HomeMy WebLinkAboutDOCS-#2268776-v1-Scenic_Easement
SCENIC EASEMENT DECLARATION
THIS SCENIC EASEMENT DECLARATION (“Declaration”) is made this ____ day of ____________, 201__, by Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, “Declarant”).
WHEREAS, on or about the date hereof, Declarant purchased that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Purchased
Parcel”) from the City of Orono, a Minnesota municipal corporation (the “City”);
WHEREAS, as a condition of the sale of the Purchased Parcel by the City to the Declarant, the City requires that the Declarant grant the City a scenic easement on the terms and conditions
set forth herein; and
WHEREAS, Declarant is willing to grant such an easement to the City on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing, and for other valuable consideration the receipt of which is hereby acknowledged, Declarant declares, establishes, agrees and covenants
as follows:
Grant of Easement. Subject to the terms and conditions herein, Declarant hereby grants and coveys to the City a perpetual scenic easement over the Purchased Parcel for the purpose of
preserving the visibility of Stubbs Bay from Bayside Road, a public right-of-way, by limiting the permanent improvements and structures that may be erected, constructed, maintained,
replaced or repaired on the Purchased Parcel to the following: private boat docks and other improvements and appurtenances related to such docks or in furtherance of the use of such
docks. Any such docks, improvements and appurtenances shall be erected, constructed, maintained, repaired, and replaced in accordance with applicable ordinances, laws and governmental
regulations governing or otherwise affecting the Purchased Parcel.
Covenants Run With Land. The terms and provisions of this Declaration shall run with the Purchased Parcel, and shall be binding upon and inure to the benefit of the Declarant, their
successors and assigns, and the City, its successors and assigns.
Rights Reserved. Except for the rights expressly granted herein to the City, all rights in and to the Purchased Parcel are reserved to the Declarant, provided the Purchased Parcel shall
be subject to ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel.
Miscellaneous.
Governing Law. This Declaration shall be governed in accordance with the laws of the State of Minnesota.
Amendment and Waiver. This Declaration may not be modified, waived or terminated except pursuant to an instrument in writing signed by the Declarant, their successors or assigns, and
the City, its successors or assigns.
Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of all or any portion of the Purchased Parcel to the general public or for any public use
or purpose.
Section Headings. The section headings in this Declaration are inserted for convenience of reference only and shall not in any way affect the meaning or construction of the Declaration.
Severability. If any term of this Declaration or any application thereof is invalid or unenforceable, the remainder of the Declaration and any other application of such term shall not
be affected thereby.
Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of the Declaration.
[SIGNATURE PAGE(S) ATTACHED]
IN WITNESS WHEREOF, the undersigned executes this Declaration as of the date first above written.
DECLARANT:
____________________________________
JACOB J. BARKLEY
____________________________________
MAUREEN L. BARKLEY
STATE OF MINNESOTA )
) SS:
COUNTY OF ____________ )
This instrument was acknowledged before me on the _____ day of ____________, 201_, by JACOB J. BARKLEY.
____________________________________
Notary Public
STATE OF MINNESOTA )
) SS:
COUNTY OF ____________ )
This instrument was acknowledged before me on the _____ day of ____________, 201_, by MAUREEN L. BARKLEY.
____________________________________
Notary Public
EXHIBIT A
DESCRIPTION OF THE PURCHASED PARCEL
Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota
This instrument was drafted by:
Best & Flanagan LLP (TGG)
60 South Sixth Street, Suite 2700
Minneapolis, MN 55402
(612) 341-9717