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HomeMy WebLinkAbout3071Existing Certs 405358 II II II I 1 I I 1 1 1 II I II I I II Doc No T05594809 Certified, filed and/or recorded on Feb 14, 2019 12:29 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1791161E 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 Covena t for Project- pecific Wetland Replacement Wetland (Declaration) is made this''"day of QMAt 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 a replacement plan under Minnesota 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. 1 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 LOU 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 no other party has any interest in the land on which the Replacement Wetland will be located. 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; (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 2 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 the replacement 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. 3 Notary Public SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jan 31, 2020 VvVvVVYVVVvvVvvVvvVvVvVVVVVvv•nt My commission expires: 31 xt) Signature of Declarant James Hovland, Edina Mayor A I /f. 'Signature of Declaratit Scott Neal, Edina City Manager STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) This instrument was acknowledged before me o t 4,,c1 r Ot , Dy James Hovland and S.cott Neal, respectively the Mayor and City Manager of the City of Edina, on behalf of the C. f/Edina) Attachments: [X] Exhibit A (legal description) [X] Exhibit B (map of Replacement Wetland) This instrument drafted by: Deric Deuschle, Short Elliott Hendrickson Inc 4 Deed of Restrictions and Covenants Braemar Academy Course Wetland Mitigation Site 7501 Ikola Way Edina, MN 55439 P.I.D. #07.116.21.13.0001 Legal Description A permanent easement for Wetland purposes over, under and across the above described property: Commencing at the southeast corner of the South 1/2 of the Northeast Quarter of Section 7, Township 116, Range 21; thence South 89 degrees 41 minutes 24 seconds West along the south line of said South 1/2 a distance of 1308.68 feet; thence North 00 degrees 04 minutes 12 seconds West along the west line of the Southeast Quarter of the Northeast Quarter of said Section 7 a distance of 953.00 feet to the point of beginning of the wetland easement to be described; thence South 43 degrees 16 minutes 40 seconds East a distance of 91.37 feet; thence easterly a distance of 77.17 feet along a tangential curve concave to the north having a radius of 47.41 feet and a central angle of 93 degrees 15 minutes 02 seconds; thence North 52 degrees 08 minutes 43 seconds East a distance of 80.55 feet; thence northerly a distance of 32.34 feet along a tangential curve concave to the West having a radius of 16.62 feet and a central angle of 111 degrees 29 minutes 03 seconds; thence North 62 degrees 53 minutes 57 seconds West a distance of 257.65 feet; thence South 17 degrees 17 minutes 44 seconds West a distance of 31.21 feet; thence South 20 degrees 58 minutes 48 seconds East a distance of 79.50 feet; thence South 35 degrees 23 minutes 00 seconds East a distance of 28.90 feet to the point of beginning. Permanent Wetland Easement acquisition encompasses 25,106 SF of above described property. pxurtiondliosoa Ian jo dew 6jOullonuoll 9 lonopuollom-06koop•nu,mseoPArns-Auo•MOLSE RRUIPB1313WS 311.4 (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 Covena for Project- pecific Wetland Replacement Wetland (Declaration) is made this t ay of „a,'"t4 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 a replacement plan under Minnesota 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. 1 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 no other party has any interest in the land on which the Replacement Wetland will be located. 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; (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 2 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 the replacement 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. 3 ignature of Declarant James Hovland, Edina Mayor of Declara t Scott Neal, Edina City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN) This instrument was acknowledged before me o -irS•41y James $ Hovland and Scott eal, respectively the Mayor and City Manager ofthe City of Edina, on behalf of the C' SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jan 31, 2020 Notary Public My commission expires: 1 311A1C) Attachments: [X] Exhibit A (legal description) [X] Exhibit B (map of Replacement Wetland) This instrument drafted by: Deric Deuschle, Short Elliott Hendrickson Inc 4 Deed of Restrictions and Covenants Braemar Academy Course Wetland Mitigation Site 7501 Ikola Way Edina, MN 55439 P.I.D. #07.116.21.13.0001 Legal Description A permanent easement for Wetland purposes over, under and across the above described property: Commencing at the southeast corner of the South 1/2 of the Northeast Quarter of Section 7, Township 116, Range 21; thence South 89 degrees 41 minutes 24 seconds West along the south line of said South 1/2 a distance of 1308.68 feet; thence North 00 degrees 04 minutes 12 seconds West along the west line of the Southeast Quarter of the Northeast Quarter of said Section 7 a distance of 953.00 feet to the point of beginning of the wetland easement to be described; thence South 43 degrees 16 minutes 40 seconds East a distance of 91.37 feet; thence easterly a distance of 77.17 feet along a tangential curve concave to the north having a radius of 47.41 feet and a central angle of 93 degrees 15 minutes 02 seconds; thence North 52 degrees 08 minutes 43 seconds East a distance of 80.55 feet; thence northerly a distance of 32.34 feet along a tangential curve concave to the West having a radius of 16.62 feet and a central angle of 111 degrees 29 minutes 03 seconds; thence North 62 degrees 53 minutes 57 seconds West a distance of 257.65 feet; thence South 17 degrees 17 minutes 44 seconds West a distance of 31.21 feet; thence South 20 degrees 58 minutes 48 seconds East a distance of 79.50 feet; thence South 35 degrees 23 minutes 00 seconds East a distance of 28.90 feet to the point of beginning. Permanent Wetland Easement acquisition encompasses 25,106 SF of above described property. SEH 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 PHONE: (651)490-2000 FAX: (651) 490-2150 WATTS: 800-325-2055 www.sehinc.com Figure 1 Acdemy Course Wetland Mitigation Site Legal Description for Deed of Restrictions and Covenants Braemar Golf Course, Edina, MN 0 250 500 Feet 4- . scirre'' 44_ A, • SW1/4, NE1/4, I a , .1". ¨ di Legal Description 1/4 1/4 Section Lines Project: EDINA 135725 Print Date: 1 211 51201 6 Map hy: ddeuschIe Projection: NAD83_UTM_Zone_15N Source: SEH, MNDNR, USGS, Herfort Norby Architects .E Ed This map Is nether a legally roe rded map nor a survey map and Is not Intended to bo mad as one. This map is a compilation of record:, Information, and data gathered from various sources dated on this map and Is to ha used for reference purposes only. SEH does net warrant that No Geographic Information System (GIS) Data used to prepare this map are error See. and SEX does not represent that No GIS Dab can be used for n vlgulianol, tracking, or any other purpose requiring exacting measurement of distance or direction or precision Si the depiction of geographic foaaaee, Tho user of this map acknowledgec that SEM shag not be table for any damages winich arise out of the user's access or use of data provided.