HomeMy WebLinkAboutDeclaration (Plat)( 1111 111 111
Doc No T05623174
Certified, filed and/or recorded on
Jun 28, 2019 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1838827C
Document Recording Fee $46.00
Multiple Certificates Affected Fee $20.00
Document Total $66.00
Existing Certs
1486789, 1484877
This cover sheet is now a permanent part of the recorded document.
11 11 11 1E11
Doc No A10672340
Certified, filed and/or recorded on
Jun 28, 2019 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1838827C
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(lc or i
14-
DECLARATION
THIS DECLARATION (Declaration) is made this 24th day of June, 2019, by and Orono
Orchard, LLC, a Minnesota Limited Liability company ("Declarant") in favor of the Minnehaha Creek
Watershed District("MCWD"), a special purpose local unit of government with purposes and powers
pursuant to Minnesota Statutes Chapters 103E and 103D; and in favor of the CITY OF ORONO, a
Minnesota municipal corporation("City").
RECITALS
WHEREAS Declarant owns real property within the City of Orono, Hennepin County,
Minnesota, platted and legally described as:
Lot 1, Block 1, Orono Orchard Hill;
And
Lot 2, Block 1, Orono Orchard Hill;
And
That part of Lot 2, Block 1, SMITH DETTLOFF ADDITION, Hennepin County,
Minnesota which lies Northerly of a line described as follows: Commencing at the
Southeast corner of said Lot 1; thence North 0 degrees 05 minutes 55 seconds West
along the East line of Lot 1 a distance of 211.14 feet to the point of beginning; thence
South 89 degrees 54 minutes 04 seconds West a distance of 114.64 feet; thence South 38
degrees 54 minutes 49 seconds West a distance of 232.95 feet; thence North 50 degrees
30 minutes 10 seconds West a distance of 589.61 feet; thence North 0 degrees 07
minutes 06 seconds West a distance of 115.50 feet to the North line of Lot 2 and there
terminating.
(Certificate of Title No. 1484877) (the "Property"); and
WHEREAS, the Declarant, is the sole owner of the Property; and
WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit# 18-481
applies plus additional property which is subject to MCWD's permitting authority; and
WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions
imposed by the MCWD and the City as a condition to issuance of Permit#18-481 for the mutual benefit
of the MCWD, the City, and the owners of the Property.
WHEREAS Declarant and the District intend that this Declaration amend and supersede the
declaration certified, filed and recorded on the Property in the office of the county recorder, Hennepin
County, Minnesota, on April 25, 2019, as document numbers T05608095 and A10652823;
NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this
Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the
Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or
acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives
and assigns. All features requiring maintenance identified on the scaled site plan for the Property
attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance
with as follows:
1. WETLAND BUFFER AREAS
a. Buffer vegetation will not be cultivated, cropped, pastured, mowed, fertilized,
subject to the placement of mulch or yard waste, or otherwise disturbed, except
for periodic cutting or burning that promotes the health of the buffer, actions to
address disease or invasive species, mowing for purposes of public safety,
temporary disturbance for placement or repair of buried utilities, or other actions
to maintain or improve buffer quality, each as approved by MCWD staff in
writing. Pesticide, herbicide and Fertilizer applications may be used only if
required and must be applied in accordance with Minnesota Department of
Agriculture guidelines and standards. No new structure or hard surface will be
placed within a buffer, except that construction of a trail or path of no more than 4
feet in width to provide riparian access through the buffer is acceptable. No fill,
debris or other material will be excavated from or placed within a buffer.
b. Permanent wetland buffer monuments will be maintained in the locations shown
on the approved site plan. Language shall indicate the purpose of the buffer,
restrictions, and the name and phone number of the Minnehaha Creek Watershed
District.
2. STORMWATER DRAINAGEWAY FACILITIES
a. Swale Areas located within defined Drainage and Utility Easement. Swales showing
vegetation contained within Drainage and Utility Easement areas within decompaction
zones may be mowed for public safety, but otherwise must remain free from vegetative
disturbance, yard or other waste disposal, debris, or other obstruction which may impede
swale and collection area function. Pesticide, herbicide and Fertilizer applications may be
used only if required and must be applied in accordance with Minnesota Department of
Agriculture guidelines and standards.
b. Structure Crossings and Controlled Overflow Outlet Areas located within
defined Drainage and Utility Easement. No new structure or new hard surface,
soil compaction, soil fill or soil removal will be placed or allowed within the
crossing inlet or outlet or controlled areas. Culverts as shown in the plan shall
remain in place and remain unaltered by Owner. Any vegetative surface located in
or near Crossing and Outlet areas shall remain free from vegetative disturbance as
subject to 3a above.
c. Reporting. The Declarant will submit to the MCWD and the City annually a brief
written report that describes stormwater facility maintenance activities performed as
found in Items 2.a. and 2.b.above under this Declaration, including dates, locations of
inspections and the maintenance activities performed as specified by a provided"Owner
Stormwater Facilities Report Response Form", or other equivalent Report response
method submitted via Certified Mail to the Owner by the MCWD Administrator (or
approved MCWD designee).
1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD and to the
City for performance under this Declaration, and the MCWD and/or the City may seek any remedy
in law or equity against the Declarant as long as the declarant owns the Property, and the violation is
known to have occurred within Owner's Property and the activity was performed under Owner's
direct control or knowledge of activity. The violation(s) will be sent to the Owner in writing via
Certified Mail by MCWD Administrator and/or City Administrator that will include statements
detailing the dates of violation occurrence(s), past written warnings, and compliance timeframes as
required. If monetary fees, liens, or other equities are requested for the violation(s), include an
estimate by at least one licensed contractor to complete violation work consistent to the current
"MNDOT Standard Specifications for Construction" format to the Owner and thereafter against the
property owner as to enforce the Declaration, subject to review and acceptance by the City.
2. "Property owner" as used in this Declaration means the owner of the property on which is located
the facilities to which the obligations herein apply.
3. Recitals. The recitals set forth above are expressly incorporated herein.
[Page Intentionally Left Blank.]
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DRAWINGNO. PROJECT NO. L ' ORM,.TITLE
3/5 19-STON-01 B LANDSCAPE/TREE PROTECTION/MCWD ABSTRACTION
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set
forth.
DECLARAC2 '
CIA
ORONO RD, LLC
t /
By 400
ustafson
Itesident
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Z1' day of JunU
2019, by Jeffrey S. Gustafson, the Vice-President of Orono Orchard, LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
CAYVto
NOTARY PUBLIC
`'.157;-4:-. CHRISTINE M.MATTSON•
*‘ NOTARY PUBLIC.-MINNESOTA
• Commission Expires Jan.31,2024
t�!./rl!✓t✓!/J!lflrJ!!!.l✓l./I✓.lJ
DRAFTED BY:
JEFFREY S.GUSTAFSON
153 EAST LAKE STREET
WAYZATA,MN 55391
612-462-4000
Minnehah. :reek Watershed District accepts the above vacating and superseding
declarat'
,/,/l.�11 _l/ Date: _ �j_
6 2 1R
By: ,-*Avis Ik)IkE.Z
Its: ADh(INIs17etiquz,
STATE OF MINNESOTA )
) ss.
COUNTY O eaz. )
This instrument was acknowledged before me oao. :( ly\/if--rn�- `,,
al
(name (s) of person(s)), as i 1 /u - -t} of Minnehaha Creek
Watershed District on behalf of the organization.
.)._t_(..„._, / /
(Signat re o P Notarial Officer)
�I/1,
/4'„ "'"'` DEBRA J JOHNSON
24.4f/L.,- 2./ //c- n , NOTARY PUBIC-MINNESOTA
(Title) My Commission Expires 01/31/2023
My commission expires:,73/X4.2.3
CITY OF ORONO
NOM,
By:
Dennis Walsh, Mayor
(SEAL)
By: (2.---1-"Yvt_4),—..„---..
Anna Carlson, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a'-' day of un, ,
2019 by Dennis Walsh and by Anna Carlson, respectively the Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
Notary Publi
Nola J.Dickhausen ►
77:777-1`14—Ria
Notary Public ►
. Minnesota ►
' •My Comesaice Expires January 31,2022 ►
This Instrument Was Drafted By:
Jeffrey Sven Gustafson
153 East Lake Street
Wayzata, MN 55391
612-462-4000
CONSENT AND SUBORDINATION
Bridgewater Bank, a Minnesota corporation, the holder of a mortgage dated Arl _ f if 20)5
and recorded in th.9.Office of tie Re istrar of Titles for Hennepin County, Minnesota on Ak - 2ff
as Document No.it o ' 1
y�G�s ,� hereby consents to the recording of the attached D ecl.ration and
agrees that its rights in the property affected by the Declaration shall be subordinated thereto.
IN WITNESS WHEREOF, yrl,,,,,,,,„/.- &,,,, , , a Minnesota corporation, has
caused this Consent and Subordination to be executed this o?--day of 7-(44€,_ , 2019.
_.,,ei .".„2-- V (authorized signature)
By: S J t/v C,r., (print name)
lr Vic a /e- ie;/&1 (title) of
Bridgewater Bank
State of // /7)/c/5",h1
County of 444 9/i
T ' instrumen as acknowledged before me o j � ��S/��y
sm�t�1),(.4- ,5;?,
41as 5,?, vice -s,vicv/ of Bridgewater Bank.
Signature of notarial officer)
(Stamp) ,_'•x` KRISTEN LEA FENSKE LANGE
a, NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 01/31/2022
..,\..tx3.4` ;,,ti Title (and Rank)
My commission expires: 1\--/J ` D..�
Drafted by:
Jeffrey S. Gustafson
153 East Lake Street
Wayzata, MN 55391
612-462-4000