HomeMy WebLinkAbout05-496 DeclarationDoc No 9192178 10/09/2008 02:00 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 448096 Deputy 45
Fees
35.50 DOC
10.50 SUR
46.00 Total
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Certified to be a tr a a, A correct copy of theoriginalonfileandofrecordinmyoffice
DEC 2 3 2008
MICHAEL H. CUNNIFF, COUNTY RECORDER
v',' 0
ANN cool .
JAN 7000
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
i
INSTRUMENT made this day of Oc-'ro — , 2008, by and
between Hashem Abukhadra, Trustee of the Irrevocable Trust Agreement of Suad
Azhari u/t/a dated March 23 1990, the Grantor, and the CITY OF ORONO, a
Minnesota municipal corporation ( "City ").
I
WITNESSETH-
The Grantors, in consideration of good and valuable consideration paid by the
City, the receipt and sufficiency of which is hereby acknowledged, hereby create and
grant unto the City a permanent flowage and conservation easement ( "the Easement ") for
the purposes set forth in this instrument, over, under, and across the wetland and wetland
buffer as described on the attached Exhibit A and depicted on the attached Exhibit B (the
easement premises ").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby
covenant and agree as follows:
I
1. That the following are'prohibited in perpetuity within the portion of the Easement
depicted in Exhibit B as ",-WETLAND ":
A. Constructing, installing, maintaining anything made b man, including
but not limited to buildings, walkways, fences, retaining walls, fireplaces,
clothes line poles, playground equipment, roads, hardcover of any kind, underground
utility lines and distribution equipment, light poles, traffic signals, traffic regulatory
signs, mailboxes; except: I) feeders, bird houses, and other devices intended to foster
wildlife; and 2) docks or boardwalks when allowed by City ordinance and under a valid
City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove brush,
diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of earth, loam,
peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
r,
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
1. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. Establishment and Maintenance of Wetland Buffer. The wetland buffer, being that
portion of the " easement premises" measuring 16.5 feet to 35 feet in width at
all points surrounding the wetland, the outer boundary of such buffer being
legally described on Exhibit A and the extent of which i&depicted on Exhibit
B and labelled,as "BUFFER ", shall be established and improved to become an
acceptable buffer area" as described within City Ordinances, and shall
thereafter be maintained by Grantors in perpetuity free from mowing or other
vegetative disturbance, fertilizer application, yard or other waste disposal, the
placement of structures or any other alteration that impedes the function of the
buffer in protecting the quality of water in the wetland or buffering flows into
the wetland.
3. Grantors for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the
easement premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with the
terms of this instrument.
C. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and
perform on the easement premises such acts as are not inconsistent with the
easement rights granted to the City herein. Such uses shall be deemed to
include, but not be limited to planting of trees, flowers, and other vegetation
consistent with a conservation easement; walking along trails and paths; bird
watching; the study of nature; and all other acts of a similar nature or purpose.
4. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual
flowage easement and right and privilege to trespass with water over and upon
any or all of the Easement Premises.
5. Grantor(s) herein do hereby remiss, release, acquit and forever discharge,
forever, the City and any and all of its officers and employees of and from any
and all claims, demand or causes of action of any kind or nature whatsoever
which may arise or accrue by virtue of any flowage or trespass with water
within terms of these agreements.
6. Grantor(s) do not intend that the public should have any interest in the above
IN WITNESS WHEREOF, the Grantor has set his hand effective as; of the day
and year set forth above. I
GRANTO R:
HashernAVAG-11adra,Trustecof the Irrevocable
Trust Agreement of Suad Azhari u /t /a
dated March 23, 1990
STATE OF MINNESOTA)
ss.
COUNTY OF I,T
i
The foregoing instrument 'was acknowledged before was acknowledged before me this
3 day of Qc zj--,1 ---' 2006, by Hashem Abukhadra, Trustee of the Irrevocable
Trust Agreement of Suad Azhari u/t/a dated March 23 1990, Grantor.
NOTARY PUBLIC
JOHN A ]ROSSEG: NOTARY,PUBLIC
My Comamon Exp----------------
THIS INSTRUMENT WAS DRAFTED BY:
Marinus W. Van Putten, Jr.
225 South Second, Suite 4000
Minneapolis, MN 55402 -4331
612) 339 -7121 TRANSFER ENTERED30011VCOUNTYTWAYRSEWCO
11 *
1.
8
MI
BEPUTY
EXHIBIT A
LOT 1, Block 1, FOX ISLAND
An easement for wetland and wetland buffer purposes over that part of Lot 1, Block 1,
FOX ISLAND described as follows* Commencing at the northwest comer of said Lot 1;
thence on an assumed bearing ,of South 0 degrees 02 minutes 55 seconds East along
the west line of said Lot 1 a distance of 57.83 feet to the point of beginning of the
easement being described; thence North 26 degrees 32 minutes 41 seconds East a
distance of 28.05 feet, thence northeasterly, easterly and southeasterly along a
tangential curve concave to the south having a radius of 35.00 feet and central angle of
135 degrees 02 minutes 01 seconds a distance of 82.49 feet; thence North 51 degrees
29 minutes 26 seconds East a distance of 37.78 feet; thence North 80 degrees 25
minutes 54 seconds East a distance of 53.54 feet; thence South 74 degrees 31 minutes
East a distance of 63.15 feet; thence South 48 degrees 56 minutes 59 seconds East a
distance of 45.27 feet; thence North 10 degrees 58,minutes 33 seconds West a distance
of 30.99 feet; thence South 80 degrees 39 minutes 21 seconds East a distance of 51.07
feet; thence South 8 degrees 03 minutes 18 seconds East a distance of 69.34 feet;
thence North 57 degrees 54 minutes 29 seconds West a distance of 44.52 feet; thence
South 10 degrees 03 minutes 20 seconds East a distance of 45.92 feet; thence South 69
degrees 35 minutes 15 seconds East a distance of 34.49 feet; thence South 49 degrees
35 minutes 09 seconds East a distance of 38.64 feet; thence South 82 degrees 23
minutes 02 seconds East a distance of 46.20 feet to the northerty segment of the
easterly line of said Lot 1; thence on a bearing of South along said segment a distance
of 41.13 feet; thence North 89 degrees 18 minutes 05 seconds West a,distance of 28.63
feet; thence North 78 degrees 31 minutes 01 seconds West a distance of 41.12 feet;
thence North 80 degrees 25 minutes 31 seconds West a distance of 41.44 feet; thence
North 66 degrees 14 minutes 02 seconds West a distance of 38.48 feet; thence South
80 degrees 46 minutes 40 seconds West a distance of 46.57 feet; thence South 84
degrees 47 minutes 44 seconds West a distance of 63.77 feet; thence,North 59 degrees
44 minutes 48 seconds West a distance of 66.06 feet; thence South 45 degrees 15
minutes 59 seconds West a distance of 16.33 feet; thence South 12 degrees 30 minutes
29 seconds West a distance of 20.79 feet; thence South 47 degrees 27 minutes 40
seconds East a distance of 32.88 feet; thence South 64 degrees 03 minutes 31 seconds
East a distance of 46.24 feet; thence South 29 degrees 49 minutes 21 seconds East a
distance-of 70.20 feet; thence South 43 degrees 08 minutes 48 seconds East a distance
of 47.16 feet; thence South 38 degrees 49 minutes 12 seconds East a distance of 43.83
feet, thence South 40 degrees 56 minutes 31 seconds East a distance of 53.20 feet;
thence South 42 degrees 04 minutes 13 seconds East a distance of 51.37 feet; thence
South 49 degrees 22 minutes 52 seconds East a distance-of 39 92 feet; thence South 80
degrees 58 minutes 33 seconds East a distance of 59.29 feet; thence South 78 degrees
51 minutes 55 seconds East a distance of 66.32 feet; thence South 79 degrees 54
minutes 43 seconds East a distance of,62.80 feet; thence South 67 degrees 53 minutes
17 seconds East a distance of 116.34 feet; thence South 60 degrees 27 minutes 31
seconds East a distance of 62.40 feet; thence North 88 degrees 35 minutes 45 seconds
East a distance of 28.95 feet to the southeasterly line of OUTLOT B, said FOX ISLAND;
thence southeasterly along said southeasterly line to the most easterly comer of said Lot
1; thence westerly along the southerly line of said Lot 1 to the southwest comer of said
Lot 1; thence northerly along the westerly line of said Lot 1 to the point of beginning.
LOT 2, BLOCK 1, FOX ISLAND
An easement for wetland and wetland buffer purposes over Lot 2, Block 1, FOX ISLAND
EXCEPT that part of said Lot 2 described as follows: Beginning at the most northerly
comer of said Lot 2; thence South 18 degrees 57 minutes 31 seconds East (assuming
the easterly segment of the northerly line of said Lot 2 has a bearing of South 54
degrees 17 minutes 51 seconds West) a distance of 38.08 feet; thence South 66
degrees 02 minutes 48 seconds West a distance of 81.10 feet; thence South 70 degrees
49 minutes 09 seconds West a distance of 70.44 feet; thence South 62 degreed 58
minutes 20 seconds West a distance of 66.14 feet; thence South 51.degrees 20 minutes
44 seconds'East a distance of 17.00 feet; thence South 59 degrees 23 minutes 50
seconds East a distance of 65.96 feet; thence South 53 degrees 27 minutes 29 seconds
East a distance of 88.37 feet; thence South 47 degrees 39 minutes 13 seconds East a
distance of 78.18 feet; thence South 48 degrees 32 minutes 18 seconds East a distance
of 52.85 feet; thence South 36 degrees 53 minutes 20 seconds East a distance of 65.48
feet; thence South 41 degrees 30 minutes 56 seconds East a distance of 57.82 feet;
thence South 10 degrees 37 minutes 04 seconds East a distance of 88.69 feet; thence
South 3 degrees 37 minutes 58 seconds West a distance of 94.99 feet; thence South 8
degrees 04 minutes 04 seconds East a distance of 49.06 feet; thence South 36 degrees
02 minutes 24 seconds East a distance of 11.53 feet; thence North 68 degrees 27
minutes 17 seconds East a distance of 46.87 feet; thence North 77 degrees 24 minutes
45 seconds East a distance of 84.76 feet; thence South 10 degrees 18 minutes 31
seconds East a distance of 42.03 feet; thence North 33 degrees 09 minutes 51 seconds
East a distance of 32.78 feet; thence North 42 degrees 29 minutes 15 seconds East a
distance of 49.44 feet, thence North 61 degrees 10 minutes 11 seconds East a distance
of 41.62 feet; thence North 20 degrees 50 minutes 45 seconds East a distance of 57.48
feet; thence North 10 degrees 22 minutes 54 seconds West a distance of 29.83 feet;
thence North 38 degrees 49 minutes 50 seconds West a distance of 63.39 feet, thence
North 26 degrees 14 minutes 23 seconds West a distance of 63.51 feet; thence North 24
degrees 15 minutes 43 seconds West to the easterly segment of the northerly line of
said Lot 2; thence westerly , northwesterly and northeasterly along the northerly Imes of
said Lot 2 to the southwesterly line of OUTLOT B. said FOX ISLAND; thence westerly
along said southwesterly line to the point of beginning.
LOT 5, Block 1, and OUTLOT A, FOX ISLAND
An easement for wetland and wetland buffer purposes over that part of Lot 5, Block 1,
and OUTLOT A, FOX ISLAND described as follows: Commencing at the northwest
comer of said Lot 5; thence on an assumed bearing of South along the west line of said
Lot 5 a distance of 150 87 feet to the point of beginning of the easement being
described; thence North 86 degreed 20 minutes 42 seconds East a distance of 29.24
feet; thence South 86 degrees 07 minutes 49 seconds East a distance of 61.95 feet;
thence South 86 degrees 05 minutes 35 seconds East a distance of 47.09 feet; thence
North 88 degrees 27 minutes 00 seconds,East a distance of 60.08 feet; thence North 85
degrees 33 minutes 40 seconds East a distance of 21.64 feet; thence on a bearing of
South a distance of 15.05 feet; thence North 85 degrees 33 minutes 40 seconds East a
distance of 23.97 feet; thence North 86,degrees 47 minutes 22 seconds East a distance
of 55.22 feet; thence South 67 degrees 17 minutes 14 seconds East a distance of 85.67
feet; thence South 64 degrees 51 minutes 36 seconds West a distance of 70.33 feet;
thence South 78 degrees 56 minutes 42 seconds West a distance of 47.41 feet; thence
North 85 degrees 32 minutes 59 seconds West a distance of 59.56 feet, thence North 85
degrees 28 minutes 00 seconds West a distance of 55.72 feet; thence North 82 degrees
38 minutes 52 seconds West a distance of 62.17 feet; thence North 88 degrees 45
minutes 33 seconds West a distance of 51.06 feet; thence North 82 degrees 59 minutes
47 seconds West a distance of 40.04 feet to the westerly line of said OUTLOT A; thence
northerly along the westerly lines of said OUTLOT A and Lot 5 to the point of beginning.
Lot 4, Block 1, FOX ISLAND
An easement for wetland and - wetland bufferipurposes over that part of Lot 4, Block 1,
FOX ISLAND which lies southeasterly of the following described line: Commencing at
the southeasterly comer of said Lot 4; thence on an assumed bearing of North 84
degrees 00 minutes 00 seconds West along the southerly line of said Lot 4 a distance of
99.16 feet to the point of beginning of the line being described; thence North 35,degrees
36 minutes 25 seconds East a distance of 11.51 feet; thence North 48 degrees 40
minutes 22 seconds East a distance of 65.09 feet; thence North 86 degrees 25 minutes
18 seconds East a distance of 7.91 feet to the northeasterly line of said Lot 4, and said
line there ending.
LOT 3, Block 1, FOX ISLAND
An easement for wetland and wetland buffer purposes over that part of Lot 3, Block 1,
FOX ISLAND which lies easterly of the following described line; Commencing at the
southeasterly comer of said Lot 3; thence on an assumed bearing of West along the
south line of said Lot 3 a distance of 393.18 feet to the point of beginning of the line
being described; thence North 24 degrees 15 minutes 43 seconds West a distance of
42.55 feet; thence North 4 degrees 35 minutes 48 seconds West a distance of 65.80
feet; thence North 13 degrees 09 minutes 55 seconds West a distance of 47.96 feet;
thence North 19 degrees 50 minutes 34 seconds West a distance of 48.55 feet; thence
North 24 degrees 42 minutes 13 seconds West a distance of 64.39 feet; thence North 38
degrees 40 minutes 16 seconds West a distance of 63.65 feet; thence South 88 degrees
13 minutes 16 seconds West a distance of 80.87 feet; thence North 35 degrees 36
minutes 25 seconds East a distance of 105.09 feet to the northerly'hne of said, Lot 3, and
said line there ending.
EXHIBIT A
LEGAL DESCRIPTION
Lots 1 through 6, Block 1, Fox Island.
017583 - 250001
Lot 6, Block 1, FOX ISLAND
An easement for wetland and wetland buffer purposes over that part of Lot 6,
Block 1, FOX ISLAND which lies northeasterly of the following described line;
Commencing at the northeast comer of said Lot 6; thence on an assumed
bearing of South 0 degrees 27 minutes 35 seconds East along the east line of
said Lot 6 a distance of 225.31 feet to the point of beginning of the line being
described; thence North 52 degrees 09 minutes 09 seconds West a distance of
61.33 feet; thence North 22 degrees 02 minutes 18 seconds West a distance of
26.42 feet; thence North 71 degrees 56 minutes 10 seconds West a distance of
19.85 feet; thence North 83- degrees 09 minutes 59 seconds West a distance of
56.69 feet; thence North 70 degrees 14 minutes 18 seconds West a distance of
54.55 feet; thence North 54 degrees 27 minutes 03 seconds West a distance of
55.13 feet; thence North 38 degrees 02 minutes 53 seconds West a distance of
34.34 feet; thence North 29 degrees 07 minutes 40 seconds West a distance of
52.51 feet; thence North 42 degrees 43 minutes 22 seconds East a distance of
34.84 feet to the northerly line of said Lot 6, and said line there ending.
ALSO
An easement for wetland and wetland buffer purposes over that part of Lot 6,
Block 1, FOX ISLAND which lies southerly of the following described line;
Commencing at the southeast comer of said Lot 6; thence on an assumed
bearing of North 0 degrees 27 minutes 35 seconds West along the east line of
said Lot 6 a distance of 219.24 feet to the point of beginning of the line being
described; thence North 38 degrees 13 minutes 53 seconds West a distance of
35.44 feet; thence North 52 degrees 32 minutes 35 seconds West a distance of
62.62 feet; thence North 87 degrees 45 minutes 59 seconds West a distance of
76.55 feet; thence South 56 degrees 26 minutes 23 seconds West a distance of
92.60 feet; thence South 20 degrees 45 minutes 12 seconds West a distance of
32.19 feet; thence South 86 degrees 54 minutes 11 seconds West a distance of
46.86 feet; thence South 53 degrees 07 minutes 02 seconds West a distance of
75.22 feet, thence South 48 degrees 49 minutes 40 seconds West a distance of
43.66 feet; thence South 63 degrees 38 minutes 19 seconds West a distance of
37.06 feet; thence South 86 degrees 25 minutes 18 seconds West a distance of
46.94 feet to the southerly segment of the westerly line of said Lot 6, and said
line there ending.
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08/27/2008 16:39 FAX 952 473 4435 GRONBERG & ASSOCIATES
DECLARATION
0002
THIS DECLARATION ( "Declaration ") is made this 20 day. of August, 2008, by
Hashem Abukhadra, Trustee of the Irrevocable Trust Agreement of Suad Azhari u /t /a
dated March 23,1990, ( "Declarant ")
RECITALS
WHEREAS, Declarant is the owner of real property within the City of Orono,
Hennepin County, Minnesota, platted and legally described as:
Fox Island
the "Property") and no one other than Declarant, [name additional parties executing
declaration of Consent and Subordination], has any right, title or interest in the
Property; and
WHEREAS, the Property constitutes the entirety of the land to which Minnehaha
Creek Watershed District Permit #05 -496 applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions imposed by the Minnehaha Creek Watershed District as a condition to
issuance of their Permit #05496 for the mutual benefit of the owners of the Property.
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.
AUG -27 -2008 16:23 952 473 4435 96% P.02
1081/,27/2008 16,:39 FAX .952 473' 4435 GRONBERG '& ASSOCIATES 1101003'
1. Wetland Buffer. The wetland buffer, measuringl6.5 to 35 -feet in width at
all points' surrounding the wetlands as delineated-loo thelsite plan for the Property
attached hereto and' incorporated herein as Attachment,A, shall be maintained by
Declarant in perpetuity free -from, mowmg,or'other vegetative disturbance,.fertilizer,
application; yard or, other waste, disposal, the placement.of,stnxctures or any other
alteration that impedes, the function -of4he'buffer in prote_c-ting,the quality of water;irr
the wetland or buffering tlowsl into the wetland.
2. Street Sweeping. All' streets _ and public ways within' the Property shall' be,
swept at least twice each' year; in the spring following snowmelt and in the fall,after leaf
fall.
3. Stormwater Facility Maintenance. The terms' of Attachment B,
incorporated herein, shall apply to,the stormwater management facilities indicated on
the site plan for the Property attached hereto and incorporated! herein as on
Attachment A, identified as follows:
Stormwater Pond' Maintenance
4. Swales and Perhious Areas.
5. The recitals set forth above,are expressly incorporated' herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument the dayand, year first set forth.
S'L'ATE OF'MINNESOTA )
Sq.
COUNTY 1OF HENNEPIN)
DECLA N r :
Notary P lic
JOHN A'ROSS
NOTARY PUBLIC • MINNESOTA9MvCommission &Vres Jam 31 2010
AUG -27 =2008 16:24 952 473 4435 96% P.03
08%27'/2008 16:99 FAX 852 473 44315 GRONBERG, & 'ASSOCIATES 160041
Thin Inst mmeait Was Drafted By: Gronberg & Associates, Inc.
445 N Willow Drive
Long Lake, NIlV 565356
AUG -27 -2008 16 :24 952 473 4435 96% P.04
O,8;/,2,T/2008,'16,:39j FAX 952 473 4435
i
GRONBERG & ASSOCIATES
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P.05
08/27/2008 16:40 FAX 952 473 4435 GRONBERG & ASSOCIATES
ATTACHMENT B
STORMWATER FACILITY MAINTENANCE
These terms apply to the stormwater facilities constructed pursuant to
Minnehaha Creek Watershed District permit application number 05 -496.
Z006
WHEREAS, application has been made for a permit from the MCWD pursuant
to MCVVD Rule N, Stormwater Management; and
WHEREAS, the property that is the subject of the permit is legally described in
the Declaration into which this Attachment is incorporated, and the facilities on the
property to which these maintenance requirements apply are as follows:
NURP Pond
WHEREAS, MCWD Rule N provides that a maintenance agreement shall be
submitted for stormwater treatment ponds, outlet structures for such ponds, culverts,
outfall structures and all other stormwater facilities, and that the maintenance
agreement shall specify methods,'schedule and responsible parties for maintenance and
must include at a minimum, the elements contained in the District's Maintenance
Agreement Form.
NOW, THEREFORE:
1. The property owner shall inspect the stormwater retention and treatment
basin(s) at a rr nimum of once a year to determine if the basins retention and treatment
characteristics are adequate. A storage treatment basin will be considered inadequate if
sediment has decreased the wet storage volume by :V2 of its original design volume.
Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout,
the property owner shall restore the basin(s) to its original design contours within one
year of the inspection date.
2. The property owner shall inspect the grit chambers, sump catch basins,
sump manholes, outlet structures, culverts, outfall structures or other stormwater
facilities for the project in the spring and fall of each year. The property owner shall
remove all sediment and debris during the inspections such that the stormwater
facilities operate as designed and permitted.
3. The Declarant will submit to the MCWD annually a brief written report
that describes the maintenance activities performed under this declaration, including
dates, locations of inspections and the maintenance activities performed.
AUG -27 -2008 16:24 952 473 4435 96% P.06
08- 727/2008 16,:40 FAX 952' 473; 4435 GRONBERG,A ASSOCIATES
4. Violation of the inspection and /or maintenance provisions {of this'
Agreement is a violation of the,MCWD permit for the, project for which the MCWD,may
take action against theproperty, ,owner. .
r
i
AUG -27 -2008 16 :25 952 473 4435 96% P. 07'
maintain 3" top margn]'
DECLA 'ATION
THIS DECLARATION (" eclaration ") is made this 2ci day of
6- , 200 ; by n9 J ttokE- "Declarant ").
RECITALS,
WHEREAS, Declarant is the owner of real property within the City of
0,<0.4/,OyNO ./E, 10 ,yCounty, Minnesota; platted and, legally described as:
Insert legal i land, description]
Fix lje 4,-d
the "Property-) and no,one other than Declarant, [name additional parties
executing declaration of Consent and Subordination]; has any right, title or
interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which
Nffi,mehaha Creek Watersheds District Permit # Q '/Vapplies; and
WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of their Permit #Ofy9for the,mutual benefit of the owners
of the Property.
NOW, THEREFORE, Declarant,makes ;this, Declaration and hereby
declares that this Declaration shall constitute, covenants to run wit1h 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, andl assigns:
1. Wetland, iBuffer. The wetlands buffer, measuring . feet in width at
all, ,points surrounding the, wetlands asi delineated on the site plan for the
Property attached 'hereto,and, -incorporated'herein as Attachment,A,,shall',,be,
maintained' by Declarant in, perpetuity free from, mow -mg or other vegetative
disturbance, fertilizer application; yard' or other waste disposal,, the placement
of structures or any other alteration that impedes the function of the ;buffer in
protecting the;quality of water in the wetland'or- buffering flow&into the
wetland.
2. Street Sweeping. All,streets and' public ways within the Property
shall be swept at least twic&each year, in the spring following, snowmelt and in
the fall after leaf fall.
3. Stormwater Facility Maintenance. The terms, of Attachment B,
incorporated herein, shall apply to the stormwater management facilities
indicated on the site plan for the Property attached hereto and incorporated
herein as on Attachment A, identified as follows:
list,stormwater management facilities]
4. Swales and Pervious Areas.
5. The recitals, set forth above are, expressly incorporated herein.
IN WITNESS 'WHEREOF, the undersigned has executed this instrument
the day and' year first set forth.
DECLARANT:
By:
Name and repres five capacity, if
applicable]'
P
STATE OF MINNESOTA)
Ss.
COUNTY OF A16wAwFn.,,., )
2