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FLOWAGE AND CONSERVATION EASEMENT AGREEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this�_day of January, 2005, by and between
Creekside in Orono, LLC, a Minnesota limited liability company and its successors and assi�ns
(hereinafter collectively referred to 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 the "Grantee".)
WITNESSETH, Grantor, 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 agrees 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:
See attached Exhibit A which is made a part of this document
as follows:
1. Grantor(s) hereby covenant(s) 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 ar roads of any nature whatsoever, or any other structure or
improvement inconsistent with the natural state of the Land.
B. No domestic animals, including but not limited to horses, sheep, chickens, etc. shall
be allowed on the Land.
C. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the
Land except as authorized by written consent of Grantee.
D. No earth, loam, peat, gravel, soil or any other natural material or substance sha11
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.
E. 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.
F. 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.
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G. 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 unnattiral
matter inconsistent with the covenants contained herein and the natural state of
the Land.
H. Creation and maintenance of non-hardcover walking paths is allowed on the Land.A
private trail with no more than one(1) connecting point to the Luce Line Trail may be
constructed pursuant to this section, with prior written approval of the Minnesota
Department of Natural Resources.
I. Permanent markers of a desib and material acceptable to the Planning Director of
the City of Orono shall be placed at all points where this easement intersects a lot
boundary or where this easement boundary line changes direction, as noted on
E�-►ibit A.
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 ar all of the
Land.
3. The existing wood creek crossing bridge is to remain on the Land. The Grantor, or its
assi�ns shall have the right and obligation to make such use of said Land as is reasonably
necessary and advisable to the maintenance, repair or replacement of said bridge.
4. 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,
demand or causes of action of any kind or nature whatsoever which may arise or accrue
by virtue of any (i) flowage or trespass with water within terms of these agreements or
(ii) the maintenance,repair or replacement of said bridge referenced in Section 3 hereof and
any path, if any, created by virtue of Section 1(H) above, which was specifically performed
by Grantor or its assigns.
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 Grantors herein certifies that the Land herein described are free and clear of all
encumbrances except:
a. A mortgage which was made by Creekside in Orono, LLC, as borrower, to
Construction Mortgage Investors Co., as lender, which was dated October
21,2004 and recorded October 28, 2004 as Document No. 4035050.
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b. A mortgage which was made by Creekside in Orono, LLC, as borrower, to
Construction Mortgage Investors Co., as lender, which�vas dated October
21,2004 and recorded October 28,2004 as Document No. 4035051.
c. A mortgage which was made by Henry Lazniarz and Creekside in Orono, LLC, as
borrowers, to Edina Realty Inc., as lender,which was dated October 22, 2004 and
recorded October 28.2004 as Document No. 4035052.
d. Rights of adjoining owners to concurrent use of the easement for driveway
purposes over Tract G, Registered Land Survey No. 352, as contained in deed
Document No. 432783.
e. An easement far installation and maintenance of utilities over that part of the
property as shown by Document No. 998133.
£ An easement in favor of Northern States Power Company, which grants the right,
privilege and easement to construct, operate and maintain electric cables over that
part of the property as shown by Document No. 1011602.
g. An easement for sanitary sewer purposes over that part of the property as shown
by Document No. 1137893.
h. An easement for road drainage and utilities over Tract G as shown by Document
No. to be determined.
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.
CREEKSIDE OF ORONO, LLC
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By: �.���C' ' ., �' 1.r�,,v'
Henry n' z �: �
Its: Chief M ager/President
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
On this_��d y of January, 2005, Henry Lazniarz personally appeared before n�e,
�who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of , a credible
witness and who executed the foreQoing instrument, and acknowledged that
he/she/they executed the same as his/her/their free act and deed.
;:��,�t:.,r;. a /' �
•••?'� DEBr�A S.NELSON
r�;��.L,-�,<�a � _ � .✓ �
�,.Tys,,:,-- ;:' NOTARY PUBLIC-MINNCSOTA , ` �
"%��r"�'�''�� My Commission Expires 1-31-2005
«.:��.��� Notary Public ~
STATE DEED TAX DUE HEREON:
This instrument is drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
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EXHIBIT A
Legal Description for Conservation & Flowage Easement
For Creekside In Orono
Outlot A, Creekside in Orono, according to the recorded plat thereof.
And
That part of Lot 6 and Lot 7, Block l, Creekside in Orono, according to the recorded plat thereof
lying easterly and northerly of the following described line:
Commencing at the northeast corner of said Lot 7; thence on an assumed bearing of
North 89 degrees 24 minutes 24 seconds West, along the north line of said Lot 7, a
distance of 122.98 feet, to a corner of said Lot 7; thence South 46 degrees Ol minutes 47
seconds West, along the northwesterly line of said Lot 7, a distance of 10.57 feet,to the
point of beginning of the line to be described; thence South 21 degrees 06 minutes 57
seconds West, a distance of 20.15 feet; thence South 10 degrees 40 minutes 42 seconds
West, a distance of 49.02 feet; thence South 0 degrees 57 minutes OS seconds East, a
distance of 235.95 feet; thence southeasterly a distance of 59.31 feet, along a non-
tangential curve concave to the northeast, having a central angle of 84 degrees 57 minutes
27 seconds and a radius of 40.00 feet, the chord of said curve bears South 44 degrees 04
minutes 43 seconds East; thence South 86 degrees 33 minutes 26 seconds East a distance
of 56.54 feet, to an angle point in the east line of said Lot 6 and said line there
terminating.
And
That part of Lot l, and Lot 2, Block 1, Creekside in Orono, according to the recorded plat thereof
lying westerly of a line 50 feet easterly of and parallel with the westerly line of said Lot 2 and its
northerly extension.
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