HomeMy WebLinkAbout1977-12-15 Conservation EasementFLOWAGE A%U CONSERVATIO'I FASE" E','
Ah0 WAIVER OF OArtAGES
THIS INDENTURE. made r 4 entered into thi; /D rjy day of hpv,2rber,
1977. by and between William S. Kelley, Jr.. a single person, his successors
and assigns (herein collectively referred to as the "Grantor") and the City
of 3rvnw. its successors a,d assigns, a municipal corporation under the laws
of the State of Minnesota (herein referred to as the "Granteft').
WITNESSETH. Grantor, for and in consideration of the sun of one
Dollar and other good and valuable consideration, hereby covenants, grants.
gifts, quit claims and conveys to Grantee the riqht to restrict and Grantor
agrees to limit and preclude the use, improvement and development, under the
conditions and covenants herein contained of the following described Land
In the county of Hennepin and State of Minnesota;
That part of lot 3. Block 1. Bill Kelley's land, described as
beginning at a point on the east line of said Lot 3, 517 feet
south of the northeast comer thereof; thence north 0' 25, 50"
west to the northeast corner of said Lot; thence south 89. 46'
01" west along the north line of said lot. 298 feet; thence
south 4. 14' east. 384 feet; thence south 64' 06' 01" east,
304.08 feet to the point of beginning.
Also that part of Lot 4, Block 1, Bill Kelley's Land. de-
SCrUpad as beginning at a point on the north line of said
Lo 3. 77 feet east of the northwest corner thereof; thence
So' -02' 46' ^1" west to Suid hJrLliwest Burner; Uivns a south
0. 25' 50• east, along the west line of said lot, 517 feet;
thence south 83' 06' east, 44 feet; thence north 3. 13' 25"
east, 523.41 feet to the point of beginning.
Also that part of lot 4. Block 1. Rill Kelley's Land, de-
scribed es beginning at a point en the east line of said
Lot 4, 310 feet south of the northeast corner thereof;
thence south 0' 25' 50" east along said east line, 182
feet; thence south 82' 04' 23" west, 274.01 feet; thence
north 3. 13' 25" cast. 116 fee.; thence north 68° 28' 03"
east, 283.27 feet to the M nt of beginning.
as follows:
1. Grantor hereby fovenants and agrees:
A. No structu+es shall be constructed, erected, or placed upon, above.
or beneath the Land inciudir.y without linitation, fences, fireplaces, steps.
docks. piers. hard -cover or roods of any nature whatsoever, or any other struc-
ture or improvement inconsistent with the natural state of the land.
B. No trees. shrubs or other vegetation shall be destro,.:d. 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 raterial
or substance shall be moved or rer-oved from the Lard and there shall to no
dredging or excavation of any nature w atseeyor or any change cr th" tona-
graphy of the Land wite.out the written consent of Grant-.
I' 1. 1 1 177
D. No soil, sand, gravel or Other substance or matori.il as landf'll
shall be placed, dumped or stored upon the Land and no waste, trash or garbagr
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 purpose 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. substanca�, or
unnatural matter inconsistent with the covenants contained herein and the natural
state of the Land.
2. Grantor 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. Grantor herein does 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 accrue by virtue of any flowage or tres-
pass 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 does 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 herein certifies that the Land herein descrif�d is free
and clear of all encuwbrauces.
All the 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.
—'`William 5. Ke eyt
STATE OF MINNESUTA)
COUNTY OF HENNEPIN ss.
�ss
On this W day of November. 1977, before me. a Notary Pub IIc with-
in and for said County and Statz, personally appeared WILLIA14 S. KELLEY. JR,.s.•�•
to me personally known. who being by me duly sworn did say that he has signed
the foregoing instrument as his own free act arR'T'tieed. �l
I u otar y { ' -
THIS INSTRUMENT WAS DRAFTED BY
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•' W 7Y�yyJ�wFf rl�
BRUCE R. KELLEY r.eo•,t�nvr
2815 Wayzata Boulevard ' .01"", P~ • M% '
err.• ►orr•
Minneapol+s. Minnesota 55405 �•w.•.
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