Agenda - Parks and Recreation Commission - 04/14/2005 - Joint with EPTF

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CONVEYANCE OF CONSERVATION EASEMENT: Purs~ant to the laws of the State of Mirmesota and in particular Minnesota Statutes Chapter 84C and in consideration of the facts recited above and the mutual covenants contained herein and in fitrther consideration of the sum of $36,200.00 dollars and other valuable consideration, wa~T~mts to the City and assigns a perpetual conservation and trail easement over the Protected Property. This conservation easement consists of the following rights, terms and restrictions (the "Easement"): CONSERVATION PURPOSE. The purpose of this Easement is to preserve and protect in perpetuity the Conservation Values of the Protected Property identified above by confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities that significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Easement. The terms of this Easement are specifically intended to provide a significant public benefit by: · Preserving the open and natural character of the Protected Property for scenic enjoyment by the general public from views fi:om private properties and streets and by use of the general public when accessing the protected property by trail. · Providing wildlife a contiguous corridor for habitat which connects to other areas of openspace, streams and wetlands. o Protecting water quality by maintaining a natural buffer between Trott Brook and the adjoining land uses. LAND USE RESTRICTIONS. Any activity on or use of the Protected Property that is inconsistent with the purposes of this Easement is prohibited. This prohibition specifically includes any intrusion or future development that would interfere with the essential scenic quality of the Protected Property or the visual enjoyment of the open and natural character of the Protected Property by the general public. Except as specifically permitted in paragraph 3 below and without limiting the general prohibition above, restrictions imposed upon the Protected Property expressly include the following: 2.1. Industrial and Commercial Activity. No industrial or commercial use of the Protected Property is allowed except, a home business use may count the total area of the land, including the Protected Property for gross area computations as it may be necessary, or other use specifically permitted in paragraph 3 below.