HomeMy WebLinkAbout1978-04-17 Ammendment to EasementCONSAhiE'Iv
FLUi!AGE AND CUNSERVRVA'tiO.1 E•:ASEMI:N'1'
AND WAIVER OF DAMAGES
Re: the Mat of itin(.tr..0
The Farm at Long Lake Ryv++•�
Iiennepin Couuty, Minnesota
one 11lock, Lots 1-24
THIS AMENDMI:.n to Flowage and Conservation Easement and
Waiver of Damages ib made this - _ day of 1982,
amongst THE FARM AT LONG LAKE, a hlirinesota general partnership
consisting of John Fi. Hartwell and Ti.anthy Adams, sole general
partners (owners of Lots 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 16,
17, 18, 19, 20, 21, 22, 23 and 24), Randy V. Rosengren and Linda
C. Rosengren, husband and wife (owners of Lot 5), Marvin E.
Seibold and Helen E. Seibold, husband and wife (owners of Lot 6),
Joseph !I. Offerman and Lucille Offerman, husband and wife (owners
of Lots 7 and 8), Timothy Adams and Mary S. Adams, husband and
wife (owners of Lot 15) andjthe First Natio::al Bank of
Minneapolis, a national banking corporation (mortgagee of Lots 1,
2, 3, 4, 9, 10, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23 arid 24)
(hereinafter collectively referred to as "(;rantors"), and the CITY
OF ORONO, a Minnesota municipal corporation, on behalf of the
public (hereinafter referred to as "Grantee").
WHEREAS, there is a Flowage and Conservation Easement and
Waiver of :Damages dated April 17, 1978, recorded in the office of
the Registrar of Titles, Hennepin County, Minnesota, on May 22,
1978 as Document No. 1273794, encumbering the land described
herein; and
WHEREAS, the above named parties are the present parties
in interest in all of the lots the plat of The Farm at Long Lake,
and the said parties wish to amend the said easement and waiver of
damages to provide that the owner(s) of 1,ot 6, Block 1, The Farm
at: Long Lake, shall have the right to place a dock on Long Lake
all as set forth below.
NOW, THEREFORE, the Grantors and the Grantee, in consid-
eration of $1.00, the mutual covenants herein, and the public
interest, agree to amend the aforesaid Flowage and Conservation
Easement and Waiver of Damages, Document No. 1273794, affecting
the following described land in Ilennepin County, Minnesota,
to -wit:
That part of Lots 5, 6, 7, 16 and 17, Block 1, THE.
FART AT LONG LAKE, described as beginning at the
shore of Long Lake and un the most easterly line of
said Lot 7; thence north along said line of Lot 7
to a point 121.25 feet south of the most southerly
point of Dakota Avenue a3 shown on said plat;
thence north 68' 33' 09" west, 249.27 feet to an
angle point on the west line of said Lot 7; thence
nortli 82' 46' 17" west, 161.40 feet; thence south
59' 51' 12" west, 71.02 feet; thence north 87' 02'
07" west, 75.01 feet; thence north 19' 17' 05"
west, 101.02 feet; thence north 53' 48' 20" east,
67.62 feet; th.nce north 37' 12' 04" west, 92. feet
to a point on the west line of said Lot 6, 3117.211
feet southwesterly of the most northerly corner
thereof; thence south 79' 24' 47" west, 177.42 feet
to a point on the southwest line of said Lot 5,
78.17 feet southeasterly of the most %,est,!rly
corner thereof; thence north 82' 22' ,3" west,
114.81 feet; thence south 41' 25' 35" .,est, 63.25
feet; thence south 13' til' 3b" west, 87.64 feet to
a point on the south line of said Lot 17, 243 feet
westerly of the most easterly corner thereof;
thence mouth 26' 56' 54" east, 377.85 fret to a
point on the southerly line of Lot 16, 333.63 feet
easterly of the southwesterly corner thereof;
thence south 87' 47' 57" east along the southerly
Line of said Lot 16, to the shore of Long Lake;
thence northeasterly along said shore to the point
of beginning;
as follows:
1. Paragraph 1(F)(3) of the aforesaii Flowage ani Conser-
vation Easement and Waiver of Damages is deleted in its entirety
and in its place and stead the following paragraph 1(F)(3) shall
be inserted:
;(f)(3) 'rhe right in the then owner(s) of, respectively,
Lot 6, Lot 7, and Lot 16, all Block 1, The Farm at
Long Lake, each to use a ten foot (10') strip of
lakeshore (ten feet per each such lot) (herein
"said ten foot strip") at a place along the
lakeshore on such lot then )wned by such owner(s)
and frau tine to time designated by such owner(s)
for swiaming, boating and other appropriate lake
uses, and to use said ten foot strip to construct,
repair, maintain and replace a dock riot uxore than
six feet in width; provided, however, that said ten
foot strip may be used only by such owner(s),
members of their family and their social guests;
(New language underscored for emphasis only.)
This amendment has the practical effect of allowing the said Lot G
to have a dock on Long Lake, increasing the number of lots in this
plat which have that right from two (2) to three (3).
2. In all other respects the aforesaid Flowage and
Conservation Easement acid Waiver of Damages is ratified and
affirmed.
IN WITNESS WHEREOF, the parties hereto have set their
hands the day and year first above written.
GRANTORS
THE FARM AT LONG LAKE,
a Minnesota general partnership
By___
—
John M. Hartwell,
a general partner
Marvin E. Seibold' -
Randy V. Rosengren '--
Joseph H. Offerrnan
Timothy Adams
FIRST NATIONAL BANK OF MINNEAPOLIS,
a national banking corporation
(as mortgagee)
BY
GRANTEE
CITY OF ORONO
13y
an officer
--------M'.iyor
and By
'AdinEn- istratOr
3
And
Timothy Adame, '—�` "'
a general partner
Helen E. Seibold
Linda C. Rosengren
Lu'cill'e Off'erman'-�
Mary S. Adams