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City `of Edina
NOTICE OF COMPLETION OF PROCEEDINGS
ON VACATION OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES
IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County,
Minnesota on March 1, 1993, adopted a Resolution Vacating Utility and Drainage
Easement, after public hearing and notice thereof as required by law and after
determining it to be in the best interest of the City and of the public that
said easement vacation be made, which resolution ordered the vacation of the
following described easement for utility and drainage purposes, all as platted
and of record in the office of the County Recorder in and for Hennepin County,
Minnesota:
A 20 foot wide strip of land, the centerline of which is described as
follows:
Beginning at a point on the West line of Lot 11, Auditor's Subdivision
No. 325, which point is 365 feet South of the Southwest corner of
Lot 1, Block 1, Harold Woods; thence Easterly, at right angles to
said West line, a distance of 150 feet; thence Northeasterly to a
point on the centerline of Harold Woods Lane, which point is the point
of intersection with a line running from the Southwest corner of
Lot 2, Block 1, Harold Woods Second Addition to the Northwest corner
of Lot 1, Block 1, Harold Woods Third Addition.
Also the West 7.5 feet of the South 305 feet of the north 630 feet
of that part of said Lot 11, Auditor's Subdivision No. 325 lying
South of Harold Woods.
The time of completion of proceedings and the effective date of said vacation
is April 23, 1993.
BY ORDER OF THE CITY COUNCIL,
CITY OF EDINA
k &� 1h
Marcella M. Daehn
City Clerk
City Hall (612) 927 -8861
4801 WEST 50TH STREET FAX (612) 927 -7645
EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461
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CONSERVATION RESTRICTION
(Open Space /Natural Condition)
THIS INDENTURE, Made this - r day of AV 1993,
between R.E.C., INC., a Minnesota corporation (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 § 84.64, for the purposes
and on the terms hereinafter specified, over, on and across the tract(s) or parcel(s) of
land lying and being in the County of Hennepin and State of Minnesota, described
in Exhibit A attached hereto and made a part hereof (said tract(s) or parcel(s) of land
being hereinafter together called the; "Easement Areal.
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 Owner is well seized in fee of the Easement Area, and has good
right to convey pursuant hereto the interests hereby conveyed, and that the
Easement Area is free from all encumbrances, except real estate taxes and
installments of special assessments payable therewith which are not now
delinquent. And Owner will warrant and defend 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.
The purpose of this Conservation Restriction is to assure that the
portion of the Easement Area described in Exhibit B attached hereto and made a part
hereof (said portion of the Easement Area so described in Exhibit B being hereinafter
referred to as the "Open Space Area "), shall at all times remain as open space and
constitute scenic surroundings, and to assure that the portion of the Easement Area
described in Exhibit C hereto and made a part hereof (said portion of the Easement
Area so described in Exhibit C being hereinafter referred to as the "Natural
Condition 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 /or
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 or other structures of any kind, and no roads, signs,
billboards or other advertising of any kind, and no utility equipment poles, wires or
other material of any kind, shall hereafter be erected, installed, constructed or
placed, or allowed to be erected, installed, placed or constructed, on or above all or
any part of the Easement Area without the express prior written approval of Edina.
2. Except as may be permitted by a grading or excavation permit issued
by the City, no soil or other substance or material shall be dumped or placed, or
2
allowed to be dumped or placed, as landfill or for any other purpose, reason or cause
on all or 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, or allowed to be dumped or placed, on all or any part of the Easement
Area without the express prior written approval of Edina.
4. No trees, shrubs or other vegetation shall be removed, or be allowed
to be removed, from all or any part of the Natural Condition Area without the
express prior written approval of Edina, except for trees, limbs or branches that are
dead, diseased or pose safety hazards.
5. Except as may be permitted by a grading or excavation permit issued
by the City, no loam, peat, gravel, soil, rock or other material or substance shall be
excavated, dredged or removed, or allowed to be excavated, dredged or removed,
from all or 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, or soil conservation, and no other acts or uses
detrimental to the retention or preservation of the Open Space Area as a scenic open
space, shall be conducted or permitted to be conducted on all or any part of the Open
Space Area without the express prior written approval of Edina.
7. The Open Space Area shall at all time be kept planted, shrubbed,
sodded and otherwise landscaped (hereinafter collectively called "landscaping ") by
3
Owner, Owner's heirs, representatives, successors and assigns, in a manner
reasonably acceptable to Edina.
8. No activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation or fish and /or wildlife habitat
preservation, and no other acts or uses detrimental to the retention or preservation
of the Natural Condition Area as a natural and scenic open or wooded space or as a
fish and /or wildlife habitat, shall be conducted or permitted to be conducted on all
or any part of the Natural Condition Area without the express prior written
approval of Edina.
9. No surface use shall be made of all or any part of the Natural
Condition Area except for purposes consistent with the maintenance and
preservation of the Natural Condition Area in its natural condition without the
express prior written approval of Edina.
10. No surface use shall be made of all or any part of the Open Space
Area except for purposes consistent with the maintenance and preservation of the
Open Space Area as open space without the express prior written approval of Edina.
11. The Easement Area, including landscaping in the Open Space Area,
shall be maintained at all times by Owner and Owner's heirs, representatives,
successors and assigns, in full compliance with all applicable ordinances of Edina
now or hereafter enacted and in full compliance with the provisions of this
Conservation Restriction.
4
12. 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.
13. This Conservation Restriction shall not operate to prevent the
Owner or invitees of the Owner from using the Open Space Area for normal rear
yard surface use activities by such persons; provided such use of the Open Space
Area does not include the erection, installation, placement or construction of any
building or other structure or improvement of any kind, including, but not limited
to, swimming pools, sport courts, decks and patios, within the Open Space Area.
This Conservation Restriction shall not operate to prevent the Owner or invitees of
the Owner from pedestrian travel over the surface of the Natural Condition Area.
14. 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 such statutes 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 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, enter
upon the Easement Area with such personnel, equipment and material as it
5
determines necessary, to undertake and 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 Owner, and Owner's heirs, representatives, successors and
assigns, on demand made by Edina, its successors and assigns. Such entry shall be
without liability or obligation of any kind to Owner, or any owner or occupant of the
Easement Area, for trespass or damage to the Easement Area, or any property or
improvements thereon, or for loss of business or business interruption, or any other
cause, all of which liability and obligation is hereby waived by Owner, and if any
person makes any claim against Edina, or its officers, agents, employees,
representatives or contractors for loss or damage to property or business due to such
entry, Owner agrees to hold Edina, and its officers, agents, employees,
representatives or contractors harmless from- and indemnified against any loss, cost,
damage or expense, including attorneys' fees whether suit be brought or not, arising
out of such claim, and to pay to Edina, upon demand of Edina, any such loss, cost,
damage or expense, including attorneys' fees, suffered or incurred by Edina, or its
officers, agents, employees, representatives or contractors, with interest at the
highest rate allowed by law, or if no maximum rate is applicable, then at the rate of
twelve percent (12 %) per annum, from the date demanded until paid; provided,
however, that the foregoing hold harmless and indemnity shall not apply to
intentional wrongful acts or omissions or negligence of Edina, or its officers, agents,
RI
employees, representatives or contractors. Owner and 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 levy 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 levied, and Owner, for Owner and
Owner's heirs, representatives, successors and assigns, hereby waive any and all
objections to such levy, 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 before they become delinquent, 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.
15. 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 record owners of the Easement Area, and may be
7
released in whole or in part at any time, and from time to time, by the sole act of
Edina.
16. Each person who is now or hereafter a record owner of, all or any
part of the Easement Area shall be liable hereunder for all liabilities and obligations
accruing hereunder while such a record owner, and if there be more than one such
record owner, such owners shall be jointly and severally liable. However, such
liability shall cease as to such record owner when no longer such a record owner,
except, however, for liabilities and obligations which accrued while such a record
owner.
17. If any provision of this Conservation Restriction is for any reason
held to be invalid or unenforceable as to any person or circumstance, the application
of such provision to persons and circumstances other than those as to which it shall
be held invalid or unenforceable, shall not be affected thereby, and all provisions of
this Conservation Restriction in all other respects shall remain in full force and
effect and be valid and enforceable.
IN WITNESS WHEREOF, Owner has caused these presents to be
executed the day and year first above written.
R.E.C., INC.
Y
Ron Clark, Chief Executive Officer
This instrument is exempt from State Deed Tax-
9
1 I
iI
STATE OF MINNESOTA)
} ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day
of 1993, by Ron Clark, the Chief Executive Officer of R.E.C., Inc., a
mfn-n—esod corporation, on behalf of the corporation.
C�
CYNTHIA A. VOLKART
Notary Public
NoTAw PuR c - Mea mn
SCOTT COUNTY
my Uw1ssbn E)#z Feb. 15,190
-� AND PP!G' TAXES PAID
DEPT. QF ?,� , r, nLiC ?ECORDS
TRA: > SFE ENTERED
9 OQ% 1
P MINN.
DEPUTY
CONSENT AND SUBORDINATION
The undersigned, being the holder of a Mortgage (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 dated April 23, 1993 , and recorded as Document
No. 6070163 , in the office of the county recorder , 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,
an owner in the event it becomes a record owner of all or any part of the Easement
Area.
EASTERN HEIGHTS STATE BANK
OF SAINT PAUL
B /--1-1 �--- --
Y
Its Vice President
And A / u
Its C rcial Loan Officer
STATE OF MINNESOTA )
ss.
COUNTY OF WASHID1GMN )
The foregoing Consent and Subordination was acknowledged before
me this 14th day of May -/ 1993, by T D Hansen , the Vies PrpsidPnt , and
Mandy Stil.le , the Commercial L.O. of Eastern Heights State Bank of Saint Paul, a
Minnesota corporation, on behalf of the corporation.
MARY JO GRAMEN?
NOTARY PUBLIC MINNESQL�1
, WASHINGTON COUNTY
MY COMMISSION EXPIRES FEB. 25. 195
2
ota y Public
M649-
6167713
ISO CT9311:02 A6167-eI3
1 SOCT9311:02 A6167713
17 -E
_CD ,CD $4.50
DOC $i6.0
)ER
Klill'.-Il "I C -!i i Y, MANESOTA
i�!;D OR
1993 OCT 1 3 kYl 10: 58
6167713
C,
IRECORDER
"EPUTY
FXHXBIT A
That part of Lots 2 and 5, Bloch 1, MARK DALQUIST ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, that lies within
a 100 foot strip of land and the westerly and northerly line of said
strip described as follows:
Commencing at the southwest corner of said Lots 2; thence on an
assumed bearing of North 89 degrees 31 minutes 23 seconds Bast,
along the south line of said Lot 2, a distance Ot 35.17 feet to the
point of beginning; thence North 14 degrees CZ minutes 10 seconds
East 110.71, feet; thence North 28 degrees 04 minutes 21 seconds
East 56.72 feet; thence North 40 degrees 36 minutes 05 8600nds soft
92.38 foot; thence North 50 dogrsos 38 minutes 26 ssoonds east
66.44 feet; thence North .79 degrees 41 minutes 43 seconds Bast
51.91 loot; thence South 71 degrees 93 minutes 34 seconds Nast
126.17 toot; thence North 74 dsgroos 03 minutes 17 seconds Bast
34#18 feet to the intersection with the east line of said Lot 6 and
said line there terminating.
ZXHI31T B
That part Of LOtS 2 and 5, Block 1, MARK DALQUIBT ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, that lies within
a 75 foot strip of land and the westerly and northerly line of said
strip described as foliowss
Commencing at the southwest corner of said Lots 2; thence on an
assumed bearing of North 89 degrees 31 minutes 23 seconds East,
along the south line of said Lot 2, a distance of 35.17 feet to the
point of beginning; thence North 14 degrees 02 minutes 10 seconds
Bast 110.71 feet; thence North 28 degrees 04 minutes 21 seco"s
East 56.72 feet; thence North 40 degrees 36 minutes 05 seconds Vast
92.28 feet; thence North 50 degrees 38 minutes 26 seconds Bast
66.44 feet; thence North 79 degrees 41 minutes 43 seconds Bast
61.91 feet; thence South 71 degrees 33 minutes 54 seconds Bast
126.17 feet; thenoe North 74 degrees 03 minutes 17 seconds East
34.18 feet to tns intersection with the east line of said Lot Sand
said line there terminating.
EXHIBIT C
That part of Lots 2 and 5, Block 1, K%M DALQUYBT ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, that lies within
a 25 foot strip of land and the westerly and northerly line of said
strip is a line 75.00 feet easterly and southerly of the tollow3Ag
described liner
Commencing at the southwest corner of said Lots 2; thence on an
assumed bearing of North 89 degrees 31 minutes 23 seconds $art,
along the south line of said Lot Z, a distance of 33.17 foot to the
point of beginning; thence North 14 degrees 02 minutes 10 seconds
Best 110.71 feet; thence North 28 degrees 04 minutes 21 seconds
Beet 56.72 feet; thence North 40 degrees 36 minutes 05 seconds taut
92.28 feet; thence North 50 degrees 38 minutes 26 seconds Bast
66.44 feet; thence North 79 degrees 41 minutes 43 seconds Vest
61.91 feet; thence south 71 degrees 33 minutes 54 seconds East
126.17 feet; thence North 74 degrees 03 minutes 17 seconds Bast
34.18 feet to the intersection with the east litre of said Lot 5 and
sakd line there terminating.
84893
05/10/93