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CONSERVATION RESTRICTION
(Natural Condition)
THIS INDENTURE, Made this 2/'�O day of jkM ,
S
198,x, between 6T L2 ?yPc D�,� �P-Lk thereinafter
called "Owner," whether one or more) , and the CITY OF
EDINA, 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,
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
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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
payable therewith which are not yet due. And the Easement
Area, in the quiet and peaceable possession of Edina, its
successors and assigns, for the purposes hereby granted
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; Iii) 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 E•'asement 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 be 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.
10. The rights and remedies given'by Minnesota
Statutes 5 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
cos -t 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 provided, 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
SUCCOSSOI -S and 1 ;S l.gnS, aild May he amended or mod ! f l ed a t
any time and from time to time by the sole art of Ldi.na
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 those
presents to be executed the day and year first above
written.
U
OWNER
This instrument is exempt from State Deed Tax.
STATE OF
SS
COUNTY OF
The foregoing instrument was acknowledged before
me e this day of 19 by ►
the , and , the
of ► a
corporation, on behalf of the corporation.
STATE OF
SS
COUNTY OF
The foregoing instrument was acknowledged before
me this ?_'-'"-Iday of -TiA-Pe-. 19Z--?, by Alf-
A#J> 94-y"
"1[3 0 T A
NOIA-y PUIB LIC
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My Coil) m;,Ssi :; 11 Expires Sept. 15, 1984
I M.
EXHIBIT A
lac =1 f
That part of Lots 6 and 7,;,,Emerald Woods Addition
described as follows:
Beginning at the Southeast corner of said Lot 7;
thence westerly along the South line of said Lot 7
on a bearing of S 87° 17' 32" W a distance of
120 feet; thence northwesterly on a bearing of
N 06° 35' 57" W a distance of 145.74 feet; thence
northwesterly on a bearing of N 590 06' 48" W
a distance of 255.19 feet; thence northwesterly on a
bearing of N 46° Ol' 16" W a distance of 104.06
feet to a point on the North line of said Lot
6, which point is 11.14 feet east of the Northwest
corner of said Lot 6; thence easterly to the
Northeast corner of said Lot 6; thence southerly
to the Southeast corner of said Lot 7, which is
the point of beginning.
1470917
REGISTERED VOL - PAGE
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DZEM. 01F THE REGIS r RAP
OF TITLES
HHNIU'M COUNTY, hilwil!SOTA
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