2010 - incomplete permit app. for MCWD

Home Browse Search

Item #3: The Recorded Declaration for the wetland buffer on site statement which you required is a statement which the client is uncomfortable signing at this time. The document uses language such as "perpetuity" and"whereas the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit#10-310 applies" the client legally would be bound forever more to yield the entirety of their property to the Watershed District's wishes, rules, regulations even should they change. Therefore the client will need to submit the document for consideration to a legal counsel. The same will hold true for Son of A Carpenter, Inc. as I am unable to represent the client legally and sign for them concerning the perpetuity of their own property. The entirety of the documents thus far required of the District by Son of A Carpenter, Inc. are submitted and under review by a legal counsel for clarification of what paths Son of A Carpenter, Inc, may legally pursue on behalf of the client. Item#3: Likewise, since there is a mortgage on the proposed property,the mortgage holder for the property has expressed they have never signed nor will they sign a document which grants first lien rights or any first right on the proposed property to anyone other than the mortgage holder. The document"CONSENT AND SUBORDINATION" states the mortgage holder"agrees that its rights in the property affected by the Declaration shall be subordinated thereto" (that is, to the requirements of the Minnehaha Creek Watershed District's Rules and Requirements would legally take precedence over even the mortgage holders rights to first lien holder). The mortgage originator indicated the mortgage holder will likely not sign such a statement, but the forms have all been submitted to the mortgage servicing department for the subject mortgage holder to review and deny and/or approve. I would expect as they review the documents they will respond accordingly. I have a site survey and plan which applies to the site, but you have indicated an additional site plan. Your note of "Attachment A" has not been received by me so I am unable to verify what items you may have set out further for the property in question, as you stated that of"...all buffers, stormwater facilities, or other areas where maintenance and preservation is required clearly shown". Since I have not received this alternate plan I cannot comment on the content thereof. After the Declaration has been reviewed by all parties, including the MCWD staff and deemed acceptable, it will then be signed, notarized, and recorded with Hennepin County if this is the legal requirement the proper authorities determine is proper. Additionally, I am still awaiting the results of my request to the Minnehaha Creek Watershed District for an apology to be made to me and the site for the ridiculous, embarrassing, and terrible treatment by the unidentified intern who amplified absolutely unprofessional and unofficial behavior supposedly in the name of the Minnehaha Creek Watershed District. Allow me to remind you that he had no proper identification on his person, had no business cards, had no District identified vehicle parked within view of the residence to verify his authenticity, entered the residence without asking or being granted permission, and otherwise compromised the safety of the site by his presence as a violent stranger employing demanding and forceful language including vulgarity, name calling, and psychological manipulation while yelling at me and implying I was lying to him as to whether the site had applied for a permit from the District. His presentation of himself on the site from the start identified him as a clear and present threat, especially as he had no identification to prove his identity. Everything about him held him as a posing agent of supposed official business, especially when he demanded, while refusing to give his name, the personal and business information of myself, and private information of the client. I am doing all in my power to ensure that all parties are being served well through this process and appreciate your patience as I act as a go between of several cross-firing agents. I am sure you would like to process the application as soon as you are able, and I would very much like to be through with this process. Regrettably, out of deference to the property owners and mortgage lender and out of respect for the client's privacy and expressed best interests, I am unable to submit the entirety of the documents you have requested thus far. Thank you, Catherine, for your good work and professionalism thus far, and I hope we can continue to make progress in the coming days. 2