HomeMy WebLinkAboutFlowage/conservation easement . ... . _ ! ��
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FLOWAGE AND CONSERVATION EASEMENT ACREEMENT
AND WAIVER OF DAMACES
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THIS 1NDENTURE,made anci entered into this Z �d day of March,2005, by and between �j;:
Creekside in Orono, LLC,a Minnesota ]imited liability company and its successors and assigns �'l
(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 ofMinnesota(hereinafter reE'erred lo �
as the"Grantee".)
WITN�SSBTH, Grantor, for and in consideration of the sum of One Dollar($1.00)and cther
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 Siate of Minnesoia:
See attached Exhibit A which is made a part of this doeument
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 or roads of any nature whatsoever,or aziy oiher 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 atlowed 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 shal!
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
�vritten consent of Grantee.
E. No soil, sand, gravel or other substance or materia] as landfill shaU be placed,
dumped or stored upon the Land and no waste, trash or garbage shall be placed,
dumpcd or stored upon the I.and.
F. No use shall be made of the Land except uses, i f 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�vildlife habitat characteristics shall be made of the I.and 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 caus� to be removed from the Land, ;
without any liability,any structures,uses,materials, substances,or uiu�atural
matter inconsistent with the covenants contained herein and lhe natural state of
the Land.
H. Creation and maintenance of non-hardcover walking paths is allowed on the Land.A
private trai]with no more ihan one{l)connecting point to the Luce Line Trail rnay be
constructed pursuant to this section,with prior written approval ot the Minnesota
Depamnent of Natural Resources.
1. Permanent markers of a design and material acceptable to the Planning Director of ,
thc City of�rono shall be placed at all points where this easement intersects a lot ;
�oundafy ur�,�i�ere ti�is easen�e��i Uuur�dsry iine cha,-�gcs ui�cctioa,as noied -vi, �
Exhibit A.
2. Grantor hereby grants,gifts,quit claims and conveys to Grantee,a perpetual flowage
easement and right a��d privitege to trespass with water over and upon any or all of the
Land.
' 3. The existing wood creek crossing bridge is to remain on the Land, The Grantor,or ils
assigns shall have the ribht and obligation to make such use of said Land as is reasonably
necessary and advisable to the maintenance,rcpair or replacement of said bridge.
4. Grantor herein does hereby remiss,release,acquit and forever discharge,forever, the
Grantec and any and all of its officers and employees of and from any and all claims,
demand or c�uses 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 reforenced 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 sssigns.
In addition to any�ther remedy the Grantee may have,the covenants and restrictions
coniained 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 otherwisc, except as hereinabove set forth.
The Grantors herein certifies that tha Land herein described are free and ctear of all
encumbrances except:
a. A mortgage which was made by Creeksida in Orono,LLC,as borrower,to
Construetion 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 bonower,to
Construction Mortgage Investors Co,, as lender,which was dated October
21,2004 And recorde3 October 28,200; as Document No. 4035051.
c. A mortgage which was made by Henry Laznizrz and Creekside iil Orono,LLC,as �
borrowers, to Edina Realty[nc., as lender,which was dated October 22,?004 and i
recorded October?�,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 for installatian and maintenance of utilities over that part of the
property as shown by Document No.998133.
f. An easement in favor of Northem States Power Company,which grants the right,
privilege and easement to construct,operate and maintain elecfic cabies over that
part of the property as shawn by Document No. 1011602. .
g. An easement for sanit�ry sewer purposes over that part of thc property as shown
by Document No. 1137893.
h. An easement for road drainage and utilities over Tract G as shown by Doc�iment
No. to be determined.
All provisions hereof shall run with the Land and shall extend to and bind the heirs,
successors,representatives,grantees or assi,�nns of the respective parties hereto.
CRE�,tCSIDE OF ORO[VU,L`LC
By:
Henry Laz 'arz
Its: Chief Manager/President
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STATE OF MINNESOTA )
) SS. �
CO�Jr?TY OF HENNEPIN )
This instrument was acknowledged before me this �_day of Marcl�, 2005,by Henry
Lazniarz, as Chief Manager/President of Creekside of Orono, LLC,on behalf of the company.
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NOTARY PUBLIC
State Deed Tax Due Hereon:
This instrument was drafted by: •�VENREN�KqRB
Nolary p�bllc ��
City of Orono �+�c��„M�,p"0,e0�?��
P.O. Box 66 '"'1°°9
Crystal Bay, MN 55323
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EXHIBIT A
Legal l)escription 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 1,Creekside in Orono,according to the rccorded plat thereof
lying easteriy and northerly of the following described]ine:
Commencing at the northeast corner of said Lot 7; thence on an assurned 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 comer of said Lot 7;thence South 46 degrees O1 minutes 47
seconds West,along tne northwesterly line of said Lot 7,a dista�;ce 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 20.1 S feet; thence 5outh 1Q degrees 40 minutes a2 scconds i
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, alang 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 L,ot 6 and said line there
terminating.
And
Thai�art of Lat l,and Lot 2,Block l,Creeksida in Orono,according to the recorded p;at 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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Melanie Curtis
From: Melanie Curtis
Sent: Tuesday, February 11, 2014 4:16 PM
To: John Sonnek
Cc: 'Andrew VolkenanY; Jim Lillesve Qiml@charlescudd.com); Lyle Oman; Mike Gaffron; 'Joshua
P. Schneider'; Christine Mattson
Subject: 105 Creek Ridge Pass #2014-00074
Attachments: Creekside Conservation Easement.pdf
John
The building permit for 105 Creek Ridge Pass is still here in our drawer to be issued. I stopped out at the site today to
investigate a tree cutting violation. It appears to me that trees and shrubs were removed from the conservation
easement area within the 50'setback from the west property line. I have attached the Creek Ridge Conservation
Easement document for your reference. Additionally, while I was there I observed a worker in an excavator breaking
frost and removing snow from the site I was unable to determine whether or not any changes to the grade had been
made.
The permit has not been issued. The EXTENT of the work you are allowed to perform without permits is establishment of
erosion control measures, snow removal and (allowed) tree removals. Digging, excavating, frost breaking or altering the
grade is not permitted.
As a result of what appears to be a violation of the conservation easement, prior to issuance of the permit you must move
the silt fence 50'from the west property line establishing the extent of the conservation easement area. If it is
determined that vegetation removals or grading occurred within the 50'conservation easement area you will need to
provide a restoration plan prior to permit issuance.
Please let me know if you have questions. Your cooperation is appreciated.
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtis[c�ci.orono.mn.us
Website: www.ci.orono.mn.us
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