2003-090 Council Resolution - Laserfiche WebLink

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minimally contain the words `Boundary of Wetland Bank Area - Subject to Perpetual Conservation • Easement Restrictions — Contact MN Board of Water and Soil Resources or Local Soil and Water Conservation District for Further Information." Said monuments must be made of non - degradable material and shall be at least four feet in height. 4. Grants to the LGU, the State, and the agents and employees of the LGU and the State, reasonable access to the Bank Area for inspection, monitoring and enforcement purposes. The LGU, the State, and the agents and employees of the State are hereby granted a perpetual ingress and egress easement ( "Access Easement ") for access to and from the Bank Area. The Access Easement shall be over and across the area ( "Access Area ") that is specified on Exhibit A attached hereto and made a part hereof or, if not specified on Exhibit A, the most reasonably direct and convenient route between the Bank Area and a public road. If all or any part of the Access Area is owned by a person or entity other than Grantor, then the owner has joined in this Easement for purposes of granting the Access Easement by signing below. The signed written consent and subordination of all other holders of interests in the Access Area has been or will be obtained by Grantor and recorded in the same manner as specified in paragraph 5 below. This Easement grants no access to or entry to the Real Property, the Bank Area, or the Access Area to the general public. 5. Represents that Grantor is (a) the fee owner of the Real Property and (b) the applicant under the replacement plan or bank plan, if different from the fee owner. 'Grantor represents that all other parties who may have. an interest in the Real Property (e.g., mortgagees, contract for deed vendees, holders of easements, etc.) have consented and subordinated their interests to this Easement • by signing below. If it is determined at any time that there is any other party who may have an interest in the Real Property that is prior to this Easement, then Grantor shall immediately obtain and record a consent and subordination agreement signed by such other party. Acceptance of this Easement does not release Grantor from the obligation to obtain and record a consent and subordination agreement signed by any party who may have an interest in the Real Property that is prior to this Easement, even if such interest was of record at the time of acceptance. 6. Will record this easement at Grantor's expense in the real property records of the county where the Real Property is located. Said recording shall take place within 30 . days of the State's acceptance of this Easement. The Grantor shall provide the original copy of the recorded easement to the State prior to making any credits from this bank available for sale or use. • 7. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 8. . Acknowledge that, unless expressly authorized in writing by the LGU in the approved bank plan, Grantor. (a) Shall not produce agricultural crops on the Bank Area, except that this provision does not restrict the harvest of the seeds of native vegetation if only the seed -head is removed in the process of harvest and does not involve the use vehicular, motorized equipment; Shall not cut hay, mow vegetation or cut timber on the Bank Area except as allowed or prescribed in the Bank Plan; Page3of6 (b) BWSR Form: wca- bank -06 (easement).doc Revised 2/12/03