Terra Glen Conservation Easement Agreement (reSe'ved for rerording purposes)
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Easement") is made this rL day of
M A- Y , 2004, by and between LUNDGREN BROS. CONSTRUCTION, INC., a
Minnesota corporation ("Lundgren Bros."); BCBSM, Inc., a Minnesota nonprofit corporation
dba Blue Cross Blue Shield of Minnesota ("Grantee"); and TERRA GLENN
HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation ("Association").
WITNESSETH:
A. Lundgren Bros. is the sole owner in fee simple of certain real property described
in Exhibit A and shown on Exhibit A-1 as located in the City of Eagan, Dakota County,
Minnesota ("Easement Area"). Lundgren Bros. acquired its interest in the Easement Area from
Grantee on the date of this Easement. The Association includes as members all fee title owners
of any portion of the Easement Area.
B. Grantee is the sole owner in fee simple of certain real property described in
Exhibit B and shown on Exhibit B-1 as located in the City of Eagan, Dakota County, Minnesota
("Benefitted Area").
C. As a condition of conveying the Easement Area to Lundgren Bros., Grantee
required that Lundgren Bros. and the Association enter into this Easement (1) to preserve and
protect the natural and scenic qualities, forested and open space character, and the vegetation and
wildlife (collectively "Conservation Values") of the Easement Area and (ii) to grant certain
rights in favor of Grantee to preserve and protect the Conservation Values on the Easement Area
in perpetuity and to prevent or remedy subsequent activities or uses inconsistent with the terms of
this Easement.
NOW THEREFORE, in consideration of good and valuable consideration paid by
Grantee, the receipt and sufficiency of which is hereby acknowledged, Lundgren Bros. and the
Association grants unto Grantee a permanent conservation easement for the purposes set forth in
this instrument, over, under, and across the Easement Area of the character and to the extent set
forth herein.
3415[010674.10
3115104 RECEIVED MAY 8 2004
1
1. Intent. The parties intend to permanently retain the Easement Area in its predominantly
open and wooded, natural and scenic condition and to prevent or remedy any subsequent
activity or use that significantly impairs or interferes with the Conservation Values of the
Easement Area. Any owner of a fee interest in any portion of the Easement Area shall be
referred to herein singularly and collectively as "Owner". Owner shall restrict all
subsequent use of the Easement Area to activities consistent with the ten-ns of this
Easement.
2. Grantee's Rights. To accomplish the parties' intent, as of the date hereof, Lundgren Bros.
and the Association convey the following rights to Grantee as specified below:
a. Grantee may enter the Easement Area at reasonable times to monitor subsequent
activities and uses and to enforce the terms of this Easement. Grantee shall give
reasonable notice to the appropriate respective Owner of the portion of the
Easement Area being entered of each such entry; provided, however, if Grantee
has not been sent notice hereunder of such Owner's notice information, Grantee
may give such notice to the Association in lieu thereof.
b. Grantee may act in accordance with and pursuant to the terms of this Easement to
prevent or remedy all subsequent activities and uses of the Easement Area not
consistent with the terms of this Easement.
3. Prohibited Uses. Lundgren Bros. and the Association for themselves, their heirs.
successors, and assigns (including each Owner), agree that the following are prohibited in
perpetuity on the Easement Area, without the prior written consent of Grantee.-
a.
rantee:a. Constructing, installing, or maintaining buildings, structures, or improvements of
any kind, including playground equipment, fences, driveways, parking lots, or
roads_ The parties acknowledge that this prohibition does not apply to mutually
agreed upon trails for mutually agreed upon non-motorized recreational activities
("Trails").
b. Cutting, removing, or altering trees or other vegetation, except (1) noxious or
invasive weed, plant or tree control, (ii) removal and/or pruning of dead, damaged
or diseased trees or other vegetation, or trees or other vegetation that pose a threat
to property or persons; (iii) as reasonably required to construct and maintain the
mutually agreed upon Trails; or (iv) as required by a governmental agency.
C. Excavation or filling.
d. Application of fertilizers, whether natural or chemical.
e. Application of chemicals for the destruction or retardation of vegetation, except
for the control of noxious or invasive vegetation as required by a governmental
agency.
M I:1010674.10
3115/04 2
f. The deposit of waste, yard waste, or debris, except for leaves that have fallen onto
the Easement Area from trees within property adjacent thereto.
g. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
h. Outside storage of any kind.
i. Agricultural operations.
J. Erection of any signs or billboards, except that with the prior written approval of
Grantee, the Association may erect or install signs (1) announcing that the
Easement Area is subject to this Easement; (ii) the activities or uses pennitted by
the terms of this Easement; (iii) designating the boundaries of or directions to the
Easement Area; or (iv) restricting entry to or use of the Easement Area. For all
signs permitted by this Paragraph, the location, number, and design must not
significantly diminish the natural and scenic qualities of the Easement Area and
must be mutually agreed upon by (a) Grantee and (b) the Association.
k. Activity detrimental to the preservation of the Conservation Values.
4. Commercial and Industrial Uses. No Owner shall (1) engage in commercial or industrial
activities on the Easement Area; (ii) engage in the exploration or extraction of soil, sand,
gravel, rock, minerals, hydrocarbons or any other natural resource on or from the
Easement Area; or (iii) grant rights-of-way on the Easement Area in conjunction with
commercial or industrial activities or residential development.
S. Utilitystd An Owner may maintain, repair, and replace existing utility systems on
the portion of the Easement Area owned by such Owner including, without limitation,
water, sewer, power, fuel, and communications lines and related facilities. No Owner
shall install new utility systems or extensions of existing utility systems, on the Easement
Area, including, without limitation, water, sewer, power, fuel, and/or communications
lines and/or related facilities, without the prior written approval of Grantee, which
approval will not be unreasonably withheld.
G. Surface Alteration. No Owner shall alter the surface of the Easement Area including,
without limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other
material.
7. Soil and Water Degradation. No Owner shall engage in activities or uses that cause or are
likely to cause soil degradation or erosion on the Easement Area, either on the surface or
underground. Grantee acknowledges that each Owner may install a retaining wall on
portions of the land adjacent to the Easement Area owned by such Owner, and Grantee
shall consent thereto so long as said wall does not cause soil degradation or erosion on the
Easement Area.
M 1:1010674.10
3115104 3
8. Water Bodies and Courses. No Owner shall alter existing bodies of water or water
courses or wetlands or construct new bodies of water or water courses or wetlands on the
Easement Area, except as reasonably required for the activities or uses permitted by the
terms of this Easement, or to enhance wildlife habitat or water quality when approved in
writing by Grantee and all applicable governing authorities.
9. Public Access. No right of access by the public to any portion of the Easement Area is
conveyed by this Easement.
10. Costs and Liabilities. Each Owner shall retain all obligations and shall bear all costs and
liabilities of any kind accruing from its ownership of any portion of the Easement Area,
including without limitation the following responsibilities.
a. Each Owner shall remain solely responsible for the upkeep and maintenance of
the portion of the Easement Area owned by such Owner.
b. Each Owner shall remain solely responsible for maintaining liability insurance for
the portion of the Easement Area owned by such Owner.
11. Enforcement. if Grantee finds at any time that an Owner has breached or may breach the
terms of this Easement, Grantee may give written notice of the breach to the defaulting
Owner and to the Association, which such notice shall demand action to cure the breach
including, without limitation, restoration of the Easement Area to the condition required
hereunder. If the defaulting Owner or the Association does not cure the breach within
thirty days of notice, Grantee may commence an action to (1) enforce the terms of this
Easement, (ii) enjoin the breach, ex parte if needed, either temporarily or permanently,
(iii) recover damages, (iv) require restoration of the Easement Area to its condition prior
to the breach, and (v) pursue any other remedies available to it in law or equity. If
Grantee determines that immediate action is needed to prevent or mitigate significant
damage to the Easement Area, Grantee may pursue its remedies under this Paragraph
without written notice or without giving the defaulting Owner or the Association time to
cure the breach. In addition to all other remedies, Grantee may recover from such
defaulting Owner all of its costs incurred as a result of such Owner's default, including
without limitation attorney's fees. If any such defaulting Owner fails to pay Grantee such
costs within thirty days of written demand therefor, Grantee is entitled to have the
Association reimburse Grantee for such costs. Grantee shall, in addition, have the right to
pursue any other remedy at law or in equity against such defaulting Owner or the
Association. Any seller or buyer shall be entitled to a statement, in recordable form, from
the Grantee setting forth the amount of the unpaid costs hereunder against such portion of
the Easement Area. The Association shall have the right to recover costs from the
defaulting Owner by liens and assessments.
12. Waiver. The enforcement of the terms of this Easement is subject to Grantee's discretion.
A decision by Grantee not to exercise its rights of enforcement in the event of a breach of
a term of this Easement shall not constitute a waiver by Grantee of such term, or orally
subsequent breach of the same or any other term, or any of Grantee's rights under this
M I:1010674.10
3115/04 4
Easement. The delay or omission by Grantee to discover a breach by an Owner .or to
exercise a right of enforcement as to such breach shall not impair or waive its rights of
enforcement against any Owner.
13. Acts Beyond Owner's Control. Grantee shall not exercise its respective rights of
enforcement against Owner for injury or alteration to the Easement Area resulting from
causes beyond the reasonable control of Owner including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken by Owner under emergency
conditions to prevent, abate, or mitigate significant injury or alteration to the Easement
Area resulting from such causes.
14. Notices. Any notice or other communication that Owner or Grantee wishes to or must
give to the others shall be in writing and either served personally or sent by first class
mail, postage prepaid, to the following addresses or such other address as any party shall
designate by written notice to the others:
LUNDGREN BROS.: Lundgren Bros. Construction, Inc.
East Wayzata Boulevard
Wayzata, MN 55391
Attention: David A. Hinners
Fax No.: (952) 473-7401
ASSOCIATION: Terra Glenn Homeowners Association, Inc.
Lundgren Bros. Construction, Inc.
East Wayzata Boulevard
Wayzata, MN 55391
Attention: David A. Hinners
Fax No_: (952) 473-7401
OWNERS OTHER At such Owners' addresses within the Easement
THAN LUNDGREN BROS.: Area, so long as Grantee is notified in writing of
such addresses in accordance herewith.
GRANTEE: BCBSM, Inc., d/b/a
Blue Cross Blue Shield of Minnesota
1800 Yankee Doodle Road
Eagan, Minnesota 55121
Attention: Roger W. Kleppe
Fax No.: (651) 662-1813
With a copy to: BCBSM, Inc., d/b/a
Blue Cross Blue Shield of Minnesota
1800 Yankee Doodle Road
Eagan, Minnesota 55121
Attention: Scott D. Johnston
Fax No.: (651) 662-1099
M1:1010674.10
3115/04 5
1 G. Governing Law and Entire Agreement. This Easement shall be governed by the laws of
Minnesota. This Easement sets forth the entire agreement of the parties and supersedes
all prior discussions.
17. Amendment. The parties may amend this Easement provided that such amendment (1)
shall not impair or threaten the Conservation Values of the Easement Area, and (ii) sliall
not affect the perpetual duration of this Easement.
18. Bindinp, Effect. The covenants, conditions, obligations and other terms of this Easement
shall run with the Easement Area and Benefitted Area in perpetuity, and shall be binding
upon and inure to the benefit of Grantee, the Owners, and their respective successors,
heirs, personal representatives and assigns who become an owner of a fee interest in any
portion of the Easement Area and/or Benefitted Area. Each Owner now or hereafter
owning any portion of the Easement Area shall be liable for performance of all covenants,
obligations and undertakings herein set forth with respect to any portion of the Easement
Area owned by such Owner, during the period of its ownership. Any liability arising
hereunder before such Owner ceases to be an Owner of the Easement Area shall not be
terminated but shall continue until such liability is satisfied. Owners shall not be liable
for any obligations arising during any period during which such Owner did not own ally
portion of the Easement Area; provided, however, each Owner shall be obligated to cure
any ongoing and continuing defaults of such Owner's obligations under this Easement
that initially occurred during such Owner's ownership of a portion of the Easement Area.
and provided that nothing herein shall be construed to alter or impair Grantee's and/or the
Association's right to pursue any prior Owner for damages relating to such prior Owner's
default under this Easement.
19. Counterparts. This Easement may be executed in any number of counterparts each of
which shall be an original and all of which taken together shall constitute one and the
same agreement.
[THE REMAINDER OF THIS PAGE SHALL REMAIN BLANK.]
M 1:1010074.10
3/15/04 6
IN WITNESS WHEREOF, the parties hereto have executed this Easement to be effective
as of the day and year first above written.
LUNDGREN BROS. CONSTRUCTION, INC., a
Minnesota corporation
By:
David A. Htnners
Its: Vice President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPINAjo )
The foregoing instrument was acknowledged before me this gi�I�A- day of
r , 2004, by David A. Hinners, the Vice President of Lundgren Bros.
Con truction, Inc., a Minnesota corporation, on behalf of the corporation.
Nk dEA E-ME M.Md.AUGHUN
�C r
Pubse Nf ARY PUBLIC
Minnesota
My Commgsion Exons Jan 31 2005
[SIGNATURES CONTINUE ON NEXT PAGE]
M 1:1014474.10
3115104 7
BCBSM, INC., a innesota no rofit corporation
By: /
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF oar x
The foregoing instrument was acknowledged before me this day of �
2004, by ,(WQQan I� a,� _ JP,( H2 , of BCBSM,
Inc., a Minnesota nonprofit corporation, on behalf of th cc corpora
` LORI J. CUMMINGS << 11'1
NOTARY w3L1c-IM SES-0 NOTARY PUBLIC
NJ.
ti
[SIGNATURES CONTINUE ON NEXT PAGE]
M 1:1010674.10
3115/04 8
TERRA GLENN HOMEOWNERS ASSOCIATION,
INC., a Minnesota nonprofit corporation
By:
Name: �• /�V�c/
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF 1n
The foregoin ins me t was acknowledged before me this day of Ir►
2004, by D/[�}rit , the e d of Terra
Glenn Homeowners Association, Inc_, a Mirniesota nonprofit corporation, on behalf of the
corporation_
,�ANE7TE Mn AAd.At1GHL
QVe TARY PUBLIC
uw Cm 'SSW b*el jail 31 nm
DRAFTED BY:
Faegre & Benson LLP (PJB)
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402
Phone: (612) 766-7000
M 1:1010674.10
M 1:1010674.10
3115104 9
EXHIBIT "A"
TO
CONSERVATION EASEMENT AGREEMENT
LEGAL DESCRIPTION OF EASEMENT AREA
The Northwesterly 20.00 feet of Lot I, Block 1, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota
AND
The Northwesterly 20.00 feet of Lot 2, Block 1, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota
AND
The Westerly 20.00 feet of Lot 3, Block 1, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota
AND
The Westerly 20.00 feet of Lot 4, Block 1, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota
AND
The West 20.00 feet of Lot 5, Block 1, TERRA GLENN ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota
AND
The West 20.00 feet of Lot 6, Block 1, TERRA GLENN ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota
AND
The West 20.00 feet of Lot 7, Block I, TERRA GLENN ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota
AND
The Westerly 20.00 feet of Lot 8, Block I, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota
AND
The Westerly 20.00 feet of Lot 9, Block 1, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota
AND
The Westerly 20.00 feet of Lot 10, Block 1, TERRA GLENN ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota.
M1:1010674.10
3115/04 10
EXHIBIT "A-1"
TO --- — - — — - -- -- - - - -
CONSERVATION EASEMENT AGREEMENT SLY ROAD No. 119 —
(YANKCC DOODLE ROAD)
DRAWING DEPICTING CONSERVATION EASEMENT AREA '
o �
Jo I
c
H
2d
N i
CONSERVATION EASEMENT AREA yN'
A
' 1
O v
1
1 1 ceryl
:%'
--- --- �� � '\y Q r
/' u ,
0 ` w �0\
Ln
�
-James
5 5 I f I i 1 14
5
I
Terra Glenn =__ _ R. Hid[, Inc.
=
t� $g 2q ! a.tirau Ra6i6it -- v1ANoa/aawa/SAAW K
4 s.
Lundfren Bros. Cooslruct]on
EXHIBIT "B"
TO
CONSERVATION EASEMENT AGREEMENT
LEGAL DESCRIPTION OF BENEFITTED AREA
Lots 1, 2, and 3, Block 1, BLUE CROSS ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota.
AND
The West 300 feet of the East 1022-20 feet of the North 183.00 feet of the Northwest Quarter of
the Northwest Quarter of Section 16, Township 27, Range 23, Dakota County, Minnesota.
AND
Outlot A, BCBSM EAST ADDITION, according to the recorded plat thereof, Dakota County,
Minnesota.
AND
That part of the West Half of the Northwest Quarter of Section 16, Township 27, Range 23,
Dakota County, Minnesota, EXCEPT the West 300 feet of the East 1022.20 feet of the North
183.00 feet of the Northwest Quarter of the Northwest Quarter of Section 16, Township 27,
Range 23, Dakota County, Minnesota, Also EXCEPT that part platted as BCBSM EAST
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying west and
north of the following described line.
Commencing at the northeast corner of said West Half of the Northwest Quarter; thence
North 89 degrees 44 minutes 16 seconds West, assumed bearing along the north line of
said West Half of the Northwest Quarter, a distance of 355.03 feet to the point of
beginning of the line to be described; thence South 00 degrees 27 minutes 30 seconds
East a distance of 307.15 feet; thence South 30 degrees 33 minutes 09 seconds East a
distance of 179.31 feet; thence South 22 degrees 47 minutes 10 seconds East a distance
of 81.19 feet; thence southeasterly a distance of 6.29 feet, along a tangential curve,
concave to the southwest, having a central angle of 01 degree 53 minutes 53 seconds
and a radius of 190.00 feet; thence South 66 degrees 22 minutes 15 seconds West, not
tangent to last described curve, a distance of 163.14 feet; thence South 30 degrees 34
minutes 03 seconds West a distance of 162.24 feet; thence South 14 degrees I 1 minutes
46 seconds West a distance of 136.16 feet; thence South 00 degrees 27 minutes 30
seconds East a distance of 500.85 feet; thence South 07 degrees 17 minutes 46 seconds
East a distance of 109.33 feet; thence South 21 degrees 24 minutes 49 seconds East a
distance of 233.63 feet; thence South 47 degrees 33 minutes 03 seconds West a distance
of 1158.17 feet; thence northwesterly a distance of 85.85 feet, along a non-tangential
curve, concave to the northeast, having a central angle of I 1 degrees 18 minutes 28
seconds, a radius of 435.00 feet and a chord bearing of North 29 degrees 56 minutes 04
seconds West to the west line of said West Half of the Northwest Quarter and said
described line there terminating.
12
.................
EXHIBIT "B-1" ... ........
TO •
CONSERVATION EASEMENT AGREEMENT
DRAWING DEPICTING BENEFITTED AREA
BENEFITTED AREA
40
C
BCBSM EAST ADDITION
Ca o 00 OUTLOT A
p4l
BCBSM EAST ADDITION
\i LOT 1, BLOCK 1;
OF
U!
9
... ... ...
...•...... EXCEPTION BCBSMl E: AST ADDITIO"N:'
OUTLOT B xE
----------
0: co:c�
c
r—D. C: ct: c!1-:i
7,
5a
IQ