HomeMy WebLinkAbout2021 Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant # 4 •
No delinquent taxes
Transfer Entered
Oct 28, 2021 1:00 PM LAND TYPE Torrens (T)
DOC NUM 5888558
Hennepin County, Minnesota Certified, filed and/or recorded on
Mark Chapin Oct 28, 2021 1:00 PM
County Auditor and Treasurer
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 2341663C
Document Recording Fee $46.00
Document Total $46.00
PID(s)
10-117-23-14-0022
Existing Certs
1532239
This cover sheet is now a permanent part of the recorded document.
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 JCA day of 000/;417 , 2021, by Mark Jacobs and Trisha
Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as
of April 30, 2018, (referred to herein as "Grantor"), in favor of the City of Orono, a Minnesota
municipal corporation (the "City").
WITNESSETH:
The Grantor, in consideration of good and valuable consideration,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 following
land within the City of Orono, County of Hennepin, State of Minnesota which is legally described
on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the"Easement Premises").
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:
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; and 3) retaining walls when allowed by City ordinance and
under a valid City permit. Creation and maintenance of non-hardcover walking
paths may be allowed.
1
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278328
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.
J. Outside storage of any kind.
K. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. 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.
3. Reservation of Rights of Grantor. Grantor reserves for itself and for its successors and
assigns and its 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
2
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.
4. 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.
5. 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.
6. Ownership. The above named Grantor,its successors, and assigns do covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described Easement
Premises;that it has the sole right to grant and convey the easement to the City;that there are
no unrecorded interests in the Easement Premises;and that it will indemnify and hold the City
harmless for any breach of this covenant.
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
9. Counterparts. This Grant may be executed in one or more counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Grantor hereto has executed this easement effective as
of the day and year set forth above.
[Signature contained on following page.]
3
GRANTOR:
Mark Jacobs and Trisha Blake, each as Trustee
for the Irwin L. Jacobs 2018 Irrevocable Trust
Agreement dated as of April 30,2018
BY:
M. Jaco , rustee
STATE OF Ii\nnfl P )
��n l )ss.
COUNTY OF-� n )
Akforegoing instrument was acknowledged before me this day of
ar ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Trus Agreement dated as of April 30,2018.
Q4tWwm4
NOTARY PiLIC��
BY: reJ
Trisha Blake,T stee
STATE OFnintb- )
��„ )ss.
COUNTY OF yliv t' )
e foregoing instrument was acknowledged before me this a230 day of
,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Trust Agreement dated as of April 30,2018.
c 4
NOTARY
LIC
a''"'a, SHELLY LAFAY ZAJICEK
:14 Notary Public
r.....,rir) State of Minnesota
` My Commission12026 Ex ires� �+ January3 ,
4
A ° \II°3
ILIj
, CITY OF ORONO
fr .i;-„', l-` By: ,
Mayor Dermis Walsh
(SEAL)
B i� /
Y:
Adam Edwards, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /"< day of
QC r , 2021, by Dennis Walsh and by Adam Edwards, respectively the Mayor and
City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
gai,e_.,..
otary Public
':/IJ-lJlfJl./-lfllll1J11!!-/-_, --1
\ '- ANNA MARIE CARLSON l
: : ''” NOTARY PUBLIC-MINNESOTA
DRAFTED BY: s't"k,''..
a,,m,.>,,, My Commission Expires Jan.31,2025
CAMPBELL KNUTSON,P.A. t 1!!!lll�!!l�l�t�r�rrrlJ�
860 Blue Gentian Road
Suite 290
Eagan,MN 55121
SNC/jmo
5
i
MORTGAGEE CONSENT
TO
GRANT OF PERMANENT FLOWAGE AND
CONSERVATION EASEMENT AND RESTRICTIVE COVENANT
Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018
Irrevocable Trust Agreement dated as of April 30, 2018 hold a mortgage on the Property, and
agree that the attached Grant of Permanent Flowage and Conservation Easement and Restrictive
Covenant shall remain in full force and effect even if it forecloses on its mortgage,to wit:
the Mortgage dated August 30, 2018, executed by Alexandra Jacobs,
as Trustee of The Alexandra Revocable Trust Agreement dated
November 22, 2006, and by Irwin L. Jacobs, as Trustee of the Third
Amended and Restated Revocable Trust of Irwin L. Jacobs dated
November 22, 2006, as amended on September 24, 2007, July 10,
2008, and October 23, 2009,originally known as The Irwin L. Jacobs
Revocable Trust Agreement dated November 19, 1999, as mortgagor
to Marquette Companies,LLC,a Minnesota limited liability company,
as mortgagee,and recorded on August 30,2018,as Document Number
T05557428 in the Office of the Registrar of Titles of Hennepin
County,Minnesota,assigned to the undersigned by the Assignment of
Mortgage recorded on May 16,2019,as Document No.T05613048 in
the Office of the Registrar of Titles of Hennepin County Minnesota.
Dated this 1g day of 40.eW&A1/,2021.
Mark Jacobs and Trisha Blake, each as Trustee
for the Irwin L. Jacobs 2018 Irrevocable Trust
Agreement dated as of April 30,2018
BY:
fee
STATE OF IbAodA, )
)ss.
COUNTY OF W.AntY\ )
foregoing instrument was acknowledged before me this ) day of
. !:k. 2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Trus Agreement dated as of April 30, 2018.
4111) 11 A
NOTARY ''d BLIC
6 a °=a, SHELLY LAFAY ZAJICEK
Error!Unknown document property name. a'�i,r�� :•,� Notary Public
278328 s_t;;.ci ) State of Minnesota
My Commission Expires
� .:/ January31,2026
BY: • 0 -V'14 te&
Trisha Blake, Trustee
STATE OF Nv1Y1YY ( Zt. )
)ss.
COUNTY OF fG fc fl )
e fore oing ++ instrument was acknowledged before me this day of
2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Trus Agreement dated as of April 30,2018.
NOTARY BLI
!R.,., SHELLY LAFAY ZAJICEK
/4:1,06. � Notary Public
DRAFTED BY: —,,»��g State of Minnesota
� ,� My Commission Expires
CAMPBELL KNUTSON,P.A. V. „• January 31,2026
860 Blue Gentian Road
Suite 290
Eagan,MN 55121
SNC/jmo
7
EXHIBIT A
EASEMENT AREA LEGAL DESCRIPTIONS
Those parts of Lots 1, 2 and 3, Block 1, Shoreline Estates described as follows: Beginning at the
southwest corner of said Lot 3; thence on an assumed bearing of North 0 degrees 18 minutes 26
seconds East along the west line of said Lot 3 a distance of 531.89 feet; thence North 83 degrees
18 minutes 56 seconds East a distance of 213.92 feet to its intersection with the easterly line of
said Lot 3; thence North 89 degrees 21 minutes 56 seconds East a distance of 209.93 feet to an
intersection with the easterly line of said Lot 2; thence South 47 degrees 16 minutes 29 seconds
East a distance of 48.35 feet; thence North 62 degrees 35 minutes 33 seconds East a distance of
66.44 feet; thence South 43 degrees 48 minutes 45 seconds East a distance of 96.59 feet; thence
South 1 degree 58 minutes 09 seconds East a distance of 37.87 feet; thence South 48 degrees 46
minutes 07 seconds East a distance of 41.36 feet; thence South 25 degrees 40 minutes 47 seconds
East a distance of 70.00 feet to an intersection with the easterly line of said Lot 1; thence South 0
degrees 00 minutes 29 seconds West along the easterly line of said Lot 1 a distance of 76.98
feet; thence South 54 degrees 50 minutes 01 seconds West a distance of 35.85 feet; thence South
14 degrees 32 minutes 28 seconds East a distance of 79.56 feet; thence South 31 degrees 43
minutes West a distance of 40.90 feet; thence South 0 degrees 00 minutes 00 seconds East a
distance of 50.46 feet to the southerly line of said Lot 1; thence westerly along the southerly lines
of said Lots 1, 2 & 3 to the point of beginning.
Also, that part of Lot 5, Block 1, Shoreline Estates embraced within the drainage easement
shown on the plat in said Lot 5.
8
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EXHIBIT B
EASEMENT AREA DEPICTION
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