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HomeMy WebLinkAbout2469i Y 4gq CONSERVATION RESTRICTION (Open Space) THIS INDENTURE, Made this /Or'" day of INDIAN HILLS COMPANY, a Minnesota partnership and CROSS VIEW 19 85, between LUTHERAN CHURCH. a Minnesota non- (hereinafter called profit corporation "Owner," whether one or more), and the CITY Or 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 conlsideration, the receipt of which is hereby acknowledged, does hereby Grant, Bargain, Quitclaim 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 Atea'Y). 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 itself and its successors and assigns, does hereby covenant and agree that: I. No building, road, sign, billboard or other advertising, utility or other structure of any kind shall be 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. 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 conserva- tion, or other acts or uses detrimental 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, its successors and assigns, in a manner reasonably acceptable to Edina. 7. The Easement Area, including landscaping, shall be maintained at all times by Owner, its successors and assigns, in full "compliance with all applicable ordinances of Edina now or hereafter enacted. 8. if there shall be a violation or breach, or an attempt to violate or breach, any of the terns, covenants or. conditions of this Conservation Restriction, Edina may prosecute -2- { 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 terr., covenant or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, shall be payable by Owner, its successors and assigns, on demand made by Edina, its successors and assigns, and, in addition to other remedies then available for collection of such cost and interest Edina may charge 'such cost 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 (with- out, 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 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. 9. This Conservation Restriction shall not operate to grant Ito Edina the right to use the Easement Area as a park or any similar use, and Edina and members of the public shall not acquire any right to make any improvements upon or to make any physical use of the Easement Area except as herein expressly provided. - 3- 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, modified or released, at any time and from time to time, by the sole act of Edina and the then owner of 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. This instrwrent is exempt from State Deed Tax. IN TESTIMONY WHEREOF, The said Owner has caused these presents to be executed the day and year first above written. INDIAN HILLS COMPANY I -LUT CHURCH BY: GUSTAFSON & ASSOCIATES COMPANY BY: GUSTAFSON & ASSOCIATES, INC. By. 1 , .a Par n r Its: BY: BY- J f e P. us fson Its a re I s s ident 0i�TNER ITS PARTN R BY: WESTERN STRUCTIO/ COMPANY, INC. CITY OF' EDINA A Partn BY: BY: Grego y Gustafs n Its: President ITS PARTNER BY: -4- STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this �&k day of A4AV , 19 85, by , A• RIOT - the_ 4 and the of Cross Vie Mtheran Church , a non -prof it Minnesota corporation, on behalf of th corporation. DANIEL R. TYSON STATE OF NOTARY PUBLIC -MINNESOTA SS HENNEPIN COUNTY COUNTY OF ) �n�gwpnExpresJari 7, 11 Ecd The foregoing this day of STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) instrument was acknowledged before me 19_, by . The - foregoing instrument was acknowledged before me this 1 3• day of 1985 , by Jeffrey P. Gustafson President of Gustafson & Associates, Inc. a Minrie so t a corporation and by Gregory D. Gustafson, President of Western Construction Corr>pany, Inc., a Minnesota corporation, the partners of Gustafso p & Associates Company, a Minnesota partnership, partner. of INDIAN HILLS CCt4PA ', p Minnesota partnership. STATE OF bff14N SETA ) SS COUNTY OF HENNEPIN ) . If DANIEL R. TYSON NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY q.�{y My Commiswa� Exon" Jan 1. The foregoing instr�mient was acknowl 7f� y of , 1985 by the _ and d the f t City of Edina, a icipal corporation under the lAws of the St/ate dif Minntgsota on behalf of the corporat' n. CAAI6.L. NOTARY PWLIC - MINN�OTA HENNEPIN COUNTY ' My Commmwn axpins AuB. 2a, tiif0 -5- (! CONSENT A:�D SUEORDINATIp�7 .I i The undersigned, being the holder of a g g Vendor s in_ tercet j (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 November 8 1982 and recorded as Document No. in the office of the County Recorder, Hennepin,' I and in the office of the Registrar of Titles on County, Hennepin County, Minnesota, does hereby agree and s conen I t to as Doc. all of th L Im e I-er s 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, in the event it becomes the owner of the Easement Area. THE MINNESOTA SOUTH DISTRICT OF THE LUTHERAN CHURCH MT SOUR1 SYNOn STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this tor,-- clay of MAU , 19 85, by 4 -61- 045re: K_, the E5 pEi,) c�' 'T and IYAL € XoAN_-_.o/Q , t h e 1ll•6A5�✓Rtvi of Cross View Lutheran Church , a non - profit Minnesota corporation, on behalf of the corporation. a DANIEL R. TYSO_0N � STATE OF ) "V NOTARY PUBLIC - MINNESOTA SS HENNEPIN COUNTY � ^ ExPaea .Jan. 7, J. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 , by STATE OF MINN]E O A ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1985, by Jeffrey P. Gustafson, President of Gustafson & Associates, Inc., a Minnesota corporation and by Gregory D. Gustafson, Presi&' nt of Western Construction Caupany, Inc., a Minnesota corporation, the partners of Gustafson & Associates Company, a Minnesota partnership, partner of INDIAN HILLS COMPANY, a Minnesota partnership. STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before rm this day of 1985 by the and the of the City of Edina, a municipal corporation under the laws of the State of Minnesota on behalf of the corporation. -5- Y 1 EXHIBIT A CONSERVATION EASEMENT LEGAL DESCRIPTION That part of Lots 1 through 7, Block 1, Indian Hills 2nd Addition lying Southwesterly of a line described as follows; Commencing at the Northeast corner of said Lot 1; thence Southwesterly along the Southeast line of said Lot 1, on an assumed bearing of South 42 degrees 33 minutes 27 seconds West, a distance of 100.00 feet to the point of beginning of the line to be described; thence North 31 degrees 55 minutes 37 seconds West a distance of 105.31 feet; thence North 44 degrees,_52 minutes 34 seconds West a distance of 105.93 feet; thence 57 degrees 32 minutes 53 seconds West a distance of 106.23 feet; thence North 70 degrees 32 minutes 53 seconds East a distance of 106.09 feet; thence.North 80 degrees 36 minutes 02 seconds West a distance of 343.14 feet to the easterly right of way line of Timber Trail and there terminating. also that part of Lot 8 Block 1, Indian Hills 2nd Addition, lying Northeasterly of a line drawn from a point on the West line of said Lot 8 distant 100.00 feet Northeast of the Southwest corner thereof to a point on the East line of said Lot 8 distant 100.00 feet Southwesterlyf the Northeast corner thereof.