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Home My WebLink About06-26-2020 Grant of Permanent Flowage and Conversation Easement and Restrictive Covenant for Wetlands III 11111 III I ll III 1 1 11 11 LAND TYPE Torrens (T) DOC NUM 5753384 Certified, filed and/or recorded on Oct 2, 2020 10:43 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 2077121E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1409632 This cover sheet is now a permanent part of the recorded document. (reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands(the "Agreement")made this Z.&1 day of J u,,JC ,2020,by SOURCE LAND DEVELOPMENT, INC., a South Dakota corporation ("Grantor"), in favor of the CITY OF ORONO,a 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 easement for wetland flowage and conservation purposes over,under,on and across the land within the City of Orono, County of Hennepin, State of Minnesota, which is legally described on Exhibit"A" and depicted on Exhibit"B"attached hereto (the"Easement Premises"),all as set forth in this Agreement. The Grantor is the owner of the Easement Premises. The Easement Premises is part of a residential community within the City of Orono, Minnesota,known as"Lakeview"(the"Community"). The Community is comprised of real property within the plat of LAKEVIEW OF ORONO,Hennepin County,Minnesota(the"Plat"). The Grantor is the owner of the Easement Premises. The Community consists of single family residential home lots(individually"Lot"and collectively the"Lots"),and related common elements,all being subject to the Declaration of Covenants, Conditions, and Restrictions of Lakeview. The Declaration of Covenants,Conditions,and Restrictions of Lakeview was recorded on August 25,2015 in the office of the Hennepin County Registrar of Titles as Document No. T05284390 (the"Declaration"). The Community is administered and operated by the Lakeview Owners Association,a Minnesota nonprofit corporation(the"Association"). On August 25,2015,a Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands 1 Lot 21,Block 1,Lakeview of Orono 210388v1 was recorded as Hennepin County Document No. T05284392. The City intends to vacate the easement granted by Document No. T05284392 and the purposes of this Agreement is to replace Document No.T05284392. The Grantor, its successors and assigns,hereby covenants and agrees as follows: 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City or otherwise noted in this Agreement or set forth in the Declaration: A. Constructing, installing, or maintaining anything, including 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; 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; and 4) a private sewage treatment system(otherwise known as a septic system) serving this Lot(including,without limitation, a holding tank, a drain field, meters, a lift station, piping pumps, and all other relates apparatus and related improvements (collectively, the"Sewage Treatment System")). 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 and except by special permit for maintenance; as a part of an approved vegetation management plan; and,to maintain,repair and reconstruct any stormwater ponds and facilities within the Easement Premises. Grantor 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. I. The application of herbicides,pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. 2 Lot 21,Block I,Lakeview of Orono 210388v1 J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. In addition to the provisions in said subsections A through K above, and to the extent not in conflict with those provisions, no alteration, change, modification, installation, or construction, of any type or nature,whether temporary or permanent, structural, aesthetic, or otherwise (collectively referred to in this Agreement as the"Alterations"), shall occur on or within the Easement Premises unless and until the Alterations are approved by the Association(or an architectural committee established by the Association)pursuant to the terms of the Declaration; provided that any portion of a Sewage Treatment System within a Lot shall be maintained,repaired, and replaced by the owner(s) of the Lot as set forth in the Declaration(and each such owner has the right to perform such maintenance, repair and replacement(as well as does the Association in the event such maintenance,repair, and replacement is not properly performed by such owner(s)). 2. Prohibition of Sewage Treatment System in Wetland Area. No Sewage Treatment System shall be located within the wetland area depicted on Exhibit B. 3. Rights of the City. Grantor,its successors and assigns,further grants to 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 Agreement. 4. Reservation of Rights of Grantor. Grantor reserves for itself and for its successors, assigns and invitees, and for the Association and for the owners and occupants of the Lots (and their families,visitors, and 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. In addition to the provisions of this Section 3, or any other provision in this Agreement, and if not in conflict with any such provision(s),no actions or activities by any person on or within the Easement Premises shall violate the provisions of the Declaration or the Association's Bylaws, Articles of Incorporation, or Rules and Regulations (all as may be amended,modified or supplemented from time to time). 3 Lot 21,Block 1,Lakeview of Orono 210388v1 5. Grant of Flowage Easement. 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,but not to the detriment of the Lots,the Common Elements, the Association, or the owners or occupants of the Lots. 6. Release. Grantor hereby remises, releases, acquits and forever discharges, 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 over and upon any or all of the Easement Premises within the terms of this Agreement. 7. No Public Interest. Nothing contained herein or the dedication in the Plat shall be construed as creating any use rights in the general public or as dedicating for public use any portion of the Easement Premises, except as expressly described in this Agreement. 8. Amendment. This Agreement may be amended, modified, or terminated in part or in whole by written consent of the City, or its respective successors and assigns in interest to the Easement Premises. 9. Representations. Grantor hereby represents to the City that,to the best knowledge of Grantor, Grantor is not aware of any mortgage or ownership interest in the Easement Premises other than the mortgages set forth in the Mortgage Holder Consent(s) attached hereto and Grantor's interest in the Easement Premises. [Remainder of page intentionally left blank. Signature page follows.) 4 Lot 21,Block 1,Lakeview of Orono 210388v1 IN WITNESS WHEREOF,the Grantor hereto has executed this easement effective as of the day and year set forth above. GRANTOR: SOURCE LAND DEVELOPMENT,INC. A South Dakota poration By fAfrictz----/-hitte2—, [print name] Its f- [title] STATE OF //_,_ )ss. COUNTY OF 1n-,Di/i ) 1 The foregoing instru ent was ackn,9wledged before me this �_ day of /71 <J -L ,2020,by /C/ / biker the Ch7-0 of Source Land Development,Inc., a South Dakota Co 'oration, on behalf of said entity. 4/6/1„...1 r,,,, AMY JEAN WILLIAMS NOTARY PUBLIC Notary Public • ' ' ;' ; STATE Off MINNESOTA )�� : My Commission Expires January 31.2023 DRAFTED BY: CAMPBELL KNUTSON,P.A. Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,MN 55121 Telephone: (651)452-5000 SMM 5 Lot 21,Block 1,Lakeview of Orono 210388v1 • EXHIBIT "A" TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS A permanent easement for wetland, flowage and conservation purposes over,under and across that part of Lot 21, Block 1,Lakeview of Orono, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly and easterly of the following described line: Commencing at the northwest corner of said Lot 21; thence on an assumed bearing of South 18 degrees 16 minutes 45 seconds West along the west line of said Lot 21 a distance of 379.90 feet to the point of beginning of said line;thence South 89 degrees 19 minutes 05 seconds East a distance of 149.05 feet;thence North 02 degrees 30 minutes 20 seconds East a distance of 58.27 feet; thence South 86 degrees 34 minutes 54 seconds East a distance of 51.21 feet; thence North 22 degrees 29 minutes 44 seconds East a distance of 248.99 feet the northeasterly line of said Lot 21 and said line there terminating. (Easement area: 36,572 sq. ft.) 6 Lot 21,Block 1,Lakeview of Orono 210388v1 EXHIBIT "B" /r PNO r—NW CORNER OF LOT 21 1 y(�,o `''/ q� \ NFR<Y i' / �9°f I \ \ 414,41 F Ltd / 9�0 \ SOT k G -,/,. ,._i V 20 / • \ � \ - 111-A�A / 'i\S6J• / JJ. f/OJ / 44 / o° C ^I / / �/ �` r- / C- I / r- •" / N fr ' Cs 14/ Pi N ,o /l 21 Yy !. \ __\op , • /1l Q I. BLOCK 1 //a`' 4Ic.,I. 1 ✓//, / / W OUTLOT B / s66•34'54'E / 51.21 / w I r/ ..;/ . / 0 pN 4`' ? M N Y / V� 1/ 589°19'05"E 149.05 Z ''.. CONSERVATION EASEMENT DESCRIPTION /" — �� A conservation easement over,under and across that •. ..4-a • part of Lot 21,Block 1,LAKEVIEW OF ORONO, according to the recorded plat thereof,Hennepin County,Minnesota,lying southerly and easterly of the following described line: I // Commencing at the northwest corner of said Lot 21; thence on an assumed bearing of South 18 degrees 16 minutes 45 seconds West along the west line of said 1 1 Lot 21 a distance of 379.90 feet to the point of _ _____ J L ____ _ beginning of said line;thence South 89 degrees 19 minutes 05 seconds East a distance of 149.05 feet; """UvO"f"R D'RATMIo°�" thence North 02 degrees 30 minutes 20 seconds East a L NLSDN•"DWl distance of 58,27 feet;thence South 86 degrees 34 minutes 54 seconds East a distance of 51.21 feet; thence North 22 degrees 29 minutes 44 seconds East a distance of 248.99 feet the northeasterly line of said Lot 21 and said line there terminating. Easement Area: 36,572 sq.ft. i `� IN Easement Area 4'o R R......I\'‘ 50 25 0 25 50 100 i i...1.•. - ....m.m. SCALE IN FEET 4•••v„•` Section 06-Townohip 117-Rac22 JOB 4:64686.040 REVISIONS I i SATHRE-BERGQUIST INC. CONSERVATION EASEMENT SHEET:vAc-L21,B1 { ' EXHIBIT DRAWN BY:JJA 1' # 150 SOUTH BROADWAY WAYZATA,MN.66701{752)47941000 PREPARED FOR CHECKED BY:DBP la •`' NORTON HOMES DATE:01/17/2020 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS BRIDGEWATER BANK, a Minnesota banking corporation,which holds a Mortgage, and Security Agreement and Fixture Financing Agreement("mortgage') on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated June 11, 2015 and recorded June 12, 2015 as Document No. T05263412 with the offices of the Hennepin County Registrar of Titles, Minnesota, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this 27 day of J ,2020. BRIDGEWATER BANK, A Minnesota banking corporation By: /f ktc.✓ /{t 4 M5 [print name] Its 4U 1- Co►•1we fci%/ Ceati, [title] STATE OF MINNESOTA ) ( ss. COUNTY OF `1Q(1(12p)k ) The foregoing instrument was acknowledg-1' be o e me this Zay of jw[-e--- , 2020,by � A ,�t-e ,the �4h / �, ' It of Bridgewater 1 �u � /l�t��-� g Bank, a Minnesota banking corporation, on beh.lf of the corporation. No4411a lier..4 •�& AMANDA LEE DENAULT '`",• • NOTARY PUBLIC-MINNESOTA C: rv� '�`� My Commission Expires JAN.31 2021 DRAFTED BY: CAMPBELL KNUTSON,P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM 8 Lot 21,Block 1,Lakeview of Orono 210388v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS SOURCE LAND CAPITAL,LLC, a Minnesota limited liability company, which holds an Amended and Restated Mortgage, Security Agreement and Fixture Financing Statement ("mortgage') on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated June 11, 2015 and recorded June 12, 2015 as Document No. T05263413 with the offices of the Hennepin County Registrar of Titles, Minnesota, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this Zy day of 3,,,v6 , 2020. SOURCE LAND CAPITAL,LLC A Minnesota limited liability company By: 'Q/ 6 `lG2..-[print name] Its 6 tt r let t'twn C( ( tt STATE OF MINNESOTA ) ( ss. COUNTY OF ifrijilepid The fore oing instrument was acknowledged before me thi3, day of d M-� , 2020,by {�GLPYii*. R. kit/IE&- ,the C'! 'ec2-/- f-/I9'ano .yr of Source Land Capital,LLC, a Minnesota limited liability company, on behalf of the entity. AMY LUAMS N07ARJEANYWIPUBLIC Notary Lib is , V:\ �x STATE OF MINNESOTA :`,,17' My Commission Expires January 31,202 DRAFTED BY: CAMPBELL KNUTSON,P.A. Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 sMM 9 Lot 21,Block 1,Lakeview of Orono 21 0388v1