HomeMy WebLinkAboutFlowage/drainage easement Wells Fargo Home Mortgage
MAC X3802-03A
8480 Stagecoach Circle
. Frederick,MD 21701
August 27 , 2012
RECE��Ep
CITY OF ORONO C�A ';�j �p1Z
Attn: CHRISTINE MATTSON
PO BOX 6 6 C�N OF ORONO
CRYSTAL BAY, MN 55323-0066
Dear CHRISTINE :
RE : Loan Number: 0030241848 Client 708
Mortgagor : Dale A Olsen
Jonmari B Olsen
Address : 4680 Creekwood Trail
Orono MN 55359-9381
Matter: EASEMENT
Please find enclosed the original signed CONSENT
document for the above-referenced loan. Please have the original document
recorded with your local recorder ' s office . Once the document has been
recorded, we require that you return the original recorded or a certified
copy of the recorded document to our office at the following address :
Wells Fargo Home Mortgage
MAC X3802-03A
8480 Stagecoach Circle
Frederick, MD 21701
This copy will be placed in our loan file and if necessary, provide us
with the documentation needed to obtain an endorsement to our title
nolicv.
Thank you for your cooperation and assistance in this matter.
Should you have any questions, please feel free to contact me
at the telephone number listed below.
Sincerely,
Shannon Sager
Land Transactions and Servicing Support
Phone : 240-586-5824
Fax: (240) 586-8641
Enclosure
SO010/QY3
Together we'll go far
1`,' Q,
Wells Fargo Home Mortgage is a division of Wells Fargo Bank,N.A.NMLSR ID 399801 '�-� �y�.[.�- _ '!
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��xE3H�¢� 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay. MN 55323-0066
February S, 2008
Dale and Jonmari Olsen
4680 Creekwood Trail
Maple Plain MN 5�3�9
Dear Mr. and Mrs. Olsen:
Last fall, when you had the wetland on your property marked and surveyed as a requirement for
your pool permit, the survey was to have included a legal description of the wetland and the
buffer. It did not. Because the construction season was coming to an end I did not delay your
permit further while this was provided. The legal description was to be used in the easement and
covenant document that is required when a wetland buffer has to be improved.
This document is enclosed. Please sign it before a notary and if you have a mortgage, have that
company sign it also. Return it to me along with the legal descriptions and a letter sized
reduction of the survey. I will have it recorded and return a copy to you.
If you should have any questions feel free to contact me at 9�2-249-4623 or
eturner@ci.orono.mn.us.
Sincerely,
Ev, yn Turner
City Planner
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
,
(rese�ved for recordrng infonntrJion)
GRANT �F PERMANENT
FLUWAGE AND CONSERVATION EASEMENT AND
RES7['RICTIVE COVENANT
FOR WETLAND AND WETLAI�TD BIJFFER
INSTRiTMENT made this �� �L day of 1�� , 20��; by a�ld between
DAL�A. OLSEN and JONMARI B. OLSEN husband and 'fe,the Grantors, and the CITY OF
ORONO,a Miiuiesota m�micipal 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 unto the City a
p�;rmanent flowage and conservation easement for the ptuposes set forth in this instrument, over,
under,and across the wetlun�l and wetlanct buff'er as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Crrantors on behalf of tlaemselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, �valkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any lcind, underground ulility lines and distribution equipment, liglit poles,
traffic signals, lraffic regulatory signs, maiiboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2} docks or
boardwallcs whcn allowed by City ordinance and under a valid City
permit.
B, Cutting, mowing ar removing sluubs or othcr vegetation, and cutting,
destraying 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 brilsh, diseased or dead trees of any size, and
noxious weeds.
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C. Excavation or filling or material alterafion 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 af 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 chemical.s for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious �veed controt 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 prollibited in perpetuity within the wetland buffer:
A, Constnicting, installiiig, or maintaining anything made by man, incIuding
but not limited to buildings, stn2ctures, v��allcways, fences, firepf aces,
clothes Iine poles, playground equiptnent, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird hauses, and other devices intended to
foster wild.life; 2} docks or boardwalks when atlowed by City ordinance
and under a valid City permit; 3) retaininb �ualls when allowed by City
ordinance and iu�der a valid City permit.
B. Ciitting, mowing or removing shruhs or ather vegetation, and cutting or
removing trees greater than foux inches in diameter, except for tree disease
control by or as directed by a governmental agency. Crrantors may remove
brush, diseased or dead trees of any size,and noxious weeds.
C. Excavation or filling or material aIteration of grade, inciudin; changes to
the size, depth or contour of the ��etland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural n�aterial.
D. The deposil of waste, yard wastc, or debris.
E, Activity detrimental to the screening of the neibhboring properties.
F. Application of fertilizers, whether natL�ral or cheinical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
no�ious weed control by or as directed by a govern�iiental agency.
I. Outside storage of any 1<ind,
3. Activity detrimental to the presei�vatioz� of the scenic beauty, vegetation,
and wildlife.
3. Establisl�rrient and Maintenance of Wetland Buffer. The wetland buffer, meastuing
35 feet in width at all points sui�rounding the �retland a.nd as shown in E�cl�iibit A,
shall be established and iniproved to becoine an "acceptable buffer area" as
describeci within City Qr•dinances, atZd shall thereafter be maintained by Grantors iil
perpehiity free frorn mowing or othe�• vegetative disturbance, fertilizer application,
yard or othe�• �vaste disposal, ihe placement of structures or any other alteration ihat
impedes the function of the buffer in protecting the quality of�vater ii�the wetland or
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buffering flows into the wetland.
4. Grantors for themselves, their heirs, successors and asszgns, further grant the City
the affirmative right, but nofi the obiigation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and nat��ral
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 rescrve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do aud perforzn
on the easament premises such acts as are not inconsistent �x+ith the easemerit
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of irees, fl�wers, and other vegetatiori consistent with a
conservation easement; walking along trails and paths;biz•d 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 petpetual flowage
easement and ri�ht and privilege to trespass with watef� over and upon any or all
of the Easement Premzses.
7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and erripioyees 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 terzzls of
these agreements.
8. Grantor(s} do riot intend that the public should have any iiiterest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
IN WITNESS WHEREOF, the parties her�to have set their hands effective as of the
day and year set forth above.
GRANTORS:
..��
DALE A. OLSEN
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��NMARI B. OLSEN
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STATE OF MINNESOTA )
)ss.
COUNTY OF ' ) '
The foregoing instrument was acknowledged hefore me this �l��� day of
�Gc�y� , 20fD/2, by DALE A. OLSEN and JONMART B. OLSEN, husband and
wife,the Grantors. �
NOTARY PU L C
■
DRAFTED BY: ANN M.FORNESS
Campbell Knutson NOTARX PUBUC•MMN�IESOTA
Professional�lssociatior. 1q Co�on E�pires J�n.3t,20t5
3l7 BagandaEe Office Center s a
1380 Corporate Center Cu:ve
Bagan,Minnesota 55121
Telephone:(651)0.52-5000
MKB
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Consent of Lien Holder
Wells Far�o Bank, N.A. is the current holder and owner of a certain Mortgage, dated
July 15, 2003 made and subscribed by Dale A. Olsen and Jonmari B. Olsen, husband
and wife, in Document No. 8ll4671, Official Public Records of Hennepin County,
Minnesota. Lien Holder, hereby consents to the grant of the foregoing Easement by Dale
A. Olsen and Jonmari B. Olsen, husband and wife and City of Orono, in that certain
Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant
for Wetland and Wetland Buffer dated Julv 16, 2012, and joins in the execution hereof
solely as Lien Holder and hereby does agree that in the event of the foreclosure of said
mortgage, or other sale of said property described in said mortgage under judicial or non-
judicial proceedings, the same shall be sold subject to said Easement.
SIGNED AND EXECUTED this�day of Au�ust, 2012.
Wells Fargo Bank, N.A.
BY� .�-�r.l� � s?c��
Ralph L. Hall, Vice President
STATE of MARYLAND
COUNTY of FREDERICK
BEFORE ME, the undersigned authority, on this day personally appeared Ralph L. Hall,
Vice President, of Wells Far�o Bank, N.A., known to me to be the person and Officer
whose name is subscribed to the foregoing instrument and who acknowledged to me that
he executed the same far the purposes and consideraiion therein expressed, in the
capacity therein stated, as the act and deed of said Bank.
�
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Z� day of Au ust, 2012.
1 �
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Shannon Shatzley commissio d s hannon Sager ,,����N�N.!t! �'�%,��
Notary Public State of Maryland `.�`��,P.O.��,RY p��;9�,,;
; ��� t::c'C� =
My commission expires: March 14, 2015 = NiY �':� �
_ CONifvIISSIGIV
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� � Easement
� Exhibit A-�
. February 26, 2008
Proposed weUand and wetland buffer easement descriptions for
Dale&Jonmari Olsen
In Lot 3, Block 1, PAINTERS WOODS
Hennepin County, Minnesota
WETLAND EASEMENT
An easement for wetland purposes over, under and across that part of Lot 3, Block 1, PAINTERS
WOODS, described as follows:
Beginning at the northeast comer of said Lot 3; thence on an assumed bearing of South
1 degree 40 minutes 18 seconds West along the east line of said Lot 3 a distance of
108.51 feet; thence North 45 degrees 37 minutes 29 seconds West a distance of 5.98
feet; thence North 36 degrees 56 minutes 07 seconds West a distance of 33.49 feet;
thence North 65 degrees 49 minutes 03 seconds West a distance of 10.93 fee� thence
South 24 degrees 58 minutes 19 seconds West a distance of 27.91 feet;thence South 85
degrees 28 minutes 21 seconds West a distance of 50.44 feet; thence North 73 degrees
05 minutes 37 seconds West a distance of 32.52 feet; thence South 70 degrees 47
minutes 36 seconds West a distance of 18.70 feet; thence North 77 degrees 33 minutes
34 seconds West a distance of 44.46 fee� thence North 78 degrees 23 minutes 16
seconds West a distance of 45.98 feet; thence South 65 degrees 05 minutes 55 seconds
West a distance of 27.31 feet; thence South 76 degrees 52 minutes 21 seconds West a
distance of 31.24 feet; thence South 82 degrees 04 minutes 27 seconds West a distance
of 38.60 feet; thence South 45 degrees 51 minutes 23 seconds West a distance of 12.41
feet; thence South 19 degrees 09 minutes 37 seconds West a distance of 32.31 feet;
thence South 47 degrees 30 minutes 47 seconds West a distance of 39.75 feet; thence
South 71 degrees 42 minutes 50 seconds West a distance of 20.35 feet;thence South 11
degrees 11 minutes 49 seconds West a distance of 45.10 feet; thence South 14 degrees
32 minutes 30 seconds East a distance of 30.05 feet; thence South 19 degrees 55
minutes 03 seconds West a distance of 35.21 feet; thence South 9 degrees 19 minutes
07 seconds West a distance of 40.64 feet; thence South 29 degrees 07 minutes 19
seconds West a distance of 20.65 feet; thence North 60 degrees 48 minutes 40 seconds
West a distance of 26.65 feet; thence North 10 degrees 21 minutes 44 seconds West a
distance of 20.90 feet; thence North 73 degrees 52 minutes 35 seconds West a distance
of 35.58 feet; thence North 14 degrees 11 minutes 35 seconds East a distance of 14.76
feet; thence North 86 degrees 42 minutes OS seconds East a distance of 37.13 feet;
thence North 81 degrees 37 minutes 07 seconds East a distance of 12.57 feet; thence
North 3 degrees 55 minutes 28 seconds West a distance of 45.99 fee� thence North 9
degrees 22 minutes 02 seconds East a distance of 35.14 feet; thence South 85
degrees15 minutes 20 seconds West a distance of 24.39 feet; thence North 36 degrees
00 minutes 51 seconds West a distance of 19.83 feet; thence North 5 degrees 24
minutes 18 seconds East a distance of 67.11 feet;thence North 9 degrees 30 minutes 05
seconds East a distance of 38.64 feet; thence North 6 degrees 41 minutes 19 seconds
East a distance of 56.62 feet to the north line of said Lot 3; thence North 87 degrees 00
minutes 00 seconds East along said north line a distance of 62.60 feefi thence South 35
degrees 08 minutes 12 seconds West a distance of 60.62 feet;thence South 14 degrees
37 minutes 31 seconds West a distance of 47.60 feet; thence South 8 degrees 20
minutes 12 seconds West a distance of 38.89 feet; thence South 14 degrees 32 minutes
43 seconds East a distance of 13.10 feet; thence North 29 degrees 08 minutes 33
seconds East a distance of 28.42 feet; thence North 15 degrees 42 minutes 45 seconds
East a distance of 60.70 feet; thence North 28 degrees 15 minutes 29 seconds East a
distance of 29.32 feet; thence North 47 degrees 55 minutes 07 seconds East a distance
of 59.35 feet to said north line of Lot 3; thence North 87 degrees 00 minutes 00 seconds
. ���
East a distance of 349.42 feet to the point of beginning; EXCEPT that part of said Lot 3 +
described as follows: Commencing at said northeast comer of Lot 3; thence on an
assumed bearing of South 87 degrees 00 minutes 00 seconds West along said north line
of Lot 3 a distance of 266.93 feet;thence South 3 degrees 00 minutes 00 seconds East a
distance of 29.35 feet to the point of beginning of the exception to be described; thence
South 40 degrees 58 minutes 03 seconds West a distance of 16.93 feet;thence South 37
degrees 23 minutes 36 seconds West a distance of 45.08 feet; thence North 71 degrees
15 minutes 10 seconds West a distance of 19.46 feet; thence North 55 degrees 56
minutes 59 seconds West a distance of 33.62 feet; thence North 14 degrees 49 minutes
13 seconds East a distance of 15.94 feet; thence North 79 degrees 19 minutes 46
seconds East a distance of 65.43 feet; thence South 76 degrees 15 minutes 27 seconds
East a distance of 16.86 feet to the point of beginning.
WETLAND BUFFER EASEMENT
An easement for wetland buffer easement purposes over, under and across that part of Lot 3,
Block 1, PAINTERS WOODS,described as follows:
Beginning at the northeast comer of said Lot 3; thence on an assumed bearing of South
1 degree 40 minutes 18 seconds East along the east line of said Lot 3 a distance of
156.14 feet; thence North 45 degrees 37 minutes 29 seconds West a distance of 34.62
feet; thence South 85 degrees 28 minutes 21 seconds West a distance of 74.37 feet;
thence North 73 degrees 05 minutes 37 seconds West a distance of 27.74 fee� thence
South 70 degrees 47 minutes 36 seconds West a distance of 17.21 feet;thence North 77
degrees 33 minutes 34 seconds West a distance of 54.12 feet; thence North 78 degrees
23 minutes 16 seconds West a distance of 34.18 feet; thence South 65 degrees 05
minutes 55 seconds West a distance of 19.37 feet; thence South 76 degrees 52 minutes
21 seconds West a distance of 36.44 feet; thence South 82 degrees 04 minutes 27
seconds West a distance of 25.03 feet; thence South 19 degrees 09 minutes 37 seconds
West a distance of 27.97 feet; thence South 47 degrees 30 minutes 47 seconds West a
distance of 11.22 feet; thence South 23 degrees 28 minutes 57 seconds West a distance
of 88.17 feet; thence South 19 degrees 55 minutes 03 seconds West a distance of 42.82
feet; thence South 9 degrees 19 minutes 07 seconds West a distance of 43.50 feet;
thence South 29 degrees 07 minutes 19 seconds West a distance of 19.22 fee� thence
South 6 degrees 50 minutes 34 seconds West a distance of 60.75 feet to the south line of
said Lot 3; thence North 76 degrees 30 minutes 00 seconds West along said south line a
distance of 69.90 feet to the southwest comer of said Lot 3; tt�ence northerly along the
westerly line of said Lot 3 a distance of 59.65 feet to a point of curve; tf�ence northerly
along said west line a distance of 95.37 feet; thence North 86 degrees 42 minutes 08
seconds East a distance of 31.00 feet; thence North 3 degrees 55 minutes 28 seconds
West a distance of 9.49 feet; thence North 36 degrees 00 minutes 51 seconds West a
distance of 53.70 feet; thence North 5 degrees 24 minutes 18 seconds East a distance of
81.59 feet; thence North 9 degrees 30 minutes 05 seconds East a distance of 39.03 feet;
thence North 6 degrees 41 minutes 19 seconds East a distance of 49.80 feet to the north
line of said Lot 3; thence North 87 degrees 00 minutes 00 seconds East a distance of
486.53 feet to the point of beginning, EXCEPT that part of said Lot 3 described as
follows: Beginning at the northeast corner of said Lot 3; thence on an assumed bearing of
South 1 degree 40 minutes 18 seconds West along the east line of said Lot 3 a distance
of 108.51 feet; thence North 45 degrees 37 minutes 29 seconds West a distance of 5.98
feet; thence North 36 degrees 56 minutes 07 seconds West a distance of 33.49 feet;
thence North 65 degrees 49 minutes 03 seconds West a distance of 10.93 feet; thence
South 24 degrees 58 minutes 19 seconds West a distance of 27.91 feet;thence South 85
degrees 28 minutes 21 seconds West a distance of 50.44 fee� thence North 73 degrees
05 minutes 37 seconds West a distance of 32.52 feet; thence South 70 degrees 47
minutes 36 seconds West a distance of 18.70 feet; thence North 77 degrees 33 minutes
34 seconds West a distance of 44.46 feet; thence North 78 degrees 23 minuies 16
seconds West a distance of 45.98 fee� thence South 65 degrees 05 minutes 55 seconds
West a distance of 27.31 feet; thence South 76 degrees 52 minutes 21 seconds West a
distance of 31.24 feet; thence South 82 degrees 04 minutes 27 seconds 1Nest a distance
� � � � . . � �3
of 38.60 feet; thence South 45 degrees 51 minutes 23 seconds West a distance of 12.41
feet; thence South 19 degrees 09 minutes 37 seconds West a distance of 32.31 feet;
thence South 47 degrees 30 minutes 47 seconds West a distance of 39.75 feet; thence
South 71 degrees 42 minutes 50 seconds West a distance of 20.35 feet;thence South 11
degrees 11 minutes 49 seconds West a distance of 45.10 feet; thence South 14 degrees
32 minutes 30 seconds East a distance of 30.05 feet; thence South 19 degrees 55
minutes 03 seconds West a distance of 35.21 feet; thence South 9 degrees 19 minutes
07 seconds West a distance of 40.64 feet; thence South 29 degrees 07 minutes 19
seconds West a distance of 20.65 feet; thence North 60 degrees 48 minutes 40 seconds
West a distance of 26.65 feet; thence North 10 degrees 21 minutes 44 seconds West a
distance of 20.90 feet; thence North 73 degrees 52 minutes 35 seconds West a distance
of 35.58 feet; thence North 14 degrees 11 minutes 35 seconds East a distance of 14.76
feet; thence North 86 degrees 42 minutes 08 seconds East a distance of 37.13 feet;
thence North 81 degrees 37 minutes 07 seconds East a distance of 12.57 feet; thence
North 3 degrees 55 minutes 28 seconds West a distance of 45.99 feet; thence North 9
degrees 22 minutes 02 seconds East a distance of 35.14 feet; thence South 85
degrees15 minutes 20 seconds West a distance of 24.39 feet; thence North 36 degrees
00 minutes 51 seconds West a distance of 19.83 feet; thence North 5 degrees 24
minutes 18 seconds East a distance of 67.11 feet; thence North 9 degrees 30 minutes 05
seconds East a distance of 38.64 fee� thence North 6 degrees 41 minutes 19 seconds
East a distance of 5B.62 feet to the north line of said Lot 3; thence North 87 degrees 00
minutes 00 seconds East along said north line a distance of 451.03 feet to the point of
beginning.
0
m
,� CERTIFICATE OF SURVEY FOR •
DALE AND JONMARI OLSEN
OF LOT 3, BLOCK 1,PAINTERS WOODS
HENNEPIN COUNTY, MINNESOTA � �
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Doc No A9845198
Certified, filed and/or recorded on
9/19/12 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Rachel Smith, Acting County Recorder
Mark V. Chapin, County Auditor and Treasurer
Deputy 59 Pkg ID 857863M
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.