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4.7. SR 07-01-2019
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4.7. SR 07-01-2019
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M.S.B.A. Real Property Form No. 8 (1997, 2017) <br />Addendum to Purchase Agreement: Wetlands, Shoreland and Flood Plain Disclosure PAGE 2 <br />42 <br />For the purposes of this Purchase Agreement, Wetlands, Shoreland, and Flood Plain are defined as43 <br />follows:44 <br />45 <br />Flood Plain. The term "flood plain" means the area adjoining a water course or water basin46 <br />which has been or hereafter might be covered by the regional flood which recurs once in 10047 <br />years, as defined by MINN. STAT. §103F.111 and by MINN. RULES, Part 6120.5000. The boundary48 <br />of the 100-Year Flood Plain shall be determined by reference to the Flood Insurance Rate Maps49 <br />promulgated by the Federal Emergency Management Agency for the National Flood Insurance50 <br />Program or by reference to Minnesota Department of Natural Resources flood plain elevation51 <br />data.52 <br />53 <br />Shoreland. The term “shoreland” has the meaning given to it by MINN. STAT. §103F.205, Subd. 54 <br />4, as follows: “Shoreland” means land located within the following distances from the ordinary55 <br />high water elevation of public waters:56 <br />(1) land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and,57 <br />(2) land within 300 feet of a river or stream or the landward side of a flood plain delineated58 <br />by ordinance on the river or stream, whichever is greater.59 <br />60 <br />Wetlands. The term “wetlands” has the meaning given it to by the Minnesota Wetlands61 <br />Conservation Act of 1991, (1991 Minn. Sess. Law Serv. {West}, Chapter 354, as amended from62 <br />time to time, codified as MINN. STAT. §103G.005, Subd. 19(a), as follows: “Wetlands” means63 <br />lands transitional between terrestrial and aquatic systems where the water table is usually at or64 <br />near the surface or the land is covered by shallow water. For purposes of this definition, wetlands65 <br />must have the following three attributes:66 <br />(1) have a predominance of hydric soils;67 <br />(2) are inundated or saturated by surface or ground water at a frequency and duration68 <br />sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in69 <br />saturated soil conditions; and70 <br />(3) under normal circumstances support a prevalence of such vegetation.71 <br />72 <br />73 <br />7475 <br />PRECAUTION TO SELLERS: If you do not understand the definitions above, or the76 <br />disclosures below, or the significance of the “Seller’s Representations” below, you should77 <br />consult with your lawyer before completing this form.78 <br /> 79 <br />Seller’s Representations. [check all statements that apply:]80 <br />81 <br />a. Flood Plain.Seller represents that 82 <br />[_]1. the real property is not in a flood plain;83 <br />[_]2. all or part of the real property is in a flood plain, but none of the improvements, including84 <br />all buildings, the well, and the individual on-site sewage treatment system is in the flood85 <br />plain or in any setback from a flood plain;86 <br />[_]3. Seller does not know if any of the improvements or the real property is in a flood plain87 <br />or “flood insurance area”, as defined by federal law.88 <br />89
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