HomeMy WebLinkAbout2444r
A,- • vP
1 1. 5'40545
AMENDMENT
TO
CONSERVATION RESTRICTION
(Open Space)
THIS AMENDMENT made and entered into as of this �O�4 day of
1990, by and between Muriel V. Peterson, single, and Mark W.
Peterson and Barbara A. Jerich, husband and wife (hereinafter together called
"Owner "), and the CITY OF EDINA, a municipal corporation under the laws of the
State of Minnesota (hereinafter called "Edina ").
WITNESSETH:
That Owner, by Conservation Restriction (Open Space) dated July 13,
1990, and recorded in the Office of the County Recorder, Hennepin County,
Minnesota, as Document No. 5684679 (the "Conservation Restriction ") did grant,
bargain, sell and convey unto Edina, its successors and assigns, a Conservation
Restriction pursuant to Minnesota Statutes, Section 84.64, over, on and across the
tracts or parcels of land lying and being in the County of Hennepin, State of
Minnesota, described on Exhibit A to said Restriction (and called the "Easement
Area" in said Conservation Restriction); and
WHEREAS, the Owner and Edina have now agreed to amend the
description of the Easement Area as described in Exhibit A to the Conservation
Restriction.
NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties hereto, it is hereby agreed that the Easement Area as
described on Exhibit A to said Conservation Restriction is hereby amended to read as
described on Exhibit A to this Amendment.
The Conservation Restriction, as hereby amended, shall be and remain
in full force and effect.
TRANSFER INTERN?
ORi. Of FIWRTY TAX & KMLIC REGbM
JAN 15%��
COU INN.
By DEPUTY
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be duly executed as of the day and year first above set out.
L
C J;, L
Muriel V. Peterson
9
ark W. Peterson
l
Barbara A. Jerich
CITY OF EDINA
IK`
By
Its Mayor
And
Its Manager
This instrument is exempt from State Deed Tax.
Drafted by:
Dorsey & Whitney t T Sn1
2200 First Bank Place East
Minneapolis, Minnesota 55402
2
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this k rh day of
40ilk&A-, , 1990, by Muriel V. Peterson, single.
AD I E. MESSK,'K
Cinnesota
Courts. Exp. 8 =20-95
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
Q
Notary Public
,1 The foregoing instrument was acknowledged before me this -20`4 day of
Nedt-/n -4ft ,1990, by Mark W. Peterson and Barbara A. Jerich, husband and
wife.
AOIbANE E. MESSK.'K
Notary Pubik- Minnesot&
i Anoka County
My Cornet. Exp. &2095
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
j G, ')Lwle' K,
Notary Public
_ the foregoing iatstru,;<�e.-t v:a� al ruwledged to before r.:e this d?y
of J �, , 1990, by Frederick S. Richards, the Mayor, and Kenneth E. Rosland,
the Manager, of the City of Edina, a Minnesota municipal corporation, on behalf of
said corporation.
MARCE61k M. DAEHN
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Commission Expires Apr. 21,1998
3
Notary Public
EXHIBIT A
That part of Lot 1, Block 1, INDIAN HILLS PETERSON ADDITION, according the
recorded plat thereof, Hennepin County, Minnesota which lies northerly of a
circular line concave to the North having a radius of 128.00 feet. Said curve passes
through a point on the West line of said Lot 1, Block 1, distant 135.00 feet northerly
from the Southwest corner of said Lot 1, Block 1, as measured along said West line,
and passes through a point on the East line of said Lot 1, Block 1, distant 152.85 feet
northerly from the Southeast corner of said Lot 1, Block 1, as measured along said
East line, and said line there terminating; also
That part of Lot 2, Block 1, INDIAN HILLS PETERSON ADDITION, according to the
;;.. -.rde —!at thereof, i�cnnnnin c'o„n+v, Minnesota which lies northerly and 1. .....__•_ r ---- -7r
easterly of the following described line:
Commencing at the most southerly corner of said Lot 2, Block 1; thence
on an assumed bearing of North 41 degrees 48 minutes 00 seconds
West, along the southwesterly line of said Lot 2, a distance of 130.85
feet; thence North 23 degrees 21 minutes 53 seconds West a distance of
22.00 feet to the actual point of beginning of the line to be described;
thence North 39 degrees 10 minutes 45 seconds East a distance of 20.59
feet; thence North 56 degrees 25 minutes 00 seconds East a distance of
22.00 feet; thence North 33 degrees 35 minutes 00 seconds West a
distance of 4.00 feet; thence North 56 degrees 25 minutes 00 seconds
East a distance of 40.00 feet; thence South 33 degrees 35 minutes 00
seconds East a distance of 4.00 feet; thence North 56 degrees 25 minutes
00 seconds East a distance of 12.00 feet; thence easterly and southeasterly
a distance of 21.09 feet along a tangential curve concave to the
southwest having a radius of 16.00 feet and a central angle of 75 degrees
31 minutes 21 seconds; thence North 56 degrees 25 minutes 00 seconds
East, not tangent to said curve, a distance of 14.70 feet; thence South 33
degrees 35 minutes 00 seconds East a distance of 91.78 feet; thence South
76 degrees 430 Trd lutes Div Saco ds East a distance of 55.5n fe-t, more or
less, to the East line of said Lot 2, Block 1 and there terminating.
rl
,;;?yyz/ j
IL,
5'740545
15JAN91 9:43 05740545 011C $10.50
C' fi ,
REC FEE
COPY FEE
-Q�c 396
5740545
,r �•, . . (� srv.t..,
PRIOR TAXES PAIJ ., f
:DE(;. (iF F:!"TERiY -AX & PUBUC RECORN
-F[.;? EN;TERED
CONSERVATION RESTRICTION
JUL 25 00
(Open Space)
i
- DEPUTY
THIS INDENTURE, Made thisday of July, 1990, between
Muriel V. Peterson, single, and Mark W. Peterson and Barbara A. Jerich, husband
0 O and wife, (hereinafter together called "Owner "), and the CITY OF EDINA, a
ti
municipal corporation under the laws of the State of Minnesota (hereinafter called
"Edina ").
N
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 tracts or parcels 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 be at all times rernain 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.
I No trash, waste or unsightly or offensive materials shall be dumped
or placed on the Easement Area.
4. No loam, peat, gravel, soil, rock or other material substance shall be
excavated, dredged or removed from the Easement Area without the express 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
-2-
to the Easement Area as a scenic open space shall be conducted 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 (hereinafter 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 bee maintained at
all times by Owner, Owner's heirs, representatives, successors and assigns, in full
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
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
-3-
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 or parcels 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.
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 inure only 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 owners of the Easement Area, and may be released at any time
by the sole act of Edina.
-4-
IN TESTIMONY WHEREOF, Owner has caused these presents to be
executed the day and year first above written.
Muriel V. Peterson
Mark W. Peterson
Barbara A. Jerich
This instrument is exempt from State Deed Tax.
Drafted by:
Dorsey & Whitney (TSE)
2200 First Bank Place East
Minneapolis, Minnesota 55402
-5-
i.
L
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
e foregoing instrument was acknowledged before me this -21� day of
�. ti 1990, by Muriel V. Peterson, single.
Ey OWNWE E. NVSSiCK
AnM �iCVW
Coy M Ems. 64":
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
a6e�yw (�' 1%.k iW4'
Notary Public
e foregoing instrument was acknowledged before me this 13 7"� day of
1990, by Mark W. Peterson and Barbara A. jerich, husband and
e.
vFN
A +ow�Coun�� mm. Exp. 8&20-95
Notary Public
EXHIBIT A
That part of Lot 1, Block 1, INDIAN HILLS PETERSON ADDITION, according the
recorded plat thereof, Hennepin County, Minnesota which lies northerly of a
circular line concave to the North having a radius of 128.00 feet. Said curve passes
through a point on the West line of said Lot 1, Block 1, distant 135.00 feet northerly
from the Southwest corner of said Lot 1, Block 1, as measured along said West line,
and passes through a point on the East line of said Lot 1, Block 1, distant 152.85 feet
northerly from the Southeast corner of said Lot 1, Block 1, as measured along said
East line, and said line there terminating; also
That part of Lot 2, Block i, INDIAN FULLS PETERSON ADDITION, according to the
recorded plat thereof, Hennepin County, Minnesota which lies northerly and
easterly of the following described line:
Commencing at the most southerly corner of said Lot 2, Block 1; thence
on an assumed bearing of North 41 degrees 48 minutes 00 seconds
West, along the southwesterly line of said Lot 2, Block 1, a distance of
130.85 feet; thence North 23 degrees 21 minutes 53 seconds West a
distance of 22.00 feet to the actual point of beginning of the line to be
described; thence North 39 degrees 10 minutes 45 seconds East a
distance of 20.59 feet, thence North 56 degrees 25 minutes 00 seconds
East a distance of 74.00 feet; thence easterly and southeasterly a distance
of 21.09 feet along a tangential curve concave to the southwest having a
radius of 16.00 feet and a central angle of 75 degrees 31 minutes 21
seconds; thence North 56 degrees 25 minutes 00 seconds East, not
tangent to said curve, a distance of 12.51 feet; thence South 33 degrees
35 minutes 00 seconds East a distance of 90.00 feet; thence South 76
degrees 43 minutes 40 seconds East a distance of 58.00 feet, more or less,
to the East line of said Lot 2, Block 1 and said line there terminating.
-7-
L M 7; 39
5684679
�0. RUORUP
Duplicate
Filing
Certificate
50 Cents