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Home My WebLink AboutFlowage & Conservation Easement AgreementI ' 7030758 FLO WAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this /Jl!!Jay of ,xp/emb-(}v , 19 99 , by and between Gary R. Valerius and Christine M. Valerius, * , and its heirs, assigns, and successors [hereinafter collectively refened to as the Grantor(s)] and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee.) *husband and wife WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: as follows: 1. The Drainage Easements as dedicated to the public in Lots 1 and 2, Block 1, VALERIUS ADDITION. Grantor(s) hereby covenant(s) and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks~ piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. Page I of 3 E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be 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 covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) 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. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective ties hereto. Page 2 of 3 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) day of A This instrument was acknowledged before me this J. t../ f'A llH1 5 .f-, 19 iS___, by (!__fi ,..,•-5-f-i'n "L frl · U4 !-er-/u 5 1 ' J ---~~~--~~~~~~---- (Y) 4 C C,· r: d , wife of Gary R. Valerius LINDA S. VEE NOTARY PUBLIC -M INN ESOTA HENNEPI N COUNT Y My Com missi on Exp ires Jon. 31. 20 00 ~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 0ARYPUBLIC This instrument was acknowledged befo',i me this / tJ#i . d_'!:' of ::}x_p/?rnb.ev , 19 q f , by Gar{t ~ Ua..,/ e,r /µ5 1 /J?tt,,rr, UL husband of Christine M. Valerius JAMI E L. GEMAR NOTARY PUBLIC-M INNESOTA HENNEPIN COUNTY My Commission Exp ires Jan. 31, 2000 STATE DEED TAX DUE HEREON : This instrument is drafted by: City of Orono P.O. Box66 Crystal Bay, MN 55323 1::~~~~ )'!B;filtJnl1! OOliµ,!/i.Y{lt;:-,.·,:.-fi-?11:~IS!il~H® BEe ~-U: 1S'Qi . ~ffi?lNO:~~ffY MIN N, ~~-··-------.;._ocfDUTY Page 3 of 3 ,, ' CONSENT The undersigned ("Mortgagee") having an interest as mortgagee in the property described in the foregoing Flowage and Conservation Easement and Waiver of Damages ("Easement"), pursuant to that certain Mortgage dated July 26, 1991, filed August 8, 1991 , as as Document No. 5812206, with the County Recorder in and for Hennepin County, Minnesota, ("Mortgage") hereby consents to the Easement and further agrees that the Mortgage is subject and subordinate to the agreements contained in the Easement. IN WITNESS WHREOF, the undersigned has caused this Consent to be executed effective as of December 23 , 1998. MORTGAGEE Principal Life Insurance Company, f/k/a Principal Mutual Life Insurance Company . : ,. ,.. , . ·-; ··'.' . ·, ~Y....,<--;.~:........<...,<-l----A-l,,~,-.=..,,.-'-·' ,......:·•___;•-----.., Sam Rizzuti , Its ...L:l.ll'-"-'-""-'-'-=""-';"-l'-4111-'~""=-1'.-"'"'-~q : ·' .. A ,,-, !', -·:,.-._·c,/.-. STATE OF _I_ow_a ____ ) ) COUNTY OF_P_o_l k ___ ) This instrument was acknowledged before me on _D_e_c_em_b_e_r_2_3 ____ _ 1998, by Sam Rizzuti the Authorized Signatory of Principal M1:1-h:1ttl. Life Insurance Company,*a corporation under the la _ s of Iowa on behalf of the corporation THIS INSTRUMENT WAS DRAFTED BY: Hinshaw & Culbe1t son 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 ( 612)333-3434 f.i)''•i . . 0 S.HUMPHREY MY COMMIS SION EXPIRES June 24 , 2000 CONSENT The undersigned ("Mortgagee") having an interest as mortgagee in the property described in the foregoing Flowage and Conservation Easement and Waiver of Damages ("Easement"), pursuant to that certain Mortgage dated October 7, 1996, filed December 3, 1996, as Document No. 6671309, with the County Recorder in and for Hennepin County, Minnesota, ("Mortgage") hereby consents to the Easement and further agrees that the Mortgage is subject and subordinate to the agreements contained in the Easement. IN WITNESS WHREOF, the undersigned has caused this Consent to be executed effective as of 1:)e,rP=~A l \(, 1998. STATE OF (Y\,111\e..Sc)\C-\.. ) ) COUNTY OF \.\e,f\ne. 'f?~"' ) MORTGAGEE State Bank of Long Lake This instrument was acknowledged before me on 'vec . \ <t> , 1998, by ~O<nC6 '() --:S-ovw'E::Dl-\ the \ o G\I"'\ o c;: Ccc.-ev of State Bank of Long Lake, a corporation under the laws of Minnesota on behalf of the corporation . THIS INSTRUMENT WAS DRAFTED BY: Hinshaw & Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 ..., .. .., .. ..., ................................ --..,,..,, t ~·:·'.:·:::••·· MARCIA PLOTNIK 1 ~ (tir.,,.;~-rl, NOTARY PUBLIC-MINNESOTA ' I \~~y WRIGH~ COUNTY t l ~ ... ;,;.~•· My Comm. Expires Jan. 31, 2000 1 ~---..-M4111!11f••-·· .. ••dlllllJ•• .. ··•·· ....... ··...,· CONSENT The undersigned having an interest as owner and contract for deed vendor in the property described in the foregoing Flowage and Conservation Easement and Waiver of Damages ("Easement"), hereby consents to the Easement and further agrees that their interests are subject and subordinate to the agreements contained in the Easement. IN WITNESS WHREOf,..i,, the undersigned has caused this Consent to be executed effective as of J1. ~lef,'1998. STATE OF ffi~C\{\e.~°'-) ) COUNTY OF \\_e\'"\'r\€ f ~,,..., ) Jlim1~~4Ae~ Mary Jan ' rger This instrument was acknowledged before me on =u ec . \ <3-\-~ 1998, by John Burger and Mary Jane Burger, husband and~w_..· ~- THIS INSTRUMENT WAS DRAFTED BY: Hinshaw & Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 ( 612)333-3434 , ................................................ , ... ......... ftAARCIA i • <.;;..·;.·,'.'\ I "', PLOTNIK : :(r"'~/.i1b t.0TA!1( PUBLIC-MINNESOTA , f ~~~/ WR!GHT COUNTY i ~..... My Comm. Expires Jan.31.2000: , ................................................ ! {~j .·!,, .... _ _. I,.•~ .... '!'- , • .·, . . ' ,, _., f . .s;, . ...... ,.(( . ..,. --;-.,. ...... I l \ I I l • ,, , .. . --~•JI#, ..... ··-·, ... ~ (,J ...... 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