HomeMy WebLinkAboutMortgage holder consent to easement/wetland buffer easement-2008 e,�
"� �� CAMPBELL KNUTSON
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February 25, 2009 �£ V,�'�
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Thomas M.Sc€�t: �' a7
Ms. Monica Fadness �F�R0�1/p
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A1�na s��,wartf Re: Strong Arm Construction -460 East Long Lake Road
�am"et'. F'dm"n�` Mortgage Holder Consents
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Dear Ms. Fadness:
Enclosed for your files please find the following original recorded
documents:
1. Mortgage Holder Consent to Easement relating to the Road and
Utilities Easement with Strong Arm Construction, recorded on February 5, 2009 as
Hennepin County document number A9317870; and
2. Mortgage Holder Consent to Easement relating to the Grant of
Permanent Flowage and Conservation Easement and Restrictive Covenant for
Wetland with Strong Arm Construction, recorded on February 5, 2009 as Hennepin
County document number A9317871.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
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Jeari M. Olson, Legal Assistant
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Doc No A9317871 .
t;°' Certified filed and/or recorded on
2/5/09 12:00 PM
Office of the County Recorder
' Hennepin County, Minnesota
�' Michael H. Cunniff, County Recorder
�;'� Jill L. Alverson, County Auditor and Treasurer
�� Deputy 4 Pkg I D 511920
Doc Name: Consent
Document Recording Fee $46.00
Document Tofa/ $46.00
This cover sheet is now a permanent part of the recorded document.
MORTGAGE HOLDER
CONSENT TO EASEMENT
Source Construction Capital, LLC, which holds a mortgage on all or part of the
property more particularly described in that certain Grant of Permanent Flowage and
Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer, dated July
16, 2008, and recorded with the County Recorder for Hennepin County, Minnesota, on August 6,
2008, as Document No. 9167947, and which mortgage is dated March 14, 2008, and recorded
with such office on March 25, 2008 as Document No. 9112974.�nd corrected by a corrective
mortgage, dated March 14, 2008 and recorded with such office on October 17, 2008 as
Document No. 9195133, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing
Grant of Pe*�!ranent Flowage and Conservation Easement.
SOURCE CONSTRUCTION CAPITAL, LLC
, �BY: � �. . _"
Patric iller, Chief Financial Officer
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this � day of February,
2009, by Patrick Hiller, the Chief Financial Officer of Source Construction Capital, LLC, on its
behalf.
�,'�/l�/V l 1/t/� ti�l✓✓��
NOTARY PUBLIC
'=�o MELINA MARA BARON
;�'�'�1�� Notary Public
'�.� '" Minnesota
My Commission Expires January 31,2013
DRAFTED BY:
Campbell Knutson
Professiona!Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
143704
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Doc No 9167947 08/06/2008 11:32 �M �Ci -��
Certified filed and or recorded on ab e date: �
Office of the County Recor er
Hennepin County, Minn ota
Michael H. Cunniff, Count ecorder
Transl 429335 Deputy 45
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
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TRANSFER ENTERED
HENNEPIN COUNTY�AXPAYER SERVICES
au� � 2ooa
H MINN.
BY D PUTY
(reservedfor recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this day of , 2008, by and between Strong
Arm Construction Services, LLC, a innesota Lim ed L' bility Corporation, the Grantor, and
the CITY OF ORONO,a Minnesota municipal corporation( City").
WITNESSETH:
The Grantor, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto the City a
permanent flowage and conservation easement for the purposes set forth in this instrument, over,
under, and across the wetland and wetland buffer as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Grantar on behalf of itself, its successors and assigns, hereby covenants and agrees 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, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory 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 removing shrubs or other vegetation, and cutting,
destroying 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 brush, diseased or dead trees of any size, and
noxious weeds.
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C. Excavation or filling or material alteration 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 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.
2. That the following are prohibited in perpetuity within 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; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting 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
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 or contour of the wetland; dredging, mining or removal 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, 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. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
35 feet in width at all points surrounding the wetland and as shown in E�ibit A,
shall be established and improved to become an "acceptable buffer area" as
described within City Ordinances, and shall thereafter be maintained by Grantor 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 protecting the quality of water in the wetland or
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buffering flows into the wetland.
4. Grantor for itself, its successors and assigns, further grants the City the affirmative
right,but not the obligation to do the following on the easement premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
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. Grantor reserves for itself and its 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
City herein. Such uses shall be deemed to include, but not be limited to planting
of trees, flowers, and other vegetation consistent with a conservation easement;
walking along trails and paths; bird watching; the study of nature; and all other
acts of a similar nature or purpose.
6. Grantor hereby grants, gives, quit claims and conveys to the city a perpetual
flowage easement and right and privilege to trespass with water over and upon
any or all of the Easement Premises.
7. Grantor herein does hereby remiss, release, acquit and forever discharge, forever,
the City 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 ar accrue by virtue of any flowage or trespass with water within terms of
these agreements.
8. 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.
IN WITNESS WHEREOF, the party hereto has set its hand effective as of the day and
year set forth above.
GRANTOR:
Strong Arm Construction Se ' s, LLC
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STATE OF MINNESOTA )
�� jss.
COUNTY OF
T e foregoing instrum nt was acknowledged before me •this ��' day of
, 2008, by �l C.k,it�LQ`L , �/l,[S! �Q,,Gt� of Strong
Con ruction Services, LL , a Minnesota Limited Liability Corporation, on behalf of the
corporation.
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MONICA A.FADNESS NOTARY PUBLIC
' NOTARY PUBLIC-MINNESOTA
:r�:+ My Commission Expres Jan.31,2012
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
125005 Q
, 1 , , .
EXHIBIT A
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND:
That part of the following described property:
The North 253 feet of the South 368 feet of the North 2,223.3 feet of that part of
Government Lot S, lying West of the East 1159.4 feet thereof except road, in Section 35,
Township 118, Range 23, Hennepin County, Minnesota,
That lies northeasterly of the following described line:
Commencing at the northwest corner of the above described property; thence easterly on
an assumed bearing South 88 degrees 25 minutes 22 seconds West, along the northerly
line of said above described property, a distance of 35.00 feet; thence South 38 degrees
25 minutes 49 seconds East a distance of 26.71 feet; thence South 64 degrees 30 minutes
19 seconds East a distance of 15.58 feet; thence South 77 degrees 00 minutes 31 seconds
East a distance of 64.81 feet; thence South 33 degrees 12 minutes 33 seconds East a
distance of 17.92 feet; thence South 17 degrees 21 minutes 28 seconds East a distance of
41.99 feet; thence South 29 degrees 57 minutes 26 seconds East a distance of 46.19 feet;
thence South 64 degrees 49 minutes 38 seconds East a distance of 16.18 feet; thence
North 80 degrees 29 minutes 31 seconds East a distance of 13.46 feet to the easterly line
of the above described property and said line there terminating.
WETLAND BUFFER:
That part of the following described property:
The North 253 feet of the South 368 feet of the North 2,223.3 feet of that part of
Government Lot S, lying West of the East 1159.4 feet thereof except road, in
Section 35, Township 118, Range 23, Hennepin County, Minnesota,
That lies southwesterly of the following described line:
Commencing at the northwest corner of the above described property; thence easterly on
an assumed bearing South 88 degrees 25 minutes 22 seconds West, along the northerly
line of said above described property, a distance of 35.00 feet; thence South 38 degrees
25 minutes 49 seconds East a distance of 26.71 feet; thence South 64 degrees 30 minutes
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19 seconds East a distance of 15.58 feet; thence South 77 degrees 00 minutes 31 seconds
East a distance of 64.81 feet; thence South 33 degrees 12 minutes 33 seconds East a
distance of 17.92 feet; thence South 17 degrees 21 minutes 28 seconds East a distance of
41.99 feet; thence South 29 degrees 57 minutes 26 seconds East a distance of 46.19 feet;
thence South 64 degrees 49 minutes 38 seconds East a distance of 16.18 feet; thence
North 80 degrees 29 minutes 31 seconds East a distance of 13.46 feet to the easterly line
of the above described property and said line there terminating.
And northeasterly of a line 35 feet southwesterly of and parallel to (measured at right angles to)
the above described line.
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