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Home My WebLink About2158.1 CONSERVATION RESTRICTION (Natural Condition) Z t 58 THIS INDENTURE, Made this day of o_k4er , 1980, between EDINA PLACE, INC., a Minnesota Corporation (hereinafter called "Owner, "), 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 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 Area "). TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to Edina, its successors and assigns, Forever. And Owner, for Owner and Owner's heirs, representatives, successors and assigns, covenants with Edina, its successors and assigns, that it is well seized in fee of the Easement Area, and has good right to convey the interests therein pursuant hereto, and that the Easement Area is free from all encumbrances, except real No delinquent taxes and transfer entered DEPARTMENT OF PROPERTY TAXATION HENNEPIN COUNTY MINN NOV 17 W WOR 1i MKRTY OF WAIN t3Y DEPUTY. TMs certt to does not relate fG 01 cwrCnt "silt f& which may or may not be paid estate taxes and installments of special assessments pay- able therewith which are not delinquent. And the Easement Area, in the quiet and peaceable possession of Edina, its successors and assigns, for the purposes hereby granted against all persons lawfully claiming or to claim the whole or any part thereof, subject to the encumbrances hereinbefore mentioned, Owner will warrant and defend. The purpose of this Conservation Restriction is to assure that the Easement Area shall at all times: (i) . remain in its present natural condition; and (ii) constitute scenic surroundings. To accomplish this purpose, Owner, for Owner and Owner's heirs, representatives, successors and assigns, does hereby covenant and agree that: 1. No buildings, roads, signs, billboards or other advertising of any kind, and no utilities or other structures of any kind shall be hereafter erected or placed on or above any part of the Easement Area without the express prior written approval of Edina. 2. No soil or other substance or material shall be dumped or placed as landfill on the Easement Area Without the express prior written approval of Edina. 3. No trash, waste or unsightly or offensive materials shall be dumped or placed on the Easement Area. 4. No trees, shrubs or other vegetation shall be removed from the Easement Area without the express prior written approval of Edina. 5. No loam, peat, gravel, soil, rock or other material substance shall be excavated, dredged or removed -2- from the Easement Area without the express prior written approval of Edina. 6. No activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat preservation or other acts or uses detrimental to the Easement Area as a natural and scenic open or wooded space, shall be conducted or permitted to be conducted on the Easement Area. 7. No surface use shall be made of the Easement Area except for purposes consistent with the maintenance of the Easement Area in its natural open or wooded condition without the express prior written approval of Edina. 8. The Easement Area shall be maintained at all times by Owner, Owner's heirs, representatives, successors and assigns, in full compliance with all applicable ordinances of Edina now or hereinafter enacted and in full compliance with the provisions of this Conservation Restriction. 9. 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. 10. The rights and remedies given by Minnesota Statutes S 84.65 shall be available to Edina. Also, if there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this Conservation Restriction, Edina may -3- prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term# . covenant or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, or, if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, shall be payable by Owner, Owner's heirs, representatives, successors and assigns, on demand made by Edina, its successors and assigns, and Owner, Owner's heirs, representatives, successors and assigns shall also pay all costs of collection thereof, including attorneys' fees, with interest thereon as above provided, if payment is not made on demand, whether or not suit be brought. In addition to other remedies then available for collection of such costs and interest, Edina may charge such costs and interest against the Easement Area and any other property then included in the same tax parcel 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 -4- charged. If such charges are not paid, the whole of such tax parcel may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 11. Anything herein to the contrary notwithstanding, it is understood and agreed by owner and Edina that: a. Edina may, and shall have the right to, construct, reconstruct, operate and maintain upon such part or parts of the Easement Area as shall hereafter be described in any easement, deed or other conveyance in favor of Edina, a public road and public utilities, and the exercise of such right by Edina shall not be, or be deemed to be, a violation or breach by Owner or Edina of any term, covenant or condition of this Conservation Restriction; and b. This Conservation Restriction', and all of the terms, covenants and conditions hereof, shall cease and terminate without further act or deed of Owner or Edina or any other person, as to such portions of the Easement Area as Edina, from time to time, shall become the record fee owner. 12. 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 owner of -5- the Easement Area, and may be released at any time by the sole act of Edina. IN TESTIMONY WHEREOF, Owner has caused these presents to be executed the day and year first above written. CITY OF And- it EDINA PLACE, INC. And I s This instrument is exempt from State Deed Tax. STATE OF MINNESOTA ) • SS COUNTY OF HENNEPIN ) ;,The foregoing instrument was acknowledged before me this 2.9 day of 0C*)6e_r , 1980, by the , and �e�1 o d ,- t vl'ro of Edina Place, Inc., a Minnes.Qrta Corporation, on behalf of the corporation. {'j z STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before Xne this F-D day of M 00 m ec- , 1980, b :T the and ,V the Of City of E ina, a Minnesota municipal corpo ation, n behalf of the corporation. CRAIG L. U%RS ,4 NOTARY PUBLIC - NIINriESOTA HENNEPIN' COt)NfY My Commission Expires Sept 15.1934 OMER And I s This instrument is exempt from State Deed Tax. STATE OF MINNESOTA ) • SS COUNTY OF HENNEPIN ) ;,The foregoing instrument was acknowledged before me this 2.9 day of 0C*)6e_r , 1980, by the , and �e�1 o d ,- t vl'ro of Edina Place, Inc., a Minnes.Qrta Corporation, on behalf of the corporation. {'j z STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before Xne this F-D day of M 00 m ec- , 1980, b :T the and ,V the Of City of E ina, a Minnesota municipal corpo ation, n behalf of the corporation. CRAIG L. U%RS ,4 NOTARY PUBLIC - NIINriESOTA HENNEPIN' COt)NfY My Commission Expires Sept 15.1934 r M1' 4 EXHIBIT A Outlots A and B, Martens lst Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. - li 1405109 -2 ww*-Am VOL -z- I T8 IHil kECiSTRA OF TIT', s HENNEPIN COUNTY, [,,-,iNNESOTA CERTIFIED FILED ON NOV 2 6 1980_ 3F TITLES DERUS% NO FEE REQUIRED