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Home My WebLink Abouteasements-2006 Doc No 4334903 12/07/2006 12:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles �, �;��: Hennepin County, Minnesota `� " �.,, Michael H. Cunniff, Registrar of Titles �``''"� -. ,,�. TranslD 275059 Deputy 37 Newcert Cert Fees 1194893 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total SHARED DRIVEWAY AND MAINTENANCE EASEMENT DECLARATION The Shared Roadway and Maintenance Easement Declazation da.ted this 6th day of December 2006 by Loren R. &Marlene K. Fritz collectively referred to as Users. Background of A�reement Users are owners of adjacent properties in the City of Orono,Hennepin County, MN. Loren R. &Marlene K. Fritz is owner of the property known as Lot 1, Block 1, Sherri Lakeview Estates. Loren R. &Marlene K. Fritz is owner of the property known as Lot 5, Block 1, Sherri Lakeview Estates and Outlot A Sherri Lakeview Estates. The Users own properties that abut each other and have access from North Shore Drive. There is a driveway that serves both properties over the north 5 feet of the east 20 feet of Outlot A, Sherri Lakeview Estates and the north 5 feet of the west 20 feet of Lot 1,Block 1, Sherri Lakeview Estates. The Users have determined that it is in their mutual interest to have executed and recorded and agreement for sharing the costs of maintenance and repair of the driveway. The purpose of this Agreement is to place into writing the mutual rights and obligations the users of the jointly used driveway. A�reement NOW TI�REFORE, in consideration of their mutual promises and intending to be legally bound,the parties agree as follows: 1. Grant of Easement. Loren R. &Marlene K. Fritz owner of Lot 5 Block 1, and Outlot A Sherri Lakeview Estates, grants Loren R. &Mazlene K. Fritz, owner of Lot 1,Block 1 Sherri Lakeview Estates a permanent easement over and across the north 5 feet of the east 20 feet of Outlot A, Sherri Lakeview Esta.tes for the purpose in ingress and egress to their adj oining properly. 2. Grant of Easement.Loren R. &Marlene K. Fritz, owner of Lot 1 Block 1, Sherri Lakeview Estates, grants Loren R. &Marlene K. Fritz owner of Lot 5, Block 1 and Outlot A Sherri Lakeview Estates a permanent easement over and across the north 5 feet of the west 20 feet of Lot 1,Block 1, Sherri Lakeview Estates for the purpose in ingress and egress to their adjoining property. 3. Sharing of Costs and Eznenses. The parties shall share the expenses as follows: Loren R. &Mazlene K. Fritz,their successors and assigns sha11 pay one-half of the maintenance and repair of the driveway that is jointly used over the north 5 feet of the east 20 feet of Outlot A, Sherri Lakeview Estates. Loren R. &Mazlene K. Fritz,their successors and assigns shall pay one-half of the costs of maintenance and repair of the jointly used driveway over the north 5 feet of the west 20 feet of Lot l, Block 1, Sherri Lakeview Estates. 4. Binding Effect.This Shazed Driveway and Maintenance Agreement shall not be modified except in writing signed by the parties,their successors or assigns. This Agreement and its obligations and benefits shall run with the land and sha11 be binding upon and inure to the benefit of the parties hereto and there respective successors and assigns. . IN WITNESS WHEREOF,the undersigned has executed this instrument the day and vear first set forth. DECARANT: By: Loren R.Fritz C�'�� Marlene K. Fritz , Marital Status: Husband and Wife � STATE OF MINNESOTA} } COUNTY OF r 1 � � '-,, r,, The forgoing instrument was acknowledged before me this � — day of �C�i%� �{� 2006,by �t��f� � ��'Z Q�L�1��1�. 1`�. �Y1�'Z Public JENNIFER STEIN NOTARY PUBLIC-MINNESOTA This Instrument Was Drafted By: �"�'�0f""'�0"��n�3t,�o�o Loucks Associates 7200 Hemlock Lane Suite 300 Minneapolis, Minnesota 55369 Doc No 4334904 12/07/2006 12:00 PM Certified filed and or recorded on above date: � '• , Office of the Registrar of Titles Hennepin County, Minnesota '' Michael H. Cunniff, Registrar of Titles � TranslD 275059 Deputy 37 New cert Ce�t Fees 1194892 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total ; (.., .r. SHARED DRIVEWAY AND MAINTENANCE EASEMENT DECLARATION The Shared Roadway and Maintenance Easement Declaration dated this 6th day of December, 2006 by Loren R. &Marlene K. Fritz,collectively referred to as Users. Background of A�reement Users are owners of adjacent properties in the City of Orono,Hennepin County, . MN. Loren R. &Marlene K. Fritz is owner of the property known as Lot 2, Block 1, Sherri Lakeview Estates. Loren R. &Mazlene K,Fritz is owner of the property known as Lot 4, Block l, Sherri Lakeview Estates and Outlot B Shem Lakeview Estates. The Users own properties that abut each other and have access from North Shore Drive. T'here is a driveway that serves both properties over Outlot B, Sherri Lakeview Estates. The Users have determined that it is in their mutual interest to have executed and recorded and agreement for sharing the costs of maintenance and repair of the driveway. T'he purpose of this Agreement is to place into writing the mutual rights and obligations the users of the jointly used driveway. Agreement NOW THEREFORE, in consideration of their mutual promises and intending to be legally bound,the parties agree as follows: 1. Grant of Easement. Loren R. &Marlene K.Fritz owner of Lot 4 Block 1,and Outlot B Sherri Lakeview Estates, grants Loren R. &Marlene Fritz,owner of Lot 2, Block 1 Sherri Lakeview Estates a permanent easement over and across Outlot B, Sherri Lakeview Estates for the purpose in ingress and egress to their adjoining properly. 2. Sharin� of Costs and Ezpenses. The parties sha11 share the expenses as follows: Loren R. &Marlene K Fritz,his/]ner successors and assigns shall pay one-half of the maintenance and repair of the driveway that is jointly used over Outlot B, Sherri Lakeview Estates. Loren R. &Marlene K. Fritz,their successors and assigns shall pay one-half of the costs of maintenance and repair of the jointly used driveway over Outlot B, Sherri Lakeview Estates. 3. Binding Effect. This Shared Driveway and Maintenance Declazation shall not be modified except in writing signed by the parties, their successors or assigns. This Agreement and its obligations and benefits shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and there respective successors and assigns. IN WITNESS WHEREOF,the undersigned has executed this instrument the day and year first set forth. DECLARANT: By: Loren R.Fri /� � � Marlene K.Fri Marital Status:Husband and Wife STATE OF MINNESOTA] } COUNTY OF�� ,J The forgoing instrument was aclrnowledged before me this (J!day of��/!�f'1�2006,by I�O�� R -1��-��. c� Ma.r I-en� � ��t2 N Public JENNIFER STEIN NOTARY PUBLIC-MINNESOTA Mh�1on Expires Jan.31,2010 This Instrument Was Drafted By: Loucks Associates 7200 Hemlock Lane Suite 300 Minneapolis, Minnesota 55369 Doc No 4334905 12/07/2006 12:00 PM �;��, Certified filed and or recorded on above date: "��;�_ Office of the Registrar of Titles ,, Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 275059 Deputy 37 New cert Cert Fees 1194893 $1.50 AF 1194892 $10.50 STATEFEE $54.00 TDOCFEE $0.00 TSUR $66.00 Total t TRAIL EASEMENT THIS INDENTURE, made this 6th day of December 2006, by and between Loren R. Fritz and Marlene K Fritz hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation, hereinafter referred to as "Grantee". WITNESS, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for public ingress, egress, and access for trail purposes and uses, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit A,which is made part of this document. including, but not by way of limita.tion, a full and free right and authority to enter upon said land to construct, insta.11, maintain, operate and repair a gravel or paved trail and any and all appurtenances, incidental and related thereto, (all of which are hereinafter referred to collectively as the Improvements). The Grantee shall have the right to make use of said land as is reasonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvements. In addition to any other remedy the Crrantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they have a lawful right and authority to convey and grant this easement,and that the land is free from a11 encumbrances except: 1. Drainage and utility easements 2. Driveway and cross access easements. Page 1 of 2 IN WITNESS WHEREOF, the Grantor(s) have executed this document on the day and year set forth above. DECLARANT: By: Loren R. Fri � , Marlene K. Fri Marital Status: Husband &Wife STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) T�' instrumenx was acknowle ged before me this�P day of I�ecember 2006,by 1�r-��l 1�, � , 'r-2 C� ��M�r I�P�� • ►+2 O Y PUBL C JENNIFER STEIN NOTARY PUBLIC-MINNESOTA �-,;,,;; My Camrrission Expires Jan.31,2010 This ins�rument was drafted by: Ciry of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Page 2 of 2 � GXfI IU� � / • SHERRI IAKEVIE1r �----Most NMIhMy Ltnt O�Oulbt 11 �-pry�qed TIOA Eo!lmMl ESTATES — — — — — — — — — — — — T — — — — — — — � — — — � — — — — � -- �ir..,, :at,. yta. „�E �r:�:r:; • � !— � ac�i..sm...eaa � ceiiii?i: � .ii�i: i rxaRawna�xo.m i�, _ _ _ _ —y°a-s.i q -�fw5a2!t N¢I.t—�� / a'-�ua-a; �e<sae�cr..nx,aer�-_ . r� -n.,.,.°o"A,`��:, ;„�,:�"�„.::," e� ��` a NOR7N SHORE*`.� • �OR1VE � _ % a �: - _ _� _ _ _ _ _ _ � _ _ �' "avri� f'xu�� i�-�___ � �� I Orono.Minnno�a I 3� � � �� y br LORENFftITZ i� e .,�°�i $ �� I n �'e I . . � •��,.� A 0 �% � I � I �R I 7l15NwM5hnedive �:. � � � � I � Omn.WnmSS]N � • � 3� ��l ' 2 � y� I � - i � � � i � •st .• �� -- — ----�mW------------ t] � �.. � \ �--nlw(>lN6s/QIOYM6a/[[� �_—__ -- a�a. I 1 , , I �� a.�e � i :`i: I b' � arn•a2 �aa— I�J � b• I � � _ _.�,r' '"°°p�_ , ' ——— -� �: - . �„ / - - - -�— �fCQ��Y 1�.�� t Jy�� __, �D.Oi / , , ��_�� . I :•` I _ P S�rvim ..� � I w.W'f��t � t�f� �;�� •��.y�B l O C I� ;1 ' �„,:`.:,�..��m �: ::r - , dP � s w. r.: � � "~ � �� % ' `: u� I ASSOCIATES i y �'� ... .-= � � , i � � � . � I i i ' , // /� I i � i,: •. ,: 4 ; i:: . �� .-, 6 _ � � c: � I ,...:4 w....,...'�,�..,.�. ._, � ----- � I •-• � � ----------- � � ._. . ---------- t' � � �.. .a -------------- 3 �� ,;'�.'��: .>: ::: .:. �, _______m�.____ �� I I � �.a.nw.rw..w � I r,i , r�M..nu� s � ------- i i i �`��'°`"w.r..n '" I ow.�uYl'�"SY� ::; _ • ' ------ ' ----- :;: � I -��'- - --i-----=-"- — �---------- -- — p I'r � � - ... �r 1�=—————— --�,..,_—————�:f�: �' ' � ------- I �__�..�_ � — ----- � � ,,..,, — — ---- - =�.;r.:�"�„:'^ .�>�..��-� "'_,—^.r r. ��M: � Proposed legal description for a trail easement over and � I � I �— � across Part of Lots 1, 2, and 3, Block 1, and Outlots A.and � � B, SHERRI LAKEVIEW ESTATES. (September 27,2006) An easement for trail purposes over and across those parts of Lots 1, 2 and 3, Block 1, and - f� Outlots A and B,SHERRI LAKEVIEW ESTATES,according to the recorded plat thereof,Hennepin ' "'^"""'=; Count ,Minnesota,described as follows: nortrx r '�,`�"-�'.� .�,�,� --�- The northerly 10.00 feet of said Outlot A; o ao eo �— Together with: I lel � � . sc��E iN veEl' ais mac s_s— The northerly 10.00 Feet of said Lot 1: _.._�>R,,,.e �.I�v"�� Together with: „„,,,�„� w�w.a�wo u�u,.ugwns.� The northerly 10.00 feet of said Outlot B; �� . �— Togetherwlth: b �� a _I_JLJ-- The northerly,the northeasterly and the easterly 10.00 feet of sald Lot 2; �6��+�TME*� �— a:�.e.�.o w�..�,ro e w�r«.o��oow�x Proposed Trail Togetherwith' "KiN�1Oa'�."�a.`'0`""' EasementEzhibit The easterly 10.00 feet of said Lot 3. T�— . OS( f� 1 OF � Doc No 4334908 12/07/2006 12:00 PM Certified filed and or recorded on above date: Office of the Registrar of Tities Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles '`�.;;�;, . �: TranslD 275059 De ut 37 °�{.':,-_ New cert Cert Fees y t` 1194893 $1.50 AF 1194892 $10.50 STATEFEE $54.00 TDOCFEE $0.00 TSUR $66.00 Total _ . � DECLARATION THIS DECLARATION ("Declaration') is made this 6� day of December 2006,by Loren Fritz and Marlene Fritz, [husband and wifeJ ("Declarant"). RECITALS WHEREAS, Declarant is the owner of real property within the City of Orono, Hennepin County, Minnesota,platted and legally described as: Block 1, Lots 1,2,3,4 &5 and Outlots A&B,Sherri Lakeview Estates (the "Property") and no one other than Declarant, [name additional parties executing declaration of Consent and Subordination],has any right,tide or interest in the Property. NOW,THEREFORE,Declarant makes this Declaration and hereby declares that this Declaration shall constitute convenants to run with the Property in perpetuity,and further declares that the Property shall be owned, used, occupied, and conveyed subject to the convenants, restrictions, easements, charges and liens set forth in this Declaration,all of which shall be binding on all persons owning or acquiring any right,title or interest in the Property, and their heirs, successors, personal representatives, and assigns. Maintenance of Rain Gardens. 1. The rain gardens identified on the site plan for the Property attached hereto and incorporated herein as Appendix A, shall be maintained by Declarant and 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 rain garden in protecting the quality of water or flows downstream. i 2. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: By: Loren R. Frit •� /� Marlene K. Fri , � � Marital Status: Husband&Wife �� STATE OF MINNESOTA) )ss. COUNTY OF� ) The foregoing instrument was ac owled ed before me this �.P�da,�/of , �C-P/►'�'1�PJ1' , 20(lo by ��Qh , �1�2 G1o�l� . I`�'�Cl ��C. +�. ��2 ublic JENNIFER STEIN � NOTARYPUBUC-MINNESOTA This Instrument Was Drafted By: '''�' "y�OfY"'�10°�g��n-3�,20�0 Locks Associates 7200 Hemlock Lane Suite 300 Minneapolis, Minnesota 55369 2 I � I � ; I I I � I I ' � � i � ,,._.. , I i I 1 � � � L ___----��,�8' �"'---- I -I j � � I . � � _ i � //% � I ; I / � I / � I � ; � :,1, 1 A'`; � J ' � � I7`I m 1 F� �r�� J� ' ��$ I e5� m I a 1 J � ��4iw � 2 Rp�f � {") � , � ,,�� p� �xtR ' I C ' ` �,�y�'�0 �� ' j � \ � � ' N � ,��\��.._..�J i � D i _��_w-�.,,, i � m t .� i i %�g -�`j i � i � � o�o � , � _ , = I � �� 1 e � i vF = I t' � i 9 � p � �� fl i . � � � � ' �, i [��i.I,'�j;t'`��i'�1<<'�Jj 1i;fiii' j i�� :h� �i ( t�liI��Fi�{1�iF 1�!1 Et��Olt�t.�� (1 � i � i��i�'� � �'r"r��i``` '�1�1�� ``��►R � �,� t«i �i�(1it+7°[�j �� ilt "'m i I ►s .,i �t;; � .�;i 1l,,.�� - �6��'i ��!1��:�!i�(z �'N,: �( t�,ji�;A �$o �I� ; �!_� �'1�tilf��;�}�¢ I�;�� {s 1��(��_ � � � I� I p� i �;.i,� ;� i �t�;i �} � s�i� x I I s,��, ,i'',�f�t,',� � ,r �� ,;i�`= � ��1�,�i ; +y' ((( . 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Doc No 4334906 12/07/2006 12:00 PM �;� .,3hd"rF Certified filed and or recorded on above date: `�=-- :,-: Office of the Registrar of Titles " Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 275059 Deputy 37 New cert Cert Fees 1194893 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total . • •ZG�� AND PRIOR TAXES PAI� TAXPAYER SERVICES TRANSFER ENTER�D ��c o 5 �oos }�E�J NE UNTY MINN. �ff� Gi�� "�PUTY (reserved for reco�din�i�tfonnutinn) GRANT OF PERMANENT - FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER �N�RUMENT made this �� da of��'3��- , 2006, by and between �� Z and/�/�i P�� Y• � � ? zhusband and wife, the Grantors, and the CITY OF ORONO,a Minnesota municipal corporation ("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a permanent flowage and conservation easement for the purposes set forth in this instrument, over, under, and across the (wetland) (wetland buffer) (wetland and wetland buffer) as described in the legal description and site plan attached hereto as Exhibit A(the "easement premises"). The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree as follows: (ificlude those that are applicable: l, or 2, or l and 2; 3a or 3b; 4, 5, 6, 7 and 8) 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 125005 1 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. 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. 3a. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring feet in width at all points surrounding the wetland and as shown in Exhibit A, shall be established and improved to become an "acceptable buffer area" as described within City Ordinances, and shall thereafter be maintained by Grantors in perpetuity free from mowing or other vegetative disturbance, fertilizer application, 125005 2 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 buffering flows into the wetland. 3b. Maintenance of Wetland Buffer. The wetland buffer, measuring feet in width at all points surrounding the wetland and as shown in Exhibit A, shall be maintained by Grantors in perpetuity as an "acceptable buffer area" as described within City Ordinances, 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 buffering flows into the wetland. 4. Grantors for themselves, their heirs, successors and assigns, further grant 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. Grantors reserve for themselves and for their heirs, 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. Grantors hereby grant, gift, quit claim and convey 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(s) herein do 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 or accrue by virtue of any flowage or trespass with water within terms of these agreements. 8. Grantor(s) do 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 parties hereto have set their hands effective as of the day and year set forth above. GRANTORS: .�� '.l' � ��a2��- � , � ]25005 3 STATE OF MINNESOTA ) )ss. COUNTY OF ! �� ) The foregoing instrument was acknowledged before me this � day of bC� �-� , 2006, by Lo��„� .C�r��2 and IVlnrle►•�K. Fr��►--s- , husband and wife, the Grantors. � �� NOTA PUBLIC GAYLE M.KOCH I�TARY PUBLIC-MINI�SOTA DRAFTED B Y: Yy Ca�un�iai Expres Jan.31,2010 Campbell Knutson Prafessiortnl Associntion 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone:(651)452-5000 MKB 125005 4 � - � �W SHERRI LAKEVIfM p'�* �� ESTATES ' �^-Northwesl ewnx ol lot 5 ,-North Iine of Lot 5 � �� , * _._._._._ � S89 28'19 E' 275�23 , -� 30.00 �_ �� . _.—._._.—. . - d,��a �j'-s.oi -,N�• I N I amo,Mimuou . .✓♦ O`� � �O I � ��i �` ' �..� ,..LORfN FWR � � '� 2 � � . .y�, i ry ) ��,�.o�.. ;�; N , �,hry} � o�o.w�..a+sswr �-- �c � ?�h � �� I ' � � � /��, .-. •_ d � �y'' G �� - . -- � I N77'S6'42�E � �•t��'L°, ` _ la i�/ •-- z , ��.�9 .� a �vo I r � � � .o� �0��` � � ASSOCtATB u 0 g i,'� i �"'.o v �59 S1� i r� 4 �.-`.•a..�.+.•�....�,.. �., �.+.....«.�.��.. - � N88'087J E � �. i�- ----rest line of lot 5 6J.15 �_�-Wetlond Bu1tv Line �Y � ��'" �i_ -�Drainoge ond utility �o I o� ..-+...�....- � _1� i easement per plat __J �,� � �-------------------- 4------- �--- - - � - --__=— Proposed legal description for a Flowage and Conservation Easement over and across part of Lot 5, Block 1, SHERRI LAKEVIEW ESTATES. (September 27,2006) _ An easement for flowage and conservation purposes over and across part of Lot 5, Block 1, �� F� .""a"�� ' �29 SHERRI LAKEVIEW ESTATES, according to the recorded plat thereof, Hennepin County, o � ,o ��, Minnesota,described as foilows: n n I � i rr r.� �,��^�� Beginning at the northwest corner of said Lot 5; thence southerly on an assumed bearing of � �" � a�—"" �� South 04 degrees 06 minutes 18 seconds West, along the west line of said Lot 5, a distance of - -�>�*�^�^ 39.56 feet;thence South 60 degrees 29 minutes 33 seconds East a distance of T8.14 feet; thence ��"�"r-"- North 77 degrees 56 minutes 42 seconds East a distance of 17.79 feet; thence South 66 degrees ��°� �� 19 minutes 06 seconds East a distance of 9.40 feet; thence South 32 degrees 43 minutes 13 _, � seconds East a distance of 37.59 feet; thence North 88 degrees 08 minutes 13 seconds East a ,_ dtstance of 63.15 feet; thence North 59 degrees 04 minutes 00 seconds East a distance of 37.78 I feet; thence North 47 degrees 48 minutes 37 seconds East a distance of 44.29 feet; thence North --�— -�-- 33 degrees 45 minutes 54 seconds East a distance of 52.31 feet; thcnce North 01 degrees 05 �,�•,�,�„� ` ,.,,,,m e.o.s Pr sed Flowage ' minutes 26 seconds West to the north line of said Lot 5; thence westerly, along the north Ifne of �a,;,;,;;,Kti;,�->--•• an�co�,uo� said Lot 5,to the point of beginning and there terminating. �semencexhtbic ......�....�..._...�.�,......._ oso � 1 OF Doc No 4334907 12/07/2006 12:00 PM ' Certified filed and or recorded on above date: 7 Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 275059 Deputy 37 New cert Cert Fees 1194893 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total r-, DECLARATION THIS DECLARATION ("Declaration") is made this 6th day of December 2006, by Loren Fritz and Marlene Fritz, [husband and wife] ("Declarant"). RECITALS WHEREAS, Declarant is the owner of real property within the City of Orono,Hennepin County,Minnesota,platted and legally described as: (Block 1, Lot 5��and Outlo�� A, Sherri Lakeview Estates (the"Property") and no one other than Declarant, [name additional parties executing declaration of Consent and Subordination], has any right,title or interest in the Property; and NOW,THEREFORE,Declarant makes this Declaration and hereby declares that this Declaration shall constitute convenants to run with the Property in perpetuity,and further declares that the Property shall be owned, used, occupied, and conveyed subject to the convenants,restrictions, easements, charges and liens set forth in this Declaration,all of which shall be binding on all persons owning or acquiring any right,title or interest in the Property, and their heirs, successors,personal representatives, and assigns. Maintenance of Ivy Plantings on Retaining Walls Agreement 1. The Ivy plantings shown on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity for purposes of cornpliance with City of Orono Ordinance requirements. 2. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF,the undersigned has executed this instrument the day and year first set forth. DECLARANT: By: Loren R. Fritz ��r r Marlene K. Fritz � Marital Status: Husband& Wife STATE OF MINNESOTA) , )ss. COUNTY OF � ) The foregoing instrument was acknowled ed before me this ��day of L�c�� r .Zo�by ► �- ��2. �,�-2. ��d ��_ K. �►�t2 No ar ublic JENNIFER STEIN NOTARY PUBLIC-MINNESOTA This Instrument Was Drafted By �� tihc�on��an.3�,20�0 Loucks Associates 7200 Hemlock Lane Suite 300 Minneapolis, Minnesota 55369 2 . ' � � I � � i � I �I i i I I i �.._.. ;.�t; � I � ,.., i:;"?� � - � � .- I I � � L--------- ��,'/� �---' I __ +� � � ' � � � I . � I � �� ' � � i 1 � J � / � . 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