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Declaration of
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Minnesota Wetland Conservation Act
tions and Covenants for Site Specific Wetland Replacement
t• City of Edina
acement: Sec. 711 Twp. 116N, Rge.21 W, County of Hennepin
This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement
Wetland (Declaration) is made this yzL day of , -4X by the undersigned Declarant:
RECITALS
A. The De0arant 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 Dee arant is seeking approval of (1) a replacement plan under Minnesota
Statutes section 1030 22.
D. The Rep acement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota S atutes section 103G.222 et se q., and all other provisions of law that apply
to wetlands, except tha the exemptions in Minnesota Statutes section 103G.2241 do not apply to
the Replacement Wetl d, pursuant to Minnesota Rules 8420.0115.
E. The Local
F. All
BWSR_Form_WCA
nent Unit (LGU) charged with approval of the Replacement Plan is
istrict, whose address is Nine Mile Creek Watershed District, c/o Barr
in this instrument to Minnesota Statutes and Rules are to the Statutes and
_I I (Decl_ResCov).doc
Page l of 4
(April 2003)
Rules currently in effect
The Declarant
Replacement Wetland
Declarant, and Declar;
as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
the following declaration of restrictions and covenants for the
restrictions and covenants shall run with the land, and bind
's heirs, successors, and assigns:
1. The Decl rant shall maintain a Replacement Wetland of the size and type
specified in the replace ent plan approved by the LGU and on file at the offices of the LGU.
Declarant shall not mak any use of the Replacement Wetland that would adversely affect the
functions or values of th wetland as determined by Minnesota Rules 8420.0540, subp. 10, and
as specified in the repla ement 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 R placement Wetland in the approved replacement plan.
3. Declaran grants to the LGU, the State of Minnesota, and the agents and
employees of the LGU d 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 th lands described to the general public.
4. Declara represents that he or she has a fee simple or easement interest in the
land on which the Repl cement 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 ts, 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 replacemen t plan, such proof shall be provided to the LGU before proceeding
with construction of the Replacement Wetland.
6. Acknowledge
recorded. This Easen
Minn. Stat. ch. 84C.
7. If the rf
establishment of areas
this Declaration shall
areas are not wetlands
shall apply equally to I
this Easement shall be unlimited in duration, without being re-
shall be deemed to be a perpetual conservation easement pursuant to
,lacement plan approved by the LGU and on file at its offices requires the
,f native vegetative cover, the term "Replacement Wetland" as used in
so include the required areas of permanent vegetative cover, even if such
All provisions of this Declaration that apply to the Replacement Wetland
e required areas of native vegetative cover. In addition, the Declarant:
Page 2 of 4
BWSR_Form_WCA_Replace ent_11(Dec(_ResCov).doc
(April 2003)
(a) Shall
subpart 2.1);
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 replacement plan for native vegetative cover, including any necessary planting
and replanting thereof, d other conservation practices, in accordance with the replacement
plan;
(c) Shall not
(d) Shall not
(e) Shall not pla
of structure, temporary
provided in the replacer
(f) Shall, at D
weed control laws and
specified in the replac
agricultural crops on the areas specified in the replacement plan;
livestock on the areas specified in the replacement plan or;
any materials, substances, or other objects, nor erect or construct any type
permanent, on the areas specified in the replacement plan, except as
at plan;
it's cost, be responsible for weed control by complying with noxious
ency control of pests necessary to protect the public health on the areas
plan; and
(g) Shall compl with any other requirements or restrictions specified in the replacement
plan, including, but not imited to, haying, mowing, timber management or other vegetative
alterations that do not ei Lbance or would degrade the ecological functions and values of the
replacement site.
8. This De laration maybe modified only by the joint written approval of the LGU
and the State of Minn, to through the Minnesota Board of Water and Soil Resources. If the
Replacement Wetland as been used to mitigate wetland losses under the Federal Water
Pollution Control Act, t e U.S. Army Corps of Engineers (or successor agency) must also agree
to the modification in sting. Such modification may include the release of land contained in
the legal description ab ve, 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 perm ent vegetative cover.
9. This De laration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU aiid the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from De 1r, larant in any action to enforce this Declaration. The right to enforce the
terms of this Declaratio is not waived or forfeited by any forbearance or failure to act on the part of
the State or LGU. If th 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 Decl ation that run to the State or the LGU may also be enforced by the United
States of America in a urt of competent jurisdiction.
10. his Declaration must be recorded and proof of recording submitted to the
Page 3 of 4
BWSR_Form_WCA_Replace ent_II(Decl_ResCov).doc (Apri12003)
0
LGU or other
authority in order to be valid.
Signature f ll8 arant
Signa u e of Declar t
STATE OF MWNESO A )
) ss.
COUNTY OF Henne i )
This instrument
_ (name(s) of persc
V (Signature of N(
(Title)
My commission
Attachments: [X] A
[X] A
s acknowledged before me o /2 US (date) by
S).
bff%er) ,
DARLENE R. WALUN
Notary Public-Minnesota
tVCw#nWm des den 81. M0
expir
,hment A (legal description)
hment B (map or survey of Replacement Wetland)
This instrument drafted by: City of Edina
BWSR_Form_WCA_
Page 4 of 4
—I I (Decl_ResCov).doc
(April 2003)
Exhibit A: Replacement Wetland Legal Description:
NE1 /4 of the SW1 /4 o 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: \23\27 \003VDD\343 Braemar \$xhibit A.doc
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Declaration of
41ON462
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ove Space is Reserved for Recording Information)
Minnesota Wetland Conservation Act
:tions and Covenants for Site Specific Wetland Replacement
Replacement Wetland Declarant: City of Edina
General Location of Replacement: Sec. 7, Twp. 116N, Rge.21 W, County of Hennepin
This Declaration f Restrictions and Covenants for Site Specific Wetland Replacement
Wetland (Declaration) is made this / A/ day of �Aa,�s by the undersigned Declarant:
RECITALS
A. The Declaant 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. 0. Exhibit B, attached hereto, is a map or survey of the subject
Replacement Wetland.
C. The Decla ant is seeking approval of (1) a replacement plan under Minnesota
Statutes section 103G.222.
D. The Repla ement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Stat tes section 103G.222 et seq., and all other provisions of law that apply
to wetlands, except that t e exemptions in Minnesota Statutes section 103G.2241 do not apply to
the Replacement Wetlan , pursuant to Minnesota Rules 8420.0115.
E. The Local Go ernment Unit (LGU) charged with approval of the Replacement Plan is
ile Creek Watersh d District, whose address is Nine Mile Creek Watershed District, c/o Barr
°riniz Comnanv. 4100 West 77`h Street. Minneanolis_ Minnesota 55435 -4803.
F. All references i this instrument to Minnesota Statutes and Rules are to the Statutes and
Page 1 of 4
BWSR_Form WCA Replacemen _I 1(Decl_ResCov).doc (April 2003)
Rules currently in
The Declarant
Replacement Wetland.
Declarant, and Declara
and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
the following declaration of restrictions and covenants for the
restrictions and covenants shall run with the land, and bind
heirs, successors, and assigns:
1. The Decl ant shall maintain a Replacement Wetland of the size and type
specified in the replace ent plan approved by the LGU and on file at the offices of the LGU.
Declarant shall not mak any use of the Replacement Wetland that would adversely affect the
functions or values of th wetland as determined by Minnesota Rules 8420.0540, subp. 10, and
as specified in the replac ment plan.
2. Declar7 i cement shall pay the costs of maintenance, repairs, reconstruction, and
replacement of the Repl Wetland, which the LGU or the State of Minnesota through the
Minnesota Board of Wa r 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, onitoring, and enforcement purposes. This Declaration grants no
access to or entry on the ands described to the general public.
4. Declarant 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 consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and covenants
herein, and that, all such arties have agreed in writing to subordinate their interests to these
restrictions and covenant , 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 p ovide 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 that this Easement shall be unlimited in duration, without being re-
recorded. This Easemen shall be deemed to be a perpetual conservation easement pursuant to
Minn. Stat. ch. 84C.
7. If the repl cement 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 a include the required areas of permanent vegetative cover, even if such
areas are not wetlands. 11 provisions of this Declaration that apply to the Replacement Wetland
shall apply equally to the required areas of native vegetative cover. In addition, the Declarant:
Page 2 of 4
BWSR_Form_WCA_Replaceme t_11(Decl_ResCov).doc (April 2003)
(a) Shall comp
subpart 2.13;
(b) Shall, at Di
specified in the replace
and replanting thereof,
plan;
(c) Shall not p,.
(d) Shall not g
with the applicable requirements of Minnesota Rules 8420.0540,
rot's cost, establish and maintain permanent vegetative cover on areas
t plan for native vegetative cover, including any necessary planting
other conservation practices, in accordance with the replacement
agricultural crops on the areas specified in the replacement plan;
livestock on the areas specified in the replacement plan or;
(e) Shall not place any materials, substances, or other objects, nor erector construct any type
of structure, temporary or permanent, on the areas specified in the replacement plan, except as
provided in the replacer
(f) Shall, at D
weed control laws and
specified in the replac
(g) Shall compl
plan, including, but not
alterations that do not ei
replacement site.
8. This
and the State of Minnes
Replacement Wetland 1
Pollution Control Act, t
to the modification in v
the legal description abi
this Declaration, unless
establishment of verma
9. This Decla
Minnesota. The LGU and
attorneys fees from Dech
terms of this Declaration i
the State or LGU. If the
requirements under the F
provisions of this Declara
States of America in a coi
10.
BWSR_Form_WCA_
plan;
it's cost, be responsible for weed control by complying with noxious
ency control of pests necessary to protect the public health on the areas
plan; and
any other requirements or restrictions specified in the replacement
i to, haying, mowing, timber management or other vegetative
or would degrade the ecological functions and values of the
ation may be modified only by the joint written approval of the LGU
through the Minnesota Board of Water and Soil Resources. If the
been used to mitigate wetland losses under the Federal Water
U.S. Army Corps of Engineers (or successor agency) must also agree
ing. Such modification may include the release of land contained in
if it is determined that non - wetland areas have been encumbered by
approved replacement plan designates these non - wetland areas for
vegetative cover.
ration may be enforced, at law or in equity, by the LGU, or by the State of
the State of Minnesota shall be entitled to recover an award of reasonable
rant in any action to enforce this Declaration. The right to enforce the
not waived or forfeited by any forbearance or failure to act on the part of
abject replacement area is to be used partially or wholly to fulfill permit
;deral Water Pollution Control Act or a federal farm program, then the
Lion that run to the State or the LGU may also be enforced by the United
of competent jurisdiction.
Declaration must be recorded and proof of recording submitted to the
Page 3 of 4
11(Decl_ResCov).doc (April 2003)
LGU or other
of
Signature of
authority in order to be valid.
STATE OF MINNESOT
) ss.
COUNTY OF Hennepin )
This instrument
(name(s) of pers,
Ls acknowledged before me on'/'
i2 O<(date) by
S).
'w—
(Signature of Not al Of i DARLENE R. WALLIN
Notary Pdw"lnnewta
V ftk"Jana1,ao10
(Title)
My commission a pires.
Attachments: [X] Attac ent A (legal description)
[X] Attac ent B (map or survey of Replacement Wetland)
This instrument drafted b :City of Edina
Page 4 of 4
BWSR_Form_WCA_Replacemen _11(Decl ResCov).doc
(April 2003)
Exhibit A: Replacement Wetland Legal Description:
NE1 /4 of the SWl /4 o�the SEl /4 of Section 7, Township 116 North, Range 21 West,
Hennepin County, city of Edina, within the bounds of the Braemar Golf Course.
P: \23\27 \003UDD\343 Braemar \Exhibit A.doc
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