HomeMy WebLinkAbout2429350 PARE AVENUE
NEW YORE, NEW YORK 10022
(212)415 -9200
1330 CONNECTICUT AVENUE, N. W.
WASHINGTON, D. C. 20036
(202) 857 -0700
3 GRACECHURCH STREET
LONDON EC3V OAT, ENGLAND
01- 929 -3334
36, RUE TRONCHET
75009 PARIS, FRANCE
01- 42-66 -59-49
FAR EAST FINANCE CENTER
HONG KONG
852 -5- 8612555
October 25, 1990
Candace Fiedler
City of Edina
4801 West 50th Street
Edina, MN 55424
Re: Highcroft
Dear Candace:
Enclosed for your records is the attested copy of a Conservation
Easement dated July 18, 1990 between R.E.C., Inc., a Minnesota corporation, and City
of Edina, which was recorded August 27, 1990 in the office of the Hennepin County
Registrar of Titles in Vol. 2520 on Certificates 751304 and 751305, as Document No.
2119988.
Very truly yours,
deEtt Allen
Assistant to Thomas S. Erickson
dea
Enc.
cc: Thomas S. Erickson
DonsEY & WHITNEY
A PARTNERSHIP INCLUDING PROAH53IONAL C09POR6TION3
2200 FIRST BANK PLACE EAST
340 FIRST NATIONAL BANE BUILDING
MINNEAPOLIS, MINNESOTA 55402
socsaeT507 288 -356 53903
(507)288-3156
(612) 340 -2600
315 FIRST NATIONAL BANE BUILDING
TELEX 29 -0605
WAYZATA, MINNESOTA 55391
FAX (612) 340 -2868
(612)475-0373
1200 FIRST INTERSTATE CENTER
BILLINGS, MONTANA 59103
(406)252-3800
deEtt Allen
201 DAVIDSON BUILDING
Lepal Assistant
GREAT FALLS, MONTANA 59401
gal
(612) 340 -2882
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
(406) 721 -6025
October 25, 1990
Candace Fiedler
City of Edina
4801 West 50th Street
Edina, MN 55424
Re: Highcroft
Dear Candace:
Enclosed for your records is the attested copy of a Conservation
Easement dated July 18, 1990 between R.E.C., Inc., a Minnesota corporation, and City
of Edina, which was recorded August 27, 1990 in the office of the Hennepin County
Registrar of Titles in Vol. 2520 on Certificates 751304 and 751305, as Document No.
2119988.
Very truly yours,
deEtt Allen
Assistant to Thomas S. Erickson
dea
Enc.
cc: Thomas S. Erickson
CONSERVATION EASEMENT
THIS INDENTURE, Made as of this &L day of 1990,
between R.E.C., INC., a Minnesota corporation (hereinafter called " er," 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 Easement pursuant to Minnesota Statutes § 84.64, for the purposes
and on the terms hereinafter specified, over, on and across the tracts or parcels of
land lying and being in the County of Hennepin, State of Minnesota, described in
Exhibit I attached hereto and made a part hereof (said tracts and parcels of land being
hereinafter together called the "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
successors and assigns, covenants with Edina, its successors and assigns, that it is
well seized in fee simple 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 except for easements of record as of the
date hereof, if any. 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 purposes of this Conservation Easement is to assure that the
Easement Area shall at all times: W remain substantially in its present natural
condition; (ii) constitute scenic surroundings; and (iii) constitute a suitable habitat
for wildlife. To accomplish this purpose, Owner, for Owner and Owner's 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. TRANSFER ENTIEREE!
DEPT. OF PROPERTY TAX & PUBUC RECORDS
AUG' 27 So
r'
`HENNEPIN UNTY MINN.
BY DEPUTY
I No soil or other substance or material shall be dumped or placed as
landfill on any part of 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 any part of the Easement Area.
4. No trees, shrubs or other vegetation shall be removed from any part
of 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 any part of 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 wildlife habitat, shall be conducted or permitted
to be conducted on any part of the Easement Area.
7. No surface use shall be made of any part of the Easement Area
except for purposes consistent with the maintenance of the Easement Area in its
natural condition without the express prior written approval of Edina. However,
pedestrian travel over any lot within the Easement Area by the fee owners of such
lot or his or her invitees shall be allowed, but without construction of paths or other
surface improvements of any kind.
S. The Easement Area shall be maintained at all times by Owner,
Owner's successors and assigns, in full compliance with all applicable ordinances of
Edina now or hereinafter enacted and in full compliance with the provisions of this
Conservation Easement.
9. This Conservation Easement shall not operate to grant to Edina the
right to enter upon or use or improve, or to permit the public to enter upon or use
or improve, the Easement Area for any purpose whatsoever, including without
limitation, as or for a park. Provided, however, that the provisions of the
immediately preceding sentence shall not restrict or prevent Edina from exercising
Its remedies as provided in paragraph 10 hereof.
10. 'the rights and remedies, in law and in equity, given by the laws of
Minnesota, including, without limitation, Minnesota Statutes § 84.65 or any
successor statute, as they may hereafter be supplemented, modified or amended,
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 Easement, Edina may prosecute any proceedings at law or in equity
2
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, in the
event of such violation or breach, and if such violation or breach is not cured
within thirty (30) days after the mailing or delivery by Edina of written notice of
such violation or breach to the then record owners (as such owners and their
addresses are shown on the records of the Edina assessor) of the lot or lots in the plat
of Clarks 2nd Addition within the Easement Area upon which such violation or
breach occurred, then Edina may, at its option, enter upon the Easement Area with
such personnel, equipment and material as it determines necessary, to undertake to
perform the term, covenant or condition so violated or breached, or to cure the
violation or breach, 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 the then record
owners of the lot within the Easement Area in Clarks 2nd Addition upon which
such violation or breach is threatened or has occurred, on demand made by Edina,
its successors and assigns, and such record owners 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 levy such costs and interest against any lot within the Easement Area in
Clarks 2nd Addition upon which such violation or breach was threatened or
occurred, 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 lots which are payable in the year following the year such costs and
interest are so charged, and Owner, for itself, its successors and assigns, hereby
waives any and all objections to such assessment, including, without limitation, the
amount thereof, the hearing process (including the giving of, or failure to give, or
error in giving of,-any required notice) and including all rights of appeal from such
levy. If such assessments are not paid, the whole of the lots against which the
assessment is levied may be sold and conveyed in the same manner as lands
forfeited for nonpayment of real estate taxes are sold and conveyed. The lien of such
assessment shall be subordinate to the lien of any mortgage against the lots against
which such assessment is levied w!-dch is of record as of the date of such levy.
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 be amended or modified as to any lot described in Exhibit I hereto,
at any time and from time to time by the sole act of Edina and the then record
owners of that lot, and may be released at any time by the sole act of Edina.
12. Each person who is a record owner of a lot described in Exhibit I
hereto shall be liable and obligated hereunder for all liabilities and obligations
accruing while such a record owner, but such liability and obligation shall cease as to
3
such person when no longer such a record owner, except, however, for liabilities
and obligations which accrued while such a record owner. If there be more than one
record owner of any such lot, such owners shall be jointly and severally liable.
IN TESTIMONY WHEREOF, Owner has caused these presents to be
executed as of the day and year first above written.
R E. C., INC.
Its u.�✓E
And
STATE OF NUNNESOTA )
) ss.
COUNTY OF HENNEPIN)
behalf of the corporation.
ROBYN M. QRUND
�!� NOTARY PUBLIC — AAINNESOTA
�F HENNEPIN COUNTY
MY Commnaon ExPJ� +�pr /1, IN*
4
Notary Public
G day
and
Minnesota
CONSENT AND SUBORDINATION
The undersigned, being the holder of liens on and interests in the lots
in the "Easement Area" as described in the Conservation Easement to which this
Consent and Subordination is attached, pursuant to the following described
documents: Mortgage, Security Agreement, Fixture Financing Statement and Assignment of
Leases and Rents dated July 18, 1990, executed by R.E.C., Inc., a Minnesota corporation, in
favor of American National Bank and Trust Company, filed of record in the office of the
Hennepin County Recorder on _L ` � , as Document No. S6,5 3)Y , and in the office
of the Hennepin County Registrar of Titles on Ju L % / y +/ y yU , as Document No. / ? >
does hereby agree and consent to all of the terms and conditions of the Conservation
Easement to which this Consent and Subordination is attached, and agrees that the
liens and interests created by such documents, and all renewals, modifications and
extensions thereof, are and shall be subordinate to the easements and interests
created by said Conservation Easement, and agrees to be bound by all of the
obligations of, and subject to all of the remedies available against, Owner, as defined
in such Conservation Easement, and record owners of lots within the Easement
Area as described in such Conservation Easement, in the event it becomes the
owner of one or more of the lots within the Easement Area.
Dated:
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
AMERICAN NATIONAL BANK
AND TRUST COMPANY
Bye
Its
MW -. I - X-0 I " -
The foregoing Consent and Subordination was acknowledged before
me thisday of July, 1990, by �tnccl�t \J ICS -�,kc, the l ��t, R-P- '
and of AMERICAN NATIONAL
BANK AND TRUST COMPANY, a national banking association, on behalf of the
association.
Eot, Neal D. Ahrenstorfi Notary Publlc- Minnesota � Dakota County W Comm. Exp. 5.1442 Notary ub 0c
5
n
EXHIBIT I
TO
CONSERVATION EASEMENT
That part of Lot 8, Block 1, CLARKS 2ND ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of said Lot 8; thence on an assumed
bearing of North 78 degrees 50 minutes 30 seconds West, along the
south line of said Lot 8, a distance of 62.50 feet; thence North 17 degrees
27 minutes 55 seconds West 32.50 feet; thence North 08 degrees 27
minutes 43 seconds East 75.56 feet; thence North 28 degrees 50 minutes
33 seconds East 58.00 feet to the intersection with the north line of said
Lot 8; thence easterly along said north line 33.00 feet to the northeast
corner of said Lot 8; thence southerly along the east line of said Lot 8 to
the point of beginning;
ALSO,
That part of Lot 7, Block 1, CLARKS 2ND ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, described as follows:
Beginning at the southwest corner of said Lot 7; thence on an assumed
bearing of North 00 degrees 04 minutes 41 seconds West, along the west
line of said Lot 7 a distance of 92.67 feet; thence South 89 degrees 18
minutes 07 seconds East 32.03 feet; thence South 57 degrees 59 minutes
17 seconds East 62.78 feet; thence North 58 degrees 33 minutes 26
seconds East 43.46 feet; thence North 05 degrees 42 minutes 28 seconds
East 40.56 feet; thence North 17 degrees 27 minutes 55 seconds West
84.16 feet to an intersection with a northerly boundary line of said
Lot 7; thence South 78 degrees 50 minutes 30 seconds East, along said
northerly boundary line, 62.50 feet to the east line of said Lot 7; thence
southerly along said east line to the southeast corner of said Lot 7;
thence westerly along the south line of said Lot 7 to the point of
beginning;
ALSO,
That part of Lot 6, Block 1, CLARKS 2ND ADDTTION, according to the recorded plat
thereof, Hennepin County, Minnesota, described as follows:
Beginning at the southwest corner of said Lot 6; thence on an assumed
bearing of North 14 degrees 55 minutes 19 seconds East, along the west
line of said Lot 6, a distance of 181.78 feet; thence South 65 degrees 31
'% , . V
minutes 16 seconds East 23.19 feet; thence South 10 degrees 54 minutes
12 seconds East 67.77 feet; thence South 51 degrees 15 minutes 45
seconds East 48.19 feet; thence North 64 degrees 34 minutes 01 seconds
East 54.87 feet to the intersection with the east line of said Lot 6; thence
southerly along said east line to the southeast corner of said Lot 6;
thence westerly along the south line of said Lot 6 to the point of
beginning;
ALSO,
That part of Lot 5, Block 1, CLARKS 2ND ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, described as follows:
Beginning at the southwe,A corner of said Lot 5; thence on an assumed
bearing of North 19 degrees 08 minutes 20 seconds East, along the west
line of said Lot 5, a distance of 236.81 feet; thence South 65 degrees 31
minutes 16 seconds East 115.56 feet to the intersection with the east line
of said Lot 5; thence southwesterly, along said east line to the southeast
corner of said Lot 5; thence westerly along the south line of said Lot 5 to
the point of beginning;
ALSO,
That part of Lot 4, Block 1, CLARKS 2ND ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, described as follows:
Beginning at the southwest corner of said Lot 4; thence on an assumed
bearing of North 00 degrees 02 minutes 46 seconds West, along the west
line of said Lot 4, a distance of 221.16 feet to the northwest corner of
said Lot 4; thence North 51 degrees 56 minutes 14 seconds East, along
the northwesterly line of said Lot 4, a distance of 57.95 feet; thence
South 50 degrees 26 minutes 08 seconds East 104.71 feet; thence South
81 degrees 39 minutes 06 seconds East 36.80 feet; thence North 49
degrees 05 minutes 15 second's East 59.62 feet to an intersection with the
east line of said Lot 4; thence southwesterly along said east line to the
southeast corner of said Lot 4; thence westerly along the south line of
said Ip 4 to the point of beginning.
AM
211988
REGI S?cRED VOL. G1 PAGE
1751 3o s
OFFICE OF THE REGIGTEiFIR
OF TITLES
14ENNEPIN COUNTY, MINNESOTA
CERTIFIED FILED ON
A U 0 2 ? 1990
REGISTRAR OF TITLES
DEPUTY