HomeMy WebLinkAboutDeclaration for Maintenance of Stormwater Management and Easement Agreement STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing Declaration for Maintenance of
Stomwater Management Facilities and Easement Agreement adopted at the meeting of
the Orono City Council on January 14, 2019 with the original thereof on file in my office,
and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 17th day of January, 2019.
a.v-et_ A •
Anna Carlson, City Clerk
(seal)
(Reserved for recording information)
DECLARATION FOR MAINTENANCE OF
STORM WATER MANAGEMENT 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".
RECITALS
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 Exhibit 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 Exhibit 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 labor, 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
_,.»' act
operty i , er Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged •- . - ..e t•' kr day o qatitIlk k uli.A , 2019, by Rusty
Kocon, husband of Jackie Gibney.
4_1 /0111%
` EMILY S CLINE Mriiki,,,I.„
.`, �r NOTARY PUBLIC•MINNESOTA
; ,;. - My Commission Expires Jan.31,2023 ..L6.a �_
‘lailipli
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 14- day o ! 1 U v , 2019, by Jackie
Gibney, wife of Rusty Kocon.
Ivy Place Stormwater Agreement 4
CITY: C OF •R 6O
By:
Liar,
Dennis Walsh, Mayor
(SEAL)
By: . rr/�
Dustin Rief, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /914 J
day of aat J
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.
ti ,d ''K ANDREA LEE S Notary Public
ti : <
�= fi, € NOTARY PUBLIC-MINNESHENTGEOTA
my Commission Expires Jan.31,20231(3 -4DAA-41, 8>I8j1
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
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 Description of Property
Lots 1 and 2, Block 1, Ivy Place, Hennepin County, Minnesota.
Ivy Place Stormwater Agreement 6
Easement Exhibit B
Stormwater Management Easement Exhibit
over Part of Lot 1, Block 1, Ivy Place
Cast Iron Monument at the
O , North 1/4 Corner of
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/ `�6 An Easement for stormwater management purposes over under and
7 '� // o�Lj across that part of Lot 1, Block 1, Ivy Place,according to the recorded
plat thereof, Hennepin County, Minnesota described as commencing
/ / / DSO at the most northerly corner of Outlot A,said Ivy Place; thence
/ ,;; f /Y/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
i Q, 3 •v/ feet; thence South 43 degrees 36 minutes 11 seconds East, 5.00 feet
/ rn/ �6 to the point of beginning of the easement to be described; thence
° , continue southeasterly on the last described line, 87.00 feet; thence
o ,h North 46 degrees 23 minutes 49 seconds East, 11.00 feet; thence
x j(--,d) North 43 degrees 36 minutes 11 seconds West, 86.89 feet,thence
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southwesterly to the point of beginning.
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MINNESOTA CERTIFICATION a,"n .
IVi lte
I hereby certify that this survey,plan or report was y.
prepared by me or under my direct supervision and that I
am a duly Licensed Lan. urveyor under the laws of the G R 0 U P
State of Minne
Dated th -•of January,2019 4931 W.35TH ST.SUITE 200
0 40 80 ST.LOUIS PARK,MN 55416
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Rory .Synsteli. Minnesota License No.44565 SCALE IN FEET
Project No. 17059 SHEET 1 OF 1
Exhibit C Plans
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