HomeMy WebLinkAboutStormwater Maintenance and Easement Agreement Doc No T05592427
Certified, filed and/or recorded on
Feb 4, 2019 3:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1787631D
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1479202
This cover sheet is now a permanent part of the recorded document.
.
STORMWATER MAINTENANCE
AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the i L/ day of ictriA,ary ,
201°I ,by and between WILLIAM M.DUNKLEY and SUSAN K.DUNKLEY,husband and wife
(collectively, the "Landowner") and the CITY OF ORONO, a Minnesota municipal corporation
(the "City").
RECITALS
A. The Landowner and/or affiliate of Landowner is the owner of certain real property
located in Hennepin County, Minnesota legally described in Exhibit A attached hereto
("Property"); and
B. The Landowner is proceeding to build on and develop the Property, and has
requested approval of the site plan for the proposed development; and
C. The final plans for the PENCE LANE ADDITION,hereinafter called the "Plans",which
are expressly made a part hereof, as approved or to be approved by the City, provides for
stormwater management within the confines of the Property; and
D. The City and the Landowner agree that the health, safety, and welfare of the
residents of the City of Orono, Minnesota, require that on-site stormwater management/BMP
facilities be constructed and maintained on the Property; and
E. The City requires that on-site stormwater management/BMP facilities
("Stormwater Facilities") as shown on the Plans be constructed and adequately maintained by the
Landowner as a condition of final site plan approval of Lots 1 and 2 as set forth on Exhibit B
attached hereto; and
F. As a condition of final site plan approval the Landowner is required to enter into this
Agreement and grant to the City an easement for access, drainage and utility over a portion of the
Property(the"Easement Area")depicted on Exhibit B attached hereto to comply with work required
under the terms of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
parties agree as follows:
1. Construction of Stormwater Improvements. Landowner shall construct the
Stormwater Facilities in accordance with the plans and specifications identified in the Plans.
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2. Maintenance of Stormwater Improvements.
A. The Landowner shall adequately maintain the Stormwater Facilities in accordance
with the Stormwater Maintenance Plan and the City Stormwater maintenance 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.
B. The Landowner 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,the schedule
will be followed and comply with all federal, state, and local regulations relating to the disposal
of material.
3. Inspection and Reporting. The City shall cause the Stormwater Facilities to be
inspected and submit an inspection report every 5 years. 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 stormwater facility will be considered inadequate if it is not compliant with all
requirements of the approved Plan and City stormwater maintenance standards set forth in Exhibit
C.
4. City Access and Maintenance Rights.
A. The Landowner hereby grants permission to the City, its authorized agents and
employees, to enter upon the Property and to inspect the stormwater management/BMP facilities
whenever the City deems necessary. The City shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the repairs if necessary
("Inspection Report").
B. In the event the Landowner, its successors and assigns, fails to maintain the
Stormwater Facilities in good working condition acceptable to the City and such failure continues
for 60 days after the City gives the Landowner 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 Landowner's property taxes of such repairs,
to the Landowner, 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 Landowner 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,
Landowner agrees that it is, 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
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199945v1
there from the Stormwater Facilities. The Landowner expressly agrees to defend and hold the City
harmless from any such third-party claim.
5. Grant of Easement. Landowner 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.
6. Reimbursement of Costs. The Landowner agrees to reimburse the City for all
costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including
court costs and reasonable attorneys' fees.
7. Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. The Landowner 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 Landowner or the Landowner'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 Landowner to
comply with any conditions of this Agreement, performs said conditions pursuant to its authority
in this Agreement, the Landowner shall indemnify and hold harmless the City, its employees,
agents and representatives for its own negligent acts in the performance of the Landowner's
required work under this Agreement, but this indemnification shall not extend to intentional or
grossly negligent acts.
8. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
To the Landowner: William M. Dunkley and Susan K. Dunkley
3405 Annapolis Lane North,#100
Plymouth, Minnesota 55447
To the City: City of Orono
2750 Kelley Parkway(physical address)
Orono, Minnesota 55356
Attn: City Administrator
P.O. Box 66 (mailing address)
Crystal Bay, Minnesota 55323
Attn: City Administrator
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All notices given hereunder shall be deemed given when personally delivered or two business days
after being placed in the mail properly addressed as provided herein.
9. Successors/Covenants Run with Property. All duties and obligations of
Landowner under this Agreement shall also be duties and obligations of Landowner's successors
and assigns. The terms and conditions of this Agreement shall run with the Property.
Remainder of page intentionally left blank.
Signature pages follow.
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LANDOWNER:
‘17/7,9 /
William M. Dunkley <___
c „---7- 1,,,\X,V.,) CAAN. K_ . Li' -01/4AA\V-
Susan K. Dunkley ,
STATE OF MINNESOTA )
)ss.
COUNTY OF_(Y_ __ )
The foregoing instrument was acknowledged before me this it day of Lo2.(Pjagr,
2011,by William M. Dunkley and Susan K. Dunkley, husband and wife, Landowner.
alikiiii(i 144 Vilkaiti411--
Notary Public
a a\ CHRISTINE M.MATTSON l)
�Fi
ei
k'=-" ' .tic,, NOTARY PUBLIC-MINNESOTA
,.• A
,';, My Commission Expires Jan.31,2019
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199945v1
CITY: CITY OF ORONO
By: st ./ �
Dennis Walsh, Mayor
By: 41111IVAI
Dustin Rie :City •ministrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1`/ day of JCt.h&tar ,
201 et , by Dennis Walsh and Dustin Rief, respectively, the Mayor and City Administrator, o the
City of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the
authority granted by its City Council. /
I"' i r►nA
otary Public
:477 ANDREA LEE HENTGES � i/ /
.. 1 € NOTARY PUBLIC-MINNESOTA
-;ms,µ.. .. My Commission Expires Jan.31,2023 k
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
AMP/jmo
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EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The land to which this Stormwater Maintenance Agreement applies is legally described as follows:
Lot 1, Block 1, Pence Lane Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
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I99945v1
EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
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199945v1
EXHIBIT C
TO
STORMWATER MAINTENANCE AGREEMENT
CITY OF ORONO
MAINTENANCE STANDARDS FOR STORM WATER
FACILITIES
Maintenance Tasks: Wet Retention Pond
Timeline Task Responsible Party
One Time ➢ Review vegetation coverage and re- Land owner
-After seed any dead or bare areas of the
First Year basin
➢ Restore/refresh riprap, as necessary
Monthly ➢ Remove trash and debris from basin Land owner
➢ Remove any material clogging outlet
➢ Repair areas of erosion
➢ Mow grass buffer around basin
Annually ➢ Remove invasive plants and dead plant Land owner
material
• Repair broken mechanical
components, if necessary
➢ Monitor sediment deposition
➢ Remove sediment deposition if present
Every 5 ➢ Inspection City Staff
Years
5-25 ➢ Monitor sediment deposition Land owner
Years ➢ Replace piping and outlet control
structure if necessary
Note:
During the first growing season the buffer areas should be mowed on an as needed basis when the
grasses exceed 12-inches in height.
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Wet Retention Pond Inspection Checklist
Orono, MN
BMP Information
BMP ID: Inspector:
Type of BMP: Wet Retention Pond Date:
Location/Coordinates: Temperature:
Owner: Weather:
Year Constructed:
Year Last Dredged:
Normal Water Level:
100 Yr High Water Level:
Drainage Area:
Surface Area at NWL:
No.Inlets/Size:
No.Outlets/Size:
Design Discharge Rates:
Maintenance Priority
(1=Low 5=High)
Inspection:
Maintenance Item Satisfactory/Unsatisfactory Comments
A. Side Slopes (Inspect annually, after major storms)
1.Vegetation
a.adequate cover
b.undesirable species/plants
2.Erosion
3.Animal burrows
4.Unauthorized planting
5.Cracking,bulging,or sliding of side slopes
a.upstream slopes
b.downstream slopes
6. Seeps/leaks on downstream face
7. Slope protection or riprap failure
8.Other(specify)
B.Principal Spillway(Inspect Annually)
1.Low flow trash rack
a.free of debris
b.corrosion control
2.Sediment accumulation inside pipe
3.Condition
a.cracks or displacement
b.Minor spalling(<1")
c.Major spalling(rebars exposed)
d.Joint Failures
e.Water tightness
4. Sediment accumulation in manhole
5. Sediment accumulation in catch basin
6.Outfall channel functioning
7.Other(specify)
C. Permanent Pool
1.Undesirable vegetative growth
2.Floating or floatable debris removal
required
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3.Visible pollution
4.Shoreline problem
5. Sedimentation
6.Other(specify)
D. Condition of Outfalls into Basin
1.Storm drain pipes
2.Riprap at outfalls
3.Headwalls
4.Other(specify)
E. Other
1.Encroachment on pond or easement area
2.Complaints from residents
3.Aesthetics
a.vegetation height
b.litter/debris
4.Public safety hazards(specify)
Comments:
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•
MORTGAGE HOLDER CONSENT
TO
STORMWATER MAINTENANCE AGREEMENT
ROUND BANK, a Minnesota corporation, which holds a mortgage(s) on the
subject property,the development of which is governed by the foregoing Stormwater
Maintenance Agreement, agrees that the Stormwater Maintenance Agreement shall
remain in full force and effect even if it forecloses on its mortgage(s).
IP1
Dated this day of YW'(1l ,201 C
ROUND BAN
B
/)
a-R'"Ade�
( 1 • t'C ' [print name]
Its: • ' (Prig- [title]
STATE OF MINNESOTA )
ss,
COUNTY OF WASECA )
The foregoing instrument was acknowledged before me this \Lt' day of
ti. „i 201 '1 by IN\Gtt c, the
of Round Bank,a Minnesota corporation,
on behalof the co fation.
LJ Y 1
otary-Public
THIS INSTRUMENT DRAFTED BY: LORI M. BORN
- Notary Public-Minnesota
Land Title, Inc. '; My Comm,ssinn Expires Jan 31,2020
2200 W County Road C
Suite 2205
Roseville, MN 55113