 minutes 24 seconds West a distance of 28.44 feet;thence
North 63 degrees 23 minutes 18 seconds East a distance of 21.84 feet;thence South 22 degrees 17
minutes 05 seconds East a distance of 75.03 feet;thence South 0 degrees 18 minutes 37 seconds
East a distance of 57.38 feet;thence South 25 degrees 55 minutes 33 seconds East a distance of
98.83 feet;thence South 34 degrees 41 minutes 26 seconds East a distance of 28.10 feet;thence
North 89 degrees 41 minutes 23 seconds East a distance of 13.43 feet;thence North 41 degrees 19
minutes 24 seconds East a distance of 14.70 feet;thence North 58 degrees 43 minutes 33 seconds
East a distance of 28.47 feet;thence North 40 degrees 36 minutes 15 seconds East a distance of
24.23 feet;thence South 74 degrees 03 minutes 00 seconds East a distance of 61.04 feet;thence
North 89 degrees 41 minutes 23 seconds East a distance of 17.09 feet;thence North 39 degrees 18
minutes 01 seconds East a distance of 45.95 feet;thence North 48 degrees 30 minutes 14 seconds
East a distance of 25.95 feet;thence South 79 degrees 25 minutes 29 seconds East a distance of
64.64 feet;thence South 40 degrees 46 minutes 21 seconds East a distance of 54.55 feet;thence
South 24 degrees 00 minutes 47 seconds East a distance of 54.66 feet;thence South 49 degrees 07
minutes 28 seconds East a distance of 38.93 feet;thence South 63 degrees 44 minutes 43 seconds
East a distance of 40.95 feet;thence South 75 degrees 41 minutes 22 seconds East a distance of
29.02 feet;thence North 85 degrees 36 minutes 15 seconds East a distance of 3427 feet;thence
North 48 degrees 15 minutes 58 seconds East a distance of 55.35 feet;thence North 34 degrees 23
minutes 05 seconds East a distance of 38.60 feet;thence North 27 degrees 45 minutes 44 seconds
East a distance of 20.75 feet;thence North 4 degrees 53 minutes 03 seconds East a distance of
13.48 feet;thence North 69 degrees 42 minutes 24 seconds East a distance of 65.38 feet to the
point of beginning and there terminating.
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1
• Easement Sketch
Prepared for: Lori Gh erardi
a:
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Place
Job Number: 7357
SCHOBORGBaak/Page: LL
SCALE Survey Date: f0-14-11
LA D SERVICES o so 100 200 Drawing Name: gherardl—L1—B1—FOXFYRE.dwg
INC. rawn by. KLB
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1 inch = 100 feet Revisions: •
763-972-3221 8997 Ca Rd. 13 SE
www.SchoborgLand cam Delano,MN 55328 'SHEET 2 OF 2