HomeMy WebLinkAbout#2306 Flowage & Conservation EasementFLOWAGE AND CONSERVATION EASEMENT
AND W AIYER OF DAMAGES
THIS INDENTURE, made and entered into this 2lsftlay of _N_o_v_em_b_e_r ____ ..;....__
19__2_?, by and between Dennis L. Platteter · , and its
heirs, assigns, and successors [hereinafter collectively 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 referred 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 herein contained, the following described Land
in the County of Hennepin and State of Minnesota:
As shown "Drainage Easement" on the plat of Winds Reach Estates,
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 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 grarit, 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 amy 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 · J.. /§:day of )IHA-e~ , · 19 91 , before me personally appeared .
J)~ j_. !Lc~LVL, · , to me known to be the person(s) described
in and who signed the foregoing instrument, and acknowledge that they executed same as their
free act and deed.
NOTARY PUBLIC
STATE DEED TAX DUE HEREON:
This instrument is drafted by:
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
3300 Piper Jaffray Tower
Minneapolis, MN 55402
(612) 333-4800
LINDA S. VE E
NOTARY PUBLIC -M INNESOTA
HENNEPIN COUNT Y
My Commissio n Expire s Jan. 31, 2000