08-22-2005 Council Packet - Laserfiche WebLink

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AGREEMENT for VEGETATED WETLAND BUFFER MAINTENANCE BETWEEN the CITY of ORONO and the MINNEHAHA CREEK WATERSHED DISTRICT This Agreement is entered into by the City of Orono, a statutory city and political subdivision of the State of Minnesota (“Orono”), and the Minnehaha Creek Watershed District, a unit of Minnesota government with purposes and powers including those set forth in Minnesota Statutes Chapters 103B and 103D (‘MCWD”), for the purpose of coordinating enforcement of vegetated wetland buffer maintenance requirements of the Willow View subdivision in the City of Orono, Hennepin County, Minnesota. WHEREAS Orono is a city located in Hennepin County with purposes including the furthering of the public health and welfare, including the management and protection of wetland resources w:thin its borders, and municipal land use, police and property powers to achieve those purposes; and WHEREAS the MCWD is a watershed district with purposes set forth at Minnesota Statutes §§103B.20I and 103D.20I, which include the management and protection of wetland resources within the watershed, and police and property powers to achieve those purposes under, inter alia, Minnesota Statutes §§103B.211,103D.335 and 103D.341; and WHEREAS Permit 00-024, issued by the MCWD for the development of the Willow View subdivision, requires the perpetual maintenance of vegetated buffer adjacent to site wetlands; and WHEREAS the purpose of this Agreement is to protect wetland resources by authorizing the MCWD to participate in monitoring and enforcing vegetated wetland buffer preservation requirements on lands lying within both Orono and the MCWD. THEREFORE Orono and the MCWD enter into this Agreement on the following terms: 1. On May 4,2000, the Office of County Recorder, Hennepin County, Minnesota received for filing as Document 7294749 a “Flowage, Drainage and Conservation Easement Agreement and Waiver of Danuiges” executed on behalf of Willow View Developers, LLC in favor of Orono as grantee (“Easement Agreement”), Attachment A hereto and incorporated herein. The Easement Agreement prohibits Willow View, LLC, and its heirs, successors, representatives, grantees and assigns, in perpetuity, in engaging in certain land uses and alterations adjacent to wetlands within the Willow View plat located in the City of Orono, Hennepin County, Minnesota, and authorizes Orono to enter the property to inspect and enforce* its terms. 2. The parties agree that the MCWD, to the extent it possesses those same or similar powen under its statutory authority, will share with Orono all powers of entry, inspection and enforcement held by Orono under the Easement Agreement with respect to the lots listed on Attachment B to this Agreement, incorporated herein. e> (