HomeMy WebLinkAboutGrant of permanent easement for restrictive covenant for wetland buffer-2008 r �
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Doc No 9197407 10/23/2008 03:41 PM � ���
Certified filed and or recorded on above date: � f�Y
Office of the County Recorder �� �J/�
Hennepin County, Minnesota �( Q (
Michael H. Cunniff, County Recorder t�� �
TranslD 451029 Deputy 55
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
(rescrrrd forrr�roi�c(ir���information/
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
�
INSTRUMENT made this �� day of June, 2008, by and between: E. Joseph LaFave,
Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and
Trustee under Article 4 of the William L. Waldron, Jr. Qualified Personal Residence Trust under
A�,n-eement dated March 15, 2000; Lucinda W. Chorley and Michael Chorley, wife and husband;
Stacey W. Eastman and Patrick Eastman, wife and husband; and Wendy W. Burton, a single person
(tl�e"Grantors�'), and the CITY OF ORONO, a Minnesota municipal corporation ("City").
WITNESSETH:
The Grantors, owners of the real property legally described on the attached Exhibit A, and in
consideration of good and valuable consideration paid by the City, the receipt and sufficiency of
which is hereby acknowledged, hereby create and �nant unto the City a pennanent flowage and
conservation easement for the purposes set forth in this instrument, over, under, and across the
wetlands aizd n�etland huffe�s located on that portion of the real property legally describ�d in the
attached E�ibit B (the� "easement premises").
The Grantors, on behalf of themselves, their heirs, successors and assi�ms, hereby covenant
and a��-ee as follows:
1. That the following activities are prohibited in perpetuity within the boundaries of tlle
wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, p1ay��round equipinent. roads, ]lardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatary signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or reinoving shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
Lot 1 1
for tree disease control by or as directed by a governmental agency,
provided, however, Grantors may reinove brush, diseased or dead n-ees of
any size, and noxious weeds.
C. Excavation or filling or materia] alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or re�noval 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, wllether 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 activities are prohibited in perpetuity within the boundaries of 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; �) retaining walls when allowed by City
ordinance and under a valid City pei7nit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diaineter, exce�t for tree disease
control by or as directed by a governinental agency. provided, however,
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 ar contour of the wetland; dredging, mining or removal of
earth, loain, 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.
3. The wetland buffers, as legally described in Exhibit B, shall be established and,
��� i �
when required by City Ordinances, each shall be iinproved to become an
"acceptable buffer area" as described within City Ordinances, and shall thereafter be
maintained by Grantors in perpetuity 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 protectiug
the quality of water in the wetland or buffering flows into the wetland.
4. Grantors for theinselves, their heirs, successors and assigns, further ��rant the Gity .
the aftinnative i7glit, but not the obligation to do the following on the easeinent
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and rei�noving trees or other vegetation, by
chai7ging the contour of the land, and by plailting trees or other vegetation.
B. Enter upon the easement premises at any tiine to enforce compliance with
the terms of this instrument.
5. Grantors reserve for theinselves 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 Gity hereiu. Such uses sllall be deerned to include,but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conseivation easement; walkii�g along trails and paths; bird watching; the study of
nature; and all other acts of a siinilar 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 all
of the easelnent premises.
7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and einployees of and froin any and all
claims, deimand or causes of action of any kind or nature whatsoever which inay �
arise or accrue by virtue of any flowage or trespass with water within the
boundai-ies of the easement premises.
8. Grantor(s) do not intend that the public should have any interest in the above land
by virtue of this indenture ar otherwise, except as hereinabove set forth.
[Signature page follows -
The remainder of this page is intentionally left blankJ
-,
Lot I '
IN WITNESS WNEREOF, t11e parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
�.
E. ,eph LaFave, Trustee of the Helen Snyder
Waldron Qualified Personal Residence Trust dated
March 15, 2000 and Trustee under Article 4 of
the Williain L. Waldron, Jr. Qualified Personal
Residence Trust under Agreement dated
March 15, 2000
STATE OF MINNESOTA )
)ss.
COUNTY OF
�
The foregoing instrument was acknowledged befare me this � day of
���— , 2008, by E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified
Personal Residence Trust dated March l 5, 2000 and Trustee under Article 4 of t11e William L.
Waldron, Jr. Qualified Personal Residence Trust u-►der A�nee�nent dated March 15, 2000.
� �1
NOTARY PUBLIC
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,� �p�.��. V�JENSTAD
,P�fJYAiiY F'UL'�!!C•GIUNNESOTA
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Lot I `�
Lucinda W. Chorley
Mic ael Chorley
STATE OF MINNESOTA )
)ss.
COUNTY OF S2JVu
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The foregoing instruinent was acknowledged before me this � day of
-Ju�,r•�_ , 2008, by Lucinda W. Charley, married to Michael Chorley.
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TARY PUBLIC
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LC1L,��V. KJ�NSTAD
;NOTIIRY PUBLl�-ARINNESOTA
STATE OF MINNESOTA ) �� � ���"�'"�"�'°`�""��+,2010
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COUNTY OF ' )
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The foregoing instrument was acknowledged before me this � day of
��_�. , 2008, by Michael Chorley, married to Lucinda W. Chorley.
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NO RY PUBLIC
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Stace W. � stman
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Patrick Eastman
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this ���� day of
� �_ , 2008, by Stacey W. Eastman, married to Patrick Eastman.
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NOTARY PUBLIC
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L.C3l.�,l9V. KJf�NSTAD
P�q7i4FiY F'U�3LIC-h11NNESOTA
STATE OF MINNESOTA ) �y�,,,,��„�� � ��o
)ss. � ���a�
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COUNTY OF '.-�
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The foregoing instruinent was acknowledged before me this �� day of
j�— , 2008, by Patrick Eastman, manied to Stacey W. Eastman.
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NOTARY PUBLIC
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Lot 1 (
Wendy W. Burton, by
Lucinda W. Chorley, her attorney in fact
STATE OF MINNESOTA )
)ss.
COUNTY OF
��
The foregoing instrulnent was acknowledged before me this �� day of
���- , 2008, by Lucinda W. Chorley, as attorney in fact for Wendy W. Burton, a
single person.
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NO ARY PUBLIC
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L�LA�'. ��..A�hl����i�
DRAFTED BY': P�OT�RY Pl1BLf�.n�lRifd�fi30''A �
Campbell Knutson
Ny Copmbekw F�ywcX Jaa.31,2010 �
ProJessionnl,�ssocicnion ' �
317 Ea�andale Office Center • ��a��hnMaL+vvs�
I380 Coipoiate Cenrer Cuive
� Eagan, Minnesota 5�121
Telephone: (651)452-5000
MKB
Lot 1 7
Exhibit A
Le�al Description of Real Propertv— Lot 1
Lot 1, Block 1, WALDRON WOODS.
L�� � �
Ehhibit B
Le�al Description of Wetland and Wetland Buffer— Lot 1
WETLAND:
All that portion of Lot 1, Block 1, WALDRON WOODS, shown and dedicated on the plat of
WALDRON WOODS as Drainage Easeme�lt.
��'ETLAND BUFFER:
That part of Lot 1, Block l, WALDRON WOODS described as follows: Commencing at the
Northwest corner of said Lot l; thence on an assumed bearing of South 0 degrees 03 minutes 45
seconds West along the West line of said Lot 1 a distance of 52.00 feet to the point of beginning
of the easement being described; thence North 82 degrees East a distance of 46.00 feet; thence
North 67 degrees East a distance of 17.00 fEet; thence North 57 degrees East a distance of 24.00
feet; thence on a bearing of East a distance of 81.00 feet; thence South 40 degrees East a distance
of 12.00 feet; thence South 21 degrees East a distance of 17.00 feet; thence South 51 degrees
East a distance of 16.00 feet; thence South 61 de�nees East a distance of 31.00 feet; thence South
80 degrees East a distance of 48.00 feet; thence South 86 degrees East a distanee of 31.00 feet;
thence South �8 degees East a distance of 50.00 feet; thence South 7l degrees East a distance of
21.00 feet; thence South 57�degrees East a distance of 64.00 feet; thence South ?3 degrees East a
distance of 71.00 feet; thence North 72 degrees East a distance of 51.00 feet; thence North 79
degrees East a distance of 61.00 feet; thence South 70 degrees East a distance of 33.00 feet;
thence Sou�h 14 de�-ees East a distance of 90.00 feet; thence South ]2 degrees East to its
intersection with a segment of the southeasterly line of said Lot 1, said intersection being
hereinafter referred to as "Point A'; thence South 66 degrees 03 �ninutes 44 seconds West along
said segment to an angle point in said southeasterly line; thence southwesterly along a se�nnent
of said southeasterly line to the most southerly corner of said Lot l; thence North 0 degrees 03
n�inutes 45 seconds East along said West line of Lot 1 a distance of 19530 feet; thence North 55
degrees East a distance of 26.00 feet; thence North 56 degrees East a distance of 42.00 feet;
thence North 41 dem-ees East a distance of 11.00 feet; thence North 17 degrees East a distance of
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28.00 feet; thence North 14 degrees East a distance of 53.00 feet; thence North 38 dem-ees East a
distance of 66.00 feet; thence North 67 degrees East a distance of 6�.00 feet; thence on a bearing
of West a distance of 33.00 feet; thence Nortl� 56 degrees West a distance of 48.00 feet; thence
Nortl� 66 degrees West a distance of?7.00 feet; thence North 83 degrees West a distance of
28.00 feet; thence South 28 degrees West a distance of 18.00 feet; thence South 74 degrees West
to its intersection with said West line of Lot 1; thence northerly along said West line to the point
of beginning. �
ALSO
That part of said Lot 1 described as follows: Commencing at "Point A'" described above; thence
North 66 degrees 03 minutes 44 seconds East along said segment of the southeasterly line of Lot
1 a distance of 18.40 feet to the point of beginning of the easement being described; thence North
12 degrees West a distance of 140.00 feet; thence Soutl� 70 debrees East a distance of 7.00 feet;
thence South 21 degrees East a distance of 72.00 feet; thence South 5 degrees East a distance of
55.00 feet; thence South 20 degrees East to its intersection with said secnnent of the southeasterly
line; thence southwesterly along said se�nnent to the point of beginning,
ALSO
That part of said Lot 1 described as follows: Commencing at the Northwest corner of said Lot l;
thence on an assumed bearing of North 89 degrees 59 minutes 44 seconds East along the North
line of said Lot 1 a distance of 94.00 feet to the point of beginning of the easement being
described; thence South 35 degrees West a distance of 19.40 feet; thence on a bearing of East a
distance of 71.00 feet; thence North 40 degrees West to its intersection with said North line;
thence westerly along said North line to the point of beginning.
(Attach Survey)
017??�}'_?000 U951416 2
Lot I 1�
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