HomeMy WebLinkAboutFlowage/conservation easement � 9��3'��
FLOWAGE AND CONSERV TION EASEMENT
AND WAIVER OF AMAGES
��.-0
THIS INDENTURE, made and entered int this� �� day of 6�e,� �.��r1998,
by and between VCI Capital, Inc. a Minnesota c rporation, and its successors and
assigns (collectively referred to hereinafter as th "Grantor") and the City of Orono, its
successors and assigns, a municipal corporatio under the laws of the State of
Minnesota (hereinafter referred to as "Grantee" .
WITNESSETH, Grantor. for and in consid ration of the sum of One Dollar
($1.00), and other va{uable consideration, hereb covenants, grants, gifts, quit claims
ci iu COilVzyS iG Gra�tee tne ric��t ro restrict, aiiCj TafitOi ayrees io limi� and preciude
the use, improvement and development, under t e conditions and covenants herein
contained, the following described Land in the C unty of Hennepin and State of
Minnesota:
See Exhibit A attached hereto �and ade a part hereof (the "Land")
as follows:
1. Grantor hereby covenants and agr es:
A. No structures shall be const ucted, erected, or placed upon, above
or beneath the Land includi g without limitation, fences, fireplaces,
steps, docks, piers, hardcov r or roads of any nature whatsoever,
or any other structure or im rovement inconsistent with the natural
state of the land, except tha nothing in this Flowage and
Conservation Agreement sh II prohibit Grantor from constructing a
private dock on the Land to rovide access to Lake Minnetonka in
#he ev�nt that Grantor is su cessful in obtaining the necessary
permits for such dock from t e City and any other agencies which
may regulate docks or wetl nds.
B. No trees, shrubs or other v getation shall be destroyed, cut or
removed from the Land exc pt as authorized by written consent of
Grantee.
C. No earth, loam, peat, gravel, soil or any other natural material or
substance shall be remove from the Land and there shall be no
dredging or excavation of a y nature whatsoever or any change of
the topography of the Land ithout the written consent of Grantee.
D. No soil, sand, gravel or othe substance or material as landfill shall
be placed, dumped or store upon the Land and no waste, trash or
garbage shall be placed, du ped or stored upon the Land.
E. No use shall be made of the Land except uses, if any, which will
not change or alter the natur I condition of the Land, and no use
which would tend to change he drainage, flood control, water
conservation, erosion contro , soil conservation, fish and wildlife
habitat characteristics shall e made of the Land or the water
situated thereon. '
F. Grantee may enter upon the Land for the purposes of inspection
and enforcement of the cove ants contained herein and to cause
to be removed from the Lan without any liability any structures,
uses, materials, substances, or unnatural matter inconsistent with
the covenants contained her in and the natural state of the land.
2. Grantor hereby grants, gifts, quit cl ims and conveys to Grantee, a
perpetual flowage easement and ri ht and privilege to trespass with water
over and upon any or all of the Lan .
3. Grantor herein does hereby remiss release, acquit and discharge
forever, the Grantee and any and a I of its officers and employees of and
from any and all claims, demands r causes of action of any kind or
nature whatsoever which may aris or accrue by virtue of any flowage or
trespass with water within terms of hese agreements.
In addition to any other remedy the grante may have, the covenants and
restrictions contained herein may be enforced b injunction.
Grantor does not intend that the public sh uld have any interest in the above
la�d by vi�t:�e ef this ind�nture �r othe�-wise, exc p+ a� �ereinabove set f�r'tr�.
The Grantor herein certifies that the land erein described is free and clear of all
encumbrances except:
NONE
All provisions hereof shall run with the lan and shall extend to and bind the
heirs, successors, representatives, grantees or ssigns of the respective parties
hereto.
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VCI CA ITAL, INC.
gy ��..
its - �•
STATE OF MINNESOTA ) ��
� ) ss.
COUNTY OF�n�`�,��)
The foregoing i�istrument was acknowled ed before me this ,�� day of
N�v�w�b�.r , 1998, by �c��r. �- . ��,• � , the�)�� F?�v,�E:� of
VCI Capital, Inc., a corporation under the laws of the State of Minnesota on behalf of
the corporation.
.
Notary Public
BRIAN J. STEINEq
NOTAqY PUgL�C.M�NNESOTA
�f'�xni�on Exp;res J�.91�2000
Meagher& Geer, P.L.L.P.
4200 Multifoods Tower
33 South 6`" Street
Minneapolis, MN 55402
/663786 '
T��:�:���;� �niTERED
�N�'c�,N�,UJR�TY TAJ;PAY�'1 S�RVt�ES
.";" � 1998
,.:�,
�_.�r� ��ra cour���,•t�t�N.
BY DcPUTY I
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Draina e & Conservatio Easement
An easement for drainage & conservation purpose over that part of the West Half of
the Northeast Quarter of Section 6, Township 117 orth, Range 23 West of the 5th
Principal Meridian described as follows: Commen ing at the northeast corner of said
West Half of the Northeast Quarter; thence on an ssumed bearing of South O degrees
06 minutes 01 seconds West along the east line o said West Half a distance of 650.00
feet to the point of beginning of the easement bein described; thence North 82
degrees West a distance of 65.00 feet; thence So th 19 degrees West to its
intersection with line drawn parallel with and 33.0 feet northerly, measured at right .
angles to, "Line A:, said "Line A" being described s follows:
Commencing at the northwest corner of sai West Half of the Northeast Quarter;
then�e o� an as�umed b�aring of South 0 egrees 12 minu#e� East a!ony tt�s
west line of said West Half of the Northeast Quarter a distance of 221.08 feet to
the point of beginning of the centerline bein described; thence South 32
degrees 09 minutes 30 seconds East a dist nce of 216.61 feet; thence along a
tangential curve concave to the northeast h ving a central angle of 39 degree 03
minutes 30 seconds and radius of 319.62 f et a distance of 217.88 feet; thence
South 71 degrees 13 minutes East tangent o last described curve a distance of
1000.00 feet; thence along a tangential cu e concave to the south having a
radius of 650.00 feet to its intersection with he east line of said West Half of the
Northeast Quarter, and said centerline ther ending.
thence easterly along said parallel line a distance f 75.00 feet; thence North 19
degree East to its intersection with said East line f the West Half of the Northeast
Quarter; thence northerly along said East line to t e point of beginning.
Draina e & Conservatio Easement
An easement for drainage and conservation purp ses over that part of the West Half of
the Northeast Quarter of Section 5, Township 117 North, Range 23 West of the 5th
P;;rcipa! �Jleridian which l�es southerly of a line d scribed as follows; Commencinq at
the northwest corner of said West Half of the Nort east Quarter; thence on an assumed
bearing of South 0 degrees 12 minutes East a dis ance of 1555.00 feet to the point of
beginning of the line being described; thence Sou h 85 degrees East a distance of
90.00 feet; thence South 48 degrees 30 minutes ast a distance of 188.00 feet; thence
South 63 degrees East a distance of 52.00 feet; t ence South 41 degrees 30 minutes
East a distance of 130.00 feet; thence South 40 d grees 30 minutes East a distance of
215.00 feet; thence South 5 degrees East a dista ce of 92.00 feet; thence North 75
degrees East to its intersection with "Line B", said "Line B" being described as follows:
Commencing at the southeast corner of sai West Half of the Northeast Quarter;
thence on an assumed bearing of North ai ng the East line of said West Half of
the Northeast Quarter a distance of 1167.9 feet to the point of beginning of
"Line B"; thence on a bearing of West a di tance of 513.35 feet; thence South 39
degrees 17 minutes 30 second West a dist nce of 280.05 feet; thence South 11
degrees 56 minutes 30 second West a dis nce of 345.23 feet; thence southerly
to the southwest corner of the East Half of he West Half of said Northeast
Quarter, and "Line B" there ending,