HomeMy WebLinkAboutTree preservation easement-2008 ' .� '�.S %�'I u�Da�
Doc No T4646864
Certified, filed and/or recorded on
5/20/09 3:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 45 Pkg ID 539185
Doc Name: Easement
Document Recording Fee $46.00
Document Tota/ $46.00
Existing Certs New Certs
1094334
This cover sheet is now a permanent part of the recorded document.
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TREE PRESERVATION EASEMENT
TREE PRESERVATION EASEMENT
.,, �
INSTRUMENT made this 5v day of �"�D�t31P;20�, by and between
Jessica M. Brown and Phillipe D. Lusardi,husband and wife, ("Grantors"), and the CITY
OF ORONO, a Minnesota municipal corporation ("City").
The Grantors, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent
tree preservation easement over, under, and across the premises described in the attached Exhibit
"A" (the "Subject Property").
The Grantor, for itself, its successors and assigns, agrees that the following are prohibited
in perpetuity on the Subject Property:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, clothes line poles, and playground
equipment within the dripline of a tree,that has the potential to damage the tree.
B. Cutting or removing trees. Removing dead trees, trimming trees to maintain
health, removing diseased trees, and removing selected trees approved by the
City, may be undertaken.
C. Excavation or filling when these activities may contribute to damage or loss of
protected trees.
The above named Grantor, for itself, its successors and assigns does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that'it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
� 135952
1
GRANTORS:
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Jes ea M. Brown
' y._.a � . /�/ � .�
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Phi lipe D. Lusardi
GRANTEE:
CITY OF ORONO
By: �.- �i, GJ�
es M. White, Mayor
(SEAL)
By:
, City Administrator
STATE OF MINNESOTA
� COUNTY OF HENNEPIN
,
This instrument was acknowledged before me this�day of i,,''�h�r ,
2 d�C by Jessica M. Brown, wife of Phillipe D. Lusardi.
a,Q\ DEBORAH R LUCAS ',•
���J N�Y P�ac
�'• �:g/ Minnesota � � �
' My Comm.E�pires Jan 3f.2010 ��•i � � �.�✓
No y F'�ublic
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�day of� �
20�by Phillipe D. Lusardi, husband of Jessica M. Brown.
,.�+w�r
. ELiZABETH J.WOCKENFUSS
,
NOTAAY PUBLIC•MINNESOTA Notary Public
o MY COMMISSION IXPIAES 01I31�2013
135952 2
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1�`�-day of
�, �_, 20�, by James M. White and by Ui;1�;��, W�. �� S , respectively the Mayor
an City Administrator of the CITY OF ORONO, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
�!�� .d - �/-�-��
LINDA S.VEE
Notary Public
NOTARY PUBLIC'f M anE31��10
•..�w;, My Commission Exp'
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota SS l21
Telephone: (612j 452-5000
SMM/jmo
I35952 3
EXHIBIT "A"
Legal Descrintion of Tree Preservation Easement:
. thot part of
Lot 3, Block 2, MYR7LEWOOD, Hennepin County, A,linnesofa, according
fo the reco�ded plat thereof described as tol/ows:
Commencing at the Southeast comer of said Lot 3; thence on on
assumed bearing of North 80 degrees 48 minutes OS seconds West, olong
the South line of said Lot 3, a distance of 135.10 feet to the point of
beginning; thence North 09 degrees 11 minutes 55 seconds East, a distance
of 5.00 feet; thence North 80 degrees 48 minutes 05 seconds West, a
distance of 35.73 feet; fhence South 09 degr-ees 11 minutes 55 seconds
West, o distonce of 5.00 feet to the South line of said Lot 3; thence
South 80 degrees 48 minutes 05 seconds East, along soid South line, a
distance of 35.73 feet to tf►e poin t of beginning.
135952 �
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on October 30, 2008 with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNEtSS my h d officiall as such City Clerk and the Corporate seal of the
City this /'�day of , 2009.
�. �
.;�,°�����'�a���`'�� Mo ica Fadness, Administrative Assistant
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