HomeMy WebLinkAboutpermanent floware/conservation easement/restrictive covenant . . C� �P�
April �, 2007
I have received the originals of the attached letter and easement document and will deliver them
to Mark and Kristin Wilson, owners of 2715 Countryside Drive West. I acknowledge that my
permit (#�/�BZZ-) for their pool is conditioned on their signing the easement document,
providing a legal description, and obtaining their mortgage company's consent to the easement
(if they have a mortgage) before the pool is put into use. I may proceed with installing the pool
but understand that if the Wilsons fail to do this the pool could have to be removed.
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Peterson Pools and Spas, Inc.
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by: `>�•�'�--r--�ti«,
(print name)
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1 CITY of ORONU
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;' ti ' Municipal Offices
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Street Address: Mailing Address:
�`9�'EgK04'� 2750 Kelley Parkway P.O. Box 66
��_--.--- Orono, MN 55356 Crystal Bay, MN 55323�0066
April 23, 2007
Mark and Kristin Wilson
2715 Countryside Drive West
Long Lake MN 55356
Dear Mr. and Mrs. Wilson:
The construction of your pool triggers the requirement that you dedicate a wetland and wetland
buffer easement over and adjacent to the wetland on your property. The wetland is the area that
was delineated last fall. The buffer is 2� feet wide adjacent to both sides of the wetland.
Enclosed are two copies of this document. Please execute one copy and return it to me in the
envelope provided. If you do not have a mortgage simply write that on the page 6. The other
copy is for your records.
The location of wetland as shown by the delineation is slightly different from the location at the
time of the platting of your subdivision (which is reflected by the drainage easement). For that
reason we need you to have the surveyor provide a legal description of the wetland area. Submit
this legal description�vith the signed document. It will be added to Exhibit A (page 5) before it
is filed.
If you should have any questions feel free to call me at 952-249-4623.
Sincerely,
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� Evelyn Turner
City Planner
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W'R'�{'.ci.urono.mn.us
(re.rerved,(or recording in/orn:u[ion)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this day of , 2007, by and between Mark
E. Wilson and Kristin E. Wilson husband and wife, the Grantors, and the CITY OF ORONO, a
Minnesota municipal corporation("City").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby create and grant tmto the City a
permanent flowage and conservation easement for the purposes set forth in this instiument, over,
under, ar.d acr�ss the weNnntl a.nd H�et!�nd�siffer as describPd in the legal description and site p1.an
attached hereto as Exhibit A (the "easement premises").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
l. That the following are prohibited in perpetuity within the wetland:
�`.. Constructing, installing, or maintaining anything made by man, inc!uding
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
hOµrr��a,µlkc �uhP,� �t���x,ed b�� Cit�� pr�in�nra ana iinr�Pr � v�11C� �ll�
permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors may remove brush, diseased or dead trees of any size, and
noxious weeds.
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C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles, playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees �reater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove
brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
" F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. 1 he application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3 Maintenance of Wetland Buffer. The wetland buffer, measuring 25 feet in width at all
points surrounding the wetland and as shown in Exhibit A, shall be maintained by
Grantors �in perpetuity as an "acceptable buffer area" as described within City
Ordinances, free from mowing or other vegetative disturbance, fertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
buffering flows into the wetland.
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4. Grantors for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
5. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching; the study of
nature; and all other acts of a similar nature or purpose.
6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage
easement and right and privilege to trespass with water over and upon any or alt
of the Easement Premises.
7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
the City 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.
8. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
Mark E. Wilson
Kristin E. Wilson
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EXHIBIT A
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND:
That part of Lot 4 Block 3 Crystal Bay Road Addition Hennepin County Minnesota
described as follows:
WETLAND BUFFER:
Strips of land 25 feet wide adjacent to the WETLAND described above.
(Attach Survey)
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. � � .
MORTGAGE HOLDER
CONSENT TO EASEMENT
, which holds mortgages on all or part of the property more
particularly described in the foregoing Grant of Conservation Easement, which mortgages are
dated , and recorded as Document No. of the
County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is
subject to the foregoing Grant of Conservation Easement.
BY:
Its
AND
Its
STATE OF MINNESOTA )
)ss.
COtTNTY OF )
The foregoing instrument was acknowledged before me this day of
,
2007, by and by
the and
of , on its behalf.
NOTARY PUBLIC
DRAFTF.D BY:
Campbell Knutson
Professio�ia!Associntion
317 Eagandale Ot�ice Center
1380 Corporate Center Curve
Eagan,Minnesota 5�121
Telephone:(651)452-5000
MKB
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