HomeMy WebLinkAboutDoc # 9202465 .505 wil" pr.
Doc No 9202465 11/05/2008 03:27 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 453516 Deputy55
i Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
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M 111D PRIOR TAXES PAID
TAXPAYER SERVICES
TRANSFER ENTERED
NOV 0 5 2808
(resenwd4trscordi iafornm im)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this day of t- 20p ,by and between
WILLIAM G.ROBINSON,a single person,the Grantor,and the CITY OF ORONO,a
i Minnesota municipal corporation("City").
WITNESSETH:
The Grantor,in consideration of good and valuable consideration paid by the City,the
receipt and sufficiency of which is hereby acknowledged,hereby creates and grants unto the City 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 on behalf of himself,his heirs,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.
Title Recording Services,Inc. 565573
79 Western Ave N
St Paul.MN 55102 m085399
141901 HENNEPIN A MINN IETONKA WALK
MajesticSptuce Addition EASE AGR
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 brash,
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.
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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.
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1. 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: l)
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.
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,buckthorn,
diseased or dead trees of any size,and noxious weeds.
C. Excavation or filling or material alteration of grade,including changes to the size,
i 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.
141901 2
Mgiestic Spruce Addition
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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.
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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 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 for himself,his heirs,successors and assigns,further grants the City the affimmative
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
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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~
j 5. Grantor reserves for himself and for his heirs,successors and assigns and his invitees,the
i 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 r
or purpose.
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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. 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,demand or
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141901 3
Mtgatic Spruce Addition
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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.
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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.
IN WITNESS WHEREOF,the undersigned party hereto has set his hands effective as
of the day and year set forth above.
GRANTOR:
i liam G. Robinson
STATE OF MINNESOTA )
)ss.
i COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 8 day of
6 c;f Y ,20�,by William G.Robinson,a single person, Grantor.
ROMANIA-
` Notary blic
CHRISTINE m.iMATTSM
1WAr K6W4d u WTA
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INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
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141901 4
Majestic Spmoc Addition
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EXHIBIT A
Wetland Buffer Description
That part of Lots I and 2, Block 1,MAJESTIC SPRUCE ADDITION,according to the recorded
plat thereof, Hennepin County, Minnesota, lying within 25 feet and to the left of the following
described line:
Commencing at the southeast comer of said Lot 2; thence on an assumed bearing of North
88 degrees 55 minutes 21 seconds West, along the south line of said Lot 2, a distance of `
290.21 feet; thence South 1 degree 32 minutes 50 seconds East a distance of 52.66 feet;
thence South 68 degrees 32 minutes 16 seconds West a distance of 97.00 feet to the west
line of said Lot 1 and the point of beginning of the line to be described; thence North 68 +
degrees 32 minutes 16 seconds East a distance of 97.00 feet; thence North 1 degree 32
minutes 50 seconds West a distance of 117.00 feet;thence North 28 degrees 50 minutes 22
seconds West a distance of 54.89 feet; thence North 67 degrees 53 minutes 49 seconds
West a distance of 66.58 feet to the west line of said Lot 2 and said line there terminating.
AND
That part of said Lot 2, lying within 35 feet and to the right of the following described line:
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Commencing at the southeast corner of said Lot 2; thence North 0 degrees 15 minutes 59
seconds West, along the east line of said Lot 2, a distance of 522.13 feet to the point of
beginning of the line to be described;thence South 79 degrees 28 minutes 53 seconds West
a distance of 72.54 feet;thence North 87 degrees 18 minutes 42 seconds West a distance of
290.73 feet; thence South 7 degrees 58 minutes 7 seconds East a distance of 55.15 feet;
thence South 5 degrees 54 minutes 37 seconds West a distance of 69.72 feet; thence South
0 degrees 0 minutes 18 seconds West a distance of 58.52 feet; thence South 23 degrees 36
minutes I second West to the west line of said Lot 2 and said line there terminating.
The side lines of said easement are prolonged or shortened to terminate on the side lines of said
Lots 1 and 2.
NOTE:
The easement description is valid only after the recording of MAJESTIC SPRUCE ADDITION.
Wetland Description
That part of Lots 1 and 2, Block 1, MAJESTIC SPRUCE ADDITION, according to the recorded
plat thereof; Hennepin County, Minnesota, lying westerly of a Iine 25 feet left of and parallel to
the following described line:
141901 5
Majestic Spn=Addition
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Commencing at the southeast corner of said Lot 2; thence on an assumed bearing of South 88
degrees 55 minutes 21 seconds West,along the south line of said Lot 2,a distance of 290.21 feet;
thence South 1 degree 32 minutes 50 seconds East a distance of 52.66 feet; thence South 68
degrees 32 minutes 16 seconds West a distance of 97.00 feet to the west line of said Lot i and
the point of beginning of the.line to be described; thence North 68 Degrees 32 minutes 16
seconds East a distance of 97.00 feet; thence North 1 degree 32 minutes 50 seconds West a
distance of 117.00 feet; thence North 28 degrees 50 minutes 22 seconds West a distance of 54.89
feet;thence North 67 degrees 53 minutes 49 seconds West to the west line of said Lot 2 and said
line there terminating.
AND
That part of said Lot 2 lying 35 feet north of and parallel to the following described line:
Commencing at the southeast corner of said Lot 2; thence North 0 degrees 15 minutes 59
seconds West, along the east line of said Lot 2, a distance of 522.13 feet to the point of
beginning of the line to be described; thence South 79 degrees 28 minutes 53 seconds West
a distance of 72.54 feet;thence North 87 degrees 18 minutes 42 seconds West a distance of
308.41 feet to the west line of said Lot 2 and said line there terminating.
NOTE:
The easement description is valid only after the recording of MAJESTIC SPRUCE ADDITION.
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141901 G
Majestic Spuvec Addition
I0/31/2008 14:36 FAX 9524732088 1<INIMIaNKA .TITLE
008/009
MORTGAGE HOLDER
CONSENT TO GRANT OF EASEMENT
(Wetland and Wetland Buffer)
Fist Commercial Bank,a Minnesota corporation,which holds mortgages on all or part
of the property more particularly described in the foregoing Grant of Easement,which mortgages
are described as follows:
1. Mortgage dated February 15,2005 and filed for record in the office of the Hennepin
County Recorder on March 30,2005,as document number 8553401;
2. Mortgage dated September 13,2005 and filed for record in the office of the Hennepin
County Recorder on October 17,2005,as document number 8674793;
3. Mortgage dated November 13,2006 and filed for record in the office of the Hennepin
County Recorder on November 17,2006,as document number 8803629;
4. Mortgage dated December 28,2006 and filed for record in the office of the Hennepin
County Recorder on January 4,2007,as document number 8916643;
for good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,does hereby join in,consents,and is subject to the foregoing Declaration.
FIRST COMMERCIAL BANK,
A Minnesota Corporation
By:
Its President d CEO
STATE OF MINNESOTA }
}ss.
COUNTY OF HENNEPIN )
The foregoingtrument was acknowledgcd before me this 31 day of
01-1'-4 kr ,20ff,by 6e.d rte ce--- .the President and CEO of
1 First Commercial Bank,a Minnesota corporation,on behalf of the corporation.
JEREMY D HOESE N Public
QVWTARYRJ&Z-1AWWA
WC0WSS10NEMRES1/31/M3
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INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Profesrloest Assoelatton
317 F.agandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121 i
Telephone: (651)4S2-5000 i
141901 8
Me9es6c Spruce Addition
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