HomeMy WebLinkAbout#2412 Flowage & Conservation Easemtn and Waiver of Damages6998370
FLOWAGE AND CONSERVATION EASEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this d(j)& day of O,)t,v A-~1998,
by and between VCI Capital, Inc. a Minnesota corporation, and its successors and
assigns (collectively referred to hereinafter as the "Grantor") and the City of Orono, its
successors and assigns, a municipal corporation under the laws of the State of
Minnesota (hereinafter referred to as "Grantee").
WITNESSETH, Granter. for and in consideration of the sum of One Dollar
($1 .00), and other valuable consideration, hereby covenants, grants, gifts, quit claims
and conveys to Grantee the right to restrict, and Grantor agrees to limit and preciude
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:
See Exhibit A attached hereto and made a part hereof (the "Land")
as follows :
1. Granter hereby covenants and agrees:
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 , except that nothing in this Flowage and
Conservation Agreement shall prohibit Granter from constructing a
private dock on the Land to provide access to Lake Minnetonka in
the event that Granter is successful in obtaining the necessary
permits for such dock from the City and any other agencies which
may regulate docks or wetlands .
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 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 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
arid 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. Granter hereby grants, gifts, quit claims and conveys to Grantee, a
perpetual flowage easement and right and privilege to trespass with water
over and upon any or all of the Land.
3. Granter herein does hereby remiss, release, acquit and 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 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.
Granter does not intend that the public shoJld have any interest in the above
land by virtue of this indenture or otherwise, except as hereinabove set forth.
The Granter herein certifies that the land herein described is free and clear of all
encumbrances except:
NONE
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.
2
,; . .. ,
VCI CAPITAL, INC.
By ~~ c. ~ )l~
Its I 2 ~ , c: eu wf2t_ ,,1/C
STATE OF MINNESOTA )
< ) ss.
COUNTY OF~"C\~)
The foregoing instr~ment was acknowledged before me this :7: VI°' day of
Nc\JQW\1o€ . .r , 1998, by c5\-Guu--c..... u2>h Ae.-, the \) \(_,q__, fus i d)~d of
VCI Capital, Inc., a corporation under the laws of the State of Minnesota on behalf of
the corporation .
Meagher & Geer, P.L.L .P.
4200 Multifoods Tower
33 South 6th Street
Minneapolis, MN 55402
/663786
TR ANSFER ENT GRED
lnE NM Ei~IN COUI\JW TAXP AY l!A ~VteE!S
NO \/ 5 1998
~ COUN TY l\,t!NN.
BY ~ Dc:PUTY
3
Notary Public
e BRIAN J. STEINER
NOTARY PUBLIC. MINNESOTA
. My Commlaslon Exp/re,Jan, 31, 2000
Drainage & Conservation Easement
An easement for drainage & conservation purposes over that part of the West Half of
the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th
Principal Meridian described as follows: Commencing at the northeast corner of said
West Half of the Northeast Quarter; thence on an assumed bearing of South O degrees
06 minutes 01 seconds West along the east line of said West Half a distance of 650.00
feet to the point of beginning of the easement being described; thence North 82
degrees West a distance of 65.00 feet; thence South 19 degrees West to its
intersection with line drawn parallel with and 33.00 feet northerly, measured at right
angles to, "Line A:, said "Line A" being described as follows:
Commencing at the northwest corner of said West Half of the Northeast Quarter;
thence on an assumed bearing of South 0 degrees 12 minutes East along the
west line of said West Half of the Northeast Quarter a distance of 221.08 feet to
the point of beginning of the centerline being described; thence South 32
degrees 09 minutes 30 seconds East a distance of 216.61 feet; thence along a
tangential curve concave to the northeast having a central angle of 39 degree 03
minutes 30 seconds and radius of 319.62 feet a distance of 217.88 feet; thence
South 71 degrees 13 minutes East tangent to last described curve a distance of
1000.00 feet; thence along a tangential curve concave to the south having a
radius of 650.00 feet to its intersection with the east line of said West Half of the
Northeast Quarter, and said centerline there ending.
thence easterly along said parallel line a distance of 75.00 feet; thence North 19
degree East to its intersection with said East line of the West Half of the Northeast
Quarter; thence northerly along said East line to the point of beginning.
Drainage & Conservation Easement
An easement for drainage and conservation purposes over that part of the West Half of
the Northeast Quarter of Section 5, Township 117 North, Range 23 West of the 5th
Principal Meridian which lies southerly of a line described as follows; Commencing at
the northwest corner of said West Half of the Northeast Quarter; thence on an assumed
bearing of South O degrees 12 minutes East a distance of 1555.00 feet to the point of
beginning of the line being described; thence South 85 degrees East a distance of
90.00 feet; thence South 48 degrees 30 minutes East a distance of 188.00 feet; thence
South 63 degrees East a distance of 52.00 feet; thence South 41 degrees 30 minutes
East a distance of 130.00 feet; thence South 40 degrees 30 minutes East a distance of
215.00 feet; thence South 5 degrees East a distance of 92.00 feet; thence North 75
degrees East to its intersection with "Line B", said "Line B" being described as follows:
Commencing at the southeast corner of said West Half of the Northeast Quarter;
thence on an assumed bearing of North along the East line of said West Half of
the Northeast Quarter a distance of 1167.98 feet to the point of beginning of
"Line B"; thence on a bearing of West a distance of 513.35 feet; thence South 39
degrees 17 minutes 30 second West a distance of 280.05 feet; thence South 11
degrees 56 minutes 30 second .West a distance of 345.23 feet; thence southerly
to the southwest corner of the East Half of the West Half of said Northeast
Quarter, and "Line B" there ending,
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