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HomeMy WebLinkAbout1997-075 . . . {., RESOLUTION NO. 97- .15 APPROVING CONSERVATION EASEMENT BETWEEN CITY OF STILLWATER AND STILLWATER DENTAL ASSOCIATES, LLC. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Conservation Easement between the City of Stillwater and Stillwater Dental Associates, LLC, for the West 155 feet of the South 83 feet of Lot 3, Block 3 Feely's Addition, is hereby approved. Adopted by Council this 18th day of March, 1997. ATTEST: J~ ~W.LPJ-- Modi We on, City Clerk . . . . CONSERVATION EASEMENT @ ,- .p~./J ~1 . ~ (~:.TH.rS ~NSERV.ION EASEMENT is entered into this 0/'1h day of 0:.'1~IJJ..Ln..-.. i,v,?--;, 1996, by and between STILLWATER DENTAL a Minnesota Limited Liability Company whose Otchipwe Avenue North, Stillwater, Minnesota 55082 ("Owner") and the CITY OF STILLWATER, a Minnesota Municipal Corporation ("Holder"). WITNESSETH: A. The Owner is the sole owners in fee simple of certain real property identified as: The West 155 feet of the South 83 feet of Lot 3, Block 3, Feely's Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota. ("Protected Land") . B. The Protected Land is primarily wooded. C. The Owner intends to convey to the Holder the right to preserve and protect the Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this Conservation Easement. D. The Holder is a governmental body empowered to hold an interest in real property under Minnesota law as defined by Minnesota Statutes Section 84C.01(2) (i). NOW THEREFORE, in consideration of their mutual covenants and pursuant to the provisions relating to conservation easements set forth in Minnesota Statutes Sections 84C.01- .05, Owners convey and warrant to the Holder and the Holder accepts a perpetual conservation easement on the Protected Land of the character and to the extent set forth herein. 1. Intent. The parties intend to permanently retain the Protected Land in its predominantly natural wooded condition and to prevent or remedy and subsequent activity or use that significantly impairs or interferes with such intent. 2. Holder's Rights. To accomplish the parties' intent, the Owner conveys the following rights to the Holder: A. The Holder shall preserve and protect the Protected Land pursuant to the terms of this Conservation Easement. B. The Holder may enter the Protected Land at reasonable times to monitor subsequent activities and uses and to enforce the terms of this Conservation Easement. The Holder shall give reasonable prior notice to the Owner of all such entries and shall not unreasonably interfere with the Owner's use and quiet enjoyment of the Protected Land. C. The Holder may act to prevent or remedy all subsequent activities and uses of the Protected Land not consistent with the terms of this Conservation Easement. 3. Prohibited Uses. The Owner shall not perform or knowingly allow others to perform acts on the Protected Land that would significantly impair or interfere with the Protected Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4 - 13. 4. Residential, Commercial and Industrial Uses. The Owner shall not engage in residential, commercial or industrial activities on the Protected Land. The Owner shall not engage in the exploration or extraction of soil, sand, gravel, rock minerals, hydrocarbons or any other natural resource on or from the Protected Land. The Owner shall not grant rights of way on the Protected Land in conjunction with residential, commercial or industrial activities on lands other than the Protected Land. 5. Construction. The Owner shall not construct or install buildings or improvements of any kind including, without limitation, fences, driveways, parking lots, and roads. 6. Utility Systems. The Owner may maintain, repair, and replace existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities. The Owner shall not install new utility systems or extensions of existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities, without the prior approval of the Holder. 7. Surface Alteration. The Owner shall not alter the surface of the Protected Land including, without limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other material. 8. Soil and Water Degradation. The Owner shall not engage in activities or uses that cause or are likely to cause soil degradation, erosion, or water pollution, either on the surface or underground. . . . . ~ . . . .~ Jo - . 9. Waste Removal. Owners shall not dump or dispose of refuse or other waste material on the Protected Land. 10. Trees, Shrubs, and Vegetation. The Owner shall not remove, destroy, cut, mow, or alter trees, shrubs, and other vegetation except to prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage. 11. Recreational Use. The Owner shall not use or allow others to use motorcycles, all-terrain vehicles, or other motorized vehicles on the Protected Land. 12. Signs. The Owner shall not erect or install any signs on the Protected Land. 13. Public Access. No right of access by the public to any portion of the Protected Land lS conveyed by this Conservation Easement. 14. Reserved Rights. The Owner reserves all rights accruing from their ownership of the Protected Land including, without limitation, the right to engage in or allow others to engage in all activities or uses of the Protected Land that are not prohibited or limited by this Conservation Easement, the right to exclude all or any of the public from the Protected land and to sell or transfer all or part of the Protected Land subject to this Conservation Easement. The Owner shall inform all others who exercise any right by or through them on the Protected Land of the terms of this Conservation Easement. The Owner shall incorporate by reference the terms of this Conservation Easement in all deeds or other legal instruments by which they transfer any interest, including a leasehold interest, in all or part of the Protected Land. 15. Costs and Liabilities. The Owner retains all obligations and shall bear all costs and liabilities of any kind accruing from their ownership of the Protected Land including the following responsibilities: A. The Owner shall remain solely responsible for the operation, upkeep, and maintenance of the Protected Land. The Owner shall keep the Protected Land free of all liens arising out of work performed for, materials furnished to, or obligations incurred by the Owner. B. The Owner shall pay all taxes and assessments levied against the Protected Land including any taxes or assessments levied against the interest of the Holder established by this Conservation Easement. The Holder may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Land or the COUNTY OF WASHINGTON ~ This instrument was acknowledged before me this (pT1+ l~ day of S~~ , 1996, by PERRI L. KAULS and DONNA~!\t" STENBERG, the CHIEF MANAGER and SECRETARY/TREASURER of - .~~ STILLWATER DENTAL ASSOCIATES, LLC, a Minnesota Limited Liability Company. ~ " This instrument was acknowledged before day of , 1996, by of the CITY OF STILLWATER, Municipal Corporation. Notary Public DRAFTED BY: Jeanne M. Anderson & Associates, Ltd. 226 E. Myrtle st. Stillwater, MN 55082 me this , the a Minnesota -. . . . .