HomeMy WebLinkAboutJuly 27, 2020 Grant of Perm. Flowage & conserv. easement and restrict. covenant GRANT OF PERMANENT FLOWAGE AND
CONSERVATION EASEMENT AND RESTRICTIVE COVENANT
This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant
(this "Agreement") is made this 21 day of ^U\ , 2020 by Daniel William Munsell and
Kelly Rae Beyer Munsell, husband and wife ( ely referred to herein as "Grantor"), in
favor of the City of Orono, a Minnesota municipal corporation (the "City") and is based on the
following facts:
A. Grantor has represented to the City that Grantor is the owner of fee title to real property
legally described as Lot 1, Block 2, MOONEY LAKE PRESERVE, Hennepin County,
Minnesota(the"Property").
B. The City has required, as a condition to construction of any buildings on the Property, the
creation of two rain gardens on the Property and the execution and delivery of this
Agreement.
NOW, THEREFORE, in consideration of the facts stated above and for other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor,
Grantor hereby creates and grants unto the City a permanent easement for wetland flowage and
conservation purposes over, under, on and across that part of the Property legally described on
Exhibit "A," attached hereto and made a part hereof by this reference (the "Easement Area") on
the terms and subject to the conditions set forth below.
Grantor, on behalf of Grantor and Grantor's successors in title to the Property, hereby
covenants and agrees as follows:
1. Title. Grantor hereby represents and warrants to the City that Grantor is the owner of fee
title to the Property, free and clear of all liens and encumbrances except any liens or
encumbrances the holders of which have joined in and consented to this Agreement.
1
210644v1
p
2. Creation and Maintenance of Rain Gardens. Grantor has created within the Easement Area
two rain gardens for stormwater detention and drainage purposes in accordance with the:
(i)plans therefor approved by the City's Engineer; (ii) the plans and terms of the Mooney
Lake Development Contract dated October 30, 2015 and recorded with the Office of the
Registrar of Titles of Hennepin County, Minnesota, as Document No. T5301970; and(iii)
in accordance with the survey attached hereto as Exhibit"B"(collectively, "Approvals and
Plans"). Hereafter, Grantor shall maintain the rain gardens in perpetuity in accordance
with the Approvals and Plans, free from mowing or other vegetative disturbance.
Specifically, Grantor shall not construct or install within the Easement Area any building,
structure,walkway,fence,retaining wall,fireplace,pole,playground equipment,road,hard
cover, underground utility lines, or utility distribution equipment, except feeders,
birdhouses and other devices intended to foster wildlife, retaining walls when allowed by
City ordinance and under a valid permit issued by the City, and non-hard cover walking
paths when approved in writing by the City. After creation of the rain gardens no cutting,
mowing or removing of shrubs or other vegetation,cutting,destroying or removing of trees
greater than four inches in diameter except for disease control by or as directed by a
governmental agency or by special permit for maintenance as part of an approved
vegetation management plan and to maintain, repair and reconstruct the rain gardens, shall
be permitted. The foregoing shall not prohibit the removal of brush,diseased or dead trees
of any size, and buckthorn and noxious weeds, from the Easement Area. After creation of
the rain gardens,no excavation or filling or material alteration of the grade of the Easement
Area, including changes to the size, depth or contour of the Easement Area, dredging,
mining or removal of earth, loam, peat, gravel, soil or any other natural material, shall be
permitted. Grantor shall not permit the free roaming of domestic animals in the Easement
Area or the deposit of waste, yard waste or debris therein. Grantor shall not apply in the
Easement Area any fertilizers, whether natural or chemical, chemicals for the destruction
or retardation of vegetation, herbicides,pesticides or insecticides, except for noxious weed
control by or as directed by a governmental agency. No outside storage of any kind shall
be permitted in the Easement Area.
3. Rights of the City. Grantor, for itself and its successors in title to the Property, hereby
grants to the City the affirmative right, but not the obligation, in order to effectuate the
purposes of this Agreement, to preserve, improve and enhance the slope, trees, vegetation
and natural habitat of the Easement Area by altering, clearing and removing trees or other
vegetation, changing the contour of the land, and planting trees and other vegetation, and
to enter upon the Property and Easement Area at any time to enforce compliance with the
terms of this Agreement, all upon reasonable prior notice to Grantor.
4. Grant of Flowage Easement. Grantor hereby grants, gifts, quitclaims 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 Area.
5. Release. Grantor, for itself and its successors in title to the Property, hereby remises,
releases, acquits and forever discharges 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
2
210644v1
p
nature whatsoever which may arise or accrue by virtue of any flowage or trespass with
water over and upon any or all of the Easement Area as permitted by this Agreement.
6. No Public Interest. Nothing contained in this Agreement shall be construed as creating any
rights in the general public or as dedicating for public use any portion of the Easement
Area, except as expressly described in this Agreement.
7. Obligations of Grantor. The obligation of Grantor shall bind only the owner of the Property
from time to time during its period of ownership of the Property, and, upon the transfer of
its interest in the Property, the original Grantor shall have no further liability or obligation
hereunder, such liability or obligation being thereafter borne solely by the owner of the
Property from time to time.
8. Amendment. This Agreement may be amended only by an instrument duly executed by
the City and the owner of the Property.
9. City Engineer Approval. By executing this Agreement in the space provided below, the
City Engineer of the City evidences that this Agreement, and the plans for the rain gardens
on the Property submitted in connection with this Agreement, satisfy the requirements of
the City.
IN WITNESS WHEREOF, Grantor has executed this Agreement effective as of the day
and year first written above.
[Remainder of page intentionally left blank.
Signature page follows.]
3
210644v1
G' • ' OR:
A"""A-J(
Da — illiam Munsell "
/( --(-- '
K---1)T ae Beyer unsell
STATE OF MINNESOTA )
) ss.
COUNTY OF keu, ;-\ )
The foregoing instrument was acknowledged +efore me this (914 day of „31A.A ,
2020, by Daniel William Munsell and Kelly Rae :e ' :r Mun 11, husband and wife, Grantbr.
Not. y '.11is
'' ' ; NA
,..::,
�: ::; GIr4NYPl.3LICMARIE MINNESOTABAINEY
MY COMMISSION EXPIRES 01/31/25
Reviewed and Approved By:
City Engineer, City of Orono
DRAFTED BY:
CITY OF ORONO
P.O. Box 66
Crystal, MN 55323
952.249.4600
4
210644v1
EXHIBIT "A"
EASEMENT AREA LEGAL DESCRIPTIONS IN LOT 1, BLOCK 2,
MOONEY LAKE PRESERVE, HENNEPIN COUNTY,MINNESOTA
WEST RAIN GARDEN
A permanent easement for wetland flowage, conservation and rain garden purposes over, under
and across that part of Lot 1, Block 2, Mooney Lake Preserve, described as follows:
Commencing at the intersection of the south line of the north 10.00 feet of said Lot 1 with the
east line of the west 10.00 feet of said Lot 1; thence North 89 degrees 37 minutes 05 seconds
East along said south line of the north 10.00 feet a distance of 4.00 feet to the point of beginning
of the easement being described; thence continuing North 89 degrees 37 minutes 05 seconds East
a distance of 80.00 feet; thence South 0 degrees 22 minutes 55 seconds East a distance of 40.00
feet; thence South 51 degrees West a distance of 31.00 feet; thence North 68 degrees West a
distance of 45.00 feet; thence North 0 degrees 22 minutes 55 seconds West a distance of 25.00
feet; thence northwesterly to the point of beginning.
EAST RAIN GARDEN
A permanent easement for wetland flowage, conservation and rain garden purposes over, under
and across that part of Lot 1, Block 2, Mooney Lake Preserve, described as follows: Beginning at
the intersection of the west line of the east 5.00 feet of said Lot 1 with the northwesterly line of
the drainage and utility easement shown on the plat having a bearing of South 55 degrees West
and a distance of 56.04 feet; thence South 55 degrees West along said northwesterly line a
distance of 19.00 feet; thence North 35 degrees West a distance of 20.00 feet; thence North 76
degrees West a distance of 35.00 feet;thence North 33 degrees 30 minutes West a distance of
30.00 feet; thence North 9 degrees East a distance of 33.00 feet; thence North 44 degrees East a
distance of 39.00 feet; thence North 77 degrees East a distance of 18.00 feet; thence South 28
degrees East a distance of 12.00 feet; thence South 12 degrees 30 minutes West a distance of
40.00 feet; thence South 18 degrees 30 minutes East a distance of 19.00 feet; thence
southeasterly to the point of beginning.
5
210644v1
EXHIBIT "B"/SURVEY
0
< w W 2o'
.-- I0
'` u „ i
� �- -— t0 N
c____-
I
`-....
£4.0£Z M „LS .t£o00 S `
/
6i "�oh.�,rte `9cr.. ttr - �� ---
s sr, .3;{gt___
C!) y '•• i
O 6 0!LN
ala
4 P g
aHawo
Z W3 l.,
p >- o in l 1 if o
(n r.,� 0Z t f ~, fI N
Q - / in
W ,,..4N V �, 1 t.� ,'
,5 `�: r 3
Z
� 444� 0 o
i
Q Z r7 j n
c, Amii 0 r ,/
a V .P z OW
CO jds j'r Vt
who I t' ' '.
z r
ji i
f + N
j f if
i
ay-
14
Qs9.ZZ•00 sit �t.
.t"oo.o,... 'b S
al z 3i\y I '
I
—� �n g 47 mssII
.zzoo a _ -
___ f - o
r
£0'0£Z 3 ,.L9 ,l£a00 N
e
4
3A1?G ef31Nf1H
6
210644v1