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Home My WebLink AboutEasement/covenants/wetland � • , . �- �a�� Doc No A9667052 Certified filed and/or recorded on 6/23/11 9:00 AM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 65 Pkg ID 719087 Doc Name: Easement Document Recording Fee $46.00 . Document Total $46.00 This cover sheet is now a permanent part of the recorded document. _ � � � Custom Home �Idrs i itle (reserved for recording inJ'ormation) GRANT OF PE NT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER INSTRUMENT made this a N day Of �I�t N G ,2411,by and between Michaei Huthwaite and Marityn Huthwaite, husband and wife("Grantors'�,and the CTTY OF ORONO, A Minnesota municipal corporation("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a permanent flowage and conservation easement for the purposes set forth in this instrument, over, under, and across the wetiand and wetland buffer as described in the legal description and site plan attached hereto as Exhibit A(the"easement premises"). 'I'�e Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree as follows: 1. That the following aze prohibited in perpetuity within the wetland: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, waikways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utiiity lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other devices intended to foster wildlife; and 2) docks or boardwalks when allowed by City ordinance and uczder a valid City permit. 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 r • • control by or as directed by a governmental agency. Grantors may remove brush, diseased or dead trees of any size,and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contout of the wetland; dredging, mining or removal of earth, loam,peat, gravel, soil or any other natural material. D. The deposit of waste, yard waste,or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retazdation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a govemmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty, vegetation, and wiidlife. 2. That the following aze prohibited in perpetuity within the wetland buffer: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, fences, fireplaces, clothes line poles, piayground equipment, roads or hardcover of any nature whatsoever, except: I) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boazdwalks when ailowed by City ordinance and under a valid City permit; 3)retaining wa11s when atlowed by City ordinance and under a valid City permit; 4) any improvements installed in accordance with landscaping or site plans approved by the City. B. Cutting, mowing or removing shrubs or other vegetation, and cutting or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a govemmental agency. Grazrtors may remove brush, diseased or dead trees of any size,and noxious weeds. C. Excavation or filling or material alterarion 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 materiat. D. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. F. Appiication of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 3. Establishment and Maintenance of Wetland Buffer. The wetland buffer measuring 16.5 feet in width at a11 points surrounding the wetland and as shown on Exhibit A, shall be established and improved to become an"acceptable buffer area"as described within City Ordinances, and shall thereafter be maintained by Grantors in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 4. Grantors, for themselves, their heirs, successors and assigns, further grants the City the affirmadve 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,ciearing, and removing trees or other vegetation,by changing tiie 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 instrument. 5. Grantors reserves for themselves and for their heirs, successors and assigns and their 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 puipose. 6. Grantors hereby grant, gift, quit claim and convey 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. 7. The Grantors herein do hereby remiss, release, acquit and forever discharge, forever, the City and any and ali of its offcers and employees of and from any and alI claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by vertue of any flowage or trespass with water witlun the easement premises. Grantors' personal obligations under the grant shall terminate at such time as Grantors no longer ' hold fee title to the land on which the easement premises is located and such obligations shall be assigned to the next fee holder. 8. Grantors do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise,except as hereinabove set forth. IN WITNESS WHEREOF, the Grantors hereto have executed this easement ef�ective as of the day and year set forth above. GRANTORS: �- , �,�� A,� �,.-��L.��.� � Michael Huthwaite . � �� Matilyn Hu aite lc•,••tss+e ' STATE OF A�€�59�'�4-- ) )ss. COUNTY OF �+e I� ) The foregoing instrument was acknowledged before me this Z day of �►i.� , 2011, by � ;c.l�q�� '��.,�,�e and lltar•�h.. Nh�w�tl.c , husband and wife,the Grantors. c�r'.�-,� � � Notary Public Q►`�'K e•@ �v� sratE �o THIS INSTRUMENT WAS DRAFTED BY: �Q OF ��, �f�WESSEE . CAMPBELL KNUTSON �;�� Projessional Association '� �i 317 Eagandale Office Center , aOR�� 1380 Corporate Cenier Curve ��ly'�emm.E�,11.7�p�,Z Eagan,Minnesota SS121 Telephone: (651)452-5000 SMM EXHIBIT A Description of Wetland and Wetland Buffer WETLAND: WETLAND BUFFER: , , , , i May 31, 2011 � P�ad Wetland and Wetland Buffer easement descriptions for � Michael Huthwaite In Lots 10& 11, Block 5, BAYSIDE ADDITION TO LAKE MtNNETONKA ' Hennepin County, Minnesota ' WETLAND EASEMENT ' An easement for wetland purposes over and across the Fol{owing three areas of those � parts of Lots 10 and 11, Block 5, BAYSIDE ADDITION TO LAKE MINNETONKA � described as foAaws: � WETLAND 1 i Commencing at the southeasteriy comer of sa9d Lot 11;thence on an assumed bearing of North along the east line of said Lot 11 a distance of 90.50 feet; ; thence South 50 degrees 50 minutes 26 seconds West a distance of 50.55 feet to a point hereinafter referred to as"Point A"and the point of beginning of the ; wetland easement being described;thence South 4 degrees 36 minutes 26 seconds East a distance of 19.65 feet; thenc:e South 52 degrees 4D minutes 28 seconds West a distance of 14.44 feet;thence North 48 degrees 18 minutes 07 � seconds West a distance of 5.28 feet;thence fVorth 3 degrees 01 minutes 50 seconds East a distance of 24.43 feet; thence North 86 degrees 47 minutes 57 � seconds East a distance of 12.59 feet to said°Point A', and said easement there ending, WETlAND 2 Commencing at`Point A°described above;thence South 86 degrees 47 minutes � 57 seconds West a distance of 22.28 feet to°Point B°and the point of beginning of the wetland easement being described;thence South t9 degrees 08 minutes 23 seconds East a distance of 13.10 feet;thence South 1 degree 06 minutes O6 seconds West a distance of 3.78 feet;thence South 34 degrees 20 minutes 23 seconds West a distance of 17.80 feet;thence South 86 degrees 39 minutes 42 seconds West a distance af 8.75 feet;thence North 16 degrees 44 minutes 31 seconds East a distance of 28.04 feet;thenve North 55 degrees 08 minutes 16 seconds East a d+stance of 7.89 feet to said"Paint B", and said easement there ending, � WETLAND 3 Commencing at'Point B'described above;thenoe South 35.degrees 42 minutes 14 seconds West a distance of 29.15 feet to"PoiM C"and the poirrt of beginning of the wetland easement being described;thence South 14 degrees 26 minutes 39 seconds West a distance of 12.40 feet;thence South 74 degr�ees 27 minutes 13 seconds West a distance of 12.56 feet;thence North 75 degrees 57 minutes 50 seconds West a distance of 12.38 feet;thence North 9 degrees 55 minutes 34 seconds East a distance of 3.69 feet;thence North 77 degrees 54 minutes 19 seconds East a distance of 14.33 feet;thence North 65 degrees 27 minutes 44 secvnds East a distance of 13.80 feet to said"PoiM C°,and said easemerrt there ending. -- - - - - -- - _ .-- _ _. -- y� - - - - ---�,. - --._ ..._ . _ WETLAND BUFFER EASEMENT M easement for wetland buffer purposes over and across those parts of Lots 10 and 11, Block 5, BAYSIDE ADDITION TO LAKE MINNE70NKA described as follows: Commencing at the southeast comer of said Lat 11;thence on an assumed bearing of North along the east line of said lot 91 a distance of 90.50 feet;thence South 62 degrees 32 minutes 47 seconds West a distance of 34.55 feet to the point of beginning of the line being described;thence South 36 degrees 30 minutes 07 seconds East a distance of 12.57 feet; thence South 3 degrees 22 minutes 53 seconds East a distance of 31.06 feet;thence South 32 degrees 58 minutes 52 seconds West a distance of 12.00 feet;thence South 59 degrees 52 minutes 32 seconds West a distance of 19.14 feet;thence South 83 degrees 09 minutes 26 seconds West a distance of 15.44 feet;thence South 72 degrees.12 minutes 58 seconds West a distance of 11.37 feet;ihence South 61 degrees 23 minutes 22 seconds West a distance of 17.06 feet to the south line of said Lot 11; thence North 89 degrees�#6 minutes 11 seconds West along said South iine a distance of 21.50 feet to the southwest comer of said Lot 11; thence North 33 degrees 46 minutes 55 seconds West along the southwestehy lines of said Lots 11 and 10 a distance of 31.60 feet;thence North 43 degrees 04 minutes 10 seconds East a distance af 19.79 feet;thencs North 73 degrees 01 minutes 13 seconds East a distance of 24.'E9 feet;thence North 22 degrees 20 minutes 53 seconds East a distance of 17.19 feet;thence North 56 degrees 52 minutes 13 seconds East a distance of 20.04 feet;thence North 86 degrees 40 minutes 21 seconds East a distance of 15.22 feet;thence South 85 degrees 58 minutes 13 seconds East a distance af 18.84 feet to the point of beginning, EXCEPTING therefrom the three wetland areas hereinbefore described in the wetland easement. -- - - -- �- - -.. . _ y._ / �� .n1..1 rGVVG � '�'/ � � � . / '�L 94 �' ' ° � =' �x��.. � 0 � � � , ,. / --' �� , . ��'�/ f�` • � � x � � � � � i � /� '•'•� • � `��" �S� N 8813�.21't'E $BS 68'73' t.�'��,��P � � f8.84.• �� a! �'LD'� �'�.�"'" tr i� . , �� ..+ F T �� < Qi d'� n / '•,'�'.� Ul � � � �V1 � ^� /�df�f��:.•�N�Z�E �POINTA" �D � �� . � y �i S� � 79� fc F.�� / }��3y �I �' �e( �\ f W;PLANS � . �19 F � q� ��9 �� y � ,� � taw' ��m 1 m � n '� � �� P � /� � � � s0/i �,Pf� p � � �Ns �, , � �� 9� ^d� y�k,'� �'��S �' w W�$�� r $ � �� , ��fl�� w ; 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