Laserfiche WebLink
'T <br />♦ <br />COOPERATIVE AGREEMENT <br />Between the Minnehaha Creek Watershed District <br />And the City of Orono <br />For Wetland Buffer Protection <br />Tliis Cooperative Agreement is made this day of 2004 by and <br />between the Minnehaha Creek Watershed District, a watershed district with purposes and powers <br />as set forth at Minnesota Statutes Chapters 103B and 103D (‘ MCWD”). and the City of Orono. <br />a body corporate and politic and a statutory city in the State of Minnesota. <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to authority of Minnesota Statutes §103D.345, the MCWD <br />implements a permitting program under which wetland management requirements apply to land <br />development activities presently referenced as Rule D; and <br />WHEREAS the City of Orono is the owner of platted public road right of way in the <br />Morse Island Park Addition named “STREET” located between lots 38 and 39 Morse Island <br />Park Addition, hereinafter referred to as “the Property”; and <br />WHEREAS the Property constitutes the entirety of the land to which Minnehaha Creek <br />Watershed District Permit U 04-123 applies; and <br />WHERE.AS the City of Orono desires to subject the Property to wetland buffers imposed <br />by the Minnehaha Creek Watershed District as a condition to issuance of their Permit # 04-123 <br />for the mutual benefit of the owners of the Property; and <br />WHEREAS in order to comply with applicable MCWD requirements, a landowner <br />dedicating wetland buffers is required to execute an agreement assuming responsibility to protect <br />those buffers in perpetuity; and <br />WHEREAS the parties concur that the City of Orono has the resources and <br />organizational structure necessary to protect these w'etland buffers in peipetuity. <br />NOW, THEREFORE tiic City of Orono and the MCWD execute this Cooperative <br />Agreement, agreeing that the terms hereof shall be binding and enforceable as any valid contract <br />1 . The wetland buffer, measuring varying feet in width at all points surrounding the <br />wetlands as delineated on the site plan for the Property attached hereto and <br />incorporated herein as Attachment A, shall be maintained by the City of Orono in <br />perpetuity free from mowing or other vegetative disturbance, fertilizer application, <br />yard or other waste disposal, tire placement of structures or any other alteration that <br />impedes the function of the buffer in protecting the quality of water in the wetland or <br />buffering flows into the wetland. <br />Page 1 of 3