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NHIwOtfllrofi <br /><1-/ <br />Prom: <br />To; <br />Subfoct: <br />Molanie Curtis <br />Tuosday, IMay 24,2005 9:29 AM <br />Mika OafTron <br />FW: Background on Willow View, Minnetrista <br />IM-MCWD Ofono <br />wiowviewau... <br />——Origins! Message—— <br />Froai: Rachel Igal (eailto:rachel9igellaw.com] <br />Sent: Nednesday, May 04, 2005 6:20 PM <br />To: Melanie Curtis <br />Subject: Background on Hillow View, Minnetrista <br />Hi Melanie: Below please find an outline of the history surrounding the request for the <br />City of Orono to sign a Joint Powers Agreement (JPA) with the Minnehaha Creek Watershed <br />District (MCNO) for the outlets located in the Willow View residential development. <br />The developer, Willowview Developers, LLC, originally worked with the City of Orono to <br />expand/improve existing wetland and buffer areas and create new wetland and buffer areas <br />through out the development of Willow View. As part of the City's approval process, the <br />City in April of 2000, in its Developer's Agreement for Willow View, required the <br />developer to sign conservation easements and maintenance agreements for these same areas. <br />The MCND also requires permits for such a development with similar types of conservation <br />and suilntenance obligations. However, MCWD was not involved in the City's process. <br />Because Willow View is located in the jurisdiction of the MCWD and the MCWD has additional <br />authority through the Wetland Conservation Act, MCWD is requiring that the developer <br />record preservation declarations and maintenance agreements for these same outlets. The <br />problem is such agreements would be duplicative and potentially Inconsistent with the <br />agreements already signed by the developer and Orono. The developer has spent the last <br />several months working with MCWD to resolve their concerns. <br />Through these discussions, MCWD has determined it is willing to enter into a JPA with <br />Orono to provide MCWD with additional rights through the previously signed conservation <br />easements. Their attorney drafted a JPA, which I forwarded to you earlier, for Orono to <br />review and coonent on. Presuming we can develop a document that is satisfactory to all <br />three parties, the resolution would be for all to sign the JPA, thereby giving MCWD the <br />rights required under their pensit. <br />Please let me know if you need further clarification or if you would like me to talk <br />directly to your attorney. <br />Thank you for all of your help on this matter. <br />Sincerely, <br />Rachel A. Igel <br />Igel Law Office <br />501 Big Woods Blvd. <br />Suite 1000 <br />Chanhassen, MN 55317 <br />rachel6igellaw.com <br />952.380.1400 (o) <br />612.275.3322 (c)