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HomeMy WebLinkAbout032-1018-40-000(3) S T. C R O L :`y 0=0 U N T Y Land Planning&Land Information e Resource Management Community Development Department May 22,2014 File#: LU88252 Family First Farms LLC c/o Josh Hansen 300 2215`Ave. E : I' LL U P Y Somerset, WI 54025 Land Use Permit for Parcel#0731.19.91A,Town of Somerset Site Address: same as above Community Development Department(CDD)staff have reviewed your application submitted on April 29,2014 for filling and grading an area<10,000 sq. ft.and>40 ft. to bluffline to construct a patio and retaining walls during the summer of 2013. This after-the-fact permit will resolve a zoning violation. Staff determined that the project has met the spirit and intent of the St. Croix County Lower St. Croix Riverway Overlay District ordinance based on the following findings: Code References Project Standards&Re uirements 17.36.F.2.a.2) Filling and grading<10,000 sq. ft. outside slope preservation zone and>40 ft.to bluffline is allowed with land use permit. 17.36.H.5.a. &b. The filling to build patio and retaining walls met standards 17.36.H.7.a.2)& Stormwater management for accessory structures>I 00 sq. ft.must include a plan to infiltrate 7.d.1)-5) 100% of runoff for a 1.5-inch rainfall event. Runoff from the patio area is assimilated in an extensive grassed yard and is not a source of erosion problems based on site CDD staff inspection. 17.36.F.2.a.1) Existing conforming principal dwelling on the property is>40 ft.to bluffline and recent site visit documented the roof and interior were being repaired/remodeled. This complies with allowable"ordinary maintenance and repair"and does not need any additional zoning permits,but must comply with building code and National Park Service approval.(This property is subject to a conservation agreement with the National Park Service and all projects must comply with restrictions contained in that document. 17.36 G.5.c.2)a) All siding, shingles,trim,and other appurtenances of the structure, including the roof, shall and 17.36 H.1 be earth tone in color and of a non-reflective nature(except for windows)so as not to be visually conspicuous from the St. Croix River. 17.36.F.2.a.9) The deck(accessory structure)constructed on a bluffline overlooking the lodge buildings is not included in this permit application or approval. Its nonconformity with regard to the required 40' structural setback will be determined at a June 5,2014 on-site meeting. Based on these findings, approval of the land use permit is subject to the following conditions: Compliance Conditions for permit approval& compliance Date The applicant is responsible for maintaining storm water management standards by directing runoff from the patio and existing house roof into grassed areas>40 ft. from the bluffline. The applicant shall obtain all applicable Federal, state, and/or local permits and approvals required for any activities on this property that are subject to Riverway ordinance. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/­­­S-tcro/"Xcountywi cdd(o)co.saint-croix.wi.us Community Development Department Pa g e 2 Within 30 days of substantially completing the house repair work,the applicant shall provide certification that work was done in compliance with Sections 17.36 G.5.c.2)a)and 17.36 H.1. An e-mail with photo attachments of the completed exterior of the house as viewed fro- all -angles will be sufficient. Failure to comply with the conditions above may result in the revocation of this permit pursuant to Section 17.36 J.8.b of the Ordinance This approval does not allow for any additional construction,structures or structural changes,grading, filling,or clearing of vegetation beyond the limits of this request. Your information will remain on file in the St. Croix County Community Development Department. It is your responsibility to ensure compliance with any other local,state,or federal rules or regulations,including obtaining a building permit from the Tow . Community Development Dept. uthorized Staff Signature Enc: Land Use Permit LU88252 Cc: Building Inspector,Town of Somerset Laura Hojem,National Park Service Mike Wenholz,WI DNR Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 __Fax_715 38.6 www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd(@coaaint-croix.wi.us - Pam Quinn From: Pam Quinn Sent: Wednesday, May 07, 2014 12:51 PM To: Josh Hansen (Josh @theadjustmentfirm.com) Cc: Todd Dolan (tdolan @allcroix.com) Subject: House renovation at 300 221st Ave. Hi Josh, Just wanted you to know your land use permit is being processed and I'll likely get it completed early next week. While we were out at the site and observed the renovations underway on the existing residence, I took time to measure its closest foundation wall to the bluffline. Good news, it is 45'from where the slope towards the river is>12%, so the house is a permitted conforming principal structure as long as it meets the standards in county ordinance 17.36.G.5.C.2.a (earth-tone colors,etc). So the"ordinary maintenance and repair" work that is being done on the exterior and interior of the house and replacement of the deck doesn't require any additional zoning permits. See you in June, Pam Quinn, Land Use Specialist (PO"W?SS) St. Croix County Community Development Dept. not Carmichael Road Hudson, tiVI 54016 715-386-4680 pam.quinn&co.saint-Croix.wi.us 1 ST CRO�WNTY LAND USE PERMIT File#: Za �o APPLICATION Office Use Only Revised 10-2013 Property Owner: F4+M; 1 1=�'(ST 1'*Q/�w S Contractor/Agent: So s1� o nu r Mailing Address: 3b 0 Ay Mailing Address: Daytime Phone: (BSI ) 26 cI Z 161 (01 Daytime Phone: ( ) p- '_9 t/ o Cell: (—� Cell: `( ,6% ) Lv g - ZY 1 g E-mail: ® Mv.. c E-mail: S o N••. ��'�' Site Address: %o o t-oc 4 A�t_, Property Location: 1/4, 1/4, Sec. , T. 3 N.,R. 1 W.,Town of 5ow►�'S�'M Computer#: 03Z _ 1 O 1 fS' - 4 0 _ O Parcel#: 01 3 )01 q Zoning District(Check one): 0 AG. 0 AG.II AG.RES. 13 RESIDENTIAL 0 COMMERCIAL 13 INDUSTRIAL Overlay District(Check all that apply): 13 SHORELAND ■ RIVERWAY 13 FLOODPLAIN 13 ADULT ENTERTAINMENT Type of Land Use Permit Request(Check one): 13 Animal Waste Storage Facility $550 0 Wireless Communication Tower(Co-location) $550 13 Nonmetallic Mining Operation $550 B Lower St. Croix Riverway District $350 0 Signage $350 13 Shoreland $350 Floodplain $350 13 Temporary Occupancy $350 n 0 E3 Livestock Facility $1,000 0 Other: 13 Permit processed in conjunction with a Land Division, Special Exception or Variance $50 State the nature of your request: P a�`►�o �, Q.vhp,Pw yw�� 'D 4) 1�,�• QA, Q WAJ ( 10,W D ��t {� �u Yl h Zoning Ordinance Reference /-7 33b . F 2,.q Z> I attest that the infor ati co ain d'i this application is true and correct to the best of my 4kqjTioqwle�Property Owner Si gnature: Date Contractor/Agent Signature: Date Complete Application Accepted:_/3U//V Bye Fee Received: $ Receipt 715-386-4680 ST.CROIX COUNTY GOVERNMENT CENTER 715-386-4686 FAX CDDCCO.SAINT-CROIX.WLUS 1 101 CARMICHAEL ROAD,HUDSON,W1 54016 www.sccwl.us1cdd I µT T United States Department of the Interior UJI '° National Park Service St. Croix National Scenic Riverway �'gRCN 9'�ea9 401 North Hamilton Street St.Croix Falls,Wisconsin 54024 IN REPLY REFER TO, January 15,2014 L1425 (SACN) Brad Hansen 300 221St Avenue Somerset, Wisconsin 54025 RE: LOSA 09-166 Dear Mr. Hansen: Thank you for visiting with both Lands Specialist Laura Hojem and Chief Ranger Mat Jacobsen on December 12, 2013 on your property located at 300 221St Avenue, Somerset Township, St. Croix County, Wisconsin. The National Park Service (NPS) purchased a scenic easement on a portion of this property in 1992. When you and your son Josh were at NPS Headquarters in February of 2013 we discussed this scenic easement and a copy of it and the deed were given to you for your reference. Please note paragraph 3 of the scenic easement which states, "The construction of additional single family dwellings, buildings, structures or development of any kind, the replacement of existing structures and the construction of accessory buildings, the installation of utilities and the construction of access roads necessary to the reasonable use and enjoyment of a dwelling will require a written request from the grantor to the National Park Service and receipt by the grantor of written approval from the National Park Service..." Several construction projects have been undertaken that have not been approved in advance by the NPS. The patio and retaining wall were reviewed by Lands Specialist Hojem and Chief Ranger Jacobsen and found to be in keeping with the scenic easement and will not negatively impact the view as seen from the river. The NPS feels that the patio and retaining wall, to include the railing around the patio with the rope inserts rather than Plexiglas or something more reflective, is permissible under the terms of the easement presently in effect on your property. The large deck, or deer stand as you call it, which was also built prematurely will take further investigation. Laura and Mat will make a second site visit in the spring to the actual location of this deck and determine the final outcome of this project approval at that time. Please note that our approval of the patio project, is also contingent on your compliance with other applicable local and state land use controls, and thus does not preclude or supersede any actions by those units of government. You must comply with any land use requirements of Somerset Township, St. Croix County, and the Wisconsin Department of Natural Resources, to whom copies of this letter are being sent. If you have any questions please call Lands Specialist, Laura Hojem at 715-483-2261, or email at laura_hojem @nps.gov. Your cooperation in the compliance with the terms of the scenic easement on your property is appreciated. Sincerely, f 01411, Christopher E. Stein Superintendent Enclosure cc: Jeri Koester Somerset Township Clerk PO Box 248 Somerset, Wisconsin 54025 Pam Quinn St. Croix County Land Use and Conservation Specialist 1101 Carmichael Road, Suite 1200 Hudson, Wisconsin 54016 Michael Wenholz Wisconsin Department of Natural Resources 1300 W. Clairemont Ave. Eau Claire, Wisconsin 54701 II I�IIIIIIIIIII�IIIII��II�II(I� 8139497 Tx:4112714 State Bar of Wisconsin Form 11-2003 974934 LAND CONTRACT BETH PABST (TO BE USED FOR NON-CONSUMER ACT TRANSACTIONS) REGISTER OF DEEDS Document Number Document Name ST. CROIX CO., WI 03/14/2013 11:55 AM EXEMPT#: NA CONTRACT,by and between Fourth Baptist Church, Inc. REC FEE: 30.00 ("Vendor," whether one or more), TRANS FEE: 2700.00 and Family First Farms,LLC,a Wisconsin Limited Liability Company PAGES: 7 ("Purchaser," whether one or more). Vendor sells and agrees to convey to Purchaser, upon the prompt and full performance of this Contract by Purchaser,the following real estate, together with the rents,profits, fixtures and other appurtenant interests("Property"), in Saint Croix County, State of Wisconsin: Recording Area Name and Return Address SEE ATTACHED EXHIBIT A uK/I��IYI•%i i/I J Parcel Identification Number(PIN) This is not homestead property. (is)(is not) This a purchase money mortgage. (is)(is not) Purchaser agrees to purchase the Property and to pay to Vendor at 900 Forestview Lane North Plymouth,MN 55441 the sum of$200,000.00 in the following manner: (a) $100,000.00 at the execution of this Contract;and (b) the balance of$800,000.00 ,together with interest from the date hereof on the balance outstanding from time to time at the rate of 5.5000 %per annum until paid in full as follows: See Attached Land Contract Rider. The terms and conditions of the Land Contract Rider,of even date herewith, shall control in the case of any conflicts with this Land Contract. provided the entire outstanding balance shall be paid in full on or before August 1, 2017 ("Maturity Date"). Payments shall be applied first to interest on the unpaid balance at the rate specified and then to principal. CHOOSE ONE OF THE FOLLOWING OPTIONS, IF NO OPTION IS CHOSEN, OPTION A_SHALL APPLY: ® A. Any amount may be prepaid without premium or fee upon principal at anytime. ❑ B. Any amount maybe prepaid without premium or fee upon principal at any time after ❑ C. There maybe no prepayment of principal without written permission of Vendor. State Bar Form 1 1-Page 1 ©2003 STATE BAR OF WISCONSIN 1 of 7 LEGAL DESCRIPTION EXHIBIT A Lot 1 of Section 18, EXCEPT: A. The East 200 feet thereof. B. That part of said Lot 1, which lies West of the line drawn parallel with and 200 feet Easterly from the line reached by high water in the sloughs so called, East of the channel of the St. Croix River. Lot 1 and the East Half of the Southeast Quarter of Section 7 EXCEPT: A. All that part of Government Lot 1 and the Southeast Quarter Southeast Quarter, Section 7,Township 31 North, Range 19 West, lying South and West of the following described line. Beginning at a point on the south line of said Southeast Quarter Southeast Quarter, said point being 550 feet South 89 degrees 20 minutes 34 seconds West of the southeast corner of said Section 7, thence North 50 degrees 36 minutes 26 seconds West, 2050 feet more or less, to a point on the north line of Government Lot 1, said point being 800 feet, more or less, West of the northeast corner of said Lot 1 and there ending. The Southeast Quarter of the Northwest Quarter; and that part of the Southwest Quarter, and that part of the Northwest Quarter of the Southeast Quarter lying Northerly and Westerly of the public road as presently laid out and traveled over, Section 8; All of said real estate being in Township 31 North, Range 19 West, St. Croix County, Wisconsin. And all that part of Government Lot 1, Section 18, Township 31 North, Range 19 West, St. Croix County, Wisconsin, which lies west of the line drawn parallel with and 200 feet easterly of the line reached by highwater in the Slough, so called, east of the channel of the St. Croix River, (so called Dead Man's Slough), except that part which lies in the east 200 feet of Government Lot 1. Abstract property. III I (120605.PF D/120605/25) 6of7 • 971?A'UE x.43 t Al 890,1t� C.''!l1.rT THIS INDENTURE, made between the TRUSTEES OF THE FOURTH BAA-VPIST CHURCH OF HINNEAPOUS, a Corporation duly organized and existing under the laws of the State of Minnesota, GRANTORS, and the UNITED STATES OF AMERICA, and its assigns, GRANTEE, WITNE.SSETH, that the GRANTORS, for and in conszderat.iotj of Ulu Sutra of ONE HUNDRED SIXTY THOUSAND AND/NO 100 DOLLARS ($ 160, 000 .00) , to them in hand paid by the GRANTuE, the receipt of which is hereby acknowledged, by these presents Grant, Bargain, Sell, Warra:;t and Convey unto the GRANTEE and its assionsr forever, a. permanent and assignable easement of the nature and character and to the extent and for the purpose set forth 1P EXHIBIT "DO.# attached hereto and made a part hareof, in, upon, over and across all those tracts or parcels landr lying and being in the County of St. Croix, State of Wisconsin, dens CriA Cad aao le V11 oKS.. Caen leaal description .pp .^ Troct 09-166 in attached EXHIL.1.T "All '!.•..•• ,?.�• `t_!J,^. .n!� r{,nr n rent/�� [+71 RR G+ i•..,♦.i+.}}ti�M ►fir�.�Hr A 1 � }",�,A �'1,0►'Q!��.tAI!'I.All l"Y. A.,n(7 appurtenances thereunto L-Longing or in anyw.lse appertaininq, co zne and its assigns fo-raver. And the said GRANTORS, for themselves; their assigns, executors and administrators, do covenant with the GRANTEE and its assigns that they are well and lawfully seized ire fee or the .lands and ^ns f t•-#+a a 'i h+strn good right t'(1 teal, I an convey the `sanle ill Lhe prv,uiov.s u�LIZ'S�3..►..a .n, n.n:. ....... ti _g.._ manner and form aforesaid, and that the same are free From all encumbrances, except existing easements fo. public roads and highways, public: ut'iliti&s, railroads and pipelines. GRANTORS will warrant ind defend GRANTEE and its assigns in the quiet and peaceable possession of the above bargained and grante interest in the lands and premises herein described against all persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, the rRANTPRS have caused their corporate n.are and seal, to be hereunto affixed by their authorized representatives this x 2 _day of 1.9 1 - Fourth BOIRtiEt Church of [ i�neadoolis F NIX�;q.,V4 , SEF 2 0 1992 BY: Minei Martin, C� rman of the Trustees ►/ y ATTEST: Lyn Reemtsma, Secretary of the Trustees STATE OF COUNTY OF On this ri' day of -E: I P611L , 19 `� X before me, a Notary Public, personally appeared Jambs Martin, known to me co be the Chairman of the Tru tees arcs Lynn Reemt,-lma, A.rown to me to be the Secretary of the rrr--••-4----.-- F + c,e i.nrt�nraf7 n» 4a,cr►ri hnd in and who executed the within i A.N..a r.V V✓ ✓.. ....v ....r......_..... instrument pursuant to its by-laws or a resolution of its board of directors. (SE?!*.) # WAL.LACE E AWERSO / Y 1 .�.................... ..r ; __.. Pi CM'kZ n EVM AV0?S.IM I Votary Public My Commission expires The interest in the lands described herein is being acquired by the Secretary of the Interior for administration by the National Park Service. This instrument was drafted by the rational Park Service, St. Croix, Falls, r.�;r.�`v„coin anwi is eKem - from nay.ment of State transfer tax pursuant to Section 77.25(*12) . Page One of One LOSA Tract 09-166 f I Vill 144 I Ownert Trustees of the fourth Baptist L(4ier Sc. Croix Raiiuj�s1 $..ani. ':�rwa7 Area; 21.39 acres Revised: jAnuary 8, 1965 l:teresr co to acvui,red; Scenic k Tract 09-166 A tract of land aitwte is Government Lot 1 sad the East Halt Southeast 14marter, Section 7, Township 31 North, pangs 19 West, 4th Principal Aeridian, St. Croix County, Visconsin, described as follows; Beginning at trig southcaat corner of said Section i, thence, along the soutb line of said Section 7, South 890 20' 34' Kest, 550 feet, thence North 500 36' 2V Vest, 2050 feet, *or* or less, to a point ou the north 110e of said Goveremeat Lot i . Sald point being 800 feet, wore or item, Wesc of the northeast corner of said Lot 1 , thence Fast along maid north line bW feet to tbfj northeast corner of said Lot 1 , thence North along the east line of Governnant Lot 2 , a distance of 440 feet, more or Joss, thence South 3?031126' Last, 7200 feet, more or less to the Dolor of beginning, Said tract contains 27.39 acres, ware or leas. The above-describes! Tract 09-166 'Lower St. Croix NotionaS Scenic Riverway, National Park Service, is part of that lasd ec;uI red by Trustees of the fourth baptist Church of Minneapolis from Wilbur L. Peterson and Muriel K. Peterson, bla wife, by deed dated January 11 , 1963 and recorded March 19, 1963 in Volume 392 Page 639, Docuateot Number 271854 of the St. Croix County, Wisconsin records. EXHIBIT Wft A VOL 971PA,{145 ficaaur. BAglxl WUMS,.lyD 00a r ows AS UsxD NEWIV I THS FOLZOW THO D,9T rHrXr0NS 6HUZ, APKU "TNS LAND" means all the land covered by this easement, as dvaaribed heroin or 1A attachatsnta hOreto. WY RWAY•" means either the Upper or Lower St. CrOlK Natlon4l SCenio Rlverway proyoots or both. "RIVER" means either the St. Croix or Narnekogon Alvaro or both, their islands, slaughso bACkwotexs and tributaries lying within the project boundaries. OUN1! OF SXGHT" moans a determination of area# of the land inadequately screened txom view from the river Including, but not limited to, consideration of t:opopaphy and the exiatonoe of permanent vegetation and trees during the summer tnontho whon they Ara fully leafed out. PrAN 61 jn#44s all tresur of o+rorl, nreolos measuring four (d) Inches or more J4i d1a.moter at a ,point tour and one-half (f 1 12) feet above the around. THIS REBTRICTI0Hi0 HBABBY MPOSED ON TH6 LAND, WE ACTS WHICH Tiff [GANTOR F.90MISES TO 00 OR RSFRAIH PROM DOING UPON THS LAND AND x114 JQZQ T$ IN AND W THS LAND ORANTSD TO THS UNITSD 591APES (31' A?. RICA AND ITS ASSrONS BY THS GRANTOR ARS AA FobwNs l (1) T'h10 easement &hall not be ;OarszL.�ad as �atfacting, without the grantor's gamest, any regular, loyal uce of the lend e!xe�clserd prior to the of this saxemonti yra..ti:; Ilse public any right to enter or uoo the larat for any purposoy or altering, circumventing; repla^ ,ing or the need for the grantor,s compllanaR with any state or local govoenment soning oe Jand uko regulations in force at any time. (s-) ^n :and' *!ready improved with an existing dwelling, 9t0r4ge and/or use of an vifriar': -arponal travel trailar, ;,,o*__r home or recreational vehicles and egolpmant wli ke permitted on 10dationg ^_ft of 11.16 of sight. teC4 the riverl however, on locations within .tine of right from the river, storsyw andlar us# Mall not exceed a maximum of fifteen (15) consecutive days unleso prior xr±tten approval is received from the National Park Servic*. on all other lands, upon Vritt*A application by the grantor, writt&n permission will Automatically be granted by the UPS tar tutorage and/or use of travel trailarx, motor homes or recreational vehiole# and equipment on locailona that meat all the Following critexlat (a) have 150 feet of frontage on the side nearest and most parallel to the river (b) are one and one-half Acres of lend; and (c) Are out of line of sight from the rivar. (1) The construction of additional single fnmily dwellings, buildingre, tructures or development of any kind, the replacement of existing structure* and the 0060ttruction of accedBory buildings, the installation of u W xtlos and tho 0060tr4ction of accoaa rcads naceasary to the xeasonablo use aid on,byment of a +..e i vtILLQn r6 tt0 the '" n rho National Park e�irell.tng viii Co-Mt ...,.t from t e '4tiona.l Park er�d tece pt by the gxanror or wri z i:,', a�,�.;„.__ a'ery oe. Upon receipt of an adequately documented request, such approval .iii! be eytomdtica.11y grant*d by the National Park Seryica if (a) the replacement of or tho addition to an sxlotl:,y :t.ucguro which: :a withlt7 lln# of aight' tram the river neither 1.naraaaos the Width or height of the original izructu s v,hon viewed from the river, or (b) tho location of a rapiacairen: struhture or accosaory holld nj; �r t?A Addition to nn existing structure is out of line of right t'ro)x tIS river, or (o) the proposed utilities or construction of acaosra roads is located and accumpliM,ed in such A manner ac as to ao tho lcsrt possible damogo to the torrAin, vegetation AnI trees, or (d) a proposed elngle family dwelliilg will be located on lto own separate vita in a location out of 11n# of sight from the rivox, said site having minimun►a of l 112 acres of land 0r4d 230 feut. af frontage on the aide, nearest and mo#t parallel to the river. (4) rho grantor rasa rvdia the right to pertorm ali regular and ordinary maintenance to all existing atructuros, buildings, rounds and Access roads, 60 replave, for any roaaon, any existing at.iructure with another of the same 0-tra and iii WU sa;:s locAflons. and to xoj air, or rebuild to no greater that the ;farmer olg*j any PRIAting Au.tldings or etruccurva ,.,,ic,. are rlarnaQad by firs, storm or other caau4ity. (,5) Sxodpt for on-goxng ura„ ;;ctl:•1•�en .,rnulded for in (1) above, the .land she 1 not be used for any new or addlt:anal uerr rn r si..,M =1 fyravot x or dustriai act Iv It w a soever, not ,aAall t � gra»to Ina • or porn+ t any ehanp♦ in` character or topogre "y of the land, unl eas previously approved !A writing .9y the National Park sory .o. --- I IX-RIBIT 8 voL -972PA, X46 (6) No treee shall be cut or removed without the prior written permloaion of tho National Park Service, except permission need not be obtained for removal of mature, diseased or injured trans when necessary for protection of persons or property. Permission for cutting and/or removal of troes for c►t-her pvrpoaaa ulll be granted it necessary in development of an approved use or as set out in item ](b) herein. (9) Except for on-going uses and Activities+ provided for In (1) above, the land shall not d for any now or additional ctivit exce tione: 41rK ao v c upon receipt of A writte raguest. iaaue wr lien approve or a follow n r (a) ors► ng and grazing livestock if one in conformityy with pool" us an ry practices approved in wr itng by appropriate local county AAj state officials, (b) timber harvost.ing in accordance with a forest mAnagemont plan If approved in writing by the appropriate local county p� Rotate officials, (C) other business or commercial aetivitios ox urtes not in ,dine of night, from the elver an rated to the satin a the fiat o�nTF+�7E' Service to o compel ,ble wl>1h and supper ive o ananesgeirent of the ►t:vorxay. (8) No accumulation or dumping of trash or unsightly materials shall be permittad on the land and no signs, billboards or advortivemonts shall e displayed or placed r.ipon the land, except that a family name or ownersh.itt &114 address sign and one sign, not greater then 26 x 30 lnchete in sire, advertJoing the sale of products raised thereon, services avallablo on tho premiaies, or ar.1e or .lease of the land, may be displayed on appropriate occasions lie locations out of line of sight from the rivor. ;9) The National Park Service, its agents, empivytiob and ass+2na. Ahall have the right upon reasonable notice, to enter upon and cross tho land for the purpose ,- na....«+t.v .ir to aetermino compliance with the terms of this of, aatinayJ.,i� G" nr,.v. .� n onnable verbal or written notice of itii e,it� to wnte� frnw gad lands paoE�.i3n... �. !!_ shall be oiven by the National Paris Sorvica to the ;rontor and existing roads or other normally traveled toucea st,a.. - + + bo ut i l i red wherover practicable except In Instances of fire, police action, rescue action or other circuamtaneda of an omergeaacy or siml.tar nature. (10) The National Park Service shall have the right to erect and mAintain signer on the lend, ex +.-.. the {mmodlate vicinity of or directly ),n front at a cv�� . ► i be limited to those deemed a :a -i-ete- Fnr the dwelling. such BiyFn a..a._ i✓N r- bl is 4rear welt! management oa? tiav Fcivva•i.ay ar to n_'AlinAdte privaCe areas iroiv piiti...,. shall not exceed 21 x 30 inches in Rise. Rdvanco written nonce va' s::c, ontant and location of each sign shall be given to the grantor b,+ the National park Service. (11) The land shall not be used for additional pvb?ic utility purposes other than an necessary In connection with a permitted use on this land as px•uvidod for In this easement. (11) The National Park service may take any legal action necessary to have removed from the land any unauthorised signs, personal Property, or structures, or to require compliance with any of the terms of this easement. Written, notice of intent: to take Auch action or require such compliance shall be sent to the y^,ranter 10 days In advance by the National Park °crvlce. rifle to Items removed under ,such notice shalt remain in c" n.;» of the orantor. The cost of such �•? rie at the exponso of the National pa4'k removal or required ce?Mp1lai,iie► p..�.._ Service, subject to Cho Avail4bility of funds regularly a,pprvpriaiv.i ,'ar aur-h purposes. (13) The National Perk Se+rvico shall no soie.ir {nr kllthln 'lino of slstht• on tiro jaiid. Such dotarminetlon shall he in writing and a copy furnished to the grantor prior to tho acquisition of this eaEemt~nt. (14) The National Park Service agrees to furnish VYA.ii. 41_, dctrxw._+^ati,�ns v.ithir, a reasonablo period of Limo whenever then grantor subs#ta a Written roqueat for Approval of some action proposed to be taken under 'ho forma of thin easement. (15) The grantor agrees that any Xutury tren9f9i', sales, loaning cr conv^yoncs of Any :intartist in the land or any agroement for use of the land, whether votbal o,r written, shall incltido a ra.,:r.rrncfi i„dicaiirsg that th-? t4•snsatcr.ton i,► ot.-bjoct to the to4-oa of t:h14 easo.mAne. (16) The terse and conditions of this easement eha+ll run with the land, and bind the grantor aad tie -!*Cad Srat:as of Amorica, and assigns, In perpotuity. EXHIBIT B •'ns. n4jont m' made this 1$th d X of i October , 19'8� 'between the . Vrmstees of the k0aar th Baptist-Niuch of Mi nneapul is, AA Corpor atO Maly otg�ini.zed and existing ut)der the laws OE the State of Minnesota, `GRAMFOR,,and the UNITED STATES 00 AKWCA and! its assigns, GRAtr°TEE, V Y,11W-03SETH, that hm ITW., for and in consideration of the sum of IWF TTY-wI x THt7il i7 7= &d-M 00 ($26' 300.00) , to them in hand paid. by _ `Lhe'G-RANTFE, ttR recelpt of w -1 1.2. JA 1' eby�-A ed do by These presents Graff gg4,,a. Sall' Warrant and 6nVey..mto tilk,C _49 assigns, forever, a perrranerrit &M"cissignable easement of the nature and char•acte� the extent and for the purpose set forth on pages twD and three hereof, -in, upori _ nd across all those tracts or parcels of land lying and being the County of st, o ANI, State of Wisconsin, described as follows: All that part of Gover:ugent jot 1, Section 18, Townshio 31 :firth. Range 19 West wiTi ch lies crest of the line drawn parallel with and 200 feet easterly from the line reached by_highwater in the sloughs so called, east of the channel of the St. Croix River, (so called Dead Ban's Slough) except that part which lies in the east 200 feet of Government Got 1. The interest in the lands described herein is being acquired foi administration by the Secretary of the Interior through the National Park Service. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the GRANTEE and its assigns, forever. And the said GRANinR for themselves, their heirs, executors and administrators, do covenant with the GR}s.vM and its assigns that they are well and lawfully seised in fee of the lands and premises aforesaid, and has good right to sell and convey the same in the manner and form aforesaid, and that the same are free from all encumbrances, except existing easements for public roads and highways, public utilities, railroads and pipelines. I GRANTOR will warrant and defend GRANTEE and its assigns in the quiet and peaceable possession of the above bargained and granted interest in the lands and premises herein described against all persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, the GRANTOR has caused its corporate name anI seal to be hereunto affixed by its duly authorized representatives the day and year above written. ; !Y, ,, ���;, Fourth Baptist Chuzci: �F Minneapolis ' ,����d i4�➢3 16th Corporate Name . n Oc 19 $5 30 P By harles ratt, airman of the Trustees N"r l- E. Ogilvie, Se9tetary of the Trustees STATE OF Minnesota COUIrN OF St. Croix On this 15th day of October 1985, before me, a Notary Publ)o91,11 personally appeared Charles Pratt, known to me to be the Chairman of the T'•rusteT, ' and Donald E. Ogilvie, known to me to be the Secretary of the Trustees bYr the i corporation described in and who executed the within instrument pursuanl�to bt laws or a resolutuion of its board of directors. (SEAL) '' Q '• I 1 Notary Vublic ,. .:�zission Expires 2/14/88 This instrument was drafted by the National Park Service, St. Croix Wisconsin. This deed is exempt fran payment of State deed stamps, pursuant Wisconsin statutes, Section 77.25(2) . SCLO 58/85 Page One of Three Pages LOSA TRACT NO. 09-164 (ESC01MI) 24 poz 11— i ""M LAW seahs all the land'covered by this easwmt,, as described l*rein or in attachoots hereto. "RIVEWr mans either the Upper or Lower St. Croix National Scenic Rive rr+ay projects or both. - "RY'€W awns either the St. Croix or Namekagon Rivers or both, their islands, sloughs, bac: ters and tributaries lying within the project boundaries. "LIKE Cr S t rmas a determination of areas of-the land inadequately screened from view from the-river including, but not limited to, consideration of topography and the existence ,,petmanient 0a9etaton and trees during the summer months when"they are fully leafed eat. �,AI -L *Vevery species measuring four 4 inches or more in diameter at a poifta: V-Ax and •half 14, above the ground. THE RESTRIC.`PIONS iiEREBY IMPOSED ON THE LAND, ViE ACTS WHICH T QRUAYTOR PROMISES TO DO OR REFRAIN FROM DOING E" THE LAND AND THE RIGHTS IN AND 70 M LAND GRANTED TO THE UNITED STATES OF AMERICA AND ITS ASSIGNS BY THE GRANTOR ARE AS FOU DWS: 1 Unless otherwise stated herein this easement shall not affect, without the grantor's t regular, 1 use of the and exercised prior to the acquisition of this consent, egu ar, Iega u 1 p acq� easement. (2) This easement shall not be construed as granting the public any right to enter or use the land for any purpose, except members of the public shall be allowed to have access frora the river or from adjoining river front lands to use that portion of the land lying within 66 feet of the ordinary high water mark of the lover for purposes of hiking, fishing, nature study and temporary beaching of water czaft, not including camping or picnicking. (3) No travel trailers, motor homes or mobile homes may be permanently placed on or affixed to the land. On land already improved with an existing dwelling, storage erA/vr use of owner's personal travel trailer, motor hone or recreational vehicles and equipment will be permitted on locations out of line of sight from the river. On all other lands, storage and/or use of travel trailers, motor homes or recreational vehicles and equipment will require the prior written permission of the National Park Service. (4) No a-31itional construction of dwelling or structures containing livid quarteis will be Firi:: Lt: _•F ?• ?� ft construction of other additional buildings, structures or development of any kind, c?* 0,)n;.;truction of additions to existing, detached single family dwellings, or the construction of accessory buildings necessary :o the reasowble use and enjoyment of such dwellings may be pezmitted only after the grantor has siubnitted a written request to the National Park Service and has received written approval. Such request must `_- gra .tlad by the National Park Service if a proposed addition to an existing single family v ither increases the width or height of the structure when viewed from the river or it t'r& 11a:y4-ion of a proposed accessory building is out of line of sight from the river. $5) The grantor rei;zrves the right to perform all regular and ordinary maintenance to all existing structures, buiLd:n_gs, grounds and access roads; to replace, for any reason, any existiinc structure with another of the same sire and in the same locations, and; to repair, or rebuild to no greater than the forager sire, any existing buildings or structures which �S!� c damaged by fire, storm or other casualty. Wept for on-going uses and activities provided for in (1) above, the land shall not ed for an new or 'n ng, quarrying, sand and gravel renova , industria .&L y additional mu i c�amearcia activi what%&verm, nor shall the grantor make or permit any change in the char ester or topoc;rapFy of the land, unless previously approved in writing by the National --rk Service. (7) No accumulation or dumping of trash or unsightly materials shall be permitted on the land and no signs, billboards or advertisements shall be displayed or placed upon the land, except that one sign, not greater than 24 inches by 30 inches in size, advertising the sale of raised thereon, services available on the premises, or sale or lease of the be displayed on appropriate occasions in a location out of line of sight from the j river. i SC.11 RFE 3/20:'''1, PAGE TWO OF THREE PACES LOSA TRACT 09-164 I INI (a) cutting, trimming, destroying or rearava' of trees, gran tit s only or i ot-flo r is be permitted on the land in accordance with good husbandry Pr s cessary to, the cultivation or har es2ing of crops on lards Currently in vse for arneiing or raialrrq orchard fruit or nut trees; necessary for the �eaintenanoe of txlsting routes... , ingress and egress to ®x from the land; necessary to the maintenance of'the-exia�t ng- yazd area of a residence; necessary for the protection and Safety of existingdwelhirga and n , accessory buildings, or; necessary for the safety and well being of autha_izek3rsosrs . using or occupying the land. Additional activities of this type shall require t2 prior c written approval of the National Park Service. (9) The National Park Service, its agents, employees and assigns, shall have 1igltt upon reasonable notice, to enter upon and cross the lard for stns purpose able verbal dr' Riverway or to determine co�liance with the terns of given b thentNationaslnPark Service to written notice of intent to enter said lams shall beg Y the grantor aid existing roads or other r.)rmaliy travelle��oatesrsh�tl�l �tio�l��ther wherever practicable except in instances of fire, police circumstances of an emergent and similar nature. (10) The National Park Service shall have the right to erect al duelling. Such signs lard, except in the immediate vicinity of or directly River way be limited to those deemed appropriate for the nanagement24finches by 30 inches in delineate private areas from public areas arol shall not exceed size. Advance written notice of size, content and location of each sign shall be given to grantor by the National Park Service• sea other than as necessary in (11) The land shall not be used for public utility purposes e connection withal notohibited use of this land as provided for herein. al action necessary to have resmoved from the - (12) The National Park Service may take any leg or structures, or to require compliance land any unauthorized signs, personal property, with any of the terms of this easement. written, notice of intent to take such action 'or require such compliance shall be sent to the grantor 10 days in advance by the National Park Service. Removal of items or required compliance n�with Park of this easement under such notice shall be at the expense of the Natao availability of funds regularly appropriated for such purpose. (13) The National Park Service shall be solely responsible for determining areas within. t "line-of-sight" on the land. Such determination shall be in writing and a copy furnished to the grantor prior to the acquisition of this easement. (14) The National Park Service agrees to furnish written des forations with oinsanreasonable` period of time whenever the grantor submits a written requ. approval proposed to be taken under the terms of this easement.rovided for in Paragraph (2) herein, (15) Other than the rights of the public, if any, p use of the river frontage or beach areas of the propertby fourantor, h hefraeges,or dockage, and access to the river across this prGpe ty y lessees, licensees or assigns for such purposes, �haid rantoxdatotheatimegof acquison r �ticed and en'o ed by thv 9 type of use and access p.-a t ,� f Y ica or to the maximum such usage allowed for` of this easement by the United Stated of Amer , a single family residential type ownership by the local, state or federal government agency having control over such usage, whie*ver is greater. The granting or conveyance by the grantor of additional rights of use and/or access is prohibited.fo'Thiss prohibition shall g part of the property which provide apply to any sale of all or pa event or of use acrd/or access. However, this prohibition is not intended to limit, pr preclude personal, pedestrian use and enjoyment of the property, including the river frontage or beach areas. (16) The grantor agrees that any futureansfex, sale, leasing or conveyance of any tr interest in the land or any agreement for use of the land, whether verbal or written, shall include a reference indicating that the transaction is subject to the terms of this easement. (17) The terms and conditions of this easement shall run with ith the la d# and bind the grantor and the United States of kwr i�, and SCLO RFE 3/27/85 PAGE THREE OF THREE PAGES LOSA TRACT 09-164