HomeMy WebLinkAbout3302(Reserved for recording information)
CONSERVATION EASEMENT
INSTRUMENT made this o7 I day of Fe
between nipt41A M4k4a41% , a P ropc47 Ownor'
CITY OF EDINA, a Minnesota municipal corporation ("City").
WITNESSETH:
, 20 3, by and
("Grantor"), and the
The Grantor, in consideration of approval of One Dollar ($1.00) and other good and
valuable consideration paid by the City, the receipt and sufficiency of which is hereby
acknowledged, hereby creates and grants unto the City a permanent conservation easement for the
purposes set forth in this instrument, over, under, and across the premises legally described on the
attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Easement Premises") to
preserve the existing natural and scenic character of the area.
1. Scope of Easement. Grantor for itself, its successors, and assigns, understands and
agrees that the following are prohibited in perpetuity on the Easement Premises:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, clothesline poles, and playground equipment,
except as allowed or required under any drainage and utility easements located within the
Easement Premises. One stairway path for the sole purpose of lake access could be
constructed. No deck or observation area may be attached to the stair.
B. Cutting or removing trees or other vegetation, except for (i) noxious weed or
invasive species control, (ii) diseased or public hazard trees, or (iii) deceased trees.
C. Excavation or filling or material alteration of grade.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
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F. Outside storage of any kind.
G. Disturbance of steep slopes.
H. Manicured lawns.
I. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. Exceptions. Grantor for itself, its successors and assigns, further grants the City the
affirmative right, but not the obligation to do the following on the Easement Premises: Enter upon
the Easement Premises at any time to enforce compliance with the terms of this instrument.
3. Warranty of Title. The Grantor warrants that it is the owner of the property as
described on Exhibit "A" and has the right, title and capacity to convey to the City the Conservation
Easement herein.
4. Environmental Matters. The City shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the Easement Premises or property prior to the date of this instrument.
5. Release. Grantor hereby remises, releases, acquits and forever discharges, forever,
the City and any and all of its officers and employees of and from any and all claims, demands or
causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any
flowage or trespass with water over and upon any or all of the Easement Premises within the terms
of this Agreement.
6. No Public Interest. Nothing contained herein shall be construed as creating any
use rights in the general public or as dedicating for public use any portion of the Easement
Premises.
7. Binding Effect; Enforceability. The terms and conditions of this instrument shall
run with the land and be binding on the Grantor, and Grantor's successors and assigns. This
Conservation Easement is enforceable by the City of Edina acting through its City Council.
8. Amendment. This Agreement may be amended, modified or released by an
instrument signed by the City and the Grantor, or its respective successors and assigns in interest
to the Easement Premises.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day
and year set forth above.
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GRANTOR:
Ake,04-,1;6fririe4 tzc
By: 49464,(jul ACM41.1A_
7 14'
The foregoing instrument was acknowledged before me this day of
r iort,t(br , 20 2 3 by b;pencluflIethetsetti the v w Ne r
of r-Li Dretc.61 1-/fi yne , a LLC , on behalf of said entity.
'14t aLtle_ F. *2(3)
Notary Public
MICHELE F HOCH
Notary Public - Minnesota
My Commission Expires Jan. 31, 2027
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224604v1
Its: ,(12&
STATE OF MINNESOTA )
COUNTY OF _._lAri- )
)ss.
i
CITY OF
And
Scott H. Neal, City Manager
(SEAL)
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 2 I St day of
\--601/1/10 I/1r , 2023, by James B. Hovland and by Scott H. Neal, respectively the
Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
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Notary Public
ELIZABETH KELLY OLSON
Notary Public
State of Minnesota
My Commission Expires
January 31,2028
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
224604v1
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EXHIBIT "A"
TO
CONSERVATION EASEMENT
Easement Premises Description
A Conservation Easement over, under and across that part of Lots 1 and 2, Block 1, MAHASETH ADDITION,
Hennepin County, Minnesota lying westerly of the Ordinary High Water line of Arrowhead Lake and easterly of
the following described line:
Commencing at the most westerly corner of Lot 1, Block 1, MAHASETH ADDITION; thence South 53 degrees
00 minutes 50 seconds East an assumed bearing along the southwesterly line of said Lot 1 a distance of
95.96 feet to the point of beginning of the Conservation Easement to be described; thence North 88
degrees 00 minutes 32 seconds East 26.90 feet; thence North 23 degrees 08 minutes 05 seconds East
23.00 feet; thence North 63 degrees 26 minutes 45 seconds East 8.11 feet; thence South 68 degrees 49
minutes 59 seconds East 20.01 feet; thence North 44 degrees 48 minutes 56 seconds East 14.09 feet;
thence North 12 degrees 05 minutes 10 seconds East 45.21 feet; thence North 41 degrees 41 minutes 36
seconds East 18.55 feet; thence North 10 degrees 57 minutes 58 seconds East 9.17 feet; thence North 32
degrees 56 minutes 12 seconds West 8.99 feet; thence North 33 degrees 54 minutes 45 seconds East
13.27 feet, more or less, to the easterly line of Lot 2, Block 1, MAHASETH ADDITION and there terminating.
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EXHIBIT "B" TO CONSERVATION EASEMENT
Ihr HARRY S. JOHNSON
CA LAND SURVEYORS
9063 Lyndale Ave. So. Bloomington, MN. 55420 phone: 952-884-5341 fax: 952-884-5344
Conservation Easement
for
MAHASETH ADDITION
LINE TABLE
LINE LENGTH BEARING
L1 95.96 N53'00'50"W
L2 26.90 S88'00'32"W
L3 23.00 S23'08'05uW
L4 8.11 . S63'26'45"W
L5 20.01 N68'49'59"W
L6 14.09 S44'48'56"W
L7 45.21 S12'05'10"W
L8 18.55 S41'41'36"W
L9 9.17 S10'57'58"W
L10 8.99 S32'56'12"E
L11 13.27 S33'54'45" W
V
7 7
\)\- 7 \ c,\''' 4`' 7 EASTERLY LINE OF
\ /-- LOT 1, BLOCK 1,
,,/ MAHASETH ADDITION
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,...‘N') \ 'r //OD 114'/G) /
,-,V /7'/O
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OHWL
ELEV.
-- \
\
FOR ARROWHEAD LAKE
= 875,8 (NGVD 29)
= 875.99 (NAVD 88)
LOT 1
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ST
1
W
B
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CORNER OF
MAHASETH
1--
ADDITION McCAULEY HEIGHTS 5TH ADDITION
A Conservation Easement over, under and across that part of Lots 1 and 2, Block 1, MAHASETH ADDITION,
Hennepin County, Minnesota lying westerly of the Ordinary High Water line of Arrowhead Lake and easterly of
the following described line:
Commencing at the most westerly corner of Lot 1, Block 1, MAHASETH ADDITION; thence South 53 degrees
00 minutes 50 seconds East an assumed bearing along the southwesterly line of said Lot 1 a distance of
95.96 feet to the point of, beginning of the Conservation Easement to be described; thence North 88
degrees 00 minutes 32 seconds East 26.90 feet; thence North 23 degrees 08 minutes 05 seconds East
23.00 feet; thence North 63 degrees 26 minutes 45 seconds East 8.11 feet; thence South 68 degrees 49
minutes 59 seconds East 20.01 feet; thence North 44 degrees 48 minutes 56 seconds East 14.09 feet;
thence North 12 degrees 05 minutes 10 seconds East 45.21 feet; thence North 41 degrees 41 minutes 36
seconds East 18.55 feet; thence North 10 degrees 57 minutes 58 seconds East 9.17 feet; thence North 32
degrees 56 minutes 12 seconds West 8.99 feet; thence North 33 degrees 54 minutes 45 seconds East
13.27 feet, more or less, to the easterly line of Lot 2, Block 1, MAHASETH ADDITION and there terminating.
• •
O
1. Bearings shown based on the plat of MAHASETH ADDITION.
• •
CONSERVATION EASEMENT
I hereby certify that this survey, plan or report was prepared by me
or under my direct supervision and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
General Notes:
Date. January 19. 2023
Thomas /E. Hodorff, L. S. / /MN Reg. No. 23677
SCALE: 1" = 100'
HSJ WO: 2022259.DWG
The foregoing instrument was cknowledged before me this 5 f‘, day of
FeJeack 2023, by Ateit_t- , the COO of
CCM FinarTe, LLC, a Minnesota Limited Liability Company, •n its behalf.
MORTGAGE HOLDER CONSENT
TO CONSERVATION EASEMENT
The undersigned Mortgagee of the real estate described in the attached instrument pursuant
to the Mortgage recorded as Document No. 11124470 in the office of the County Recorder of
Hennepin County, hereby joins in and consents to all of the terms and provisions contained in the
attached Easement. The undersigned Mortgagee further agrees that its interest in the property
covered by the Mortgage is subject to this Easement and to all of the terms and provisions
contained in it and agrees that if the Mortgagee forecloses its mortgage(s) on the property, or takes
a deed in lieu of foreclosure, the Mortgagee will take title subject to the Easement.
Dated this 6,41, day of February, 2023.
STATE OF MINNESOTA )
)ss.
COUNTY OF /44v/et )
MARK ROBERT SCOTT
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2024
NO ARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
224604v1