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Home My WebLink AboutStormwater management/easement agreement - 2019 (Reserved for recording information) DECLARATION FOR MAINTENANCE OF STORMWATERMANAGEMENT FACILITIES AND EASEMENT AGREEMENT THIS AGREEMENT,made and entered into this 14th day of January,2019, by and between Rusty Kocon and Jackie Gibney,Husband and Wife, hereinafter collectively called the "Owner", and the CITY OF ORONO,Minnesota, hereinafter called the "City". RECITAL5 WHEREAS,the Owner is the owner of certain real property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto ("Property"); and WHEREAS,the Owner is proceeding to build on and develop the Property; and WHEREAS, the Owner has granted to the City a drainage and utility easement over a portion of the Property (the "Easement Area") legally described on E�chibit B attached hereto; and WHEREAS,the development plans for the Property, hereinafter called the "Plans" and attached hereto as Exhibit C, as approved by the City, provide for detention/retention of stormwater within the confines of the Property; and WHEREAS,the Minnehaha Creek Watershed District and the City require on-site stormwater management facilities be constructed to provide permanent provisions for handling of storm runoff, including provisions for operation and maintenance of all stormwater runoff facilities and ponds ("Stormwater Facilities") , WHEREAS,said Stormwater Facilities are to be adequately maintained by the Owner,their heirs, successors and assigns; and Ivy Place Stormwater Agreement WHEREAS,the parties agree that such provisions are to be set forth in an agreement to be recorded in the real estate records. NOW,THEREFORE, in consideration of the foregoing premises,the mutual covenants contained herein, and the following terms and conditions,the parties hereto agree as follows: 1. The Stormwater Facilities shall be constructed by the Owner,their heirs, successors and assigns, in accordance with the plans and specifications identified in the Plans. 2. The Owner,their heirs,successors and assigns, shall adequately maintain the Stormwater Facilities in accordance with their Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as E�ibit C. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility,as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 3. The Owner,their heirs,successors and assigns,shall inspect the Stormwater Facilities and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered inadequate if it is not compliant with all requirements of the approved Plans and City engineering standards set forth in Exhibit C. 4. The Owner, their heirs, successors and assigns,hereby grant permission to the City, its authorized agents and employees,to enter upon the Property and to inspect the stormwater management facilities whenever the City deems necessary. The City shall provide the Owner,their heirs, successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary("Inspection Report"). 5. In the event the Owner,their heirs, successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for sixty (60)days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment,to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the city's costs to the owner's property taxes of such repairs,to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that they are, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities.The Owner expressly agrees to defend and hold the city harmless from any such third-party claim. Ivy Place Stormwater Agreement 2 6. Owner hereby grants to the City,its successors and assigns, a permanent non- exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 7. The Owner,their heirs, successors and assigns, will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities(including sediment removal) is outlined on the approved Plans and/or Inspection Report,the schedule will be followed and comply `with all federal, state, and local regulations relating to the disposal of material. 8. In the event the City,pursuant to this Agreement, performs work of any nature,or expends any funds in performance of said work for labar,use of equipment, supplies, materials, and the like,the Owner, their heirs, successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 9. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees)arising out of or resulting from the Owner or the Owner's agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement,the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 10. This Agreement shall be recorded among the land records of Hennepin County, Minnesota, and shall constitute a covenant running with the land, and shall be binding on the Owner,their administrators,executors, assigns, heirs and any other successors in interests. Ivy Place Stormwater Agreement 3 \ l�� operty er Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged e t ' day o , 2019, by Rusty Kocon, husband of Jackie Gibney. z'� EMIIY S CUNE NOTARY PUBIIC•MqJNE90TA Mycom�aa��+�,�,.s�.�s otary lic STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this]1' day o V , 2019, by Jackie Gibney, wife of Rusty Kocon. Ivy Place Stormwater Agreement 4 CiTY: C� - OF R O I � By: Dennis Walsh, Mayor (SEAL) �'`'_ ��a ;� �� By: —�- Dustin Rief, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ��day of �JCc,/1 2019by Dennis Walsh and by Dustin Rief,respectively the Mayor and City Admiistrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1 ��'o ANDREA LEE HENTGES Notary Public z NOTARY PUBUC-MINNESOTA � ��:�� `�4�My Commission Expires Jan.31,2023 �� , s��"e'�",c''e?`�'� ,�.� DRAFTED BY: CAMPBELL KNUTSON Projessional Associa�ion Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: 651-452-5000 ABS Ivy Place Stormwater Agreement 5 EXHIBIT A Legal Descrintion of Pro�ertv Lots 1 and 2, Block 1, Ivy Place, Hennepin County, Minnesota. Ivy Place Stormwater Agreement 6 Easement Exhibit B Stormwater Management Easement Exhibit over Pa�t of Lot 1, Block 1, Ivy Place Cast Iron Monument ot ihe Q�, Narih 1/4 Carner of `\ X Seciion 20, T117, R23-� A� I . \ '� O , I � \ � � � \ � � � �!• / ZF9; \ ti'uP' � ,t8,\ � /� °/� 10�\ \ o cc I� // ,98� \ m � j� r G� I� �� o � . � w ��. � �hO�Oti�' yx \ � .�'o �•/ / '� 2�'es 2a\ ��i+ ��'/ /D�'�' `�'� S,F ��9>', �AJ� C7 � �� ,�,�.� �G�� ^ a /Oo�� ,' /''✓' '^�"j � ,i i � (�s� \ C�p�� i� +.1, � LL F / ,va j f : .'' '� � / / '' / /<:- \ / / `�,, "*, i i �O�s� /„oQe 6` � \\io+i // // *�, / � ~~ti�A a~\e i� , .,� � 6 /o o�r.Q �// // '�•��r ��r,��'1,� �� `�C �� A�'A`�� y `�� ,,�,. �'C �� ,�' /,/ �.�:L� oo AA, \ `t ��SJ� �.(�'� /,�' � `P� Q��9 � �,- tC� �, / ��oP o'�X/A1 � , � r�� OG)�� , ,' // paG O � JY e '.� � �. \ 4ri '. � � n� ` � °r i � v � �y \Pp 9 Fp� � Q� '�e /1, J , �� P (� / � � \��5�5°4A:23/�3io7'T� O�tA \ ��O"J� /� .vDi� 1y�. � 11 0�O ` Q J � ,� O� / �' o�o � \�. 'C� / �•�Ci , ' �� / �� An Easement for stormwater management purposes over under and ' � Lj across that part of Lot 1, Block 1, Ivy Place,according to the recorded � �I � I � o� plat thereof, Hennepin County, Minnesota described as commencing / � � �c� at the most northerly corner of Outlot A,said Ivy Place; thence / ,°„° \ � ��o � northeasterly on an assumed bearing of North 46 degrees 55 minutes � 40 seconds East,along the northwesterly line of said Lot 1, 124.25 �� feet; thence South 43 degrees 36 minutes 11 seconds East, 5.00 feet "' "" "� v to the point of beginning of the easement to be described; thence rn �/ y� I � � a' �rn �v continue southeasterly on the last described line, 87.00 feet; thence � � ,� North 46 degrees 23 minutes 49 seconds East, 11.00 feet; thence Zx j L�� North 43 degrees 36 minutes 11 seconds West, 86.89 feet,thence ;Z�/ /� southwesterly to the point of beginning. � ti p, �� `' �' N o�� 11`.��^'� � � MINNESOTA CERTIFICATION � � � 1 hereby certify that this survey,plan or report was �� prepared by me or under my direct supervision and that 1 am a duly Licensed Lan urveyor under the laws oi the G R 0 V P State of Minne Datedth� rd otJanuary,201s 4931 W.35TH ST.SUITE 200 0 40 80 ST.LOUIS PARK,MN 55416 CivilSiteGroup.com Rory .Synsteli Minnesota License No.44565 SCALE IN FEET Project No. 17059 SHEET 1 OF 1 Exhibit C Plans � i � i .�..�. /-� '� 3 �;. :-�:,,�-�, ' I" �.� '�. e�"`'�'`�� '4� ti � ^'l" �'� �� \ . y�ru�. .rir+ �. € � ,�'•'�' ° � �'' I �� . 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