HomeMy WebLinkAbout#1734 Flowage and Conservation EasementFLOWAGE AND CONSERVATION EASEMENT
AND WAIVER OF DAMAGES
'f-(__ r
__ ., THIS INDENTURE, made and entered into this /9 day of J-..,__..,l,,
19cl?, by and between John Burger and Mary ,Jaue Bm; 9 ~ and ,1)ts heirs,
assigns, and successors [hereinafter collective'-ty referred~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 referre~
to as the Grantee).
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 h~rein contained, the
following described Land in the County of Hennepin and State of Minnesota:
Shown as ·the drainage easements on the plat, "Burgers Bayside Second
Addition", Hennepin County, Minnesota
as follows:
1. Grantor(s) hereby covenant 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.
E. No use sha 11 be made of the Land except us es, if any, which
wi 11 not change or a 1 ter the na tura 1 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 her~in 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 al 1 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, demands or causes of action
of any kind or nature whatsoever which may arise or i;iccrue by virtue
of any flowage or trespass with water within terms of these agree-
ments.
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 parties hereto.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /9+11 day of Ju /'fi , 1993 before me a
:e,otary Publ'ic within and for said Countynd State, personally appeared
f-'hr, -Jane t)uQJer, marci'eti known to me to be the person ( s)
des~ribed in' and who executed the foregoing instrument, and acknowledged
that he (they) executed ~he same as his (their) free act and deed.
HASEMAN ~
MY COMMISSION EXPIRES
This instrument was drafted by:
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
4344 IDS Center, Minneapolis, MN 55402
(612) 335-9331
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ✓-+i,, day of A u"i O ":Jf , 1993 before me a Notary
Public within and for said7 County and State, personally appeared
.:Jo1-it1 'Bo~:er, OxtCC,'eJ known to me to be the
person(s) escribed in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his (their)
free act and deed.
e CAROLE A. HASEMAN
NOTAfri PUBLIC-MINNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES B-23-Gll
MY COMMISSION EXPIRES
..
CONSENT TO FLOWAGE AND CONSERVATION EASEMENT
AND WAIVER OF DAMAGES
The undersigned hereby consent to that certain Flowage And
Conservation Easement And Waiver Of Damages entered into by John
Burger and Mary Jane Burger, husband wife, and the city of
Orono regarding Burgers Bayside Sec d A di ion.
...
M.
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
On this /Aay of ~;---:,,<....£>~:--t-----=-' 1993, before me personally
appeared, Christine M. Valer s, fk hristine M. Brickley and Gary
Valerius, wife and husband, to me known to be the persons described
in and who signed the foregoing instr ment, and acknowledge that
they executed the same as their free ct and deed .
•
JAMES D. MAcKINNON
NoTARY Pl.ei.x: • MNiEIGTi\
HENNEPIN COUNTY
MyCclrmssm~ May 21, 1998
THIS INSTRUMENT WAS DRAFTED BY:
James D. MacKinnon
730 East Lake Street
Wayzata, Minnesota 55391