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HomeMy WebLinkAbout2634c' C. Certificate of Title Certificate Number: 405358 Transfer From Certificate Number: 337199 Originally registered the 12th day of December, 1951. Book: 588 Page: 179275 Dist. Court No.: 10762 State of Minnesota REGISTRATION County of Hennepin S.S. This is to certify that City of Edina, a Minnesota municipa� corporation, City of Edina, County of Hennepin, State of Minnesota is now the owner of an estate in fee simple in the following described land situated in the County of Hen The South 1/2 of the Northeast The South 10 acres of the Northec described as follows: Beginning at Northwest corner thereof; thence thence Northwesterly to a point on thereof and there terminating; The West 1/2 of the Southwest Q the Easterly line of a strip of land lyi Beginning at a point on the North lid corner of said Section; thence Soutl South) a distance of 200 feet; thenc of beginning of line to be described, along a 1 degree 30 minute curve (< feet and there terminating; The East 1/2 of the Southwest All of the Southeast Quarter; The South 1/2 of the Northwest Q Northwest Quarter and the center within a d of Section to wit: I �Nrt,torthea - � "tC h grter, exr,, I 1�� d' - tri Ingle of 34 degr "+ rid South 10 acres d+ no k,part thereof lying Northerly of a line es,;,distant 790 feet East of the �IdNoil,h line a distance of 273 feet; t -South of the Northwest corner _s exceptAhat part thereof lying West of e of a c6riter line described as follows: ;tant 852-5 feet East of the Northwest irl'Utes (as measured from East to as „ distance of 100 feet to actual point feet; thence deflect to the right to le 1 es 2T in rR tes” enf ci' Ce,'586.2 feet) a distance of 1163.3 Ink OVA Ajs 7 �a - E)r except that part thereof lying between the North line of said South 1/2 of the of County Road Number 39 and except the West 950 feet thereof, all in Section 7, Township 116, Ran a 21. Subject to a power line easement in favor of Northern States Power Company over the South 20 feet of Section 7, Township 116, Range 21, as granted and set forth in paragraph It of that certain stipulation dated October 18, 1951, filed November 8, 1951 executed b and between Samuel G. Smilow as attorney for F.J.Hays and W.S. Hooper attorney for Northern States Power Compan as set forth in deed of record in Book 1051 of Deeds, page 639. Together with 3 public road easements in a width of at least 60 feet over and across the following described property to -wit: The West 550 feet of the So thwest 1/4 and the West 950 feet of the South 1/2 of the Northwest 1/4 lying South of the center line of County Road N . 39, all in Section 7, Township 116, Range 21 as shown in deed Doc No 528524. See instrument as to termination of aid easements. Page 1 of 2 i rr Subject to the interests shown by the followin chapter 508, namely: 1. Liens, claims, or rights arising under 0 require to appear of record; 2. Any real property tax or special assessi 3. Any lease for a period not exceeding th 4. All rights in public highways upon the 1 5. Such right of appeal or right to appear 6. The rights of any person in possession 7. Any outstanding mechanics lien rights memorials and to the following rights or encumbrances set forth in Minnesota statutes laws or the Constitution of the United States, which the statutes of this state cannot ?nt for which a sale of the land has not been had at the date of the certificate of title; e years, when there is actual occupation of the premises under the lease; id; d contest the application as is allowed by law; nder deed or contract for deed from the owner of the certificate of title; rich may exist under Minnesota statutes sections 514.01 to 514.17. MEMORIALS Document Document Date of Reg stration Number Type Month Day, ear Time Amount ($) Running in Favor of 51667E Agreement Nov 26,1956 3:00 PM Between F.J. Hays & Helen B. Hays hus & wf & the Village of Edina the S 112 of the NW Quarter exc that part thereof lyg between the N line of d S 1/2 of the NW Quarter & the center line of County Rd. No. 39 in Sec 7 Twp 116 R 21 See Inst 933264 Notice of Lis Jan 13,1969 0:45 AM The County of Hennepin. To acquire the fee fimple for hwy purposes & Pendens certain easements & rights over pt of above & other land. (See Inst) Par 1063053 County Highway Mar 01,1973 0:30 AM e µ ty of Hennepin, County State Aid Highway No. 18, Plat 18, as Plat a of bQn Doc. No. 979240 1502601 Mechanic's Lien Feb 25,1983 3:00 PN�' 5, 0 Jesco,, (a, ate of.lasi it 9; 1982 1520904 Mechanic's Lien Jun 24,1983 2:00 P97 , 4 294t?� I Vp Electric Co ray; trio, (a MN corp) Dateflf l , Rom 983: 2270186 Department of Jun 16,1992 Authorizin �w ' getf re-:':`.wetlands as to pt of above land. (See Army Permit �� Inst Creating a cov (as ffi E 1 /2Of the S 1/2 of Sec 7, Twp 116, R 21) 2312936 Declaration Nov 05,1992:3 9:00 A , : 3845990 Declaration Sep 30,2003 1:00 PIS Cr e `fit .' ee Inst)I 410846 Declaration of May 02,2005-12:00 PMT a $, a ep�#ic�, fid eplacent Restrictions and s "w _ On �of Ooye 4a " ee Inst p e� ) Covenants L4 A& �° . ATS Indexes verified through Marc 07, 2006 V. itTNESS WHER hove hereunto subscribed my name ad1A. tie seat bf m',y office this 27th day of June, 1966. z fth K. Allison Registrar of Titles, id of r the Cbiunty of Hennepin and State of Minnesota. Certificate Number: I405358.0 Page 2 of 2 COUNTY OF HENNEPIN STATE OF MINNESOTA THIS IS A CONDITION OF THE REGISTER AS TO THE WITHIN CERTIFICATE OF TITLE ON FILE IN THE OFFICE OF THE REGISTRAR OF TIT ELF ,S AS Tf / T� r �-� DAY OF-' -0 'y -4�^. -� '&1fCHAEL K CUNWF REGISTRAR OF TITLE` BY � QEPUTY i couc�'� 9-1 IMJ 11 -10-56 U ll 7! M 41t� Mad• wd Im tamd ixe1a txu . lee bt r by aw bas"m F. J. un 4wd mw s6 nIML l b ry -A F � 2 F: F 1. :x 1 } Cx, . w x Jib MA fa tao r *Mu aAWMW apt $*"ft 60 b. ftt W AS l%#X W aM& apt ywiir aiM U w & • Naverv;er* w:U'e, (son municipal ($ow-t-i'les r'r T A U R, 1�' f" N T AWRE7,'4FNF, Aa-le ,�jj- ep- 7,cto. into iu -Aj� --'a M P,6 and ;)etwenn F. Y9 jl;�y,: Rn,i lipUN B. 1IAySp -jUXL)and wbd Ancs hereinafter called. HiMYS"), mild the VIL1,4.1,.V W, -.!)IX4 atior orrardsco itntier 1-he 'Laws of the state or nfInn.060ta, ')RMTA.;# ver';etlry .real propel -ty- jo<.ated in Qic VilUc herpJmafter desc--Vied; 17vi WWMAG, The Viii", is desir-cus of acquirinr said bran.t upon fire rGllo terms and condlt,-ions, In consideration of the V:Llla4,:e unazertaking to pass a bon issue to finance e purchase of the property ow by wd HM, mid In 1^urth lecinalderation of The am of ONE DOLLAP ($1.00) and other food and 90 be) tkweef, aU. In Section Seven (7), TOWU*dp One %mdred Six- 2* Mcum PRIcs,. ne'village agrees to zany fro Hays the a'c )OV10- in perty for a purchases price of Om- Hundred Misty -five 40nousam Dollw-s. (311 520DO.00) mi)ject to tho tz-rrss and conditions hereinafter met fertI6 WNDITION MW PURQW-,"l' OF MOPMLT. The obli,,atjori of the :wahp"e the Property at'. -i nale pr:Lc#., of ;',-W5v010 is con"Anj.-'ent n the sale, J.ssu&nce an(,. lelivex-j of general OUJ.;-,aUr � - . n )n ' ond, of the T*MaL-c 01' l."dina Vor /Ac(laialtion. c.l' park property In art amount nuf-l"Joient to h l pay Wi,.7; puwr , -Jae pric.-e lwrei.q'*f ore cUUt ed# it ';einC wideratood and that " jllicwr- rdholl cause an clecUon t4 '.)e had on whetAer or rot auc*,.,4 oWs otl&-U - I - sideration, IT IS MT'-'.r X)RMD AS FCIM43t HOY7& agrees to sell to the Vil-laree the Ixacbs of Laid ly"SW 116ift IR the (10witT Of HEMIePi-no St*tO Of NJX&UwOha, descrioad as fOLICAMP to-wit$ South One-half (0j) of the NorUwast One quarter ($Mk)&jAc the quarter("=E�.)Mw (3) tm " f the NOrthes-st, On* qJ&rter NNOof the Northeast One at cq�img) :f the SoutJUpwt Quarter (W*} e=eptirk-. the V,ftat ive HwWred Fifty ftet (W*5 ft.) therse; the tast.one-half I )j An Of the Souawast Quarter the SfttA Qxe if (*) of the Wortbuest e,!u@rter (Wj)s except that tbwww Uthe betumn the Worth line of said South No-hgaf tbP XWtbW*f- Quarter (WI) and chs C=t*r IlUe of County Road mid Arther emoapting, Uw dent Vim ltnm&-ed 114ftv Feet (j 90 be) tkweef, aU. In Section Seven (7), TOWU*dp One %mdred Six- 2* Mcum PRIcs,. ne'village agrees to zany fro Hays the a'c )OV10- in perty for a purchases price of Om- Hundred Misty -five 40nousam Dollw-s. (311 520DO.00) mi)ject to tho tz-rrss and conditions hereinafter met fertI6 WNDITION MW PURQW-,"l' OF MOPMLT. The obli,,atjori of the :wahp"e the Property at'. -i nale pr:Lc#., of ;',-W5v010 is con"Anj.-'ent n the sale, J.ssu&nce an(,. lelivex-j of general OUJ.;-,aUr � - . n )n ' ond, of the T*MaL-c 01' l."dina Vor /Ac(laialtion. c.l' park property In art amount nuf-l"Joient to h l pay Wi,.7; puwr , -Jae pric.-e lwrei.q'*f ore cUUt ed# it ';einC wideratood and that " jllicwr- rdholl cause an clecUon t4 '.)e had on whetAer or rot auc*,.,4 oWs otl&-U - I - be issued fo;� howevers that 01W l L_lu-.S(J the acquisitign of park property a A othpr park ptesposta; provided, the village z ;ails bx7zs ':ire ,iiscretien as to whether they shall call for an clEction on the - !tjTu&nc.e of bazxls in the arsount of the purchase price hater somt figure ovfr and a�ovc that rawunt. 11he Village hear: -by agrees to cans such election to be had prior to Narch 1, 1957. If the voters fail to appro. the 'sand ism prior to 'N arch 1, 1957, then this agrament shall, be ill. said void and both parties hereto shall be autamaticalky released from all li.al)ility and from my further obligation to perform her If the result of the clection is the approval_ of the bond issue, the vi agrees to take all other necessary steps as soon as rcasonr- ably possible provide for the sale, issuance and dellvw7 of the fonds. 4, TXVZ 8XA3fIftrIMe In the event the necessary approval of the "'and issue is obtainmds the Village shall deliver to Drys a notice of such approval as s n as reasonabl r possible. After receipt of such notice, Hays shall furnish to the Pillage a Certificate of Title and Pegistered Property Abstract, which is to include proper saarcbes covering badwupteies and state and Federal JvAkwents and 11ens, showing a< mssicetable title to the above described prcTwa47,. The Village shall have fifteen (1,5) days from and after receipt thereof within which to eximdme title sad notify Hays in writing of MW objections therets. If wW objections are so sad** FiWa shall be allowed sixty (60) days to correct sash objections and :sake title marketable.. If said title is mat marketable and is not so saaxie within the sixty (60) day periods them the village sha11 i�sve the election to 4ealare this agreement terainatod or *.a accept such title in its then condition sM to apply as much of the saxes pzv - coeds as mW be neoessaz7 therefor, towards the correction of swsh title. Ate► payments so shell be oornsidered as being payments on the purchase price. 5. 1!1W M ASS...�._'..._., . Hags hereby agrees to peg* the taxes and :spec.'+a1 . laments: -tar thew A'_ 19 "6, dttn ane. paynblo i- M", on or before the: delivery of a deed to he "tillage. it is nL-ther agreed thal. as to the folloyr1.n6 descr bad property retained ..T Hays, located in Homepin County, Mire- ±eaota, to- q' -Jtt The West ve IIundred P'ift;T Feet (We 550 f ti.) of the souihwrst Quarbrr ( j) and the west vine Hundret rifir rest (we 950 ft.) of the South 9ne4mas (si) of the Nertt meat Oart r (wt) lying; sonth -2- it LM DFJ 11-10-56 lip-13-% st t6a em6w 260 ambd No* W CJDA). XmW =Zoswo:"** On 180 OMMRP*l 9flmft &W fWWWO 20VT Of MPSQSAX aWODOW&MMS lis be WRAW IINr 4ft 400"06 Of SOW AwPrVffftw*44 WMAI soak Um so amw U*wol I =2 hum P"to IV so* to 4p dwU be APM 16 300o Vrbw to 00 40glo so 1111111;1111,110 illiblift ri*t at au MOW to 006M *8 Powwow tr its It No. Or va III p •3• Of the OoMt4W UM as Co=Ly j4Md lia. 39, all in creation Seven (7), �'v-r+rtsh3,p dhte Haandred sixtaeat IL ), R= a 44'arantyono (u), it shall be .M±t free WV "unite: Levy 0" spOciaal asses.%mM'tz ',;o be made by the Village: on account of sever i .rcr erxeatop until such t,iaae as power 7aLafti or service lin a are petitioned for as W all or wW portion of said retained pr OPer Y. 7= ins If wq power la .eral or s er ice lingo are conartructe d pursuant to petition so an to serve nl:l or aagr portion of said property, thy: nos t of au sewers mv ae specially asseasacd by the Village against al arnch property is served thoretv in ac'oerdaett:es with the benefits recarived, and there nµv b. addled to the as3esw4mts on such property a portion of the cost of UMM* aaara Previously constructed and stirring such property in accordance with the bonsfi.ts conferred by such trw* sower oonstruction. 6. ACMW OM RETAWD riwrmn. Rays hereby agrees to Grant to the ViD.Age lic road swans to the property herein sold over and ac"ss the property re+ d by hin and dloperibed in pauagrsph 5. 'ffiis garlic road access eha be In alt ]+east throo (3) O, es do be desigatt+eA: 'dy Ulu Sfi.Ll We a»r and acraass the retained pa ,-tjr in a width of Thirty Warr..e: facet (60). Hare further eo too delimr to this 'fillare aaw0► in�ts it doew nemagary top of record its r�ptts to the public roods herein granted and to be watab dod araaear the retainer] Property. pertay. The Village, in determining the location of aceasar roams, agrees to coortunate the location of said roada whereTer in a Mnner compatible with the developaant try Hags of the retained Are The Village ztt 1hor agrees to doU ear to Heprs salt instrunionts as aW dew nedeesear�r to raja&" the rigkts of the Village lewaareuaal rr awsos reed's are dofbdte3,,r established, T. G VEL O�* The proaaw u tTovel contract 'aetwm a the V:Ulage mid Hays t0ndmsts aattowaatiealIr wapon delivery of the deed to the Vil1Ve. The r, the Villa a whalx barn the absolat . rift to remove ao s! u_la of the Z1 col nn thca 4L,'Vre deg c.ri_Ad rorenwii.ses as it may deairc* bpcanea final, on sold, the final 4 her "1':4Ca shall hat ere the rich t a t h`h'��;rFiICN. In Y,. 4trelvr the uond sale, issuance wn,i oeli vey I flee Village oAon)xates Ow. perohase of the property herein slivery of 040ploto Possession of tM prope• -ice � tiara to ba W11 1, 19 , Prier to that date, the iillay o shall an time to enter the property by its agents or aVlorew •3- DEJ ii,- 1.o—zA 11- :2 —:.Z to wake necessary stwdisa, as - ",ye or ,gists pertinent to �ha planning of the a n t.i: area. 'au'1ngs 'Ae years 1957, 3.958 and 1959, a portion of the property t be des, a� by the vi11t4 a shall be made available to this public for skiing and other winter sports and to groups having permission of he Village to rue the area for day %mpin` or hiking. Durint, the year 1958 the Villa "I have the right to enter the property by its agents, a Wleyeaen or centraa to begin all necessary wort for developing access roadso parking areas, pul! c toilet faci.lttias and such tither devvelopmmt an 1.+ war deem necessary o advisablaa. This agrea2ent m-lating to possessaion of the property shall not b superseded by delivery of a dead .fi-com HRya to the Village con - vmying the se title to the prodaw herein sold. 9. GJFWR. The Village shall paay to Nays the purchase price of the pr rty as soon as reeasonablr possible aster the sale, isenanre and delivery of the bonds as herein provided. RWo &shall ooiaaidmnta13y tbarewi th execute anai doli'vur to the Village a statutory form at Warranty Tleed convey bW the grope herein so34 together with =W type of &comes easement over the property re aired by Sqm as the Yinage asps deoirea as provided in paragraph 6. Hays angrees to pLwe Poderal, deounsntaiT s tastps on the deed nW to deliver to Village a t atatamot shovU4 that the taxes ppahle in 1957 and Prior years are paid in ail at ties date of pQvmnt of the pwrcltsse price. MUCKS. Wbwearr in this agrmnssnt it shall be required or permitted t ratioe or domand call be gimme+ by or sere+ad by either parttgr to this to or an than otbor, such suite or dwao d shall be even as served in ting Revd fmraar[aded by registered wail, addressed as fellovat TOt W. sad Ws. F. J. Hags 76M VI 18 hMrlresaeyer'k�e-�, Mixresota and /- lofj!a'f ^Jf aril seals, TO: Village 'If .w dicta 14801 Mast 50:.h 3treart Kinn►earalis 24, minneaota ZR'S V4 0NY Wii2T.VW# The parties hereto have set their hands tae Vill a a: V%:ia+a lux as mood these prosento to be executed . It in i -a oor seal to be In Pr i)EJ 11 -10 -56 11 -12 >'6 Lte name 7y its du.y authorized officers and its corporate leto affixed the day and year first above written, cc oft J. C -- •� ^,:.c• • -,,,_� ads 1�C' e'e ct-- r a I e Hays. STATE OF .SGPA aa. COUNii OF f .' IN VILLAGE OF MINA . ; Alaiteger `/ And Oil.]Ag4o M0 2 6 this - daffy of November, A.D. 1956, before me, a Notaz7 Public wi' and for �oAty, per onally appeared F. J. RM and MEN B. HAYS, husban and wife, to me known to be the persona described in and who executed the foregoing instrmen-t, and acknowledged that they executed the saute as their frec act and deed, SBAb) a :lat±tar i �!Z'NC• tier... ; +rt .' :h:.t��, .s�..t, `V a% IAN STATE: OF Tit TA ) ) ss. MUM OF HFNW3N ) P ubli.c wi rehspectively - this 23th day of Novmaber. A.D. 1956, before mc, a Notary and .COs sa unty personally appeared WMW Co HWE and ILEM S. ALM , to me ern; io, being each by me M-4 swern, did nay that thTy are and the Clerk of the TILLAGS OF EDXHA, the municipal - 5 - t; 3, �Y in ita oorp Mal to be In !re DEd 11- 10 -56 11 -12 -56 • tNllae bY its duly authorised, officers and its corpw&te to affixed the day and year first shove xrittan. 0 of �A+ F. J. Have I y2,I.GL� Ite1w. BO n HWS. STATE OF mn ODUNTr OF HF Y mblic Witt respective:j � a6. SIN ) I this � da of AOvaabers A.A. 1956, before men a Rotary i aaai �ae personally appeatr�d G• m to e bsnd e% ea ` `'b ems, '� so the CUrk of the VILLM or ii i., the municipal - 5 - i VILLAGE OF EDIRA ♦ y, `« V • . "dOV 2 6 1966 __..._ .._ ... _. owe. `°K� x•..t a k •' �i '4 "f / � tr i 4i STAB OF l� oDUuTT o: , i � of NOMber. A.D. 1956, befa!re met a Xotary G lii aiid f, �'. 7. pero .T appeared F. 4 RM and HELEN H• Hk B his ' 4 krahM to. be the persons dsser bed. in and wba e dted the ferema►3 g t, and acknowledged that they emcated the aa�u as their free act and used. PL P!' [yam FJ�a~ wl�'cc:.i••,'�tRe, IV ri�Y� mba4 e . epNao -IV a% LAS STATE OF mn ODUNTr OF HF Y mblic Witt respective:j � a6. SIN ) I this � da of AOvaabers A.A. 1956, before men a Rotary i aaai �ae personally appeatr�d G• m to e bsnd e% ea ` `'b ems, '� so the CUrk of the VILLM or ii i., the municipal - 5 - i VU&40 w nut- M S • 'MOT rj M S • n -12-56 cas PW&tjAm In the famping Ise Un mwt, sad that the omal afflAod to said last is tbo omVwsU semi. of *=Udpa). <earpwvUO p wed that said wax olgmd aid swaad in bob W- of MIA awrp XUM 14 4otbwLtr of is TU3&v QowMd4 stud said o .tk�a *� �, tevrpoz�et L SULl -d• aA1,w gat a ... f r. �y r r ks ,it �A V%i The undersi legally described in and as owner of such easement is hereby `< M384:i`990 T M rn 01 O -n moos oCZ o .m �o i _ C3 rn 0zN Uj v —I O m M DO m— zo � DECLARATION has the following interest in the real property (the "Real Property") A, which is attached hereto and made a part hereof, the appropriate box) a fee simple title, a lease, or an easement, title, lease or easement, does hereby declare that such fee title, lease or to the following restriction: The fee itle to, lease of, or easement on the Real Property is bond financed property within the meaning of Minn. Stat. § 16A.695, as amende from time to time, is subject to the encumbrance created and requirements imposed thereby, and cannot be sold or otherwise disposed of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commis ioner of Finance, which approval must be evidenced by a written tatement signed by the Commissioner of Finance and attached to the deed or instrument used to sell or otherwise dispose of the fe title to, lease of, or easement on the Real Property. The fee title to, lease o> or easement on the Real Property shall remain subject to this restriction until; (i) the restriction as been fully complied with as evidenced by a written approval from the Minnesota Commission r of Finance, or (ii) a written release, releasing the fee title to, lease of, or easement on the Rea Property from the restriction, signed by the Minnesota Commissioner of Finance, is recorded in a real estate records relating to the Real Property. A -1 W w This Declaration was City of Edina 4801 W. 50`x' Street Edina, MN 55424 State of Minnesota ) )S County of Hennepin) by: CITY OF EDINA By: Dennis F. ae By: L. Hughes,'C (ti Manager The foregoing instrum nt was acknowledged this a- day of September, 2003, by Dennis F. Maetzold, the mayor o the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf o said municipal corporation. " F t.L LY 11Z�] IN I -a Notary Public of e�a,wumos State of Minnesota ) )S . County of Hennepin) y The foregoing instrume t was acknowledged this day of September, 2003, by Gordon L. Hughes, City Manager f the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behal of said municipal corporation. , OARLENE R. wALUN NOTARY PUBLIC - MINNESOTA Notary Public My Commission Expires Jsn. $1.20 A -2 • 4 %`1 That part of Section Hennepin County, Mi Commencing at the s }3 seconds East, assumed a thence South 87 degre " beginning of the land t cad ttA East a distance of 218. concave to the north, h 42 seconds; thence sot * the west, having a radi a chord bearing of So minutes 03 seconds A .0 North 75 degrees 41 n 0.18 minutes 03 second; seconds West a distan distance of 558.69 feet C EXHIBIT A LEGAL DESCRIPTION Township 116 North, Range 21 West of the 5th Principal Meridian, sota described as follows: uthwest comer of said Section 7; thence North 1 degree 58 minutes 41 bearing along the west line of said Section 7, a distance of 1883.62 feet; ;s 43 minutes 21 seconds East a distance of 975.95 feet to the point of be described; thence continuing South 87 degrees 43 minutes 21 seconds )2 feet; thence easterly a distance of 167.63 feet, along a tangential curve tving a radius of 681.40 feet and a central angle of 14 degrees 05 minutes therly a distance of 112.78 feet, along a non - tangential curve concave to is of 214.00 feet, a central angle of 30 degrees 11 minutes 47 seconds and tth 0 degrees 47 minutes 50 seconds East; thence South 14 degrees 18 ,st, tangent to the last described curve, a distance of 170.79 feet; thence inutes 57 seconds West a distance of 69.00 feet; thence South 14 degrees West a distance of 312.89 feet; thence South 89 degrees 46 minutes 44 e of 198.43 feet; thence North 0 degrees 13 minutes 16 seconds West a to said point of beginning. A -3 WHEREAS, t the real estate interchange crc Hennepin County South 112 of ---Be 23JL293G DECLARATION OF COVENANT W I T N. E S S E ,T H: he City of Edina (the "Declarant") is the owner of which is located northeast of the 1- 494/TH 169 ssing the south fork of Nine Mile Creek, Edina, Minnesota, lea_ily described as jEast 1/2- of-,the 2I '{ WHEREAS, D clarant submitted.plans to the Nine Mile Creek Watershed bistr'ct (the I'District'l) and applied to the District for issuance of a grading and land alteration permit (the taPer- mit"); and WHEREAS, t e District issued Permit 89 -46 subject to certain conditions, inc siding but not limited to; a covenant be filed of record against he Property indicating that no`-fuer fill or encroachment wi 1 be allowed on the Property for future develop - ment below 832 can sea level; NOW, THERE ORE, Declarant hereby declares that the Property shall be held, ransferred, sold, conveyed, and occupied, subject to and together with the following covenant wthich shall run with the Property an be binding on all patties having any right, title or intere t in the Property or any part thereof, their heirs, successo s and assigns: Covenant. trict,no f authorized Property f level in a Lions of t dated Aucu IN ArITNESS this .e2 day DRAFTED BY: City of Edina 4801 West 50th S Edina, MN 55424 Unless authorized in writing by the Dis- rther fill or encroachment beyond that by Permit 89 -46 will be allowed on the r future development below 832 feet mean sea cordance with the current rules and regula- e District and plans and specifications 27? 1992. L the has hereunto set its hand 1992. CIT By Its And Its t i STATE OF MINNE TA) ss. COUNTY OF HE IN) On this o2_ h day of c lAQ1rY1 Z , 199a ' , before a Not ry ubl c, it 'n and for said CQ�uaty rsonal appeared and � Alas of the City of diva, to me personally known, being each by me duly sworn did ay that they are respectively the Mayor and Manager of the ity of Edina, the municipal corporation named'in the foregoing i strument; and that the seal affixed to said instrument is t e corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by uthority of its City Council and said Mayor and Manager acknowl dged said instrument to be the free act and defied of said municip 1 corporatton. ,A Ar-GISTEREb vok -A OFFICEOF THE REGISTRAR OF TITLES HENNEPIN cbuNTY, WNhESOTA DERTiFlED F4-LED-ON. WOV 5 JM2 i —AR OFT iL I is is I Declaration of f 4106462 L Space is Reserved for Recording Information) Minnesota Wetland Conservation Act Aons and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: City of Edina General Location of R placement: Sec. 7, Twp. 116N, Rge.21 W, County of Hennepin This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (Declaration) i made this 1A1% day of *, by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D. The Rep acement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota St tutes section 103G.222 et sea., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetla d, pursuant to Minnesota Rules 8420.0115. E. The Local F. All Unit (LGU) charged with approval of the Replacement Plan is t, whose address is Nine Mile Creek Watershed District, c/o Barr in this instrument to Minnesota Statutes and Rules are to the Statutes and Page t of 4 BWSR_Fornt_WCA_Replace ent_1l(Decl ResCov).doc (April 2003) Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declaran 's heirs, successors, and assigns: 1. The Dec] ant shall maintain a Replacement Wetland of the size and type specified in the replaceff tent plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan. 2. Declaran shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Repl cement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Wa er and Soil Resources may deem necessary to comply with the specifications for the Re lacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declaran represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents That he or she has obtained the consen of all other parties who may have an interest in the land on which the Replacement Wetland i or will be located to the creation of the restrictions and covenants herein, and that, all suc parties have agreed in writing to subordinate their interests to these restrictions and coven s, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and rovide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge th t this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to th required areas of native vegetative cover. In addition, the Declarant: Page 2 of BWSR_Form WCA_Replace nt_I1(Decl ResCov).doc (April 2003) (a) Shall subpart 2.13; with the applicable requirements of Minnesota Rules 8420.0540, (b) Shall, at Dec arant's cost, establish and maintain permanent vegetative cover on areas specified in the replacernent plan for native vegetative cover, including any necessary planting and replanting thereof, aid other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shalt not groe livestock on the areas specified in the replacement plan or; (e) Shall not pla any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Dec arant's cost, be responsible for weed control by complying with noxious weed control laws and er iergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Dec aration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland h been used to mitigate wetland losses under the Federal Water Pollution Control Act, ti e U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in 'ting. Such modification may include the release of land contained in the legal description above, if it is determined that non - wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non - wetland areas for establishment of pen-nanent vegetative cover. 9. This Declaration maybe enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. is Declaration must be recorded and proof of recording submitted to the Page 3 of 4 BWSR_Form WCA_Rcplace nt_ll(Decl_ResCov).doc (Apri12003) LGU or other Si>;nature, of authority in order to be valid. Signature of Declarink STATE OF MINNESOTA) ) ss. COUNTY OF Henne i ) This instrument was acknowledged before me on10e�S(date) by (name(s) of person(s). (Signature of No anal O DARLENE R. WAwN J. Y Ah0VbMlrvttgte ot (Title) 3 i OHO My commission expire S � Attachments: [X] Attac ent A (legal description) [X] Attac ent B (map or survey of Replacement Wetland) This instrument drafted y:City of Edina Page 4 of 4 BWSR_Form_WCA Rcplacemc t_II(Dec!_ResCov).doc (April 2003) Exhibit A: Replacement Wetland Legal Description: NE1/4 of the SWIM of the SE1 /4 of Section 7, Township 116 North, Range 21 West, Hennepin County, city of Edina, within the bounds of the Braemar Golf Course. P: U3\27kDO3UDD%343_Bracmar %xhibit A.doc Y N MML •� 1� , i N yry f ,gY fspa i jig, III y Y �Yi� IN �� a aril 1 9 , 1 1 t 1 � 1 \ 1 \ 1`X 11` i r r x t , , r r 1 , • Dil 1 1 r , 1 111 yW ?R V ......,.,....... yI. �Ni.Nfl.iM•1. Y. r` 1 , i 1 r 1 r � + r r + 1 1 + 1 1 + i i 1 , , � 1 1 , + 1 i + I , , � , 1 i 1 1 1 1 1 ( M1 (U Cl) I M 00 X 11` i r r x t , , r r 1 , • Dil 1 1 r , 1 111 yW ?R V ......,.,....... yI. �Ni.Nfl.iM•1. Y. 2270186 DEPARTMENT OF THE ARMY PERMIT Permit No. 89- 1389 -12 St. Paul Di trict Issuing Office U. S. 'AV C ri3s o NOTE: The term "you" and its de r1 tives, as used in this permit, means the permitted or any future transferee. The term "this office" refers to the appropriate district o division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office ting under the authority of the commanding officer. You are authorized to perform in accordance with the terms and conditions specified belgsv� a, , , A 2�i, ���.:.; .w. e! !rte W-P �� a cfA. ( P•t � �' rA . Project Description:- Y'ou are uthorized to place fill material into approximately 4.9 acres of wetland during the dev lopment of a 9 -hale regulation golf course within Braemar Park. The acreage of fill an the location of the fill areas are shown on Attachment E of the December 1990 Amendmen to the Department of the Army permit application, and as shown on the attached permit drawings and tables labeled 89- 1389 -12, pages l of 6 through 6 of 6. Project Locatio proj ct. involves filling wetlands along the South Fork of Nine Mile Creek in the south 1/2 of section 7, T116N, R21W, Hennepin County, Minnesota. Permit General Conditions: 1. The time limit for compief time to complete the authorized before the date is reached. 2. You must maintain the of this permit. You are not rel transfer to a third party in con or should you desire to abandc may require restoration of the 3. If you discover any pre permit, you must immediately to determine if the remains w ENG FORM 1721, Nov the work authorized ends on December 31 1994 . If you find that you need more vity, submit your request for a time extension to this office for consideration at least one month 1vity authorized by this permit in good condition and in conformance with the terms and conditions ved of this requirement if you abandon the permitted activity, although you may make a good faith lance with General Condition 4 below. Should you wish to cease to maintain the authorized activity it without a good faith transfer, you must obtain a modification of this permit from this office, which unknown historic or archaeological remains while accomplishing the activity authorized by this this office of what you have found. We will initiate the Federal and state coordination required a recovery effort or if the site is eligible for listing in the National Register of Historic Places. EDITION OF SEP 82 IS OBSOLETE uty Examiner of GGO i� 320 -330) 1 ft d• •' f 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. S. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions t this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow represents ' from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplish is accordance with the terms and conditions of your permit. Special Conditions: 1. The permittee must construct /create the compensatory mitigation sites as indicated on the permi tables and drawings, labeled pages Z of 6 through 6 of 6. The mitigation shall follo the plans described in Section 8 of the December 1990 amendment to the permit applica ion.... The permittee shall provide the Corps with detailed - construction plans for the mitigation work. Plans shall be shown at a 1 -inch — 50- foot or 1 -inch = 100 -f of scale. All mitigation work must be completed prior to, or concurrent with, the c nstruction of the golf course. 2. In order to mi imize the introduction of chemicals into waters /wetlands of the United States, the pe ittee shall grade all fill areas such that herbicides and other chemicals cannot readL y flow into adjacent waters /wetlands. Such grading may require the construction of b rms along these waters /wetlands. Also, the permittee shall establish a natural ve stative buffer, at least 15 feet wide, along all existing and created wetlands horde ing both the existing golf course areas to be altered as part of the new golf course c nstruction and along the edges of the golf course holes to be constructed. This be or vegetative buffer shall. be established in *all areas where the Special Conditions continued on Page 4. Further Congressional Authorities: ( ) Section 10 of the Rive (X) Section 404 of the Q ( ) Section 103 of the Ma 2. Limits of this a. This permit does not b. This permit does not Q This permit does not d. This permit does ou have been authorized to undertake the activity described above pursuant to: and Harbors Act of 1899 (33 U.S.C. 403). i Water Act (33 U.S.C. 1344). e Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). the need to obtain other Federal, state, or local authorizations required by law. any property rights or exclusive privileges. any injury to the property or rights of others. authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. l In issuing this permit, the Federal Government does not assume any liability for the following. a. Damages to the pe fled project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the pe fled project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the p blic interest. 2 C. Damages to persons, pro ty, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction efficiencies associated with the permitted work. C. Damage claims associat with any future modification, suspension, or revocation of this permit 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the inform tion you provided. 5. Reevaluation of Permit Decision. Ibis office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provi by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). C. Significant new inform a'on surfaccs which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a etermination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or a forcemeat procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide f the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you. fail to co ply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either 4 prompt completion of the authorized activity or a reevaluation of the public interest deeislon, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as This permit becomes effective RICHARD W. CRAIG Colonel, Corps of Engineers District Engineer When the structures or work conditions of this permit will 4 the associated liabilities associ (TRANSFERREE) indicates that ygtj accept and agree to comply with the terms and conditions of this permit. (DATE) the Federal official, designated to act for the Secretary of the Army, has signed below. AJ Q 2__- -- (DATE) orized by this permit are still in e:astence at the time the property is transferred, the terms and tue to be binding on the new owner(s) of the property. To validate the transfer of this permit and with compliance with its terms and conditions, have the transferee sign and date below. 3 (DATE) Special Conditions con (special condition 2 c topography slopes towa enter waters /wetlands. 3. The permitte savanna hills in the we attached map, are mains until this management 1 enhancement work may be Corps. from Page 2. inued) the water /wetlands such that applied chemicals could readily : shall develop a management plan that ensures that the 2 oak ;tern portion of Braemar Park, labeled as Parcels A and B on the ained as natural areas. No fill may be placed in the wetland Ian is reviewed and approved by the Corps. Future conservancy allowed in these areas upon prior notice and approval from the 4. The permittee s all execute a Covenant of Dedication on the area labeled Parcel C on the attached.map ithin Braemar Park which involves the remaining wetland in the southwest portion of t e Park. 5. The permittee shall maintain the remaining wetland, within the City of Edina, along the south property line of Braemar Park for conservancy use in accordance with the enclosed Covenant of D dication. This area is shown as Parcel C on the attached map. b. The permittee shall, survey and prepare a legal description of Parcels A and B for inclusion in the management plan and Parcel C for inclusion in the Covenant of Dedication. 7.' The permittee shall take the necessary actions to record this permit and Dedication of Covenant with the appropriate County Recorder or Registrar of Deeds responsible for maintaining records of title to, or interest in, real property. The permittee shall provide evidence to the Corps that the permit has been properly recorded.- 8. The permittee shall provide the Corps with an annual report, for 5 years, documenting the effectiveness of the mitigation work and the management activities in the oak savanna parcel . These reports shall include color photographs taken each year from the same vantage oint. 9. Erosion control measures such as silt Fences and straw bale dikes shall be installed prior to any construction activities, and will be maintained, until all exposed slopes are stabilized by mulch, vegetation or other protective covering. 10. Refer to the Standard Conditions enclosure; U i _: 9 111WmIliA 160 Aig§ Nowl VILMOMM. A 11". ;;;In to N6 i; evL".� WO 88 89- 1389 -12 permit page 2 of 6 i Y TABLE 4 ACREAGE OF WETLAND TY ES IMPACTED AT DISCHARGE SITES Wetland T e (Acres) Total Area of Discharge Open Wet Shrub Bottomland Impact Sites Water Meadow Swam Hardwood (Acres) D1 0.1 0.2 0.3 D2 0.1 0.1 D3 3.3 0.3 D4 0.5 0.5 DS 0.1 0 -1 D6 0.4 0.4 D7 0.1 0.2 1.3 1.6 D8 0.2 0,.6., 0.8 D9 0.2 0.2 0.1 0.5 D10 0.1 0.1 D11 0.1 0.1 0.2 TOTAL 1.0 1.1 1.0 1.8 4.9 88 89- 1389 -12 permit page 2 of 6 TABLE 5 ACREAGE OF COMPENSATORY MITIGATION BY LOCATION AND WETLAND TYPE N3 0.3 Wetiand Type (Acres) Mitigation Open Wet Shrub Bottomland Subtotal Area Water Meadow Swamp Hardwood (Acres) FL* 0.2 F2* N1* F3* 1.0 1.4 2.4 N2 1.8 4 ` 0-2 0.2 N3 0.3 N4 N6 0.3 N7 0.3 N8 0..2 0.4 FL* 0.2 F2* F3* 0.4 Subtotal 1.3 1.8 * Wetland restoration areas. • -0.5 0.3 1.4 0.6 0.8 3.6 8 -7 0.3 0.5 0.3 0,3 0.6 1.9 0.6 0.4 7.5 89- 1389 -12 permit page 3 of 6 • 12 N .A ID W rt 00 Oq W � m OD � I r O N O� • 'r 5 !1 OA[Eh t7 ttf t1 Ttt tt t!f t! OALEM r00 10 140 14,ir .n rifa SATIN 1t In r..�� ..•� y . •__� -�I ENeIkEEHINO CO. LEAENO [� vp".t. 00t. wAf EH • -• - -. SMAIEOw A.AAS- © WET ME,00w ® thFAM SWAN, 80rlOVAAhp ntiADw00p Mt10Atl0n AREAS +•. MUM 2 w ".. CITY OP INA Proposed Aetlons South Mhlgatkm Area MWHtpf!r,1M - and Oot! Hole Centerflnet ►..n. ►.0 er N lJ1 I llw 6AAE�°LY9 _ • yL �= rrur��w tiayr��� _ W-1 � F3 .t I A 100 100 SC.�tf n![Ci t. •w �EGfr+O f��1utAro i � �.if.�7 OriN wACEA i � wET MEAoow • � lw+v! lwAaW D soflo .w.00D 000 �Et j /ARC1Af 10h AREA! Flgura 3 Proposed Ac North M tioatlo ■11 (t Qj a b 1 OQ w 00 � 1 F•+ Q IQ �E Barr ' i' CITY OF'�dINA - &O. -aff & P-, SswnlaNy YhNI.I1 °" I A 100 100 SC.�tf n![Ci t. •w �EGfr+O f��1utAro i � �.if.�7 OriN wACEA i � wET MEAoow • � lw+v! lwAaW D soflo .w.00D 000 �Et j /ARC1Af 10h AREA! Flgura 3 Proposed Ac North M tioatlo ■11 I i r iJ IJ �1 3 I q t J I r 1 r 1 t r i i r iII i I f r r J I I I i �r t^ Ma --------------- -{ a - --• -_ r� r , J f . f r lCD _ e I .� is !++� r i r i - -- - - - --- --- .... - - -- -- .---- -#---- �- .�.--- -w..�- ter... + - I r • -' I I . r 1 I t c 1 � 1 r 1 J I r I I- oi � ti 1 r I r 1 i� r� - -- ---------------- w----- --� - -_ -------------------- 89- 1389 -12 permit page 6 of -6 Delineating Parcels A, B and C H M STATE OF MINNESOTA COUNTY OF HENNEPIN Covenant of Dedication The City of Edina, Minnesota acting by and for the City Council, now stipulates to the following statement of facts, and; the undersigned rther agrees to restrict the use and title of the realty described in Attachment A to this document (hereina ter referred. to - as Parcel C) in accordance with the terms and conditions set forth herein. Stipulations of Fact 1. That the City of Edina is a applicant for a Department of the Army permit, number CENCS-CO-R (89- 1389-12), to place fill mate_ 1 into wetlands adjacent to the South Fork of Nine Mile Creek during the construction of a 9 -hole golf urse within Braemar Park and; that the U.S. Army Corps of Engineers has regulatory jurisdiction of said wetlands pursuant to Section 404 of the Clean Water Act (33 USC 1344). 2. That the City of Edina is I the owner in fee of the real estate described as Parcel C. 3. That the City of Edina d the St. Paul Disirict of the U.S. Army Corps of Engineers have reached an agreement whereby the City f Edina will be permitted to discharge fill in the wetland in accordance with the terms and conditions of partment of the Army permit number CENCS -CO -R (89- 1389 -12), and; that in consideration for the pe 'ttee to place fill in said wetland, permittee is required to mitigate the adverse environmental effects resul ' g from the placement of fill material in said wetland. 4. That said mitigation requirement will be satisfied by the dedication of Parcel C for perpetual use as a conservancy area in accorda with the terms and conditions of this document. 5. That the above mentiot necessary to restrict the use of the County Recorder for 6. That a permit to place fi C for use as environmental i ENG FORM 1721, Nov 86 d dedication shall consist of the execution of this document by all parties ,nd title of Parcel C, and; that this document shall be recorded in the Office lennepin County, Minnesota. in the wetland would not have been granted but for the dedication of Parcel itigation. EDITION OF SEP a2 IS OBSOLETE (33 CFR 320 -330) 1 7. That the terms and conditions of this Covenant of Dedication shall, as of the date of execution of this document, bind the City of Edina to the extent of its legal and/or equitable interest in Parcel C and; that this Covenant shall run with the land and be binding on the City of Edina and its assigns forever. 8. That the terms and cond tions of this Covenant shall be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of Parcel C or any part thereof; and; that any instrument of transfer, conveyance, or encumbrance ecting all or any part" of Parcel C shall set forth the terms and conditions of this document either by reference to this documentoi set forth in full text. 9. A copy of the executed C .venant of Dedication must be provided to the U.S. Army Corps of Engineers prior to placement of any fill material in the wetland. DEED AND USE RESTItIC'I'IONS The City of Edina hereby warrants that it is the owner in fee ofthe realty described as Parcel C and; that Parcel C is hereby dedicated in perpetuity for use as a conservancy area. The City of Edina hereby 1. No dredged or fill m; CENCS -CO -R (89- 1389 -12). 2. No commercial, allowed or permitted in 3. No agricultural use i on Parcel C without written livestock shall be kept or gi 4. No lumbering, n written approval of the to restrict the use and title of Parcel C as €ollows: d will be placed in Parcel C except as provided pursuant to permit number ial, agricultural or residential developments, structures, or buildings shall be C without written approval of the Corps of Engineers. hg plowing, haying, or harvesting of any kind shall be allowed or conducted oval of the Corps of Engineers. No domestic cattle, horses, sheep, or other on Parcel C without written approval of the Corps of Engineers. draining, burning, or filling shall be allowed or conducted on Parcel C without of Engineers. 5. This Covenant of 'cation may be changed, modified or revoked only upon written approval of the District Engineer of the t. Paul District of the U.S. Army Corps of Engineers. To be effective, such approval must be witnessed, uthenticated, and recorded pursuant to the law of the State of Minnesota. 6. This Covenant is = e in perpetuity such that the present owner and its assigns forever shall be bound by the terms and cond tions set forth herein. City ofMina, I Mnnesota ` Subscribed and sworn to before me this of wn2, 1992. Notary Public Hennepin County, Minnesota My Commission expires -,�' _ f CAN= L h1WN1EM CCKJ My CMMMSM MOnFM 4&W ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 320 -330) 3 ATTACHMENT A Lijal description of the wetl ad area to be dedicated pursuant to permit nunibor CENCS-CO..RI(89-1389- Ai'aemar conservation easement located in section 7, Township 116 North, Rerjge 21 West,. Hennepin County, Nfinnesota, descnl)ed as follows: PARCEL C: Commencing at the southwest corner of section 7, Township. 116,. Range 21; thence. East along the South line of section 7 on an assumed bean"n--g.'bf-'South 89' degrees 50 minutes 08 seconds East 2527.09 feet to the South 1/4 comer of said section 7 and point of beginning of Parcel "C"; thence North 0 degrees 26 minutes 56 seconds East 825-00 feet; thence North 88 degrees 50 minutes 08 seconds West 350.00 feet; thence South 67 degrees 53 minutes 41 seconds West 1190 feet; thence South 23 degrees 15 minutes 10 seconds West 200.00 feet; thence South 49 degrees 04 minutes 29 seconds East 265.00 feet to the South line of section 7-, thence South 88 degrees 50 mmutes 08 seconds East along the S6uth line of said section 7, 1325 feet to the South 1/4 of section 7 and there terminating. Said Parcel "C' contains 21.59 acres. A j 22'70186 9. €wTrwrm Y04I A. �U53J�S OFFICE OF THE REGISTRAR I!S C_ OF TITLfg : s jjIDf EPIN.COUNTY; MINNESOTA CERTIFIED FILED ON E OF TITLES ;�1! DENTY PLAT SYSTEM SERVICES, INC. THIS IS NOT A LEGALLY RECORDED MAP. IT REPRE. 75 150 300 _- 12450 WAYZATA BLVD. # I08 SENTSACOMPILAT ONOF INFORMATION AND DATA MINNETONKA, MN 55305 FROM CITY COUNTY AND STATE ROAD AUTH ORI _ TIES AND OTHER SOURCES. ScAibsooPSe7=i fl STORM SEWER DISTRICT BOUNDARY r w SCHOOL DISTRICT RIB BOUNDARY N X/2 mw • Q 7 T 40 116 R • ,1 ................. INCREMENT BOUNDARY 22 �1 +♦♦ 12 �� 11 q\j 4 , i , .xI , ai-i . • s 1 z wo i 1 BELMAR x 3 K,3m"IW ND UST RItiA° 6 ACRES ,✓ , � i{ s ' ! , � e � l 3 r – m :.. o+ A9fCLI w oP�p 'O *k, p oewA ML ' � SI ° �o ,:fioM e � O '� ! l � 1 - , �wimKl , r >� ••� I °i:ne�un . J wn m tt mn t mxs w M °^�- Y.L: l `i , ' TIAA o« m t m� n 1 • �� �i '- - -"- i i *' �, a '� ,c r[u woo.. 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WK TER"' L 8 No 12416 m w \ r c � t ,,.mob s ' r, I ' �I 14 i I 2 , = _ " !• _ - - - - -- I j P 23 24 13 O i4 REVISEDJUNE, 2003 __ ___ ___ _ T - .�._•_._._ ------------ _._- _- ----------------- 1 1 ----------------------------------------------------- _. _.qti._._._._._._._. -__. ! , 1 L i 4 ? . ... -------- _.................. _._.--------------- I ._ _ _ _ _._._._ - ._ _ _ _._._._._._._._ _ _ _._._._._._._ _.___ ____.._._._._._.- ._._._._ _._.__._ _._._._ _ ._._ C i i 1 I it - i N i I I j 11 -1 i I I 1 .r 1 S I 1 I i I t 1 ----------- i - - -- - - - -- - - -t'` p I 1 iil � 1 — _ S to a t 1 i - . !_- 1 i 43 44 REVISED DECEMBER, 1999