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CONSERVATION RESTRICTION
(Open Space) r 1 e-0
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THIS INDENTU E, Made this '31 day of August, 2005, between Legacy
Holdings -ED, LLC, a innesota limited liability company (hereinafter called "Owner,"
where one or more), a d the CITY OF EDINA, a municipal corporation under the laws of
the State of Minnesota (hereinafter called "Edina ").
WITNESSETH:
That Owner, in onsideration of One Dollar ($1.00) and other good and valuable
consideration, the rec ipt of which is hereby acknowledged, does hereby Grant,
Bargain, Sell and Con ey unto Edina, its successors and assigns, Forever, a
Conservation Restricti n pursuant to Minnesota Statutes §84.64, for the purposes and
on the terms hereinaft r specified, over, on and across the tract(s) or parcel(s) of land
lying and being in the ounty of Hennepin and the State of Minnesota, described in
Exhibit A attached her to and made a part hereof (said tract(s) or parcel(s) of land
being hereinafter toge her called the "Easement Area ".
TO HAVE AN TO HOLD THE SAME, Together with all the hereditaments and
appurtenances thereu to belonging, or in anywise appertaining, to Edina, its successors
and assigns, Forever. And Owner, for Owner and Owner's heirs, representatives,
successors and assig s, covenants with Edina, it successors and assigns, that Owner
is well seized in fee o the Easement Area, and has good right to convey pursuant
hereto the interests h reby conveyed, and that the Easement Area is free from all
encumbrances, exce t real estate taxes and installments of special assessments
payable therewith whi h are not yet payable. And the Easement Area, in the quiet and
peaceable possessio of Edina, its successors and assigns, for the purposed hereby
granted against all pe sons lawfully claiming or to claim the whole or any part thereof,
subject to the encum rances hereinbefore mentioned, Owner will warrant and defend.
The purpose o this Conservation Restriction is to assure that the Easement Area
shall at all times rem in as open space and constitute scenic surroundings. To
accomplish this purp se, Owner, for Owner and Owner's heirs, representatives,
successors and assi ns, does hereby covenant and agree that:
1. Except or deck support columns and footings, patio construction of no
more than 500 sq. ft, ogether with appurtenant retaining walls, no buildings or other
structures of any kind,
and no utility equipme
erected, installed, con
constructed, on or
and no roads, signs, billboards or other advertising of any kind,
t poles, wires or other material of any kind, shall hereafter be
tructed or placed, or allowed to be erected, installed, placed or
,e all of any part of the Easement Area without the express prior
written approval of Edina.
2. No soil o� other substances or material shall be dumped or placed, or
allowed to be dumped o r placed, as landfill or for any purpose, reason or cause on all of
any part of the Easem nt Area without the express prior written approval of Edina.
3. No trash, waste or unsightly or offensive materials shall be dumped or
placed, or allowed to b dumped or placed, on all or any part of the Easement Area
without the express pri r written approval of Edina.
4. No loam, peat, gravel, soil, rock, or other material or substance shall be
excavated, dredged, o removed, or allowed to be excavated, dredged or removed, from
all of any part of the E sement Area without the express prior written approval of Edina.
5. No activi ies detrimental to drainage, flood control, water conservation,
erosion control, or soil conservation, and no other acts of uses detrimental to the
retention or preservati n of the Easement Area as a scenic open space, shall be
conducted or permitte to be conducted on all or any part of the Easement Area without
the express prior writt n approval of Edina.
6. The Eas ment Area shall at all time be kept planted, shrubbed, sodded
and otherwise landsc ped (hereinafter collectively called "landscaping ") by Owner,
Owner's heirs, repres ntatives
7. The Easem nt Area, including landscaping, shall be maintained at all times
by Owner and Own is heirs, representatives, successors and assigns, in full
compliance with all a p plicable ordinances of Edina now or hereafter enacted and in
full compliance with th provisions of this Conservation Restriction.
8. Except as li ted in No. 1 herein, no surface use shall be made of all or any
part of the Easement Area except for purposes consistent with the maintenance and
preservation of the asement Area as open space without the express prior written
approval of Edina.
9. This Conse ation Restriction shall not operate to grant to Edina the right to
use or improve, or to ermit the public to use or improve, the Easement Area as or for a
park.
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10. The rights
Minnesota, including,
statute, as such status
be available to Edina
violate or breach, an
Restriction, Edina ms
person, firm or corpoi
and remedies in law and in equity given by the laws of
limitation, Minnesota Statutes § 84.65 or any successor
may hereafter be supplemented, modified or amended, shall
Uso, if there shall be a violation or breach, or an attempt to
of the terms, covenants or conditions of this Conservation
prosecute any proceedings at law or in equity against the
on 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 uch violation or breach. Also, Edina, in the event of such
violation or breach, wit out notice, may, at its option, enter upon the Easement Area
with such personnel, a uipment and material as it determines necessary, to undertake
and perform the term, covenant or condition so violated or breached, or to cure the
violation or breach, an the cost incurred, including attorneys' fees, without interest at
the highest rate then a lowed by law, or, if no maximum rate is applicable, then at the
rate of twelve percent (12 %) per annum, shall be payable by Owner, and Owner's
heirs, representatives, successors and assigns, on demand made by Edina, its
successors and assigns, and Owner and 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 levy 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 asspecial assessments (without, however, any notice or hearing of
any kind) and collect th same with the real estate taxes against the whole of such tax
parcel which are paya le in the year following the year such costs and interest are so
levied, and Owner, fo Owner and Owner's heirs, representatives, successors and
assigns, hereby waive any and all objections to such levy, including, without limitation,
the amount thereof, the hearing process (including the giving of, or failure to give, or
error in giving of, any required motion), and including all rights of appeal from such
levy. If such assessments are not paid before they become delinquent, the whole of
such tax parcel may be sold and conveyed in the same manner as lands forfeited' for
nonpayment of real est to taxes are sold and conveyed.
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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 be amended or modified at any time and from time to time by the sole act of
Edina and the then record owners of the Easement Area, and may be released in
whole or in part at any time, and from time to time, by the sole act of Edina.
12. Each person) who is now or hereafter a record owner of all or any part of
the Easement Area shall be liable hereunder for all liabilities and obligations
accruing hereunder while such a record owner, and if there be more than one such
record owner, such
liability shall cease as
except, however, for I
owner.
IN WITNESS
executed the day and 1
rs shall be jointly and severally liable. However, such
such record owner when no longer such a record owner,
and obligations which accrued while such a record
IEREOF, Owner has caused these presents to be
r first above written.
Legacy Holdings-ED, LLC
Bye`
Its:
4
This instrument is exempt from State Deed Tax.
STATE OF MINNESO A )
) ss
COUNTY OF HENNE IN )
5
The foregoing nstrument was acknowledged before me this 3( day of
August, 2005, by Joh C. Brandt, the Chief Manager of Legacy Holdings -ED, LLC, a
Minnesota limited liabil ty company, on behalf of the company.
FRANK LEXANDERJANES
NOTARY PUBLIC - MINNESOTA
Iv Commi Sion Expires Jan. 31, 201
Drafted By:
The City of Edina
4801 W. 501h St.
Edina, MN 55424
Attention: Craig L
5
Notary
EXHIBIT A
(Legal Description of Easement Area)
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PLEASE NOTE THAT THE PLAT OFARROWHEAD
HEIGHTS IS CURRENTLY NOT A RECORDED PLAT
® DENOTES PROPOSED CONSERVAr10N RESTRICTION EASEMENT
Proposed Legal Description
for a Conservation Restriction Easement over Lot 1, Block 1, ARROWHEAD
HEIGHTS
(August31.2005)
An easement for conservation restriction purposes over, udder and across that part of Lot 1,
Block 1, ARROWHEAD HEIGHTS, according to the recorded plat thereof, Hennepin County,
Minnesota, lying northeasterly of s line described as follows:
Commencing at the most southerly comer of Lot 2, said Block 1; thence northeasterly
along the southeasterly, lips of said Lot 2 a distance of 187.00 feet; thence
northwesterly, deflecting to the left 94 degrees 69 minutes 07 seconds, to the
northwesterly line of said Lot 2 and the point of begirudng of the fine to be described;
thence northwesterly, deflecting to the right 12 degrees 26 minutes 51 seconds to the
northwesterly line of said Lot 1 and said line there terminating.
Proposed Legal Description
HEIGHTS
(August 31, 2005)
An easement for conservation restriction purposes over, under and across that part of Lot 2,
Block 1, ARROWHEAD HEIGHTS, according to the recorded plat thereof, Hennepin County,
Minnesota, lying northeasterly of a line described as follows:
Commencing at the most southerly comer of said Lot 2; thence northeastery along
the southeasterly line of said Lot 2 a distance of 187.00 feet to the point of beginning
of the line to be described; thence northwesterly, deflecting to the Wit 94 degrees 59
minutes 07 seconds, to the northwestedy line of said Lot 2 and said line there
terminating.
ARROWHEAD
HEIGHTS
Nortrord Group
Inc
12100 Singletree
Lane, Solve 120
Eden Prairie, MN
55344
ASSOCIATES
KS PIS
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sari- .
PROPOSED
CONSERVATION
EASEMENT
mart
03133
1 OF 1
CONSENT AND SUBORDINATION
The undersig ed, being the holder of a Mortgage (the "Interest ") on the
property defined as t e "Easement Area" in the Conservation Restriction to which
this Consent and S bordination is attached, the document creating said Interest
being dated Aug st 31 . 2005, and recorded as Document No.
, in the office of the County Recorder, Hennepin County,
Minnesota, does he eby agree and consent to all of the terms and conditions of
the Conservation estriction to which this Consent and Subordination is
attached, and agree to be bound by all of the obligations of, and subject to all of
the remedies availa le against, an owner in the event it becomes a record owner
of all or any part of t e Easement Area.
Crc
By:
Its:
STATE OF MINNE OTA )
) ss
COUNTY OF HEN EPIN )
T e foregoing Consent and Subordi
this � day of Au ust, by
of Crown Bank, a �i .
I was acknowledged before ,me
_, the
on behalf of the
0 F NK ALEXANDER DANES
N TARP PUBLIC • MINNESOTA
My ommission Expires Jan. 31, 2010 Notary
7
Doc No 8778713 04/13/2006 02:24 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy 5 TranslD 201928
Fees
$35.50 DOC
$10.50 SUR
$2.00 COPY
$48.00 Total