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Home My WebLink About04-10-2013 - Easement wetland 4 a) WoIW i Pa 71zW3 . 11111110111011 Doc No A09935362 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 $7.00 Document Document Total $53.00 • This cover sheet is now a permanent part of the recorded document. .. (reserved for recording information) p GRANTOF PERMANENT FLOWAGE AND CONSERVATIONEASEMENT ASEI N 14 AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND :ITFFER WOLVERTON PLACE,LLC,a Minnesota limited liability company("Grantor"),in consideration of good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby create and grant unto the CITY OF ORONO,a municipal corporation organised and existing under the laws of the State of Minnesota,the Grantee,a permanent flowage and conservation easement for the purposes set forth in this instrument,over,under,and across the wetland and wetland buffer as described in the legal description and site plan attached hereto as Exhibit A(the"easement premises"). The Grantor,its successors and assigns,hereby covenants and agrees 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 City ordinance and under a valid City permit. 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. Grantor may remove brush, diseased or dead trees of any size, 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. 163733 1 • D. The deposit of waste,yard waste,or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides,pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. 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: 1)feeders,bird houses, and other devices intended to foster wildlife;2)docks or boardwalks when allowed by City ordinance and under a valid City permit; 3)retaining walls when allowed by City ordinance and under a valid City permit; 4) any improvements installed in accordance with landscaping or site plans approved by the City. 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. Grantor may remove brush, diseased or dead trees of any size, 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. The deposit of waste,yard waste,or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers,whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides,pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. 163733 2 I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty,vegetation, and wildlife. 3. Establishment and Maintenance of Wetland Buffer. The wetland buffer measuring 16.5 feet in width at all points surrounding the wetland and as shown on Exhibit A, shall be established and improved to become an"acceptable buffer area"as described within City Ordinances, and shall thereafter be maintained by Grantor 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. Grantor,its successors and assigns,further grants 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. Grantor reserves for itself and for its 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 trails and paths;bird watching; the study of nature; and all other acts of a similar nature or purpose. 6. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the easement premises. 7. The Grantor herein does 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, demands 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 the easement premises. Grantor's personal obligations under the grant shall terminate at such time as Grantor no longer holds fee title to the land on which the easement premises is located and such obligations shall be assigned to the next fee holder. 8. Grantor does 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. 163733 3 • IN WITNESS WHEREOF,the Grantor hereto has executed this easement this . day of ,2013. GRANTOR: WOLVERTON PLACE,LLC By: -- k AW' Its C'L'c eP Ala 4., -, .5-..--- And Its STATE OF MINNESOTA ) )ss. COUNTY OF •�-,Q ,f/t.tafta. ) n The foregoin instrument was acknowledged before me this \day of OPC:1 , 2013,by .e,d i c I„ . S 4Pt,P,4.-��c�, .�Ll and the C}f,,,',.�� A-4,411 a...4 e"," and of Wolverton Place,LLC, a Minnesota limited liability company, on behalf of the company,the Grantor. V tkg, i I ' ► , )011•A Notary Public w.m...... Iso"°,,,,,,,, Deeann L. Kingsley I- , :°`= Notary Public a =..41Minnesota VI,,;;;,„;'`My Commission Expires January 31,2016 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM:sn1 163733 4 E'. I.111:;IT A Description of Wetland and Wetland Bu i,er WETLAND: Wetland 1: 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 Lot 1,Block 1, FOXFYRE ESTA TES;thence continuing South 89 degrees 56 minutes 10 seconds West a distance of 301.45 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 of Lot 1,a distance of 60.19 feet;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 degrees 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 point of beginning and there terminating. WETLAND BUFFER: Buffer to Wetland 1: That part of Lot 1,Block 1,FOXFYRE ESTA TES, 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 Lot 1,Block 1,FOXFYRE ESTATES; thence continuing South 89 degrees 56 minutes 10 seconds West a distance of 257.26 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 of Lot 1,a distance of 351.14 feet;thence South 34 degrees 28 minutes 13 seconds West a distance of 20.95 feet;thence South 89 degrees 36 minutes 53 seconds East a distance of 76.06 feet thence North 89 degrees 01 minutes 32 seconds East a distance of 31.93 feet;thence South 79 degrees 38 minutes 04 seconds East a distance of 34.45 feet;thence South 89 degrees 50 minutes 30 seconds East a distance of 102.69 feet thence South 33 degrees 40 minutes 30 seconds East a distance of 7.86 feet thence South 15 degrees 31 minutes 57 seconds East a distance of 20.36 feet thence South 72 degrees 42 minutes 39 seconds East a distance of 41.00 feet thence North 71 degrees 06 minutes 09 seconds East a distance of 33.81 feet thence South 76 degrees 41 minutes 38 seconds East a distance of 36.40 feet;thence North 1 degrees 58 minutes 23 seconds East a distance of 59.92 feet to the point of beginning and there terminating. 163733 5 Easement Sketch MAR 20 2012 � , CRY OF°RON* Prepared for: Lori Gh erardi .,.\, - / / — Wetland 1 Buffer Area\ Wetland 1 I ,i0 / - - - - - - -\ 1 y1�� \`'Proposed Trail Easement G\ _ - - — I \ 7 —imposed Thin &iZ/tl ii ement Lot • 1 G • Tract A G,�10 "�L F 4/ Tract B o \ 1/ . /�/ . ` \ * • o� I \ • lob N. 0,P/ / 4 t'y // ,� ,:'V. glace • Job Number: 7357 SCHOBORGSCALE Book/Page: LL Survey Date: 10-14-11 O SERVICES o 50 100 200 Drawing Name: gherardi—L1—B1—FOXFYRE.dwg — Drawn by. KLB INC!!77!/ li O' 1 inch = 100 feet Revisions: 3-14-12 (removed Wetland 2) 763-972-3221 8997 Co. Rd. 13 SE www.SchoborgLand.cam Delano, MN 55328 SHEET 1 OF 2