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Home My WebLink About3065Existing Certs 405358 II I 11111 1111 iii III LAND TYPE Torrens (T) DOC NUM 5754436 Certified, filed and/or recorded on Oct 6, 2020 8:20 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 2079011E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (Above Space is Reserved for Recording Information) Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Replacement Wetland Declarant: City of Edina General Location of Replacement: Sec. 7, Twp. 116N, Rge.21W, County of Hennepin This Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Wetland (Declaration) is made this 21st day of April, 2020 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the realproperty described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan underMinnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0420. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is Nine Mile Creek Watershed District whose address is Discovery Point, 12800 Gerard Drive, Eden Prairie, MN 55346 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. BWSR Forms 11-25-09 Page 1 of 4 RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat, ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, theDeclarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526; BWSR Forms 11-25-09 Page 2 of 4 (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacementplan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in thereplacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LOU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. BWSR Forms 11-25-09 Page 3 of 4 Dated: April 21, 2020 B CITY OF EDINA DowSigned by: BY. - 11)700487EDDE4C2... James Hovland, Its Mayor --DcouSlgned by; \--659631)794,C043145— Scott Neal, Its City Manager STATE OF MINNESOTA ) ( SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledge before me this /51ray of (.5. 2020, by James Hovland and by Scott Neal, respectively the Mayor and City Manager df the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City C cil. I "."AAANTANAAAAAAAAAAAN"AANHoAtaR ,y 0pNublo.. mAiLnLnelSsoOtaN MY Corntrission Expires Jen 31, 2025 vvvvvVVViivVvvvwvvwwWVWwww Notary Public Attachments: [X] Exhibit A (legal description) [X] Exhibit B (map or survey of Replacement Wetland) This instrument drafted by: Deric Deuschle, Short Elliott Hendrickson Inc BWSR Forms 11-25-09 Page 4 of 4 Exhibit A Wetland Easement Acquisition 7501 !kola Way Edina, MN 55439 P.I.D. #07.116.21.13.0001 A restricted covenant for wetland mitigation purposes over, under, and across the registered property per Certificate Number 405358 which reads as follows: The South 1/2 of the Northeast Quarter; The South 10 acres of the Northeast Quarter of the Northeast Quarter, except that part thereof lying Northerly of a line described as follows: Beginning at a point on the North line of the said South 10 acres, distant 790 feet East of the Northwest corner thereof; thence Southwesterly at an angle of 34 degrees with said North line a distance of 273 feet; thence Northwesterly to a point on the West line of said South 10 acres, distant 64 feet South of the Northwest corner thereof and there terminating; The West 1/2 of the Southwest Quarter excepting the West 550 feet thereof; and except that part thereof lying West of the Easterly line of a strip of land lying within a distance of 112.5 feet on each side of a center line described as follows: Beginning at a point on the North line of Section 18, Township 116, Range 21, distant 852.5 feet East of the Northwest corner of said Section; thence Southeasterly at an angle of 73 degrees and 42 minutes (as measured from East to South) a distance of 200 feet; thence deflect to the right at an angle of 180 degrees a distance of 100 feet to actual point of beginning of line to be described; thence continue on said course a distance of 894.4 feet; thence deflect to the right along a 1 degree 30 minute curve (delta angle 17 degrees 27 minutes, tangent distance 586.2 feet) a distance of 1163.3 feet and there terminating; The East 1/2 of the Southwest Quarter; All of the Southeast Quarter; The South 1/2 of the Northwest Quarter except that part thereof lying between the North line of said South 1/2 of the Northwest Quarter and the center line of County Road Number 39 and except the West 950 feet thereof, All in Section 7, Township 116, Range 21. Said covenant being described as follows: Commencing at the Southeast Corner of Section 7, Township 116, Range 21; Thence South 89 degrees 57 minutes 28 seconds West along the south line of the Southeast Quarter of said Section 7 for 2680.28 feet to the ScLuth Quarter Corner of said Section 7; thence North 72 degrees 35 minutes 12 seconds East for 146.00 feet to the POINT OF BEGINNING of the covenant being described; thence South 83 degrees 28 minutes 49 seconds East for 197.45 feet; thence North 75 degrees 16 minutes 37 seconds East for 113.42 feet; Thence North 45 degrees 00 minutes 00 seconds East for 106.44 feet; thence North 68 degrees 33 minutes 08 seconds East for 72.26 feet; thence North 87 degrees 08 minutes 15 seconds East for 64.14 feet; thence North 64 degrees 17 minutes 24 seconds East for 71.98 feet; thence North 85 degrees 05 minutes 27 seconds East for 131.00 feet; thence North 28 degrees 12 seconds 27 minutes East for 99.95 feet; thence North 19 degrees 17 minutes 24 seconds West for 169.67 feet; thence North 55 degrees 18 minutes 17 seconds West for 101.28 feet; thence North 38 degrees 27 minutes 48 seconds West for 109.42 feet; thence North 54 degrees 03 minutes 28 seconds West for 79.12 feet; thence North 82 degrees 20 minutes 00 seconds West for 126.04 feet; thence North 70 degrees 46 minutes 10 seconds West for 109.40 feet; thence South 70 degrees 05 minutes 47 seconds West for 49.39 feet; thence South 51 degrees 08 minutes 28 seconds West for 179.95 feet; thence South 17 degrees 15 minutes 03 seconds West for 159.30 feet; thence South 02 degrees 13 minutes 26 seconds East for 247.61 feet; thence South 19 degrees 14 minutes 31 seconds West for 89.90 feet; thence South 03 degrees 00 minutes 46 seconds West for 30.47 feet to the POINT OF BEGINNING and there terminating. L'117:7:::::::`,:,'21=V-7,a47:`, :Mc= p"t: MITagrn':""cr.Ingt° " t`.7;17,T,'Z'g System(GIS) °°" teed ""' •"""d—"'```°'—' "'"'' '15 ngIGIS \ Figure Y2 De Path: SMEIEEdi SEH 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 PHONE: (651) 490-2000 FAX (651) 455-2155 WAITS: 605-325-2055 viww.sehinc.com Exhibit B Deed of Restrictions and Covenants Limits Braemar Golf Course - Wetland Mitigation Site Edina, MN ti Legend Section Boundary Quarter Quarter Section Boundary Deed of Restrictons and CovenantsLimits 500 1,000 Feet SyV, 11,,'74 ot the SE,1 /4ipt,S_CCiiOn RAge 21\N' Project EDINA 150714 Print Date: 4/10/2020 Map by: ddeuschle Projection, NAD83 UTM Zone 15N Source: SEH, MNDNR, USGS, Method Norby Architects (Above Space is Reserved for Recording Information Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Replacement Wetland Declarant: City of Edina General Location of Replacement: Sec. 7, Twp. 116N, Rge.21W, County of Hennepin This Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Wetland (Declaration) is made this 21' day of April, 2020 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan underMinnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0420. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is Nine Mile Creek Watershed District whose address is Discovery Point, 12800 Gerard Drive, Eden Prairie, MN 55346 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. BWSR Forms 11-25-09 Page 1 of 4 RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526; BWSR Forms 11-25-09 Page 2 of 4 (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in thereplacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. BWSR Forms 11-25-09 Page 3 of 4 Dated: April 21, 2020 CITY OF EDINA DocuSigned by: CDOE1C2... By: James Hovland, Its Mayor /---DocuSIgned by: Bv. "•---6503D7g,11C264A5 Scott Neal, Its City Manager STATE OF MINNESOTA ) ( SS. COUNTY OF HE,NNEPIN ) The foregoing instrument was acknowledge before me this day of 2020, by James Hovland and by Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City council. 1 wivwv"AAAAAAAAAN4A4mSHARON M. ALLISON Notary Public-Minnesota My Commission Expires km 31,2025' vwvvvvvvvvwwwwwwww"" Notary Public Attachments: [X] Exhibit A (legal description) [X] Exhibit B (map or survey of Replacement Wetland) This instrument drafted by: Deric Deuschle, Short Elliott Hendrickson Inc BWSR Forms 11-25-09 Page 4 of 4 Exhibit A Wetland Easement Acquisition 7501 !kola Way Edina, MN 55439 P.I.D. #07.116.21.13.0001 A restricted covenant for wetland mitigation purposes over, under, and across the registered property per Certificate Number 405358 which reads as follows: The South 1/2 of the Northeast Quarter; The South 10 acres of the Northeast Quarter of the Northeast Quarter, except that part thereof lying Northerly of a line described as follows: Beginning at a point on the North line of the said South 10 acres, distant 790 feet East of the Northwest corner thereof; thence Southwesterly at an angle of 34 degrees with said North line a distance of 273 feet; thence Northwesterly to a point on the West line of said South 10 acres, distant 64 feet South of the Northwest corner thereof and there terminating; The West 1/2 of the Southwest Quarter excepting the West 550 feet thereof; and except that part thereof lying West of the Easterly line of a strip of land lying within a distance of 112.5 feet on each side of a center line described as follows: Beginning at a point on the North line of Section 18, Township 116, Range 21, distant 852.5 feet East of the Northwest corner of said Section; thence Southeasterly at an angle of 73 degrees and 42 minutes (as measured from East to South) a distance of 200 feet; thence deflect to the right at an angle of 180 degrees a distance of 100 feet to actual point of beginning of line to be described; thence continue on said course a distance of 894.4 feet; thence deflect to the right along a 1 degree 30 minute curve (delta angle 17 degrees 27 minutes, tangent distance 586.2 feet) a distance of 1163.3 feet and there terminating; The East 1/2 of the Southwest Quarter; All of the Southeast Quarter; The South 1/2 of the Northwest Quarter except that part thereof lying between the North line of said South 1/2 of the Northwest Quarter and the center line of County Road Number 39 and except the West 950 feet thereof, All in Section 7, Township 116, Range 21. Said covenant being described as follows: Commencing at the Southeast Corner of Section 7, Township 116, Range 21; Thence South 89 degrees 57 minutes 28 seconds West along the south line of the Southeast Quarter of said Section 7 for 2680.28 feet to the South Quarter Corner of said Section 7; thence North 72 degrees 35 minutes 12 seconds East for 146.00 feet to the POINT OF BEGINNING of the covenant being described; thence South 83 degrees 28 minutes 49 seconds East for 197.45 feet; thence North 75 degrees 16 minutes 37 seconds East for 113.42 feet; Thence North 45 degrees 00 minutes 00 seconds East for 106.44 feet; thence North 68 degrees 33 minutes 08 seconds East for 72.26 feet; thence North 87 degrees 08 minutes 15 seconds East for 64.14 feet; thence North 64 degrees 17 minutes 24 seconds East for 71.98 feet; thence North 85 degrees 05 minutes 27 seconds East for 131.00 feet; thence North 28 degrees 12 seconds 27 minutes East for 99.95 feet; thence North 19 degrees 17 minutes 24 seconds West for 169.67 feet; thence North 55 degrees 18 minutes 17 seconds West for 101.28 feet; thence North 38 degrees 27 minutes 48 seconds West for 109.42 feet; thence North 54 degrees 03 minutes 28 seconds West for 79.12 feet; thence North 82 degrees 20 minutes 00 seconds West for 126.04 feet; thence North 70 degrees 46 minutes 10 seconds West for 109.40 feet; thence South 70 degrees 05 minutes 47 seconds West for 49.39 feet; thence South 51 degrees 08 minutes 28 seconds West for 179.95 feet; thence South 17 degrees 15 minutes 03 seconds West for 159.30 feet; thence South 02 degrees 13 minutes 26 seconds East for 247.61 feet; thence South 19 degrees 14 minutes 31 seconds West for 89.90 feet; thence South 03 degrees 00 minutes 46 seconds West for 30.47 feet to the POINT OF BEGINNING and there terminating. 0 500 1,000 Feet SEH 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 PHONE: (651) 490-2000 FAX: (651) 490-2150 WATTS: 800-325-2055 www.sehino.com Project: EDINA 150714 Print Date: 4/10/2020 Map by: ddeuschIe Projection: NAD83_UTM_Zone_15N Source: SEH, MNDNR, USGS, Harfort Norby Arch(tects • tat_ Al Legend Section Boundary Quarter Quarter Section Boundary Deed of Restrictons and Covenants Limits E V. Deed of Restrictions and Covenants Limits Braemar Golf Course - Wetland Mitigation Site Edina, MN Exhibit B T^:V%r:g o7'mzr:u=7''n1'nrg"Vr1127:t=%.TPI n,t'h'r'r Trt7rgrrL"eO:TepgV:H'r: trrrgel:no:lr':lLTdI rot'rT'Pte (aa 9." uss to Pr"' "is "" sr. otter .5 SEH das "t "9"." bet".d1.=nrtZa,V.nv,zr=„..,:,-„tt.rxe.i1, ier;cIo.nte O Of ;ogphreaurerhLot :otnZOestEsItebt ayngsXar:outo;ueeacss Gls