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HomeMy WebLinkAboutdraft maintentenance plan and schedule Christine Mattson From: Theresa Zerby[TZerby@minnehahacreek.org] Sent: Wednesday, June 03, 2015 1:05 PM To: aberenberg@ae-mn.com Cc: greg@aspengroup.com; Melanie Curtis; Christine Mattson Subject: permit 15-193 documents Attachments: 15-193 draft maintenance plan and schedule.docx; 15-193 invoice.pdf; 15-193 maintenance declaration 10-21-13.docx; 15-193 Conditional Approval.pdf; declaration instructions 10-21-13.docx Hi Andy, Tom Dietrich asked me to contact you and give you copies of the conditional approval letter-for permit 15-193 (2687 Wayzata blvd) along with the declaration template and instructions on how to record the declaration. • You will need to attach to the declaration a copy of the survey, clearly showing the location of the vegetated Swale this will be labeled attachment A. • The maintenance plan which I also attached to this email is Attachment B and will need to be included in the declaration. • 1 have also included a copy of the invoice for$720.60 for the engineering fees and the cost of the public notice mailing. Please let me know if you have any questions on these documents. I would also suggest you have me review the declaration for completeness before you take it to be recorded at Hennepin county property records. Thank you, Theresa Zerby Regulatory Clerk Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 Phone 952-641-4519 Tzerby@minnehahacreek.org MINNENANA CREEK WATERSHED DISTRICT 1 MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE June 2,2015 Long Lake Properties, LLC The Minnehaha Creek 8525 E Pinnacle Peak Rd. Scottsdale,AZ 85255 Watershed District is committed to a RE: Notice of Conditional Approval for MCWD Permit Application No.15-193, leadership role in 2687 Wayzata Blvd.,Orono protecting, improving Dear Applicant: and managing the The review of this application and 14-day public comment period has concluded and the Minnehaha Creek surface waters and Watershed District has determined the above mentioned permit application to be complete. Therefore,the affiliated groundwater application is approved with the following conditions: resources within the o Submission of reimbursement for fees in the amount of$720.60; o Submission of a recorded declaration for:vegetated swales. District, including their relationships to the Once the above mentioned materials have been submitted and all permit conditions have been met staff will issue the permit. You are reminded that work on the project cannot begin until the permit has been issued. ecosystems of which they The approval expires one year from the date of this letter. If final municipal approval of the project results in are an integral part. changes to the project you must submit revised plans to the MCWD for review. We achieve our mission Please contact me at(952)641-4518 or tdietrich@minnehahacreek.org if you have any questions or concerns. through regulation, capital projects, Respectfully, education, cooperative endeavors, and other J • programs based on sound science, Tom Dietrich Permit&Compliance Coordinator innovative thinking, on informed and engaged constituency, and the cost effective use of public funds. Cc: Andy Berenberg,Anderson Engineering MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE Melanie Curtis,City of Orono Christine Mattson,City of Orono 6/3!2015 MCWD Invoice for permit 15193 MINNEHAHA CREEK f!; WATERSHED DISTRICT -- - OUALITY OF WATER,OUAUTY OF LIFE INVOICE Minnehaha Creek Watershed District 15320 Minnetonka Blvd March 20,0015 Minnetonka,MN 55345 952-471-0590 952-471-o682 TO: Long Lake Properties LLC 8525 E Pinnacle Peak Rd Scottsdale,AZ 85255 DISTRICT REPRESENTATIVE JOB PAYMENI'TERMS DUE DATE Permit 15-193 Check only Upon receipt FEES DESCRIPTION UNIT PRICE LINE TOTAL Mail Cost Mail cost $ 33.10 $ 33-10 Engineering Fees Engineering fees $ 687.50 $ 687.50 SUBTOTAL $ 720.6o SALES TAX $ 0.00 TOTAL 720.6o Make all checks payable to MCWD http://10.1.1.15:8080/PERM ITTING/reportsArrvace.php?permitrwmber=15193&recipiern=Long+Lake+Properties+LLCBaddress=8525+E+Pinnacle+Peak+Rd... 1/1 MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE DECLARATION INSTRUCTIONS 1. The highlighted text in the declaration template is guidance information. The highlight text either: a. provides instructions or guidance on how to complete the declaration—[TEXT IN ALL CAPITAL LETTERS AND BRACKETS]—or b. describes the information to be inserted into the blank immediately prior—(italicized and in parentheses) 2. All highlighted text should be removed once the declaration is correctly completed. 3. All property owners must execute the declaration and their signatures must be notarized. 4. The Consent& Subordination form must be completed by any party other than fee title owner holding an ownership interest in the property. (Most common is a bank holding a mortgage.) In cases where there are no additional interests,the consent and subordination section of the document may be deleted. 5. The following attachments are required: a. A site plan showing the location of the features regulated by the Declaration(e.g.Attachment A) b. Maintenance Plan and Schedule(e.g. Attachment B) c. Additional attachments can be used as needed 6. Create two original documents. The template and guidance information are provided solely as a convenience for permittees. Each permittee should consult his or her own legal counsel with specific questions and prior to executing any document that may affect le al ri hts. Please return a final draft to the MCWD(hard copy or via e-mail)for review&approval before recording. Following approval,the applicant is responsible for recording any required documents with the county. When you take the document for recording,please ensure you take TWO original copies. One copy will receive a barcode stamp and be handed back to you;this is your proof of recording. Proof of recording must be submitted to MCWD via fax, email,mail or in person before the permit can be issued. CARVERi County Recorder/Registrar of Titles Property Records Hennepin County Government Center,A-500 Government Center,Administration Building 300 South Sixth Street 600 East 4"' Street Minneapolis, MN 55487 Chaska, MN 55318 612-348-5139 952-361-1930 [MAINTAIN 41'MAR.GIN] DECLARATION THIS DECLARATION(Declaration) is made this day of , 201_, by [NAME OF ALL PROPERTY OWNERS;INCLUDE MARITAL.STATUS OF INDIVIDUALS], (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 103B and 103D. RECITALS WHEREAS Declarant owns real property within the City of Orono, HENNEPIN County, Minnesota, platted and legally described as: [INSERT LEGAL DESCRIPTION] (the Property) and no one other than Declarant, [NAME HERE ANY PARTY OTHER THAN DECLARANT (FEE TITLE OWNER) HOLDING AN OWNERSHIP INTEREST IN THE PROPERTY AND ATTACH"A COMPLETED CONSENT AND SUBORDINATION FROM EACH], has any right,title or interest in the Property; and WHEREAS,the Property constitutes the entirety of the land to which MCWD Permit# 15-193 applies; and WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions imposed by the MCWD as a condition to issuance of Permit# 15-193 for the mutual benefit of the MCWD and 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. 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 Attachment B, Maintenance Plan& Schedule and as follows: 1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for performance under this Declaration, and the MCWD may seek any remedy in law or equity against the Declarant as long as the declarant owns the Property and thereafter against the property owner to enforce the Declaration. 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. IN WITNESS WHEREOF,the undersigned has executed this instrument the day and year first set forth. DECLARANT: (signature) By: (print name) ll [DELETE SECTION HIGEMD IN BLUE IF SIGNING IN AN INDIVIDUAL CAPACITY; INCLUDE COMPLETED SECTION IN BLUE FOR ACKNOWLEDGEMENT IN A REPRESENTATIVE CAPACITY,E.G.,AS AN OFFICER OF A COMPANY)] State of County of This instrument was acknowledged before me on date by (name(s)of person (DELETE SECTION HIGHLIGHTED IN BLUE FOR ACKNOWLEDGEMENT IN AN INDIVIDUAL CAPACITY; INCLUDE COMPLETED SECTION IN BLUE FOR ACKNOWLEDGEMENT IN A REPRESENTATIVE CAPACITY,E.G.,AS AN OFFICER OF A COMP (Signature of notarial officer) (Stamp) Title (and Rank) My commission expires: This Instrument Was Drafted By: [INSERT NAME AND ADDRESS OF WHOEVER FILLED OUT THE TEMPLATE]' CONSENT AND SUBORDINATION a Minnesota corporation,the holder of a mortgage dated , [filed for record with the County Recorder] County, Minnesota on , as Document No. , hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, , a Minnesota corporation,has caused this Consent and Subordination to be executed this day of , 201_. (authorized signature) By: (print name) (title) of (company or organization) State of County of This instrument was acknowledged before me on (date)by (name(s)of person(s)) as (type o authority, e.g., officer, trustee, etc.) of (name of party on behalf of hom the instrument was executed). (Signature of notarial officer) (Stamp) Title (and Rank) My commission expires: ATTACHMENT B MAINTENANCE PLAN& SCHEDULE 1. STORMWATER FACILITIES a. Vegetated swales. Vegetated swales will remain 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 vegetated swale. b. Reporting. The Declarant will submit to the MCWD annually a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed.