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Home My WebLink AboutFlowage/conservation easement/covenants/wetland-2010 " .� r . � �,r� ��i� t I�'�;'�C I��, �-,}��C, �� - Doc No A9552S21 Certified fil2d and/or recorded on 8/30/10 4:00 PM O�ce of the County Recorder Hennepin Caunty, Minnesota Michael H. CunnifF, County Recorder T;ansfer Entered � Jill �. Alverson, County Auditor and Treasu�er 8/30/2010 4:Q0:00 PM Deputy 45 Pkg ID 650712 Hennepin County, Minnesota Doc hame: Easement Jill L. Alverson Dacument Recording Fae �4g,pp County Auditor and Treasu;er t?ocurrrenf Total �46.00 , r � , i his cover shee�i; now a permanent part of the recorded document. A , � � / � .1 • �� Q�,t}PRtO�TdXrfi�KED TAXPAY�R S�RVICB�v TRAN$FER ENTERED Qus 2� 20�0 �-� �-� �. � (reserved for recordinA irsformatron) GRAI�IT Q� FE�Al°�EI�TT . �'LOWA�E Al�TD CQNS�RVA'�'I�N EASElY�ENT AN�? �STRICTIV� CO�NANT � � ��R �TLAND AND WETLAND BUFF�R ' ' INSTRUMENT made this » day of �-v�u��"� , 2p10, by ANDRABE LAND � COIVIPANY, a Minnesota corporation, the Grantor, in favor of 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 protection of wetlands, wetland buf�er areas, steep slopes, woodlands and open spaces over, under, on and across the following land within the City of Orono, Counry of Hennepin, State of Minnesota and le�ally described on the attached Exhibits"A"and"B"and shown on the survey exhibits attached hereto(the"easement premises"}. The Grantor,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 . Iimited to buildings, structures, walkways, fences, retaining watls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility Iines and distribution equipment, light poles, traffic signals, tr�c regulatory signs, mailboxes; except: 1) feeders, bird houses, and other • devices intended to foster wildlife; and 2) docks or boardwall:s when altowed by City ordinance and under a valid City permit. Creation and maintenance of non- hardcover walking paths may be aIlowed. �X�l� -�lD-/5�a.- 152906v04 1 ORONO/KtN�rvA�Two SRN:r08/09/2010 (Andrade Land Company/MacKinnon) , r � 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 hrush, diseased or dead trees af any size,buckthorn 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. � Free roaming of domestic animals(i.e. horses, sheep, chickens, etc.) E. The deposit of waste, yard waste,or debris. F. Activity detrimental to the screening of the neighboring properties. G. Application of fertilizers, whether natural or chemical. H. Application of chemicals for the destruction ar retardation of vegetation. I. The application of herbicides, pesticides, and insecticides, except for no�ous � weed control by or as directed by a governrnental agency. � � � J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. t 2. That the following are prohibited in perpetuity within the wetland buffer: A. Canstructing, 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, e�:cept: 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boardwalks when allowed by City ardinance and under a valid Gity permit; 3) retaining walls when allawed by City ordinance and under a valid City permit. Creation and maintenance of non-hardcover walking paths may be allowed. 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 and except by special permit for maintenance or as part of an approved vegetation management plan. Grantors may remove brush, buckthorn, 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 ar removal of earth, laam,peat, gravel, soil ar any other natural material. � , I 52906v04 2 ORONO/KINTYRE TWO SRN:r08/09/2010 (Andrade Land Company!MacKinnon) , ' D. Free roaming of domestic animals(i.e., horses, sheep, chickens, etc.). E. The deposit of waste,yard waste, or debris. , F. Activity detrimental to the screening of the neighboring properties. G. Application of fei-�ilizers,whether natural or chemical. � H. Application of chemicals for the destruction or retardation of vegetatian. I. The application of herbicides, pesticides, and insecticides, e�:cept for noxious weed control by or as directed hy a governmental agency. - J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 3. With respect to protection of the wooded steep slopes on Lots l, 2 and 3, Block 2, � Kintyre Two, it is understood by the Grantor that the City may also establish and place special conditions for limiting the heights, design and materials of any retaining walls on, � ' these lots. � 4. Establishment and Maintenance of WetIand Buffer. The wetland buffer, as shown in Exhibit B, shall be estabIished and improved when required by City Ordinances 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, yazd 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 buffering flows into the wetland. 5. Grantor, its successors and assigns, further grants the City the af�'irmative 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 ather 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. 6. Grantors reserves for itself and for its successors and assigns and their invitees, the right to enter upon the easement premises and to do and perforrn 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 Iimited to planting of trees, flowers, and other • vegetation consistent with a conservation easement; walking aiong trails and paths; bird , watching; the study of nature; and all other acts of a similaz nature or purpose. t 52906v04 3 ORONO/}iINTYRE TWO SEtN:rOS/09/2010 (Andrade Land Company/MacKinnon} • ' 7. Grantor hereby grants, gifts,.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. 8. The Grantor herein does hereby remiss, release, acquit and forever dischar�e, forever,the City and any and all of its officers and employees of and from any and aIl c�aims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue . of any flawage or trespass with water within terms of these agreements. . 9. Grantor daes not intend that the public should have any interest in the above land by virtue of this indenture or otherwise,�xcept as hereinabove set forth. IN WITNESS WF�FtEOF, the Grantor hereto has e�ecuted this easement effective �as of the day and year set forth above. GRANTOR: AND E LANI3 CO . r . + Y � + . By: S � s ��-c�� s � , 152906v02 q ORONO/Knv�rYe.�Two SRN:r08/OS/2010 (Andrade Land Company/MacKinnon) STATE�F MINNESOTA ) . � )ss. COUNTY OF��1� ) The foregoing inst ent was acknowledged beforA me this �" day of . , 2Q10, b = the � , of Andrade Land Company,a Mi esota corporation,on behalf af the corporation,the Grantor. !E�►TFREB�l14.E�E�INtE No Public ' t�r�r�•�r� �►aoa�a�a�e��at,scsa , � . , t � THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL ICNUTSON Professional�lssociation � 317 Eagandale Office Center 138�Corporate Center Curve Eagan, Minnesota 55121 'Telephone: (651)452-5000 SRN 152906v02 5 ORONO/Kns►`�Two SRN:r08/OS/2010 (Andrade Land Company/MacKinnon) � FE� O�JF'NER CONSENT TO EASElV��T CATHARINE A.MAC�[NNON anCl SpouSe ,if any;.IAMES D. .MACKfNNoN AND PAMELA A. MACKfNNON, husband and wife; and LEo�vaRn B. MACKINNON and spouse , if any; fee owners of all ar part of the property subject to the foregoing Grant of Permanent Flowage and Canservation Easement and Rest��ictive Covenant for Wetland and Wetland Buffer, far good and vaIuable consideration, the receipt and suf�ieiency of which is hereby acknowledged, do hereby join in and consent to the granting of the foregoing Easement to the City of Orono. Dated this f� day of /`�-v�u� r ,2010. ��a. ...t� t 1�-C�c.�c,....v-�_ ! / CATHAR[NE A.MACKINNON -- JA s D.MAc INNON G✓rt�G��C.'�� - PAMELA A.MACKINNON L�oNA�D. c ON , STATE QF CALIFORNIA ) (ss. COUNTY OF q • ) The foregoing instrument was acl:nowledged before me this t0 day of�'� u� F'—' 2010,by CATHARINE A.MACKINNON 3rid SpOUSe ,i any. � VAlENTtNO FORNESI N TAI�Y PUBLIC Commias►on�F 1768803 � -m Notary Publlc-Caklfornla � Scn Mateo County MyComrtt 6�YesSep 1 fl,2di i 152906v04 6 ORONO/K�NTv�Two SRN:r08/09/2010 (Andrade Land Company/MacKinnon) STATE OF MINNESOTA ) �5S. COUNTY OF ' �.nt,o '� ) The foregoing instrument was acknowtedged before me this��day of . � 2010, by JAMES D.MACKINNON AND FAMBLA A.MACKINNON,husband and wife. � � ��a�S NOTARY UBLIC � nbt�auauc-�mrw-tsar,a ' �Y Comm�rt E�d►es Jan.31�20t5 STATE OF MINNESOTA ) (ss. COUNTY OF �.r��e 'r ) The foregoing instntment was acknowledged before me this f2r day of Qw�c,S� , 2010,by LEONARD D.M.�cKttvt�roN and spous� , if any. ` �A� NOTA.RY BLIC r�rm�r aueuc-� • �'�6�.fsn,3t.20i6 , DRAFTED BY: CAMPBELL KNUTSQN Professional Association . 317 Eagandale Offiee Center 1380 Corporate Center Curve Eagan,Minnesota 55121 (651)452-5000 SMM:srn !52906v04 '7 ORONO/KINTYRE�1V✓O SRN:r08/09/20(0 (Andrade Land Company/MacKinnon) . , EXFiIBIT A Conservation Easement Descrintions C1 utlot S,F{intyre Two; �. �, , . 7'fre East I20.00 feet of Lot I,.Slock 2,Kintyre Twa; _ TFze�ast 200.00 feet of Lot 2,Elock Z,Kinty�re Two; T/te Soutlzerly 30.OQ feet of Lot 3, Elock 2,Kintyre T'wo and that p¢rt of said Lot 3 which lies northerty of the sout/rerly 30 feet of said Lot 3 and whicfi fies easterly of tlre following described�Iine: Beginndng at t/ee interseclion of tlie Nortl: fine of said Lot 3 wit/i a line parallel to and SI0.00 feet west of the Eas! line of said Lot 3; tl:er:ce soutlr along said parccllel line a distance af 9(1.00 feet; flFBttCe SOlL1ItWeSle/'Iy llefTBCtlitg'P[olrt 30 degrees to - tfre north line of sai�t soutlierly 30.00 feel and fhere errding. � � � � � 1529a6v04 g ORONO/KirrrvtteTwo SRN:r08/09/2010 (Andrade Land Company/MacKinnon) EXHIBIT B VidetIand and Euffer Easemerct DescriAtions �. .4n easement for wetland purposes over and across tl�ose parts of Lats l,2 and 3,Block 2, and � Ocrtlot B,Kintyre Two, which lie wit/iin tice drainage easement s/iown on the recorded plat for said Lots and Outlo£. �4n easement for wet[and buffer purposes over and across t/tose parts of�ots I,2 and flae�ast • 200.00 feet of Lot 3,Block 2,Kintyre T'wa which tie wiEhin 50.00 feet vf the drainage easements shown on the recorded plat for said Lots excluding the area within said drainage � easements. ALSO, an easemenf for►vetland buffer purposes over arrd across that part of said Lot 3 lying west of tlze East 200.00 feet of said Lot 3, and that part of Outlot B,1S'infyre 7'wo w/ric/i lies within 36.5 feet ojfhe drainage easements shown on the recorded plat for said Lot and 4utlot e�cCuding the area witfiin said drainage easements. t, r f 152906v04 9 ORONO/KINTYRE T�JVO SRIV:r08/09/2010 (Andrade Land Company/MacKinnon) .,� �r��F�; ,=t�� . .,a�� (14��r�cfi Survey Exhibits h�ere) ._}�� .�',��,�, f�;�. �.;.� . `y� `}�', . s � y11 , �� 11 , ;�. �� . il�/ ir -.% ^yu a �t1� 1., . Q, 'd � t�� `� i< .i i '� 1 � ' � 1� :,,f. � !' J ^ �� '1 , ��. ;�;� � ' J. `t� . a �•: � � di' : �i � . i .� . �: :'K � t Y��jJ� ��i' I 52906v04 1 Q ORONO/KtNrYr�Two SRN:rOSl09/2010 (Andrade 3.,and Company/MaclGinnon) •