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Home My WebLink AboutFlowage & Conservation Easement - Doc. No. 1273794i273794 FLOWAGE AND CONSERVATION EASEMT tiw AND 'Y;A'-VZTL OF Dl�� GEE I The -Farm at Long Lake - r, THIS INDENTUE, made. this. day of 1978i by and brstween JOHN N. 'HARTWELL,and LUCY,B. EARTWELL, husband and 'wife, the FIRST NATIONAL BANK OF MINNEAPOLIS, a.natio . nal-baiking corporation, and TELA FARM AT LONG LACE; a Mlnneadtageneral: partnership, John X. Hartwell And T1=thy kd&=, sole general partners' (hereinafter collectively referred to as "Grantors"), and the CITY.OF'ORONOi a Minnesota municipal corporation. (hereinafter referred to as "Grantee").. WITNESMUH, M. Hartwell, individually,. - is. the-faei owner, of the. f ollowing, described land situate. in Hennepin County, Minnesota, .;U.,. Lots 1'tbrough. 24,Block 1, The Farm at Long Lake accbrding to. 1 the plat thereof on fil8'and Of TeCoTd'in the ofiica., ..of the Registrar of Titles in and .for said County and� State; that.'Lucy B. Hartwell is married to said John X. Hartwell; that the First.Natioual Bank of Minneapolis Is the mortgagee of said land -under a Mortgage dated August 259 1977 and filed August 31, 1977 as Document No. 1235285; that thei partnership The Farm at Long Lake Is -the purchaser Of said land under a Contract for.Deed dated August 25, 1977; and that Grantor's for and in consideration of the . sum.of One Dollar ($1.00) and.other good and valuable consideration, heieb-k covenant, grant, gift, quit claim and convey to Grantee thi right" to restrict and Grantors agree to limit and preclude. the use, improvement and development, under the cofiditions I RANGF.-Iji MAY It,-) 14LINNCFIN COUNTY, WNN, BY _Q1 V6 C) - *==99= and covenants herein contained, the following described land in.Hennepin. County, Minnesota: t' That part of Lots 5, 6, 7,'16'and 17.,.Block 1, THE FARM AT t.�LONG LAKS,.described 'as beginning at -the shore'of Long Lake and on the most. easterly line of said Lot 7; thence north along said line. of Lot 7 to a.point 121.25 feet south of the �l most.southerly point o£'Dakota Avenue as shoran on"said plat; t_ .thence north 68°.33' 09". west, 249:27 feet to an angle -point tit `� on the west' Tine of said .Lot 7; .thence north 62° 46!T l.' west, 161.40 feet; thence south 59° 51' 12" west, 71.02 feet; ri .thence -north 87° 02' 07" west; 75.01 feet; thence: north 190 17' '05" west,. 101.02 feet;. thence north 530 48' 120'" east, 67.62 feet; thence north 370 12' 04'". meat, 92.4'4 feet to - a �; point on the west line of said Lot 6, 387.28'feet southwesterly. of -the most northerly corner thereof; thence south 791, 241- 47" h west; 177.42%feet to a.'point on the'southweet.line of said Lot. 5, .98.17 feet. southeasterly of.the'tost- westerly corner (A, thereof; thence north' 82a 22' 53" west,' 114-.81 'feet;.. thence south W. 25' 35" west, 63.25 feet; thence .'south -130 18" 361' west;;87.64 feet to a point on ttie.south line of said -Lot I7,; 248 feet westerly of -the' most easterly corner-thereof;-thsnce .� south 26° 56' 54" east,-377.85 feet to a point on the -southerly line of Lot.16, 333.63 feet easterly of the -southwesterly: eorner'thereof; thence south 87' 47' 57:'. east along the.. 'southerly line of said Lot 16, to the shore of .Long. Lake; thence northeasterly along said shore to the'point.of beginning; (herein,."the Land"); as follows; - 2 - Zoe 1. Grantors hereby covenant and agree, except as is otherwise specifically provided herein, that . -. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fireplaces, steps, docks, piers, hard -cover or, roads. of any nature whatsoever, or any other structure h 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'Lantl except as authorized by written consentof Grantee'. C. No earth, loam, peat, gV&Val, 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, grayel or other, substance or material as landfill shall be placed, dumped orstared - 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 for swimming, launching of boats or access to '.boats; and.except-foruses, 3r any, which will 'not change or -alter the natural condition of the :L and, 'nd� 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. Provided, nevertheless and notwithstanding any provision herein to the contrary, Grantors reserve .to themselves, their heirs, successors, representatives, .grantees, and assigns: (1). The right -to pasture horses and -sheep upon the Land and to construct,'maintain, repair and/or.replace a'fenee (and gates) enclosing the pasture area and to maintain; repair and/or re- place existing fences and gates thereupon; (2) The right to -build and maintain mew, temporary fences and gates on the Land at the high water mark at such time or times as a portion of the area within thc.existing fence in under water; (3) The right in the then owner(s) of,.respectively, Lot 7, and Lot 15,- all Block 1, The Farm at Long Lake, each to use a ten foot (101) strip of lakesbore (ten feet per each such lot) (here- in "said ten foot strip") at a place along the lakeshore on such lot then owned by such owner(s) and from time to time desig- nated by such owners) for swimming, boating and other appropriate lake uses, and to use said ten foot strip to construct, repair, maintain and replace a dock not more than six feet in width; provided,however, that said ten foot strip may be used only by such owner(s), members of their family and their social guests; -3- .G. Grantee may enter upon:the Land.for the purposes,ofinspection and enforcement of the covenants contained herein and to cause to be removed from the .L•and•withbut' any liability airy structures, fuses; materials, substances; or unnatural.matter.-,inconsistent with the covenants contained herein and the natural siate.of the.Land. 2. Grantors 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.ail of the Land. 3. Grantors hereby remiss, release, acquit and. discharge,.forever, the Grantee' and any and` all: of its officers and employees of and .from an} 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 the terms of these agreements. in addition to any:otber remiedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantors 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 fortb. -4- '794 The Grantors herein certify.that the Land herein described is free and clear.of.all sncumbrances,except as stated herein. A11 the provisions hereof shall run with the Land and shall exceed to. and bind the heirs, successors, -representatives, grantees or assigns of the respective parties hereto. IN wrrNESS WHEREOF, said Grantors have, sett -Eheir.':hands ,the .day and year first above written. 0HMM. HARTW , -InCliVidUally LUCY B .. RMIME.I Individually FIRST NATIONAL SANK OF MINNEAPOLIS THE FARM AT LONG LAKE Lil By ohn M. Hartwell, General Partner y Timothy ms, General Partner '..;' 197E, by. Bohn. M. U.eL tvaL_ and Lucy . & Hartwell, husband and wife. -. - Ok11RJORlE'4 YICfiLRy •. : �,�. '�� NOTARY. POBLIC'- NIRRfe07A' . Notary' Pub - ' " '/�•/�/, '� NENNEPIN C01lNTY -� ' ✓. `�_ - Nl COmmINNO FA,jra Au,. 1,. 106 - ■ 999 STATE OF MINNESOTA ) . Is. COUNTY .07 .HENNEPIN . ) The foregoing instrument was.aaknowledged by me this Of day. of APRI , 1978, by BA A►�I�R tk� B/FdJIdrAlC CaiFdcEr2 , and il.Hf/I� f T SQA%, o£ First e/p7/hee�1/ki. /�v4N�ernlg..h6�4National' Eaak of Minneapolis,. a uational.banking corporation, on behalf of the corporation:` FEiER J. WESTYee cd-o's :.tOTR.H61Ci _fiva tour Ir Nota Public .. �11maran 11114a1 MAY.1l. 1.94 -STATE. OF MINNESOTA ) 55, COUNTY OF HENNEPIN ) The foregoing instrument was -acknowledged before'me this day'of ' . 1978, by John M.. Hartwell and Timothy^Adams,"sole general partners of The Farm at Long'Lake, a Minnesota general partnership, on behalf of the partnership, ■ MARJORIE L VICKERY ROTARY PUBLIC - MENRERUTA HENNEPIN COUNTY - - Votary Polic MY Comml,■on Es,lrn, A.M. 1i, 1110 ■ ■ STATE DEED TAX DUE UERSON,. Exempt This Instrument Was Drafted bys LEONARD, STREET AND DRINARD-UM 1200 National City Bank Building Minneapolis, Minnesota 55402 - 6- x *s1 h .. e«r.,i�