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HomeMy WebLinkAbout2187rte- . r . / 9 -� 4754623 CONSERVATION RESTRICTION (Natural Condition) THIS INDENTURE, Made this 26th day of July 1982, between Oak Ridge of Edina Limited (hereinafter Partnership 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 "). rn1T'N 7Y1 �.. ES SETH. 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 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 Ca1r d "Ea: ip - ., -- j . 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 ehe Easement Area is free from all encumbrances, except real estate taxes and installments of special assessments payable therewith which are not yet due. 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; (ii) constitute scenic surroundings; and (iii) constitute a suitable habitat for fish and 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, roads, signs, billboards or other advertising of-any kind, anti 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. -2- O 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 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 or as a fish and wildlife habitat, 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 al.l applicable -3- 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 § 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 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 conuicion 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 -4- � z 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 § 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 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 conuicion 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 -4- 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 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. 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 he amended or modified at any time and from time to time by the sole act of Edina and the then owner of the Easement Area, and may be released at any time by the sole act of Edina. -5- IN TES`1'IMONY WHEREOF, Owner has caused these presents to be executed the day and year first above written. Oak Ridge of Edina Limited Partnership A �F000 `. • Michael A. Hal e Zener94LXart r PV: Charles E. Wendle, General Partner OWNER This instrument is exempt from State Deed Tax. STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 26th day of July , 19 82 , by Michael A. Halley X =O[Xxxxxxxxxxxxxxxxx and Charles E. Wendle , the General Partners of Oak Ridge of Edina Yxmx Limited Partnership, NXo o=xtxkam;K on behalf of the B3Xpzx3%$J0Xxx partners TA a f Cv:"\!, i Y 7-6 ar bilC • c.ar w, ;ssicr [xpire Jura: 1, 1903 tt+'tt#iFEIF.*1tM3 +3rYdJ�9w 9c�di J 1l1.L 5S COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by `� I�►pt�! ��., wed 'fri(��f�- �la�' yam• � �r,+� k„ ` `• Y �' 1�•il BY> G rnrf�c #rta ' DEPUTy�I�Z. r1Ld 0� rrgu rrat bB "Id ��• I EXHIBIT A Description of Conservation Easement Across Lots 1, 2 and 3, Block 1, OAK RIDGE OF EDINA All that part of Lots 1, 2 and 3, Block 1, OAK RIDGE OF EDINA, which lies westerly of the following described line: Beginning at a point on the south lire of said Lot 3 distant 151.00 feet east from the southwest corner of said Lot 3; thence northeasterly to a point on the north line of said Lot 3 distant 223.00 feet east from the northwest corner of said Lot 3; thence northeasterly to a point on the north line of said Lot 2 distant 277.00 feet east from the northwest corner of said Lot 2; thence northwesterly to a point on the north line of said Lot 1 distant 246.00 feet east from the north- west corner of said Lot 1, and there terminating. i4v lq-62 4 6 FEE REQUIRED, UP 138Z NOY 19 PM 3:46 47540kod .11ECORM AGREEMENT 4750,17 Agreement made as of this _'T day of , 198A, by and among Elaine S. Clay, widow and not remarried, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS, Elaine S. Clay ( "Clay ") and Oak Ridge of Edina ( "Oak Ridge ") are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of record in the office of the County Recorder in and for said Hennepin County as Document Number 3222041, which aforementioned Declaration was granted for the exclusive benefit of Edina and was and is enforceable solely by Edina for the reason hereinafter set forth in the following recital; and WHEREAS, Edina's interest in requiring the above - described Declaration to be executed and filed for record binding the then fee owner, and any successors in interest in the said i� 1f. lands described in said Exhibit A, as well as binding the land itself, was only to make provision for the total payment in the future of that portion of the amount of a special assessment for a trunk sanitary sewer which was deferred, when and if the aforementioned tract of land subject to the original assessment was ever subdivided in the future; and WHEREAS, the lands described in said aforementioned Exhibit A have contemporaneously with the execution of this Agreement been subdivided in accordance with Edina's requirements now thereby requiring the payment of the remainder of the full original assessment for trunk sanitary sewer, which amount as hereinafter specified, when paid, will thereby satisfy fully the sole intent and purpose of the aforementioned Declaration and its covenant and restriction; and WHEREAS, the parties hereto are therefore desirous and willing to terminate, release, and discharge forever the aforementioned Declaration and the covenant and restriction contained therein in order that that Declaration shall no longer be binding upon the fee owners and their heirs, successors, representatives and assigns of said lands described in Exhibit A, and no longer run with and be binding upon said described tract of land; NOW, THEREFORE, it is agreed as follows: 1. Payment of Full Original Assessment for Trunk Sanitary Sewer. The sum of $877.50, herewith paid, receipt and sufficiency of which is hereby acknowledged by Edina, is paid -2- V. in order that there is effective as of the date hereof a full and complete payment of all sums due for the trunk sanitary sewer for services to the lands described in said aforementioned Exhibit A. 2. Termination, Release and Discharge of Declaration. Effective as of the date hereof, the Declaration dated April 28, 1959 and filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on February 29, 1960, as Document Number 3222041, a = = -;a copy of which is attached hereto as said Exhibit B, is hereby forever terminated, released and discharged, it no longer being of any further force and effect. 3. Acknowledgement of Subdivision of Lands. The parties hereto further acknowledge and agree that effective as of the date hereof, the lands described in said aforementioned Exhibit A have been subdivided and platted in accordance with the requirements of Edina relating thereto and said subdivided lots in the plat entitled "Oakridge of Edina" may each hereafter be improved and constructed upon in accordance with the building requirements of Edina then in force and effect. 4. Heirs, Successors and Assigns. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, this agreement executed effective as of the day and year first above written: -3- Elaine S. Clay OAK RIDGE OF EDINA By Michael A. Halle , eneral rtner CITY OF EDINA By Its Mayor And Its City Manager STATE OF MINNESOTA ) COUNTY OF H22232== ) RThe foregoin instrument was acknowledged before me this day of 198, by Elaine S. Clay, a widow and not remarried, being a single person at this time. Q mht j Not ry Public NOTARY STATE OF MINNESOTA ) "' c C nTn }} a�2� S�1cLCGD C'`t STY ' ss. d `�+1•.' My Commi c,)n L;� COUNTY OF HENNEPIN The foreg i g instrument was acknowledged before me this ,day of , 198_C-by Michael A. Halley, general partner of Oa 1.dge of Edina a limi ed partnership, for and on behalf of the limited prship. THOMAS P. STOLTMAN N VARY Pusue - 1iA1 to 'a HENNEPIN COUNTY Nor Oe��► N°'�' �ql � -4- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me 1374day of -sky 1987---by C. Wayne Courtney, of C ty of Edina, tind by Kenneth E. Rosland, City Manager City of Edina, a municipal corporation, for and behalf of municipal corporation. Zia *r CRAIG L. LARSEhi !� �'• NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY ..• M Commis s, on ExpireS Sept. 15, 1984 THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4434 IDS Center Mihneapolis, Mihneaot& 554102 -5- this Mayor of the EXHIBIT A That part of Government Lot 3, in Section 4, Township 116, North Range 21, West of the 5th Principal meridian described as follows: Commencing at a point on the East line of said Government Lot 3 in said Section 4, Township 116, Range 21, which point is distant 730 feet South of the Northeast corner of said Government Lot 3; thence South along the East line of said Government Lot 3 distant 150 feet; thence West parallel with the North line of said Government Lot 3 a distance of 987 feet; thence North parallel to the East line of said lot a distance of 150 feet; thence East parallel with the North line of said Government Lot 3, 987 feet to the point of beginning, except the East 317 feet of the South 150 feet of the Ncrtr: 860 feet of the East 987 feet of the South half of Section 4, Township 116 North, Range 21 West of the 5th Principal Meridian. and That part of Government Lot 3, Section 4, Tov•nship 116 North, Range 21, West of the 5th Principal Peridian described as follows: Beginning at a point in the East line of Government Lot 3, Section 4, which point is 580 feet South of the Northeast corner of said Lot 3; thence South along the East line of said Lot a distance of 150 feet; thence West parallel with the North line of said Government Lot 3, a distance of 987 feet; thence North parallel with the East line of said Lot 3, a distance of 150 feet; thence East 987 feet to the point of beginning, except the East 317 feet of the North 150 feet of the South 300 feet of the North 880 feet of the East 987 feet of the South half of Section 4, Township 116, Range 21, Hennepin County, Minnesota, also described as the East 317 feet of that part of Government Lot 3 in Section 4, Township 116 North, Range 21 West, Hennepin County, Minnesota, described- as follows: beginning at a point on the East line of Government Lot 3 in saic Section 4, which point is distant 580 feet South o: the Northeast corner of said Government Lot 3; thence South alone the Eas_ line of said Lot a distance of 150 feet; thence West parallel with the North line of said Government Lot 3 a distance of 967 feet; thence North parallel with the East line of said Lot 3 a distance of 150 feet; thence East 987 feet to the point of beginning. EXHIBIT B Ai i2247 ,a 420 3222 1 somotines hereinafter called the "Declarants" we the too ownwsrs of the 1011601144 described property situate is the Village of Edina. Cewnty of Noonspta, State of Minnesota. legally described M follow, to -vit: i e v West $70 ft of tut 987 ft of South 130 ft of North 730 ft of Coot. Lot 3 See. 4- 116 -21 Parcel #ISM WHEREAS, said property has been, or will be tapreved by the sonstruction of only one residence thoreon, to accordance with the provisions of COthe warranty Deeds transferring the property from farm use to residential use,: lot wNtRtAS, the Village of idlaa has constructed a trunk sanitary Q0 sewer to service the above described and other property, WHEREAS, the Village of tdtas is willing to assess the coat of the installation of said trunk sanitary newer on the basis that only one residence � may be constructed on each tract of land or lot at $ 673.00 rather than 5 = 1.552.50 which vas computed an total acres". Ca NOW. THERZVM, is consideration of the Village of tdina "sass - CAC CAC Lag the above described property on s tract or lot basis rather than on a treat -toot basis and in further coasid6ratLoa of One Dollar ($1.00) sod other Nand and valuable consideration, the receipt and sufficiency of which are hereby ackwwlsdpd by said Declarants, said Declarants do hereby lapse upon the O above described property the following covenant s d restriction: C 1. The above described property shall not N improved by the . comatrwetion of another residence thereon except tot the ceastrutsiea of a restdeacs built to replace the existing residence so that at sus time shell said property be tuproved by more than one residents thereon. 2. This covenant and restriction shall run with the land she" described and shall be binding Won the heirs. rapre"statives sod "sips of asid Doolaraato for a period of thirty (30) years from the date thereof. J. This covenant and restricttes Nall be for the beanftt of the Villas of .dins and the village of gdtea *ball base the right to a dmao the ear in low or is .gutsy amd @bail sot N obligated at MW tim dmrtag the i e v a� m C'= C.2 tare em.a no ax tmx a� U!7 w421 existawe of tki s ovvanaet sat restrtatim to laws a betUMM :fig be aald &i4m described property for tbs eosetrwcciaa of 4wo R" dm. thatwa ears sad except far. the coaetvation wi & See reei"Ws to "*&am@ Um &Rlatlag rosidesee on said propom. If the property ds&e sot am bon a s'MlMee6 tboa the village of Was will tame a petott tar only am rwtdwa. ♦. If Dmclaraats wish, is the futwre, to subdivide this property In accordance with Village platting requireeete. the Village of adios reserves the right to levy the balance of the original aooesswat at 075.00 par &ere against this property. IN tiSiDMy VNg=W, Voclareat• bow hereunto set tMir beak this day of �nda to presence Of: STATE Of KIINKSOTA) )SS COMA I OF NoNSnN) On this 1 I day of _ T •_ -19S!. before r. • Notary public within sod for said County, personally Moaned l r. zc � —1 to to known to be the persons described r in and who executed the foregoing instrument, and &akm wledged that they executed the saw as their free act and deed. ,4ti!!al Real) .�M+6iY t.MaMYt. • Mp ::o.MmiwM14VMM F W, I - f59:m1(- Tilod Yer raeerd on the 29 day of f eb A.D. 1960 at 1830 e'eieok A.Y. am CQ9 ACS cgs r, aea cse ca C.a bad mc 2m ME cm n 1%'af o® Otntr of Minnesota OOUNTY OF HENNEPIN 3 OFFICE OF County Recorder I, R. DAN CARLSON, County Recorder, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of _ DECLp.RATION with the record thereof as recorded in my office, in Book 2247 of Deeds page 420 and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said record is required by Iaw to be kept. In Witness Whereof I have hereunto set my hand and official seal this 22nd day of December A. D. 19 81 R. DAN CARLSON County Recorder County of Hennepin, State of Minnesota By Deputy L`- GEE P RTIFIED CO OF DECLARAT ON 0 L t.ri%SLNN CCU% i Y. Sol., cr A r Irf-w' Fit "r tv) o; 1981 NOV 9 AN 8:25 f.S DC01MINT #47WOV 0 FEE ('()U NTH' RECORDER IIENNE,PIN COUNTY, MINNESOTA HC 1002 R.D. �I CONSERVATION RESTRICTION (Natural Condition) THIS INDENTURE, Made this 2nd day of March Elaine S. Clay, a widow; and-Barry M. 1982, between Willmert and Joanne C. Willmert,thereinafter Husbana ana wi e respec ive y, 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 "). GIT"IW cCCE'mu. That Owner, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acktfbwledged, 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 .F va 3 in fee of the Easement Ares, and has good right to convey the interests therein pursuant hereto, and that the Easement Area is free from all encumbrances, except real estate taxes and installments of special assessments payable therewith which are not yet due. 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'o'f this Conservation Restriction is i to assure that the Easement 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 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, 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. -2- 3. No trash, waste or unsightly or offensive mttA ,-dials shall be dumped or placed on the Easement Area. 4. No trees, shrubs or other vegetation shall be rk °+wr,ved from the Easement Area without the express prior w.At -ten approval of Edina. 5. 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. 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 or as a fish and wildlife habitat, 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 -3- i e ordinances of Edina now or hereinafter enacted and in full compliance with the provisions -of this Conservation Restriction. 9. This Conservation Restriction shall not raj #gate 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 G 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 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 Tade by -4- 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 r.c 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 inLih e 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 charged. If such charges are not paid, the whole of such tax parcel may be sold and conveyed in the same manner as i lands forfeited for nonpayment of real estate taxes are sold and conveyed. 11. 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 he amended or modified at any time and from time to time by the sole act of Edina and the then owner of the Easement Urea, and may be released at any time by the sole act of Edina. -5- i IN TESTIMONY i,HEREOF, Owner has caused these px °esents to be executed the day and year first above r wr.:itten. Elaine S. Clay , This instrument is exempt from State Deed Tax. i STATE OF MINNESOTA) MCke08 ) ss COUNTY OF ) Th foregoing 'nstr ent was acknowledged before me this �Z_ day of 1982, by Elaine S. Clay, a widow. Notary Public NOT/ 'e J—L C - NI ^;PJ =SOTA o COU'U jai �y STATE OF MINNESOTA) ) ss COUNTY OF W --eO& ) The foreoin inst ument was acknowledged before me this r day of , 1982, by Barry N °. Willmert and Joanne C. Willmert husband and wife respectively. r EXHIBIT A Description of Conservation Easement Across Lots 1, 2 and 3, Block 1, OAK RIDGE OF EDINA All that part of Lots 1, 2 and 3, Block 1, OAK RIDGE OF EDINA, which lies westerly of the following described line: Beginning at a point on the south line of said Lot 3 distant 151.00 feet east from the southwest corner of said Lot 3; thence northeasterly to a point on the north tine of said Lot 3 distant 223.00 feet east from the northwest corner of said Lot 3; thence northeasterly to a point on the north line of said Lot 2 distant 277.00 feet east from the northwest corner of said Lot 2; thence northwesterly to a point on the north line of said Lot 1 distant 246.00 feet east from the north- west corner of said Lot 1, and there terminating. 474 it, 9 L h 1981 SEP 13 " Fk- 56 McNi N4740199 ,64 3 VP' No delinquent tge, and transte, entered DEPARTMENT of PROPERTY TAXATION HEMNMN COUNTY MINN'—`, EK moats W Uw,* for the currant erUtiGS1a w not De Pala �cn mayor r `t �s5 -376 4 3 AGREEMENT Agreement made as of this day of , 1980 by and among HMC Edina Properties, a limited partnership consisting solely of Bahram Mozayeny, general partner, and Douglas W. Barr, limited partner, Bahram Mozayeny and i�k� lay c. iffy , his spouse, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS,, HMC Edina Properties ( "HMC "), Bahram Mozayeny and •00e (-.'^-do Mozayeny ("Mozayeny") and Oak Ridge of Edina ( "Oak Ridge ") are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of record in the office of the County Recorder in and for said Hennepin County as Document Number 3222039, which aforementioned Declaration was granted for the exclusive benefit of Edina and was and is enforceable solely by the Edina for the reason hereinafter set forth in the following recital; and WHEREAS, Edina's interest in requiring the above - described Declaration to be executed and filed for record binding the then fee owner, and any successors in interest in the said lands described in said Exhibit A, as well as binding the land itself, was only to make provision for the total payment in the future of that portion of the amount of a special assessment for a trunk sanitary sewer which was deferred, when and if the aforementioned tract of land subject to the original assessment was ever subdivided in the future; and WHEREAS, the lands described in said aforementioned Exhibit A have contemporaneously with the execution of this Agreement been subdivided in accordance with Edina's requirements now thereby requiring the payment of the remainder of the full original assessment for trunk sanitary sewer, which amount as hereinafter required to be paid and which payment is now in fact paid, will thereby satisfy fully the sole intent and purpose of the aforementioned Declaration and its covenant and restriction; and WHEREAS, the parties hereto are therefore desirous and willing to terminate, release, and discharge forever the aforementioned Declaration and the covenant and restriction contained therein in order that that Declaration shall no longer be binding upon the fee owners and their heirs, successors, representatives and assigns of said lands described in Exhibit A, and no longer run with and be binding upon said described tract of land; -2- NOW, THEREFORE, it is agreed as follows: 1. Payment of Full Ori Sani.tary Sewer. inal Assessment for Trunk The sum of $351.00, previously paid, receipt and sufficiency of which is hereby acknowledged by Edina, is paid in order that there is effective as of the date hereof a full and complete payment of all sums due for the trunk sanitary sewer for services to the lands desccribed in said aforementioned Exhibit A. 2. Termination, Release and Discharge of Declaration. Effective as of the date hereof, the Declaration dated April 28, 1959 and filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on February 29, 4-� 1960, as Document Number 3222039, a ee-ttr. ted copy of which is attached hereto as said Exhibit B, is hereby forever terminated, released and discharged, it no longer being of any further force and effect. 3. Acknowledgement of Subdivision of Lands. The parties hereto further acknowledge and agree that effective as of the date hereof, the lands described in said aforementioned Exhibit A have been subdivided and platted in accordance with the requirements of Edina relating thereto and said subdivided lots in the plat entitled "Oakridge of Edina" may each hereafter be improved and constructed upon in accordance with the building requirements of Edina then in force and effect. -3- 4. Heirs, Successors and Assigns. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, this agreement executed effective as of the day and year first above written: HMC Edina Properties, a Limited Partnership Consisting of Bahram Mozayeny, General Partner, and Douglas W. Barr, Limited Partner By General Part a/k /a Bahrard Mozayeny And Lmited P' rtner Bahram Mozayeny 9 s rkas ^ Mozaye Oak Ridge of Edina. By 'Michael A. Halley, General_> r tzr6r City of Edina B Y Its Mayor And VA. ts" City Manager -4- STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN ) The foregoi g instrument was acknowledged before me this day of. 198, by Bahram Mozayeny, a /k /a general partner, and Do glas W. Barr, limited partner of HMC M$2ayeny, Edina Properties, a limited partnership, for and on behalf of said partnership. `;%k :(!fircMiNNESOTA ) ss. �CCO.LTOTY OF. HENNEPIN ) o taffy Pub 1 i c DELPHA M. ¢BALL- .s-MoM era ::v.. rtrt« My commission expires September 4, 1983 The foregoing instrument was acknowledged before me this day of 1981- by Bahram Mozayeny and Mozayeny, hnd and wife. 1MNESOTA ) ss. COUNTY OF HENNEPIN ) of y Public D���A M• t�htr- $77tt?M My commission expires September 4, 1983 The foregoing nstrument was acknowledged before me this day of _ , 19'8 ,t h Michael A. Halley, general partner of Oak dge of Edina, a limited partnership, for and on behalf of the corporation. JAMES L. i tP sL y �Z y� I q 011 A IY rL ,IC— fAIR:P� SOTA " HENNEPIN COUNTY No ry Public My cornmission expires Apr. 4, 1987 -5- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 131 day of _J'aLy , 1987-by C. Wayne Courtney, Mayor of City of Ediinnadnd by Kenneth E. Rosland, City Manager of City of Edina, a municipal corporation, for and on behalf of the municipal corporation. •'�'wSs CRAIG L. LARSEN NOTARY PUBLIC -MINNESOTA +ems HENNEPIN COUINTY My Commission Expires Sept. 15, 1984 r THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4434 IDS Center Minneapolis, Minnesota 55402 :M. _u rigy J�� bT EXHIBIT A That part of Government Lot 3 in Section 4, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: Beginning at a point on the east line of Government Lot 3 in said Section 4, distant 880 feet south of the northeast corner of said Lot 3; thence south along the east line of said Lot 3, a distance of 150 feet; thence west parallel with the north line of said Lot 3 a distance of 567 feet; thence north parallel with the east line of said Lot 3 a distance of 150 feet; thence east parallel with the north line of said Lot 3 a distance of 567 feet to the point of beginning; which lies westerly of a line run parallel with and distant 50 feet westerly of Line 1 described below: Line 1. From a point on the east line of said Section 4, distant 27.01 feet south of the east quarter corner thereof, run westerly at an angle of 85 degrees 06 minutes 19 seconds from said east section line (measured from north to west) for 237.68 feet to the point of beginning of Line 1 to be described; thence deflect to the left at an angle of 107 degrees 00 minutes 00 seconds for 251.31 feet; thence deflect to the right on a 08 degree 00 minute 00 second curve (delta angle 18 degrees 21 minutes 06 seconds) for 229.40 feet; thence on tangent to said curve for 221.91 feet; thence deflect to the left on a 05 degree 00 minute 00 second curve (delta angle 06 degrees 20 minutes 05 seconds) for 126.69 feet; thence on tangent to said curve for 300 feet and there terminating. EXHIBIT B =2247 X416 3:=1 aXMq WHEUAS, kA-r14pN I EGEKY /ST sometimes hereinafter called the "Declarants" are the fee C a of the following described property situate in the village of Mae. County of Oemapim, state f m.,nnesota, legally described as follow, to -wit: South 15o ft of 5.1070 ft.of 9.567 ft.of Govt. Luc J, ex State lligbway SPc. 4- 116 -21 Parccl 15000 wmREAS, said property has been. or Will be improved by the construction of only one residence thereon, in accordance With the provisions of the warranty Deeds transferring the property from farm use to residential use. wliEPYAS, the Village of Edins has constructed a trunk sanitary sever to service the above described and other property. , wlesBAs, the Village of Edina is willing to assess the cost of tbm instsllat :on of said trunk sanitary sewer on the basis that only one residence may be constructed on each tract of land or lot at S 675.00 rather than S 1,026.00 which Was computed on total acreage. Im, wguron , in consideration of the village of sdina assess- ing the above described property on a tract or lot basis rather than on a front foot basis and in further consideration of One Dollar ($1.00) and other good and valuable consideration. the receipt and sufficiency of Which era hereby acknowledged by said Declarants, said Declarants do bereby i+OSe upon the above described property the following covenant and restriction: 1. The above described property shall not be improved by the construction of another residents thereon except for the construction of a residence built to replace the existing residence so that at so time shall said property be improved by more than one residence thereon. 2. This covenant and restriction shall run with the land above described and shall be binding upon the heirs, representatives end smm'igm* of said Daclsrsatg for a period of thirty (70) years from tba data tbsseof. 7. This covenant and restriction shall be for the benefit of the Tilts" of sdina mad the Village of sdina omit bane the right to Safer" the gams in low or La equity and *ball not be obliptod at sky time d""S the X2247 m417 a:istance of this covenant and restriatiam to loan a beL14106 permit fee sold above described property for the comstruetioo of aaotber rssidemoe there" awe and emxapt for the construction of a mw residence to replace the adatimt residence on said property. If the property does met am besot a raeidowe. tbam the Village of gdiaa will issue a posit for only ome residence- 4. If Declarants vie%. in the future. to subdivide this property in accordance with Village platting requirements. the village of tdino reserves the sight to levy the balance of the original assessment at $675.00 per acre against this property. tN RSI'tl"y w"m gop, Declarants have hereunto set their bands this /S day of r to presence Of: / 21T STATS OF KIMMSOTA) )SS On this ,r* day of %% :<fX 19.9. before M. a Notary public within and for said County, personally appeared !!L" a` t - to an know to be the persons described is sad wlw .is;acuted the foregoing instrument, mad acknowledged that they dsssutd the sams W thaLr free set amd deed. (Petarial pal) r ly 1 �M11r1 �Ial�M� .�. Y. h11.. �I. �Y• /Sled for r000rd on the 29 day of Feb A.D. IWO at 9430 o'elook A.li. r t } OFFICE OF 6tatf of Minntonta 5s, Count Recorder OOUNTY OF HE11T1VEPIN y I, R. DAN CARLSON, County Recorder, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of hoc. No. 3222039 with the record thereof as recorded in my office, in Book 2247 of Deeds page 416 and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said record is required by law to be kept. In Witness Whereof I have hereunto set my hand and official seal this 21st day of December A.D. 19 81 TRANSFER ENTERED DEPARTMENT OF PROKRTY T Afib1`) NOV 17 HENNEPIN COUNTY MINN. BY �` UTY R. DAN CARLSON County Recorder County of Hennepin, State of Minnesota Deputy CERTIFI Doc. No. 342039 COPY Declaration ,..Ov 17-92 3 7 1 3 $ 010.500h Ny It 7 3 NAGY 17 AN 8: 21 C}, M;: H "t 11 Mum 0. RECOPCER COUNTY RECORI)ER HENNEPIN COUNTY. MINNESOTA HC 1002 A.D. 4'752018 01 AGREEMENT Agreement made as of this p n day of , 198x, by and among Joanne C. Willmert and Barry M. Willmert, her spouse, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS, Joanne C. Willmert and Barry M. Willmet ( "Willmert ") and Oak Ridge of Edina ( "Oak Ridge') are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of record in the office of the County Recorder in and for said Hennepin County as Document Number 3222040, which aforementioned Declaration was granted for the exclusive benefit of Edina and was and is enforceable solely by Edina for the reason hereinafter set forth in the following recital; and WHEREAS, Edina's interest in requiring the above - described Declaration to be executed and filed for record binding the then fee owner, and any successors in interest in the said lands described in said Exhibit A, as well as binding the land itself, was only to make provision for the total payment in the future of that portion of the amount of a special assessment for a trunk sanitary sewer which was deferred, when and if the aforementioned tract of land subject to the original assessment was ever subdivided in the future; and WHEREAS, the lands described in said aforementioned Exhibit A have contemporaneously with the execution of this Agreement been subdivided in accordance with Edina's requirements now thereby requiring the payment of the remainder of tre full original assessment for trunk sanitary sewer, which amount as hereinafter specified, when paid, will thereby satisfy fully the sole intent and purpose of the aforementioned Declaration and its covenant and restriction; and WHEREAS, the parties hereto are therefore desirous and willing to terminate, release, and discharge forever the aforementioned Declaration and the covenant and restriction contained therein in order that that Declaration shall no longer be binding upon the fee owners and their heirs, successors, representatives and assigns of said lands described in Exhibit A, and no longer run with and be binding upon said described tract of land; NOW, THEREFORE, it is agreed as follows: 1. Payment of Full Original Assessment for Trunk Sanitary Sewer. The sum of $1,134.00, herewith paid, receipt and sufficiency of which is hereby acknowledged by Edina, is paid in order that there is effective as of the date hereof a full -2- and complete payment of all sums due for the trunk sanitary sewer for services to the lands described in said aforementioned Exhibit A. 2. Termination, Release and Discharge of Declaration. Effective as of the date hereof, the Declaration dated April 28, 1959 and filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on February 29, 1960, as Document Number 3222040, a copy of which is attached hereto as said Exhibit B, is hereby forever terminated, released and discharged, it no longer being of any further force and effect. 3. Acknowledgement of Subdivision of Lands. The parties hereto further acknowledge and agree that effective as of the date hereof, the lands described in said aforementioned Exhibit A have been subdivided and platted in accordance with the requirements of Edina relating thereto and said subdivided lots in the plat entitled "Oakridge of Edina" may each hereafter be improved and constructed upon in accordance with the building requirements of Edina then in force and effect. 4. Heirs, Successors and Assigns. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, this agreement executed effective as of the day and year first above written: -3- .I OAK RIDGE OF EDINA By c% Michael A. Halley, Generil qFtner CITY OF EDINA By And STATE OF MINNESOTA ) cL ) ss. COUNTY OF ) ,jThe foregoiDg strument was acknowledged before me this o z day of i , 198Q, by Joanne C. Willmert and Barry M. Willmert, wife and husband. &At'B &L Nota y Public NO STATE OF MINNESOTA ) �E COUNTY OF HENNEPIN The foreg ing instrument was acknowledged before me this -45*7-day of " , 198,� by Michael tHalle, y general partner o Ri Oa ge of EcTina, a imiteartnership, for and on behalf of the partnership. r W:"LRLNNEP1N STOLTMAN C _ ,y;�dNESOTA otary Public COUP TY pir®s Nov. 19. 1989 - 4-- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 13 dkay of , 198%-- by C. Wayne Courtney, Mayor of City of Edina, anA by Kenneth S. Rosland, City Manager of City of Edina, a municipal corporation, for and on behalf of the municipal corporation. THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4434 IDS Center Minneapolis, Minnesota 55402 -5- • W.k' CRAIG L. LARSEN NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My 6@fflffli� w Expito Sept. 18, 1984 THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4434 IDS Center Minneapolis, Minnesota 55402 -5- • EXHIBIT A The East 317 feet of the South 150 feet of a North 86-0 feci of the East 967 feet of the South halms o� township 116 North, F,ange 21 Sr'est of the 5tl Principal 14esidi:��� and The East 317 feet of the North 150 feet of the South 300 feet of the North 880 feet of the East 987 feet of the South half of Section 4, Township 116, Range 21, Hennepin County, Minnesota, also described as the East 317 feet of that part of Governr►ent Lot 3 in Section 4, TOW.'ship 116 North, Range 21 West, Hennepin County, Minnesota, described as follows: beginning at a point on the East line of Govermment Lot 3 in said Section 4, which poi is distant 560 feet South of the Northeast corner of said Goveramorat Lot 3; thence South along the East line of said Lot a distance of 150 feet; thence West parallel with the 14orth line of said Government Lot 3 a distance of 937 feet; thence North parallel with the East line of said Lot 3 a distance of 150 feet; thence East 967 feet to the point of beginning EXHIBIT B Wi= w418 o POCIANATM 1 Sometimes brelaafter called the "Declarants" are the fes aware of the feilewnag dsecribd property situate is the Village of gdiaa. CSwnty of iasaspia. State Of Hineseota, legally described as follow, to -wit: West 870 foot of g 987 feat of a 150 test of Nortb 860 test of Cwt. Let 3 Sec. 4- 116 -21 Parcel 04500 YMERLAS, said property has been, or will be Improved by the •Onstruction of only one residence thereon, in accordance with the previsieas of be Warranty Deeds transferring the property from farm use to residential use. MtfiLA.T, the Ville$@ of Edina has constructed a trunk sanitary sewer to service the above described and other property, WHEREAS, the Village of Edina is willing to assess the cost of the inatellat:oa of said trunk sanitary sever on the basis that only one residence may be constructed on each tract of land or lot at S 675.00 rather than g 1,809.00 which was computed on total acreage. WW. THEREFORE, in consideration of the Village of gdisa aeeees- ing the above described property of a tract or lot basis rather than on a front foot basis and is further cessidersties of One Dollar ($1.00) and ether good and valuable sonsiHtation, the receipt and sufficiesey of Much an hereby Sekmewlodgod by said Declarants, said Declarants de hereby impose upon the above described property the following eeven st and restriction: 1. The above described property shall net be improved by the coaytevctias of another residence thereon except for tbs construction of a sooid ws built to replace the existing residence So that at so time shall said property be improved by were than one residents there=. 2. This cow ant and restriction shall no vitb the land oboe described and shall be binding upon the hairs. representatives and Metiers et 0614 Declarants for a period of thirty 1.W) years from the date therewf. 7. This covenant and restriction ab 11 be for the benefit of the Villegie of ediaa and the Village of adiss ahali hove cbs right to adore* tb Sane 16 Ear Of le O"Ity and *hall net be ebiigted as any time during tb& THIS DOCUMENT WAS RECORDED IN AN ILLEGIBLE CONDITION mc ca C9 ca t,e.1 a.m tj U.s LU a.• 6� 2z s, �s I t rye K 1Z 1*7- ` .a I .M a r2 e:.►a Fs; 6'W 6= cc M--Z cop er X2'247 m419 _1 e>dstaw of t ►LS ea•s•a't Mod reacrt UMN a LOOM • baUd " pOWN" tK M"d above described property for tb• oe.etrwett•a of a o"Or ewtda treaty ease sad exempt for the eoastruettos of a over rastdras• to :otiose the ORL*ttng residsnea on said property. it the property does not tea boss a enotdomme, tbw the Village of LILna will tsew • poradt for only ass residence. 4. If Ooel•rats wls►, to the fwtose. to sub"vids this prepsrty to eceordaoes with Village plotting COWL eaueta, the Village of gdLao reserves the right to Ion the balance of the original •sseaaa•ot At $673.00 par acre against this property. IN TLSTU MT elUMM, peelsra•ts bwe borewto set their bonds this ��_ day of In preamoc@ Of: STATE OF KIMMSOTA) )SS COMA I Q HIMPIM) On this .. I day of 't 1939, before=. a Notary Public within and for said County, personally +geared _ ( _ �i. l• vi • o - -- . to w known to be the persoaq described to and a4w aseowted the foregoinf Lastrullent. and acknowledged that they aAWw&••d the same as their tree set and deed. aeeartai teal) � Fair: for r000rd on th« !Y de,: Of 14b A.f. 1tt0 at $830 "'Look AJX. .'r Q* 6m ca C= CW Mac L&A d eoD �a r OFFICE OF fttP of Ainntanttt S. County Recorder COUNTY OF EU NNEPIN I. R. DAN CAR LS( ) \. C'ountY fiec I 11111 and fir maid C'ountY of Hennepin and Stat,,, of \Iinne�-Wla, do hervh.\ certif.• than I ha\c carefully compared the above and fwve going cop\, of _ TIECT ARA.T-ION with the record thereof as recorded in my office. in Book 2247 of Heeds page 418 and that the game iz, a true and correct photo -cop} of the =ame• and of the whole thereof, and I do further certif:• that I am the officer in whose cu:todl - said record is required by law to be kept. In Witne�� Whereof I ha'e hereunto :et my hand and official <eal this „A dad of - 1)ece�er A.D. 19 Al R. DAN CARLSON County Recorder County,�f Hennepin. State of Minnesota Bx- " r Depute t CERTIFIED OF , 4 M&ALMA Z17i -DEC py kh, - N "r'UN Y. M- c. 19817 NOV �-9 AN 8:25 4752US REta COPY FEE----- COUNTY RECORDER I I E N N E' I'l N (70 U NTY. NI I N N E' SOTA HC 1002 R.D. t 4