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Home My WebLink AboutFlowage/conservation easement . f �aC`.� 1��5>d�. �.o�--- Transfer Entered Dec 12, 2014 10:00 AM Hennepin County, Minnesota Doc No A10144621 Mark Chapin Certified, filed and/or recorded on County Auditor and Treasurer Dec 12, 2014 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1184112C Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (reserved for recording information) GRA.NT OF PERMANENT FLOWAGE AND CONSERVATI�N EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AGREEMENT(the"Agreement"}made this�day of December,2014,by PETER H.RENNEBOHM and SHARON A. R.ENNEBOHM,husband and wife, by their Attorney-in- Fact, John B. Biglow("Grantors"),in favor of the CITY OF ORONO,a Minnesota municipal corporation("Cit},,,) WITNESSETH: The Cnrantors, in consideration of good and valuable consideration paid by the City,tne receipt and sufficiency of which is hereby acknowledged,hereby create and grant 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 whi.ch is legally described on Exhibit"A"and depicted on Exhibit"B"attached hereto(the "F,asement Premises"), The Grantors,their heirs,successars and assigns,hereby covenant and agree 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. Canstructing, insta.11ing, 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 1 179312v4 t under a valid City permit. Creation and maintenance of non-hardcover walking paths may be allowed. B. Cutting,mowing or removing shrubs or othex vegetation, and cutting, destroying ar removing txees 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 stortnwater 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 animnals{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. Ri�hts of the Citv. Grantors,their heirs;successors and assigns, further grant to the City the affirmative right,but not the obfigation,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 ta enforce compliance with the terms of this Agreement. 3. Reservation of Rights of Grantors. Grantors reserve for themselves and for their heirs, successors and assigns and their invitees, the right to enter upon the Easement Premises 2 179312v4 and to do and perform on the Easernent Premises such acts as are not inconsistent with the easement rights granted to the City herein, Such uses shali be deemed to include, but not be Iimited 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 aIl other acts of a similar nature or purpose. 4. Grant of Flow�e Easement. Grantors hereby grant, gift, quit claim and convey to the City a perpetua.l flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. 5. Release. Grantors hereby remiss,reiease, acquit and forever discharge, 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 ar nature whatsoever which may arise or accrue by virtue of any flowage or trespass�rith water over and upon any or ali of the Easement Premises within the terms of this Agreement. 6. No �mplied Easement. None of the Easement Premises shall be 'vmplied to include the drainage and utility easements as dedicated on the plat of Ba}Tside Berry Farm, Hennepin County, Minnesota(the "Plat"). The Easement Premises shall only include the area depicted on the Plat as the "Drainage Easement." 7. No Public Interest. Nothing contained herein or the dedication in the Plat shall be constxued 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 only by an instrument signed by the City and the Grantors, or its respective heirs, successors and assigns in interest to the Easement Premises. IN WITNESS WHERE�F,the Grantors hereto have executed this easement effective as of the day and year set farth above. GRANTORS: � /�,-�� -.� �-- Joh . Biglow, e Attorney-in-Fact for Peter . Rennebo and Sharon A. Rennebohm 3 179312v4 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) T'he fore oin instrument was aclaiowled ed before me this � g g g \ day of December, 2014,by John B. Biglow, as the Attorney-in-F o er H. Rennebohm and Sharon A. Rennebohrn, husband and wife, Crrantors. � No blic o.��-wr LYNA T.VANDERLINDE y' ' ��°; NOtary PUbIiC ^��;�_.�� State of MinnEsota °,\;;,��±a' My Commission Expires January 31 , 201 5 -�.�.-.� INSTRUMBNT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Associatdon 3I7 Bagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: 612 452-SQ00 SMM/jmo 4 1793IZv4 i EX�IT "A" TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETL.AND A permanent easement for wetland flowage and conservation purposes over, under and across the drainage easement as shown on the Plat in Lots 1 and 2,Block 1, Bayside Berry Farm and in the northwest corner of said Lot 2. :. 5 179312v4 • r � . i EXI�BIT ��B'� TO GRANT OF PERMANENT FLOWAGE ANI) CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND �AYSIDE B�RRY FARM WETLAND EXHIBIT - ' o - — -- _ � � BAYSIDE ROAD g ` -� � ........ • s es•asar e ees.�e � � :��' �°u�.00 �"��'m o�$' � 9��+� 388.41 NORTH LINE OF NW 7/4 . 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