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Home My WebLink About2207-Z- 'z-- n i CONSERVATION RESTRICTION (Open Space) THIS INDENTURE, Made this -36 'day of , 1981, between DONALD D. BYERLY and MARLYS J. BYERL , husband and wife (hereinafter 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 S 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 # , in fee of the Easement Area , and has good right to convey the interests therein pursuant hereto, and that the 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 remain as open space and constitute scenic surroundings. 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, and 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. 3. No trash, waste or unsightly or offensive materials shall be dumped or placed on the Easement Area. -2- = - - - 4. 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. -5. No activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or other acts or uses detrimental to the Easement-Area as a scenic open space shall be conductea or permitted to be conducted on the Easement Area. -= - 6. The Easement Area shall at all times be kept planted, shrubbed, sodded and otherwise landscaped • thereinafter collectively called "landscaping ") -by Owner; Owner's heirs, representatives, successors and assigns, in a,manner reasonably acceptable to Edina. ` =,7. The Easement Area, including landscaping, shall be maintained at all times by Owner, Owner's heirs, representatives, successors and assigns, in-fu-11 compliance with all applicable ordinances-of-Edina now or Hereafter enacted. - - 8. 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. 9. The rights and remedies given by Minnesota Statutes § 84.65'shall be available to Edina. Also, if there shall be a violation or breach, or an attempt to =3- 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 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 suit be brought or not. 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 -4- (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. 10. 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 be 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. IN TESTIMONY WHEREOF, Owner has caused these presents to be executed the day and year first above written. I Donald D. Byer y Ma lys J. Bye .ly This instrument is exempt from State Deed Tax. -5- STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The foregoi i strument was acknowledged before me this 3o-'2-- day of , 1981, by DONALD D. BYERLY and MARLYS J. BYERLY, husband and wife. aM. 6 0 LL AR EE NEGARD NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY wy Commisswn E .pi ns Sept.la t9a+ FIELD & NOWAK INC ' �---�- n _ELAN , —,�N -,��_ SURVEYORS �Q:.... VEVNON J V' ILL; EXHIBIT A That part of Lots 1, 2, 3, 4 and 5, Block 1, OAK PONDS OF INTER - LACHEN which lies northerly of the following described line: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South 3 degrees 36 minutes 00 seconds West along the west line of said Lot 1 a distance of 75.00 feet to the point of beginning of the line to be described; thence South 5� ? 69 de rees 38 minutes 27 seconds East bo the east line of said Lot 1 thence South 78 degrees 29 minutes 42 seconds East to the east line of said Lot 2] thence South 50 degrees 27 minutes 10 seconds East a distance of 14.02 feet thence easterly . and north- easterly along a tangential curve concave to the North having a radius of 180.00 feet to its intersection with the east line of said Lot 5 and there terminating. Also, that part of Lot 7, Block 1, OAK PONDS OF INTERLACHEN, ly- ing westerly of a Line drawn from a point on the south line of said Lot 7 distant 40.00 feet easterly from the southwest corner of said Lot 7 to a point on the north line of said Lot 7 distant 70.66 feet easterly, from the northwest corner of said Lot 7. IMS CONSENT AND SUBORDINATION The undersigned, being the holder of a vendee's interest under a Contract for Deed (the "Interest ") in 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 dated June 3, 1981, and recorded as Document No. in the office of the Registrar of Titles, 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, during the term of said Contract for Deed, and in the event it becomes the owner of the Easement Area, (Corporate Seal) STATE OF Minne�olco, ) SS COUNTY OAK PONDS OF INTERLACHEN, a Minnesota general partnership By Halley Land Corporation, a general partner Y c GC•c / Its The foregoing Consent and Subordination was acknowledged before me this 3 day of 1981, by M cVi el A. Hcd the President of Halley Land Corporation, a Min esota corporation, a general partner in Im OAK PONDS OF INTERLACHEN, a Minnesota general partnership, on behalf of the general partnership. Sf- IIRLEY ANN SIPE NOTARY PU9LIC - MINNES07A ,j HE��,�cRIN COUNTY My Commissicn Expires June 7, 1983 M+t.�,Mm�W,>�•.; owe c 1438393 7 R REGISTERED VQ!? /_ PAGE � 45 -Z Z o 7 OMCE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON SEP 11981 V. 4-,e,, gpl-A By REGISTRAR OF TITLES DEPUTx' �pC=at'i �GW c� �T A� T � T A` SF"ER Efi :RED DEF,`,R f M, Ei'T OF P 0 Pr- .Rt".; TAX, AT10N SER � . NjE P !.I �N 1W