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Home My WebLink About2021 Tree Preservation Easement No delinquent taxes II III I I 111 II I I 110 II II Transfer Entered Oct 28, 2021 1:00 PM LAND TYPE Torrens (T) DOC NUM 5888560 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. (reserved for recording information) TREE PRESERVATION EASEMENT " f INSTRUMENT made this /1day of OC 1Q her , 2021, by and between 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"), and the CITY OF ORONO, a Minnesota municipal corporation ("City"). The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent tree preservation easement over, under, and across those portions of Lots 3, 4, and 6, Block 1, Shoreline Estates, Hennepin County, Minnesota("Property") described in the attached Exhibit "A" (the "Easement Area"). The Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the Easement Area: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment within the dripline of a tree, that has the potential to damage the tree. B. Cutting or removing trees. Removing dead trees, trimming trees to maintain health, removing diseased trees, and removing selected trees approved by the City 278329 i when required to allow sunlight to penetrate a limited areas on the property, may be undertaken. C. Excavation or filling when these activities may contribute to damage or loss of protected trees. The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Property; that it has the sole right to grant and convey this easement to the City;that there are no unrecorded interests in the Property; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. This Instrument 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 parties have executed this Instrument the day and year first above written. 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: Ii Mark Jaco•:,Trustee STATE OF I* ) )ss. COUNTY OF `n ) e foregoing instrument was acknowledged before me this c�' day of 2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trus Agreement dated as of April 30,2018. 1 NOTARY P BLIc e" SHELLY LAFAY ZAJICEK 44,4 .o Notary Public 2 e�;:.>� State of Minnesota My Commission Expires � i�� January31,2026 BY: -frt,JJ.ec- Trisha Blake,Trustee STATE OF kV�1I�l ^ ) )ss. COUNTY OF ) 'r- Th f9regoing instrument wasacknowledged before me this ��'ZJ day of o 2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trus Agreement dated as of April 30,2018. f A fbfi NOTARY P LIC •ta. SHELLY LAFAY ZAJICEK ' NrP'-- Stateotaof y Minnesotaublic s ,..A .2. My Commission Expires January 31,2026 [The remainder of this page is left intentionally blank. Signature page continues on next page.] 3 / GRANTEE: %:'‘: CITY OF ORONO -, • '`) i0 '''' -':. 0 i I. * By: Mayor Dennis Walsh (SEAL) / By: _ Adam Edwards, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) I Nhefo�re oing instrument was acknowledged before me this I/ day of / , 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 . its City Co . cil. OPP / , / • Notary Public -17:1 --":":":"::::::::::70-767-10N `"` ANNA MARIE CARLSON '° NOTARY PUBLIC-MINNESOTA :;'4111'' My Commission Expires Jan.31.2025 lll_,e- !l!r- jjjlll��1 INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (612)452-5000 SNC/jmo 4 EXHIBIT "A" Legal Description of Easement Area: An easement for tree protection purposes over and across that part of Lot 3, Block 1, Shoreline Estates, which lies west of a line 30.00 feet east of, measured at a right angle to and parallel with the west line of said Lot 3 and north of a line drawn east perpendicular to said west line from a point on said west line a distance of 296.00 feet south from the northwest corner of said Lot 3. An easement for tree protection purposes over and across that part of Lot 4, Block 1, Shoreline Estates, which lies west of a line 30.00 feet east of, measured at a right angle to and parallel with the west line of said Lot 4 and its extensions. An easement for tree protection purposes over and across that part of Lot 6, Block 1, Shoreline Estates, which lies east of a line 30.00 feet west of, measured at a right angle to parallel with the easterly line of said Lot 6 and its northerly extension and north of a line drawn west perpendicular to said easterly line from a point on said easterly line a distance of 110.00 feet north from the most southerly corner of said Lot 6. 5 : �f MORTGAGEE CONSENT TO TREE PRESERVATION EASEMENT 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 Tree Preservation Easement 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 2.?day oftyvx.4(,2021. Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated a . 4 ri130,2018 BY: r I /�,,��,,��,� M. Jac. .. ,Trustee STATE OF NU��I�f�(�!w ) )ss. COUNTY OFnOri.)(1 ) foregoing instrument was acknowledged before me this t j day of ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018. ;4(2/ f� NOTARY 4& €Q:LI� 6 SHELLY LAFAY ZAJICEK 4z;:u: 'o Notary Public � State of Minnesota My Commission Expires January31,2026 BY: Trisha Bl e,Trustee STATE OF 14(Irr K, ) )ss. COUNTY OF q.4100190 ) efil - f•regoing instrument was acknowledged before me this day of 1 ,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trus Agreement dated as of April 30,2018. 4 NOTAR PUBLI d15"zoi, SHELLY LAFAY ZAJICEK 444?DRAFTED BY: aT �Q Notary Public ,ua State of Minnesota CAMPBELL KNUTSON �--. My Commission Expires • Professional Association January 31,2026 Grand Oak Office Center 1 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651)452-5000 SNC 7