HomeMy WebLinkAboutDeclaration of wetland covenants �-";_'
DEGLARATION OF WETLANDS COVENANTS
(Lot 3)
THIS DECLARATION is made as of ,S �n,---�.� =;C� , 1997, by James G.
Fullerton, III and Robert A. Stein, Trustees of the lizaberh L_ Fullerton Revocable Trust
U/A, dated 1/4/85, as amended, �vith Elizabeth L. Fullerton, as donor (the "Trustees").
RECITALS :
A. The Trustees are the otivners of Lot 3, Bloc'.< 1, Fullerton Estates, according
to the recorded plat thereof ("Lot 3"), situated in the City of Orono (the "Cin=),
Hennepin County, Minnesota.
B. The Trustees desire to provide notice with respect to the Type 2 Wetlands
located on Lot 3 (the "Wetlands").
NOW, THEREFORE, the Trustees, on behalf of themselves and their successors
and assigns, hereby covenant and agree as follows, and hereby declare and create Lhe
follo`ving covenants, all of which shall run �vith title to Lot 3:
1. Wetlands. The Wetlands are located near�he shore of Max�vell Bay, Lake
Minnetonka, at the Southerly boundarv of Lot 3. The Wetlands shall not be altered
before contacting the Minnehaha Creek Watershed Disuict and the United States Corps
of Engineers, and before submitting a wetland alteration plan to the City of Orono (rhe
"Cit��") for its review and issuance of a permit for such a?teration, if such permit is then
required.
2. Future Convevances. This Declaration sha11 be incorporated by reference
in all future conveyances, mortgages, assignments and oL�er transfers of Lot 3; pro�,�ided,
ho���ever, that notwithstanding any failure to incorporate this Declaration by reference
in such future conveyances, mortgages, assignments and other uansfers, this Declarauon
shall run with the title to Lot 3 as an appurtenance L�;ereto �vithout the necessi�- of
specific reference thereto. �
3. Amendment. Subject to paragraph 1 hereof, providing for City appro��al,
this Declaration may, at any time and from time to time, be amended upon the filin�for
record in the office of the Hennepin County Regis�rar of Titles of an agreement
amending this Declaration, executed in the manner reqtired b�• la�v for the recordina of
a conveyance of real property by the then o«ners, both le�al and equitable, of Lot 3, and
consented to by the mortgagees of such Lot.
1 Bw-3»i.DOC
� � ' `
IN AGREEMENT, this Declaration has been executed effective as of the date first
above written.
-TRUSTEES:
� � <�
James G. Fu lerton, III, Trustee
� � ` �� � C/(.2.C/
Robert A. Stein, � stee
STATE OF MINNESOTA )
)ss.
COUNTY OF HEIviVEPIN )
Th foregoing instrument �vas acknowledged before me this � day of
, I��7, by James G. Fullerton, III, Trustee of the Elizabeth L. Fullerton
Revocable Trust U/A dated 1/4/85, as amended with Elizabeth L. Fullerton, as donor.
Nota Pu ic
� - = "'�.�� .,�,,.
STATE OF ) „ JOH�!'3.4:'I�VSTON �
l$S. ''j�r�� N07AnV FC:,Li;;-�„2:NtSOTa �
COUNTY OF ' �'�.�':i`. hyCormi;sicnEx,;;esdaa.31.2CG7 �
) �.�'� �..'.G
The foregoing instrument was acknowledged before me this� day of
, 1997, by Robert A. Stein, Tr�listee of the Elizabeth L. Fullerton
Revocable Trust U/� dated 1/4/85, as amended% th Eli beth L. Fullerton, as donor.
i�otary 1' bl�
THIS INSTRUME�IT WAS DRAFTED BY:
John B. Winston "OFFICIA�.SEAL"
Amy Eggert
Winston Law Office Notary Public,State of Illinois
4420 IDS Center �ty Commission Expires Oct.2,20Q0
80 South 8th Street " �"`� ' "
Minneapolis, MN �5402
612/341-9800 ��`.''"�i A�l� �RsOR TAXES PAID �
T��X�AY�F SERVICES
TRA�J�FER E�ITERED
DEC 10 '�
Jaw-3a-�.DOC
%'��F-:� .�:�Liiti Ci.UNTY MINN.
/��� '' �_U E P U TY