HomeMy WebLinkAbout06-26-2020 Grant of Permanent Flowage and Conservation Easement and Restrictive Convenant for Wetlands 11111 IIIII1 111111 011 1 11 11
LAND TYPE Torrens (1)
DOC NUM 5753387
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 2077121 E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1409650
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 Easementand Restrictive
Covenant for Wetlands (the "Agreement")made this .2(P day of J j NJ E.; ,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 15,Block 3,Lakeview of Orono
210384v1
was recorded as Hennepin County Document No. TO5284392. The City intends to vacate the
easement granted by Document No. T05284392 and the purposes of this Agreement is to replace
Document No.TO5284392.
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.
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Lot 15,Block 3,Lakeview of Orono
210384v1
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 15,Block 3,Lakeview of Orono
210384v1
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 15,Block 3,Lakeview of Orono
210384v1
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 Cor oration
By
Ppttyqc-/hyie,4.....[print name]
Its 4 [title]
STATE OF l I I(n(gs -cZ\ )
)ss.
COUNTY OF )
1 The foregoing instrument was acknowledged before me this 2-6 day of, ,
V 2. , 2020, by Pcb7'1f� /' f7�/ifir the ch,; 6-/Vanc(aJ 4{9C4 -
of Source Land Development,Inc., a South Dakota Corporation, on behalf of said entity.
AMY JEAN WILLIAMS Notary Public
' y; NOTARY PUBLIC
�'*': STATE OF MINNESOTA
't���=• my
Commissbn EnP��anu '3t. •
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 15,Block 3,Lakeview of Orono
210384v1
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
the southwesterly and westerly 50.00 feet of Lot 15,Block 3,Lakeview of Orono, according to
the recorded plat thereof, Hennepin County, Minnesota.
(Easement area: 26,980 sq. ft.)
•
6
Lot 15,Block 3,Lakeview of Orono
210384v1
EXHIBIT "B"
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Easement Vacation Area
CONSERVATION EASEMENT DESCRIPTION (1‘4'
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A conservation easement over,under and across the southwesterly and tii�
westerly 50.00 feet of Lot 15,Block 3,LAKEVIEW OF ORONO,
according to the recorded plat thereof,Hennepin County,Minnesota. so 25 0 25 50 ioo
Easement Area:26,980 sq.ft. SCALE IN FEET
ea aU",,` Section 06-Township 117.Range 23 JOB#:64685.040 REVISIONS
s SATHRE-BERGQUIST, INC. CONSERVATION EASEMENT SHEET:CE{15,53
�, 160 SOUTH BROADWAY WAYZATA.MK 66301(652)/76-6060 EXHIBIT DRAWN BY:JJA
PREPARED FOR CHECKED BY:DBP
.,""' "'" 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 2.- ( day of -Wk, ,2020.
BRIDGEWATER BANK,
A Minnesota banking corporation
By:
J /pH-X.1MeRy5 [print name]
Its A-tlf— (osiwieytic.( (.12,,o4)" [title]
STATE OF MINNESOTA )
(ss.
COUNTY OF 0-e 1 7 1 v)-'
The foreg 'ng instrument was acknowledg d b ore me this �� '[ay of -1
2020,by rg61-kt NV/40-5 ,the -- (,oANIA- LgA.Gdr of Bridgewater
Bank, a Minnesota banking corporation, on behalf of the corporation.
Notary Public
AMANDA LEE DENAULT
tip NOTARY PUBLIC—MINNESOTA
My Commission Expires JAN.31 2021
+."'..o--
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 15,Block 3,Lakeview of Orono
210384v1
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 I* day of •JJ ,2020.
SOURCE LAND CAPITAL, LLC
A Minnesota • . ..'lity company
By: .�-
AMeir [print name]
ItsC% KA.ac, / . • -]
STATE OF MINNESOTA )
( ss.
COUNTY OF kirmepii7 )
The foregoing instrument was acknowledged before me this o�p,day of ()0'1 c° ,
2020,by Pa•1 772 2 ,the C i,e� t ti7c / ,- of Source Land
Capital,LLC, a Minnesota limited liability company, on behalf of the entity.
,.:-i2 AMY JEAN WILLIAMS
NOTARY PUBLIC Notary ubli
s STATE OF 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,Minnesota 55121
Telephone: (651)452-5000
SMM
9
Lot 15,Block 3,Lakeview of Orono
210384v1