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A
CONSERVATION RESTRICTION
(Natural Condition)
THIS INDENTURE, Made this arvj day of Fe- Lruar ,
1980, between r` nrrP ii�,� hk (hereinafter
called "Owner," whether one or more), and the CITY OF
EDIN A, a municipal corporation under the laws of the State
of Minnesota (hereinafter called "Edina ").
WITNESSETH:
That Owner, in consideration of One Dollar
($1.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, does hereby
Grant, Bargain, Sell and Convey unto Edina, its successors
and assigns, Forever, a'Conservation Restriction pursuant
to Minnesota Statutes § 84.64, for the purposes and on the
terms hereinafter specified, over, on and across the tract
or parcel of land lying and being in the County of
Hennepin and the State of Minnesota, described in Exhibit
A attached hereto and made a part hereof (hereinafter
called "Easement Area").
TO HAVE AND TO HOLD THE SAME, Together with all
the hereditaments and appurtenances thereunto belonging,
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or in anywise appertaining, to Edina, its successors and
assigns, Forever. And Owner, for Owner and Owner's heirs,
representatives, successors and assigns, covenants with
Edina, its successors and assigns, that it is well seized
in fee of the Easement Area, and has good right to convey
the interests therein pursuant hereto, and that t'he
Easement Area is free from all encumbrances, except real
estate taxes and installments of special assessments
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payable therewith which are not yet due. And the Easement
Area, in the quiet and peaceable possession of Edina, its 1
successors and assigns, for the purposes hereby granted
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against all persons lawfully claiming or to claim the
whole or any part thereof, subject to the encumbrances
hereinbefore mentioned, Owner will warrant and defend.
The purpose of this Conservation Restriction is
to assure that the Easement Area shall at all times:- (i)
remain in its present natural condition; (ii) constitute
scenic surroundings; and (iii) constitute a suitable
habitat for fish and wildlife. To accomplish this
purpose, Owner, for Owner and Owner's heirs,
representatives, successors and assigns, does hereby
covenant and agree that:
1. No buildings, roads, signs, billboards or
other advertising of .any kind, ana no utilities or other
structures of any kind shall be hereafter erected or
placed on or above any part of the Easement Area without
the express prior written approval of Edina.
2. No soil or other substance or material shall
be dumped or placed as landfill on the Easement Area
without the express prior written approval of Edina.
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in fee of the Easement Area, and has good right to convey
the interests therein pursuant hereto, and that t'he
Easement Area is free from all encumbrances, except real
estate taxes and installments of special assessments
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payable therewith which are not yet due. And the Easement
Area, in the quiet and peaceable possession of Edina, its 1
successors and assigns, for the purposes hereby granted
i
against all persons lawfully claiming or to claim the
whole or any part thereof, subject to the encumbrances
hereinbefore mentioned, Owner will warrant and defend.
The purpose of this Conservation Restriction is
to assure that the Easement Area shall at all times:- (i)
remain in its present natural condition; (ii) constitute
scenic surroundings; and (iii) constitute a suitable
habitat for fish and wildlife. To accomplish this
purpose, Owner, for Owner and Owner's heirs,
representatives, successors and assigns, does hereby
covenant and agree that:
1. No buildings, roads, signs, billboards or
other advertising of .any kind, ana no utilities or other
structures of any kind shall be hereafter erected or
placed on or above any part of the Easement Area without
the express prior written approval of Edina.
2. No soil or other substance or material shall
be dumped or placed as landfill on the Easement Area
without the express prior written approval of Edina.
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3. No trash, waste or unsightly or offensive
materials shall be dumped or placed on the Easement Area.
4. No trees, shrubs or other vegetation shall be
removed from the Easement Area.without the express prior
written approval of Edina.
-5. No loam,.peat, gravel, soil, rock or other
material substance shall be excavated, dredged or removed
from the Easement Area without the express prior written
approval. of Edina.
6. No activities detrimental to drainage, flood
control, water conservation, erosion control, soil
.conservation, fish and wildlife habitat preservation or"
.other acts or uses detrimental to the Easement Area as a
natural and scenic open or wooded space or as a fish and
wildlife habitat, shall be conducted or permitted to be
conducted on the Easement Area.
7. No surface use shall kie made of the Easement
Area except for purposes consistent with the maintenance
of the Easement Area in its natural open or wooded .
condition without the express prior written approval of
Edina.
8. The Easement Area shall be maintained at all
times by Owner, Owner's heirs, representatives, successors
and assigns, in full compliance with all applicable
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ordinances of Edina now or hereinafter enacted and in full
compliance with the provisions of this Conservation
Restriction.
9. This Conservation Restriction shall not
operate to grant to Edina the right to use or improve, or
to permit the public to use or improve, the Easement Area
as or for a park.
20. The rights and remedies given by Minnesota
Statutes S 84.65 shall be available to Edina. Also, if
there shall be a violation or breach, or an attempt to
violate or breach, any of the terms, covenants or
conditions of this Conservation Restriction, Edina.may
prosecute any proceedings at law or in equity against the
person, firm or corporation violating or breaching, or
attempting to violate or breach, any such term,'covenant
or condition, to either prevent such violation or breach
or to recover damages for such violation or breach. Also,
Edina, in the event of such violation or breach, without
notice, may, at its option, undertake to perform the term,
covenant or condition so violated or breached, and the
cost incurred, including attorneys' fees, with interest at
the highest rate then allowed by law, or, if no maximum
rate is applicable, then at the rate of twelve percent
(12 %) per annum, shall be payable by Owner, Owner's heirs,
representatives, successors and assigns, on demand made by
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Edina, its successors and assigns, and Owner., Owner's .
heirs, representatives, successors and assigns shall also
pay all costs of collection thereof, including attorneys'
fees, with interest thereon as above providedr if payment
is not made on demand, whether or not suit be brought. In
addition to other remedies then available for collection
of such costs and interest, Edina may charge such costs
and interest against the Easement Area and any other
property then included in the same tax parcel as the
Easement Area, in the same manner as special assessments
(without, however, any notice or hearing of any kind) and
collect the same with the real estate taxes against the
whole of such tax parcel which are payable in the year
following the year such costs and interest are so
charged. If such charges are not paid, the whole of such
tax parcel may be sold and conveyed in the same manner as
lands forfeited for nonpayment of real estate taxes are
sold and conveyed.
11. The terms, covenants and conditions hereof
shall run with the land and shall be binding on all
present and future owners and occupiers of the Easement
Area, and shall only inure to the benefit of Edina, its
successors and assigns, and may he amended or modified at
any time and from time to time by the sole act of Edina
and the then owner of the Easement Area, and may be
released at any time by the sole act of Edina.
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IN TESTIMONY WHEREOF, Owner has caused these
presents to be executed the day and year first above
written.
OWNER
This instrument is exempt from State Deed Tax.
STATE OF
} SS
COUNTY OF
The foregoing instrument was acknowledged before
me this :),vA day of ei,,o,^_, 19 _, by 6—�,,),
and
SUSAN E tUTHY
! NOTARY "LIC " MINNESOTA
•
HENNEPIN COUNTY f�
any Commission Exoves Feb tt, t883 2
STATE
"j
} SS
COUNTY OF )
The foregoing instrument was acknowledged before
me this day of , 19 , by .
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EXIItBI`t` A
That part of Lot 1, Block 1,' Edina Interchange Center Eighth
Addition lying North of the South 270 feet thereof.
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CONSENT AND SUBORDINATION
The undersigned, being the holder of a U
(the "Interest ") on the property defined as the "Easement
Area" in the Conservation Restriction to which this
Consent and Subordination is attached, the document
creating said Interest being /- 7y , and
recorded as Document No. / 3 9 99 , in the office of
the�s� , Hennepin County, Minnesota, does
hereby agree and consent to all of the terms and
conditions of the Conservation Restriction to which this
Consent and Subordination is attached, and agrees to be
bound by all of the obligations of, and subject to all of
the remedies available against, Owner, as defined in the
Conservation Restriction, in the event it becomes the
owner of the Easement Area.
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STATE OF /h/1917eS6 14 . )
) SS
COUNTY OFI�e471-?e,0ill )
The foregoing Consent and Subordination was
acknowledged before me this day ofd, 19,
by -ez eje 4L _tom P /S� t)e =, - — 1 and
of the cry rat €aa .
"^►, SUSAN E. LUTHY '
i "►" NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Commission Expires Feb. 17. 1883
diMTNIOMIt6
STATE OF )
SS
COUNTY OF i
The foregoing Consent and Subordination was
acknowledged before me this day of 19 ,
by
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OFFICE OF THE REGOM
OF TITLES Ak
II HENNEPIN CM),NITY. MJNRE=
CEI-TIFIE'D RLEQ CH oil
R� RAR OFa TJC=i
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NO FEE REQUIREDif