689 Marie Ct - Conservation EasementReceipt:# 680334 3381101
EASE $46.00 1111111111111111111111111111111111
Return to: ' " r; n
CITY OF LAKEVILLE -
20195 HOLYOKE AVE Recorded on: 7/112020 2:00 PM
LAKEVILLE MN 55044— By CGK, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
CONSERVATION EASEMENT
Please record and return
to the City of Eagan.
This Conservation Easement ("Easement") is made this 'I I day of M- , 2020,
by NBD Properties, LLC, a Minnesota limited liability company (hereinafter collectively the
"Landowner"), and the City of Eagan, a municipal corporation, organized under the laws of the
State of Minnesota (hereinafter referred to as the "City").
WITNESSETH:
That the Landowner, in consideration of the sum of one Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby grant and convey unto the City, its successors and assigns, a permanent
conservation easement for the purpose of preserving and protecting the natural character of
the easement area, over and across the following described property, to -wit:
That part of Lot 3, Block 1, Schramm Meadows, City of Eagan, Dakota County,
Minnesota described as follows: Beginning at the Southeast Corner of said Lot 3;
�... thence North 62 degrees 43 minutes 12 seconds West, along the Northeast line of
said Lot 3, a distance of 292.99 feet; thence South 26 degrees 13 minutes 08
seconds West, a distance of 11.16 feet; thence South 11 degrees 55 minutes 41
seconds West, a distance of 64.46 feet; thence South 27 degrees 12 minutes 59
(� seconds East, a distance of 73.51 feet to the South line of said Lot 3; thence North
89 degrees 01 minutes 32 seconds East, along said South line, a distance of
245.07 feet to the point of beginning.
C
Together with:
That part of Lot 4, Block 1, Schramm Meadows, City of Eagan, Dakota County,
Minnesota described as follows: Beginning at the Southeast corner of said Lot 4;
thence North 62 degrees 43 minutes 12 seconds West, along the Southerly line of
said Lot 4, a distance of 292.99 feet; thence North 26 degrees 13 minutes 08
seconds East, a distance of 65.36 feet; thence North 58 degrees 03 minutes 31
seconds East, a distance of 36.17 feet; thence South 88 degrees 33 minutes 36
seconds East, a distance of 63.53 feet; thence South 68 degrees 10 minutes 02
seconds East, a distance of 34.42 feet; thence South 54 degrees 59 minutes 33
seconds East, a distance of 23.56 feet; thence South 40 degrees 07 minutes 09
seconds East, a distance of 27.10 feet; thence South 28 degrees 58 minutes 04
seconds East, a distance of 141.65 feet to the East line of said Lot 4; thence South
00 degrees 00 minutes 27 seconds East, along said East line, a distance of 39.49
feet to the point of beginning.
See also, Exhibit "A" attached hereto and incorporated herein.
(hereinafter referred to as the "Easement Area.")
CONSERVATION RESTRICTIONS. The Landowner, for itself, and its successors
and assigns, covenants and agrees that it shall not itself perform nor shall it give permission to
any third party to perform any of the following activities within the Easement Area:
A. Constructing, installing, storing or maintaining anything made by man,
including but not limited to, buildings, structures, fences, walkways, clothes
line poles and playground equipment;
B. Parking of vehicles;
C. Planting of gardens, trees, shrubs, bushes or other landscaping vegetation;
D. Storage of firewood; or
E. Clear -cutting or removal of native vegetation or trees; except the permitted
activities listed as items 1, 2 and 3 below.
The Landowner, for itself and its successors and assigns, further covenants and
agrees that the Easement Area shall be continued in its present condition, save and except as
may be required to:
1. Control, manage and eliminate noxious weeds and prohibited invasive species.
"Noxious Weeds," both "primary" and "Secondary" as defined, adopted and listed
by the Dakota County Soil and Water Conservation District, shall be removed,
but only in accordance with recommended and accepted control methods.
Vegetation that is considered to be a nuisance (e.g., overhanging, damaged or
dead limbs or vegetation protruding through fences), or presents a real or
potential hazard to people or property, may be trimmed in accordance with
accepted standards;
2. Allow the City to use and exercise its easement rights to that portion of the
Easement Area that may be or is encumbered by a drainage and utility easement
(whether platted or otherwise); or
2
3. Allow any federal, state or local government agency, other than the Landowner,
which may have jurisdiction over the Easement Area to enforce any rule,
ordinance, statute or regulation, with respect to the conservation easement granted
by this Easement. This Easement does not convey a right to the public use of the
Easement Area, nor does it convey any right of possession in the Easement Area to
the public.
Landowner, its successors and assigns does covenant with the City, its successors and
assigns, that it is the Landowner of the premises aforesaid and ha good right to grant and convey
the Easement to the City.
IN TESTIN40NY WHEREOF, the Landowner has caused this Agreement to be
executed as of the day and year first above written.
(Signaturepages to follow)
3
Conservation Easement
Schramm Meadows
(Signature Page for Landowner)
NBD Properties, LLC, a Minnesota limited
liability company
r
By:
9, b—
B'rian L. Thorson
Its: President
STATE OF MINNESOTA )
SS
COUNTY OF
The foregoing instrument was acknowledged before me this 4l s� day of
FIAT , 2020, by Brian L. Thorson, the President of NBD Properties, LLC, a
Minneso imited liability company, on behalf of the limited liability company.
AAA
KRISTEN B. REWALT
Notary Public
State of Minnesota
k W-4 My Commission Expires
January 31, 2025
4
Notary Public
Conservation Easement
Schramm Meadows
(City's Approval Page)
APPROVED AS TO FORM:
City Attorney's Office
Dated: --57 t Iz_ o
APPROVED AS TO CONTENT:
a=::�2 ,, I)& ��
Public Works DeVartment
Dated: �A.m2,z
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST,
HILLS & BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 953-8847
(RBB: 206-41235/Easement No. 1353)
DEVELOPMENT SUMMARY
EXISTING ZONING: AC
PROPOSED ZONING: R-1, RESIDENTIAL SINGLE DISTRICT
EXISTING %ETLAND - 33.018 SF 0.76 ACRES
PROPOSED CONSERVATION EASEMENT - 45,982 SF 1.06 ACRES
PROPOSED LOTS - 7
PROPOSED OULOTS - 0
PROPOSED R.O.W. - 36,523 SF
GROSS AREA - 221,623 SF 5.08 ACRES
GROSS UNIT DENSITY - 1.4 GOTS/ACRE
PROPOSED LOT DIMFNSONS
. MINIMUM LOT AREA 12,000 SF
MINIMUM LOT WIDTH 70 Fr
FRONT YARD SETBACK 30 FT
DODD ROAD SETBACK 40 Fr (MINOR COLLECTOR)
SIDE YARD SETBACK 3 do 10 Fr
REAR YARD SETBACK 15 FT
WETLAND BUFFER 20 FT
WETLAND BUFFER SETBACK 25 FT
MAXIMUM BUILDING COVERAGE 20%
DXwN AWAND UTILITY EASEMENTS
ARE SHOWN THt18:
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DENOTES CONSERVATION EASEMENT
CONSERVATION EASEMENT DESCRIPTION
LOT 3
LOT 4
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BENCHMARK
MNDOT MONUMENT 198YAX NEAR THE
INTERSECTION OF BEECHER DRIVE AND
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DENOTES CATCH BASIN
pq DENOTES WATER VALVE
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SANMH DENOTES SANMARY MANHOLE
DENOTES BITUMINOUS SURFACE
7 DENOTES CONCRETE SURFACE
DENOTES SETBACK UNE