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Conservation Easement 08-23-1994`JJGUJ I I/ INSTRUMENT made this 23rd day of Aum st 11994 by and between Patrick J. Minger and Karen c. Minger hereinafter referred to as "Grantor(s)", and the CITY Of CHANHASSEN, a Minnesota municipal corporation ("City"). WITNESSETH: The Grentor(s), In consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which Is hereby acknowledged, grant unto the City a permanent conservation easement for the purposes eat forth In this Instrument, over, under, and across the premises described In the attached Exhibit A ("subject property"). 1. Grantor(s) for themselves their heirs, successors, and assigns, agree that the following are prohibited In perpetuity on the subject property. A. Constructing, Installing, or maintaining anything made by man, Including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency. C. Excavation or filling D. Application of fertilizers, whether natural or chemical. V E. Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. 10571CHAN FORM RNMON0444 G. The application of herbicides, pesticides, and Insecticides, except for noxious weed control by or as directed by a governmental agency. W. Outside storage of any kind. 1. Activity detrimental to the preservation of the scenic beauty, vegetation, end wildlife. 2. Grantor(s), for themselves, their heirs, successors, and assigns, further grant the City the affirmative right, but not the obligation to do the following on the subject property: (SEAL) 1455r:CHAN FOAM ANK5N4101144 A. Preserve, Improve, and enhance the slope, tress, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. S. Enter upon the subject property at any time to enforce compliance with the terms of this Instrument, 2 GRANTORM: QQL- Patrick J.' ger aren C. Ming CITY OF CHANHASSEN BY., 00, AND STATE OF MINNESOTA 1 COUNTY OF m The foregoing instrument was acknowledged before me this day of l�%uGUST , 'jg±//- , by ed 7-&/Z -- T. id�iNG�2 A/✓O �i7/ZEiv L° ia�is✓GE,/L husband and wife. : r ELAINE J.ROESER NOTARY PUBLIC -MINNESOTA - CARVER COUNTY . My Comm Ez M SePt 26.1996- STATE OF MINNESOTA ► Iss. COUNTY OF CARVER I �/� The foregoing instruln nt w a���knowiedged before me this W4 day of Mayo, > 19g�9by [don"�Sa [ and by Don Ashworth, respectively the Aer,NG, and City Manager of the City of Chanhassen, a Minnesota municipal oorporetion, on behalf of the corporation and pursuant to the authority granted by Its City Council. !, 1w'il c WE DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eaggndele Office Center 1380 Corporate Center Curve Eagan, Minnesota 55124 (612) 452-5000 RNK:srn ft 165571CHM FOAM 3 RNKrrDIM21" KAREN J. ENGELHAROT + I NOTARY PUBLIC—MINNESOTA i CARVER COUNTY I I My Commission Expires OCT 16.1997 1 3 EXHIBIT A MINGER ADDITION PROPOSED TREE CONSERVATION EASEMENT LEGAL DESCRIPTIONS The north 50 feet of Lot 1, Block 1, MINGER ADDITION. The north 50 feet of Lot 2, Block 1, MINGER ADDITION. The north 50 feet of Lot 3, Block 1, MINGER ADDITION. The north 50 feet of Lot 4, Block 1, MINGER ADDITION. The north 50.00 and east 50.00 feet of Lot 5, Block 1, MINGER ADDITION. The east 50 feet Lot 6, Block 1, MINGER ADDITION. The east 30 feet Lot 7, Block 1, MINGER ADDITION. The east 40 feet and the south 50 feet of Lot 8, Block 1, MINGER ADDITION. The south 50 feet of Lot 9, Block 1, MINGER ADDITION. The westerly 50 feet of Lot 10, Block 1, MINGER ADDITION. The westerly 50 feet of Lot 11, Block 1, MINGER ADDITION. The south 45 feet of the east 60 feet of Lot 12, Block 1, MINGER ADDITION. The southerly 115 feet Lot 13, Block 1, MINGER ADDITION. The northeasterly 40 feet Lot 14, Block 1, MINGER ADDITION. The northeasterly 50 feet Lot 15, Block 1, MINGER ADDITION. The easterly 80 feet and the south 50 feet of Lot 16, Block 1, MINGER ADDITION. The south 50 feet of Lot 17, Block 1, MINGER ADDITION. CONSENT TO CONSERVATION EASEMENT STATE BANK OF CHANHASSEN, which holds a mortgage on all or part of the property more particularly described in the foregoing Conservation Easement, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do(es) hereby join in, consent, and is subject to the foregoing Conservation Easement. STATE BANK OF CHANHASSEN BY:xe�lzl Its Bei, y AND/ STATE OF MINNESOTA } ) ss. COUNTY OF e4kl Q/(/ ) The foregoing instrument was ack owledged before me this �F day of 1994, by ?wand by aur4�/%1 rnu�n�-Dom• the _ and OA4t U-00. of State Bank of Chanhassen, on its behalf. D_.._..,..., ..�.. " `°' JEAN M. TIMP �...i f ':. NOTARY PUBL164NNEwm 1 I CARVER COUNTY j V t`�•yfY my Comm. Ex Sep[. 25. 1998! i pins DRAFTED BY Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SRN 17729 09)09/94 NOTARY PUBLIC CMAN:NINGER ADDITION CONSERVATIDN EASEMENT 4 I IS NOTA LEGALLY RECORDED PLAT. t MAP IS A COMPILATION OF RECORDS 'HEY APPEAR IN THE CARVER COUNTY ICES AND OTHER SOURCES. THIS MAP NLY TO BE USED FOR REFERENCE POSES. THE COUNTY AND ITS AGENTS NOT RESPONSIBLE FOR ANY CCURACIES CONTAINED THEREIN, ROY KELM 8K 62, R 440 OurCOT A /29 jj-�`GGR,5 30 31 r m 32 A 33 TRAIL i• 1 � 66 a L =©d w FIRST BANK NAT. ASSOC. ' �— DOC. No. 110579 OUTLOT B o rn 14 \ a a O 00 e� "- 15 8K 132, P 227 OUTLOT RO S ' " OUTLOTF T' e� 09 Ps oHM/o r �O/ ,rD 8\ 0 4' f GERALD GUSTAFSON SK 108, E 458 1 8 STONE CREEK 2rld ADD. s82^3 2 OUTLOT E K I 2 A4 r 15 16 It 12 SSONE C 9,y STONE CREEK LANE WES1 . F 2. S O lE 7 M d 1