HomeMy WebLinkAboutGrant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands Transfer Entered
Sep 10, 2021 2:45 PM 1010 11 111
LAND TYPE Torrens (T)
Hennepin County, Minnesota DOC NUM 5875482
Mark Chapin
County Auditor and Treasurer Certified, filed and/or recorded on
Sep 10, 2021 2:45 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 2313214E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
06-117-23-43-0021
Existing Certs
1434456
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 EasementQ - and Restrictive
Covenant for Wetlands (the "Agreement") made this / day of 5 z-Ghy'ber; 2021, by
CHRISTOPHER T. EVENSON and AMY M. EVENSON, husband and wife (collectively
"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 was recorded as Hennepin County
1
Lot 7,Block 3,Lakeview of Orono
210004v7
Document No. TO5284392. The City intends to vacate the easement granted by Document No.
TO5284392 and the purposes of this Agreement is to replace Document No. TO5284392.
The Grantor,theirs heirs,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 7,Block 3,Lakeview of Orono
210004v7
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,their,heirs, 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 themselves and for their heirs,
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).
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
3
Lot 7,Block 3,Lakeview of Orono
210004v7
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 7,Block 3,Lakeview of Orono
210004v7
IN WITNESS WHEREOF,the Grantor hereto has executed this easement effective as of
the day and year set forth above.
GRA
Christopher T. Evenson
&wall
Amy M. : nson .
-
STATE OF MINNESOTA )
)ss.
COUNTY OF He,n2ep/0)
The foregoing instrument was acknowledged before me this /day of JefrW7,2&."
202 • • i • • r souse to Amy M. Evenson.
! ` AMY JEAN WILLIAMS G%l�
; ' NOTARY PUBLIC
;±1. t STATE OF MINNESOTA
' My Commission Exams.ay 31, s Gc Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HOY/2ra )
•The foregoing instrument was acknowledged before me this �s day of 7"' ft /--
2021, by Amy M. Evenson, spouse to Christopher T.Evenson.
x9� ? AMY JEAN WILLIAMS Notary Public
PAP, NOTARY PUBLIC
STATE OF MINNESOTA
,� �• , My Commission Expires January 31,20
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/smt
5
Lot 7,Block 3,Lakeview of Orono
210004v7
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 7, Block 3, Lakeview of Orono, according to the recorded plat thereof, Hennepin
County, Minnesota, lying northerly of the following described line:
Commencing at the most northerly corner of said Lot 7; thence on an assumed bearing of South
29 degrees 38 minutes 11 seconds West along the northwest line of said Lot 7 a distance of 162.25
feet to the point of beginning of said line; thence South 85 degrees 21 minutes 31 seconds East a
distance of 152.96 feet to the east line of said Lot 7 and there terminating.
(Easement area: 14,100 sq. ft.)
6
Lot 7,Block 3,Lakeview of Orono
210004v7
Exhibit "B" to Grant of Permanent Easement
•
MOST NORTHERLY i -----
CORNER OF LOT 7 ,
/ NW LINE OF LOT.7 /,
ti
w .
ry.
3 ,
.� .
FENC _.EAST UNE OF LO
/ Ta SBS°21'31aE 132.96
dPERGOLA' ��
I ' BLOCK 3 a 2 9
/ „„
�/4e .....LOT7
igost:,,,....„.:.......
7/ ,
/ I KOUT 1
LOT 8 E 760NRK NEW •-., /
/ /
/ .4411r7j ii
I
I • ora
I / L.OT 5
/ /
/ I
/ I
/ /
/ /
/ I
/ t I
/ r /
/ i? / I I
/ / I I '
/ J/ — — — —
/ ;X /
/ # ` :Li/ MAMMA. �a
"1.__ LABELED..LOWN
/
— /
R m1 R
Ct, ``a1,5. fie ,L,,--,054. �, 6/0 _ ^e,
`h, c r '•3x t,; {`” rof a` ..r
e
---7------
t .i!..` h'4141: .. , ,, t 'w�S '4A,,,i',a L T.M K 4 Zb1 i`�, .. t
Vi�i1 Easement Area
EASEMENT DESCRIPTION
An easement over,under and across that pan of Lot 7,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof,
Hennepin County,Minnesota,lying northerly of the following described line: f/ 1
Commencing at the most northerly corner of said Lot 7;thence on an assumed bearing of South 29 degrees 38 minutes 11 seconds West
� `�
along the northwest line of said Lot 7 a distance of 162.25 feet to the point of beginning of said line;thence South 85 degrees 21 minutes
31 seconds East a distance of 152.96 feet to the east line of said Lot 7 and there terminating 'sit /
4'0 R t'
Easement area:14,100 suit.
50 25 0 25 50 1110
SCALE IN FEET
Section 07-Township 117-Range 23 JOB 8:64665-020 REVISIONS
aa,aq SATHRE-BERGQUIST, INC. EASEMENT EXHIBIT FIELD CREW:AT
u �.� DRAWN BY:JPR,JJA
T,,,, `\:0 We 150 SOUTH BROADWAY WAYZATA.MN.55391(952)4768000 PREPARED FOR
CHECKED BY:JJA
NORTON HOMES DATE:10116/19
7
Lot 7, Block, 3 Lakeview of Orono
210004v7
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT
AND RESTRICTIVE COVENANT FOR WETLANDS
WINGS FINANCIAL CREDIT UNION, a Minnesota corporation, which holds a mortgage on
the subject property executed by Christopher T. Evenson and Amy M. Evenson, husband and
wife, dated May 7, 2021, filed May 13, 2021, as Document No. 5835588 in the original principal
amount of$524,000.00 on all or part of the property more particularly described in the foregoing
Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands,
for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby join in, consent, and is subject to the foregoing Grant of Permanent Flowage and
Conservation Easement and Restrictive Covenant for Wetlands.
Dated this WA day of a1►49us-F , 2021.
WINGS FINANCIAL CREDIT UNION
By: Mil d-dn.
R:Dxy Jai nto v1 [print name]
Its: Assis4ari-f serve-cavy [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF °`'lc )
The foregoing instrument was acknowledged before me this 13 day of -A''C
2021,by "Po y-.1 Jo1.r,S ,the ASc s-- .4-
of WINGS FINANCIAL CREDIT UNION,a Minnesota corpor. ion, on behalf• said entity.
NOTARY PUB ir
RUTH A GRUB IMALD
DRAFTED BY: nnuC- A
CAMPBELL KNUTSON 7 Mipp,My�nbrhasJan31.2025
t,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
SMM/smt
8
Lot 7,Block 3,Lakeview of Orono
210004v7