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Home My WebLink AboutFlowage/conservation easement/Restrictive covenant wetland/buffer ' . � ..� . . . �- , �I i�l Doc No 4434032 10/05/2007 04:30 PM Certified filed and or recorded on above date; Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Regisfirar of Titles TransfD 347422 Deputy 55 New cert Cert Fees 1212884 $1,50 AF . $10.50 STATEFEE . $34.00 TDOCFEE $O.OQ 7SUR $46.00 Totaf � . , , � . � . , . , � � � ' � �, (reserverfor recording l►Ef'oraualtanJ GRANT OF PERMANENT FLOWAGE AND C4NSER'VATION EASEMENT ,A.ND ; RESTRIC�'IVE CUVENAN'� FOR � WETLAND AND WE'I`LAND BUFFER THIS YNSTI2UMENT, m2tde this �'�� day o#'October, 2007,by BPS PR�PERTIES, � LLC("Grantor'�,a Minnesota lunit,ed liabiliiy company,to and in favor ofthe CITY OF OR�NO I � (the"City"},a M.innesota municipal corporation,iis suacessors and assigns; } i WITNESSETH: 1. Grant of Easement. Grantox, for good and valuable consxd.eration paid by the City, the receipt and sufFiciency of which are hereby acI�ow2edgad,hereby creates and grants unta the . City, ifs successors and assigns, a permanent flawage and conservation eassment for the purposes � set forth in this ins�rumerYt,over,under and across the"Wetland"and"Wetlend Buffer"(sometimes � referred to cotlectively as the"Easement Area"}described on Exhibit"A"attached hereto and made � a part of this Instrument by reference.. 2. Frolubitions. Crrantor, on behalf of itself, its successors and assigns, hereby � . covenants�d agrees as follows: a. That the following are prohibited in perpetuity within the Wetland: �; 1. Constructing, installing or mazntaining anytlTing made by man, including , but not limited to buildings, structures,walkways, fences, retainix�g walls, � fireplaces, clothes line poles, playground equipment, roads, h�ardc�vez of � any kind, underground utility lines and distribution equipment,light poles, . traffic siguals, ira�a regulatory sigris and �ailboxes, except: l) feeders, � 6ird houses, and other devices intended to foster wildlife, and 2) docks or baazdwalks when allowed by City ordinance and under a valid City j permi#. � 3D4�284v2 � � ... ..... ..... .:. ...., ...._ . ,.. - L 2. Cutting, rnowing or zemoving shzubs or other vegetat3on, and cutting, : destroying or removing trees greater tha,n four inches in diameter, except . for iree disesse cantrol b� or as directed by a govermmetttal agency and ; � except for removal of brush, diseased ar dead trees of any size, and noxious weeds. ' 3. Excavating,filling or material alteration of grade,including changes to the ; size, depth or contour of the Wetland, and ciredging, mining or removal � from ttie WeEland of earth, laam, peat, gravel, soil ar any other natural material. 4. Deposit of waste,yard waste or debris. 5. Activity de'trimental to th�screening of neighbor9ng properties. E 6. Application af fertilizer,whether natural or cb.exnical. 7. Application of chemicais for the desintction or retardation of vegetation. j $, App�ication of herb�icides, pesticides or insecticides, except for noxiaus � weed cflntml by or as directed by a goverrimental agency. 9. Outside s�orage o:f any kin.d. 1 U. Activity detrimental #o tJae preservation of tk�e scenic beauty of, and vegetation and wildlife within,the Wetland. b. The follovvittg are prohibited in perpetuity within Che Wetland Bu�f'er: i . � 1. Canstructing, ins#alling ar maintaining anytiung made by man, including : � but not limited to buildings, structures, watkways, fences, fireplaces, clothes line poles,playground equipmen�,roads or hardcover of any kind • whatsoevez, except ].)feeders,bird hnuses,and other devices intended to F foster wildlife, 2) docks or boardwalks when allowed by City ordinance . and under a valid City permi�,and 3)retaining walls when allowed by City � ordinance and under a valid City permi� 2. Cutting, mowing or removing shrubs or other vegetation, and cutting, i destroying or removing trees greatez�taan four inches in diamefer, except � � for tree disease contro� by or as directed by a governmeantal agency and except for removal of brush, diseased or dead trees of any size, and � � noxious weeds. 3. Excavating,filting or material alteration of grade, inclucizng changes to the size, depih or contour of the Wetland Buffer, and dredging, minin� or 2 � 1040284v2 ... _. _... .. , _ _ , ,.. >. .. . _.. .. . . ... . .... ... .. . ,. . •� . ... . , � removal from the Wetland Buffer of earth,loam, peat, grarreI, soil or any . other natural materia�. � I 4. The deposit of waste,yard waste or debris. 5. Activity detrimental to the screening of ueighboring properties. € � 6. Application of fertilizer,whether naturai or chemical. ; 7. Application of chetnic�ls for the destruction or retardation of vegetation. 8. Application of herbicides, pesticides or insccticides, except for naxious weed control by or as directed by a governmenfial agency. : 9. Outside storage of any kind. . � 10. Activity detrimental to the preservation of the scenic beauty of, and tYie . vegetation and wildlife in,the Wetland Buffer. 3. Establishment and Maint�aance of Wetland Buffer. The Wetland Buffer, ; measuring 16.5 feet in width at all points around the Wetland,shall be established and impraved � to become an "acceptable bt�er area" as described within City ordinances, and shall thereafter ;. � be maintained by Crraharn Hill Preserve Homeowners Association (the "Association"), a f Minnesota nonprofit carpoz~atian, in perpetuity, free fxom mowing or� other vegetati�e disturbance, fertilizer app�ie,�.tion, yard or othez waste disposal, glaoement of structures or any other alteration that impedes the fiuxctaon af tbe Wetland Buffe�r in protecting tkae quali2y of water in the Wetland or buffering flnws into the We#land. 4. �ti�?hts of the City. Crrantor,fox itself,its successors and assign.s, furfher grants to f the City the affirinative right, but not tlie obligation,to do any or a1I of#he f�llowing withi�n the ' � Easement Area: � A. Preserve, improve and enhance the slope, trees, vegetatian and natural habitat within the Easement Area by altering, clearing a�nd xemoving trees . ar ather vegetation, by changing Yhe contour of the land, and/or by F� . planting trees or other vegetation;and B. Enter upon the Easezneat Area at any time�to enfoice compliance with the terms af this Instrument. � � 5. Reserved ] 'shts, Grantor reserves, for itself and its successors, assigrts and invitees,the right to enter upon the Easement Area and to do and perform on the Easemcnt Area j� such acts as are not incansistent with the easement rights granted to the City herein. Such uses ! shall be deemed to include, but not be limit�ed to, planrin� trees, fiowers and other vegetation consistent with a cozaservatian easement;walking along trails and other�ths,bird watching;�tie � study of nature;and all other ncts of a similar nature or purpose. 3 . 1040384v2 i 6. � Flowa�e Easenment, Grantor hereby grants, gifts, quit claims and conveys to the � City a perpetua! flowage easemant, and rights and privileges to trespass wAtb.water, over and . upon an�or all of the Easement Area. 7. Release. C3rantor hereby remises,releases,acquits and forevez discharges the City ; � and any and all of its officers and employees of and from any and all cL�ims,demands ar oauses ' of action of any kind or nature whatscever whieh may arise or accrue by vixtue of any flowage or : trespass with water as permitted by this Instrument. � � s 8. No Fublic Riahts. Qrantor does not inEend that the public should have any interest in the Easement .Area by virtue of this Instnunent or otherwise, except as otherwise expressly se#forth above. � IN WITIYESS WSEREUF, Grantor has executed this Tnstrument, effective as of the day s and yesr set forth above. GRANTOR: � � BPS Properties,LLC � By G rge W. Stickney Its CY►ief Manager ; � i � � i � . (, � � � � �: � i , i � { i �. t'. 4 I: 10e�028Q.v2 r STATE OF MI'NNESOTA } }ss. CQUNTY OF HENNEPIN } _ The faregoing instrument was acl�owledged be�ora rne this �'7" day of October, 2007, by George�V. S�ickney, the Chief Manager of�PS Properties, LLC, a Minnesota limited liability company, Grantor,an behalf af�kt�e]imited liability company. � � � � � i � h i �ti�� H��B N X PUBLIC � Noair P�Nc • � • My Comm.E�Mes J�n 31,201Q � ; . � � i � i } DRAFTED BY: Campbei]I{nWson � Professional AssocMatio,n ; 327�Tagandale Office Center 1380 Corporatc Ccscrter Ctime � Eagan,Minnesota 55121 � Telephone:(651)452-5000 , " � SMM . • . � � 5 ioao2sav2 .. • . � . � , e , , � MORTGAGEE'S CONSENT Ridgedale State Bank, a Minnesota banking corporation that holds a mortgage (the "Mortgage"�on the Easemeut Axea descxibed in the foregoing Crrant of�erman:ent Flowage and F Conservation Easement and Restrzative Covenant for Wetland and Wetland Buffer (the ' "Inatr�nnent"), which Mortgage was dated January 16, 2007 and recorded in the affice of the � Registrar of Titles in and for He�epin Cotanty, Minnesata on January 17, 2007 as Docurnent � No. 4348596, hereby consents to the foregoing Instrument and agrees that its lien, rights and � remedies under the Mortgage shall be subject and subordinate to tha terms and conditi.ons of the � Instrumeirt. ltidgedale St�te Bank �� t By: . xts: � � STATE OF MINNESOTA ) . � )ss. ? COUNTY OF HENNEPIN ) ; The foregoing ins ent was acknowledged before e thi.s � day of October, 2007, by [�a c�r�F �a ,��h�J�yL _, the J'��r'de�.f- o� Ridgedale State Bank,a Iv�i:nn.esota bankiug corporat�on,on behalf of the coxporation. ; � � . / /f. � I �' �� b'��-- f TARY P IC f DItA.FTED BX: ,�„�. ;: Campbell Knut�on �acc- OEBORAFI R LUCAS : Profeasfonal Assacfatlon � �qpy p� � 31y EagandaIe Officc Center �y ' + 1380 Corporate CetNer Curve Eagart,Minnesota 55121 �Y��++31,?A10 Telephone:(bil)452-5(700 � C MICB F ' I ft I f 6 i 1040284v2 , , � , . �. ; EXHIBIT "A" DESCRIPTION O�'EASEM�NT A�2EA A. WETL.AND All areas designated on the plat of GRAHAM�SXT�I.PRESERVE,Hennepin County,Minnesota, � according io the recorded plat thereo#',as Wetland or Wetlands, : B. W�TI,AND BIJ�'FER Ail areas within tY�e plat of GRA.HAM HILL 1'RESERVE,Heruiepin Cauniy,Minnesota, according to tha recorded plat thereof,that are within sixteen and one-half{16.5)feet of any Wetland. i I. ; i 7 1D40284v2