HomeMy WebLinkAboutThe Declaration [MAINTAIN 4"MARGIN]
DECLARATION
THIS DECLARATION(Declaration) is made this 19th day of December_, 2014, by John
Brunello (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:
PID: 10-117-23-22-0001
Municipality: ORONO
Addition Name: UNPLATTED 10 117 23
Lot:
Block:
N 235 FT OF E 200 FT OF LOT 7
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(the Property) and no one other than Declarant, , has any right, title or interest in the Property; and
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WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit# 14-613
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#14-613 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
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. Pesticides and herbicides may be used in accordance with Minnesota
Department of Agriculture rules and guidelines.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.
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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set
forth.
DECLARANT:
(signature)
y: o runello
State of Minnesota
County of Hennepin
This instrument was acknowledged before me on December 19, 2014, by John Brunello
as property owner.
(Signature of notarial officer)
(Stamp)
ki C"Q C U- v'Title (and Rank)
My commission expires:
13 12,0 CK
erby
ta/31/2018
This Instrument Was Drafted By:
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REVISIONS
BUILDING PAD
09-25-13 DBP
r NEW STRUCTURE, JJA
i� HARD COVER 10-1414
MOVED STRUCTURE,
i HARDCOVER 10-22-14 EMW
NEW STRUCTURE, JJA
HARD COVER 12-01-14
1933.3
• NEW STRUCTURE,
.929,8 • / \\ 1 933.1 = �L\ �.P�+� ` ELEVATIONS 12-08-14 JJA
/ \\ STTE ADDRESS
931.3 825 Willow Drive South,Or mo,Minnesota. oo
WET
929.5 lA-14
��T i\ .929.5 OJT0 -) 1
NORTH \\ �'�NOR1R SINE OFZ OVERNMENT LOT 7 I 11 11 111�-REF.MONUMENT U O
_ \ X12,9 N89�41 59'W 4yt/w 29610012961001CORER FALLS IN DESCRIPTION OF SUBJECT PROPERTY
20 10 0 10 20 40 -930.8 1�- /24.54 .931.3 - g q2 - - 776 The North 235 fat of the East 200 feet of Government Lot 7,Section 10,Township 117,
NET
1 L .��Rp1T I 1 'POL 18.70 CORNER FALLS N P Range 23,
1CT IA-1 START I 2.1 .931.4 931/ ' - -1 WETLAND Henn m Com Minnesota,scan N
SCALE IN FEET \ \ / :30.3 1 3.-i eP County, tot, [ding to the Government Survey thereof In
\/ 1I�� 1 Ir„ ono L_ rn
\
SET
.11931.41,41R PRESERVE - WETLAND' \ )� / 932� r''•1 co
NOTES I.0
l I - I s33.2 rD �tQ\ 11\I ; 1 a This survey does not purport to show all underground utilities.The sours of information from plans and marldngs
831.6\WE1.to I S L \ `p\ \ o will be combined with observed evidence of utilities to develop a view of those underground utilities.However,
\ '� 1ttEE UNE 1 3�1�� 9S-y_ \ \ 1 t 1 .rF1� y lacking excavation,the exact location of underground features carrot be accurately,completely and reliably depicted.
Jv_ Ot . ME7 tA-3 g}t. 1 Where additional or more detailed information is the client is advised that excavation be necessary.
`J Q
.g}t.6 I a I. EDOE 1 4 \\ \ 929 1 S� _1 t ' 1Q, I led, may fJ
0 \I� WET WET IA-] "\ ) / p rt y existing utilities before commencing;work.The
DEC
2014
}t.] 9MFT 1M5 I WET IA-5 .� \y-831.5 /WET to-1 1� _� The contractor shell r4e.....;..a erns N Q
J E C � L��� �93,5 ' 1 the exact location ofany root all li
.
93. I WET IA-4 Sec wEi to-tip contractor shall be full y damages arising Out of his fhd m to exactly locate and protect all Uj
?�
" 7 1AA., >• existing utility facilities moble form and all
I / 31.6 t ut
j --- WET 1A-10 1 31.3 1 v ••• }
-30-----+� T�9i6 p�I 1 Contra GOPHER STATE ONE CALL at 651454-0002 for precise onsite location of utilities prim m my 1 3
excavation.
I � 1 W
/ \ 1 $1.c 933.3 No title commit was provided or retied upon as to matters of record. `,[-
9}x.0 // \ \�29J ' 9330 of
LEGEND DR / 2.3 (t 11 1 1 The subject property appears to he within Zone X,(area of areas outside the 1-percent annual chance floodplain, _
AIS Denotes Advertising-Informational Sign *s},.] oo �93t.$ \ -�/ 9]2.6 0 1 1 areas of 1%annual chance abed flow flwhere average depths are less than 1
stream fl where the contributing flooding
B foot,areas ed l%annual chance 0
h \ ` 1 1 honing nag drainage area is leas then 1 equate min.it areas protected firms the purchase
AC Denotes Air Conditioning Unit N I / \\__ � / 1 1 i i annual china flood by levees.No Base Flood Elevations or depths are showy within this zone.Insurance pmchae is N
BFE Denotes Basement Floor Elevation \ I / I 1 1 1 not requirM in these zones and Zgne A(Areas with a 1%annual chanceof flooding and a 26%chaace of flood'mg //'� o
CB Denotes Catch Beam I / /� 931.5 i1 / over the life oft 30-year mortgage.Because detailed analyses are not performed for such areas,an depths or base V J V
\ I W z e-7 ,f 3t.3 /
&BOX Denotes Curb Box -'� I j 8322 ELEVATION 1 � 1� -1 YET } 1 flood elevations are shown within these zones J,per the National Flood Insurance Program,Flood Insurance Rate
COL Dentes Building Column /� �� 1 \I . Map Community Panel No.27053CO304E,dated September 2,2004 as acquired Som tile Federal Emergency
/ I\ / < 1 err / N / Management Agency Web Site.
BEE Denote Building Entrance Elevation 1 o O /ti 1 OFS Sb
TB Denotes Tele/Comm.Box/Pod // W W i \ �� //--w //9�0.s 11 , 0 1 Area Information: Gross: 47,000 sq.R-1.079 acres ,�1 ~'t'6
CHH Denotes Communication Havdhole R/W: 11.340 sec.ft.-0160 aces
CMH Denotes Communication Manhole < 1 en POI I r^ 1 sl yVe ' 35,660 sq.R-0.619 acres ,
CONIC Denotes Concrete Surface \ 24 lV 1 I ' O 1 t \ N POI N y
CMP Denotes Corrugated Metal Pipe/Sire \\ 11 p / 1 I C !1 '1 1 ►-REF.MONUMENT Jf
\ 9320 6131) O M 932.4 !\ '+� \ S1.B Is3 tg-2 "�1-MENOFALL9 IN Current zoning and setback mf0[mallm:
DIP Denotes Ductile Iron Pipe/Sim \ WET t-toz "-'�r'1_T_ ''
d 2
a[i 1- ENO / r 31.9 •932.5 p � t 79-s � 1 Zoning:RR-IB-One Family Rural Residential ryi �V
EB Denotes Electric Box -T -\ I /� • \1 5 9317. 2.6 Q3d7 N ON3 DES
EHH Denotes Electric Handhole 93,.8 - I ' ` 39sPt 161- N 1 Building Setbacks:Front Yard-50 feet
TRAN Denotes Electric Transferer WET t-9 1 I/ l ,,I 932] • �� ] 1 Rear Yard-50 feet
m
EMH Denotes Electric Manhole I/ : I --t \ n 113-9 , 933,5 Side Yard-30 feet
EM Denotes Electric Mater
FH Denotes Fire Hookup '931.3 /I \ N
Denotes Flag Pole } t 1 Building Height:2-12 Stories-30 loot.
FP 932.0 / I - _ sec. `s--ss.� 933,5 t 33.5
WET I-e N I \ h \ qy3, a NAIL \ *Zoning and Setback information provided by the PlamiOg Department of the City of Orono.
FES Denotes Flared End Seaiou/Size Q� �\ 210 _ -
GASV Denotes Gas Valve WETLAND �1.. / I }' _ _ L-- .^ 9.sr P12 .9 .4 1 Survey coordinate and bearing basis:Hennepin County
GFE Denotes Garage Fluor Elevation 1, / ,mr-i 9 1 �jy
GM Denotes Gas Meer 1 i� DE5.3 P934 9 ,{•?31.3 1 certification or to this survey m sketch may be Performed by any Person other than the sweyor sl Itis �r3
GDL Denotes Ground Liget 932.0♦ IC - __ /I �8 Y+i
WET t-7 / �g} 9�. \� -�1 Pins under his direct supervision.This drawing and data is protected by federal copyright laws.
GP Denotes Guard Post 1.4 / T I I 9.78933.4 933.7 14 _ - \ --- i 1 Its reproduction and redistribution without proper consent is prohibited_
GYW
Denotes Who 932.0 - 93 4 9331 !N -- 934.3 O
_ Benchmark: Water elevation otlake Minnetonka November 20,2012.=927.70 feet
' WET 1-)a 33.2 /�.19r" �,93. / G
} 93�. n - \.,/ \ s 8 3' _ (Per Mimehaha Creek Watershed district web Site)
HCSHYD Denotes Denotes Handicap Parking Sign III 9 1
95
LP IhnotesL�tPoy lent TP "0 s3z.zll d?, ,a 'x°o 14.7 '���'-d��'I
�F' p�WET 1 a YS 932.9 yC �^ 9 o a _ "" r 1 EXISTING HARDCOVER INFORMATTON
MB Denotes Mailbox •931.2 lti sA R Y 'a i_.:.. _ \ q, 1 I, t 1 O q t�
NOP Denotes No Parking Sign P I\ " _\ - gas 5-_ "�+ \ 9 3 ' HoaeJGarage: 2,105 aq.R
OH Denotes Overhead Utdity Lina 931.2 I s z.z 1 6 0 .940.] 1. 40.5\ 39A 1 Gravel Driveway: 1,188.q.fL p¢! Fr�.r•y�
PKS Denotes P S- t It- I� \ 6.0. \ -' .933.1 , CLscrete Stnfecp: 242 sq.R
PIV Denotes Past Indicator Valve I `\ }2. . 93 �\ 12] F'6 ' 940] \I\lam ,939a 0HU�.\ \uP}.g t Saws: 241 sq
61 s0.fL l0. s+•4
932 J
RCP Denotes Re-inforced Concrete Pipe/Size WET I at It m q.s n 40,7 \ �\\ , 1 Total: 3,838 aq-R U P.
IF/�r'yi4
RD Denotes Roof Dram ,930A \'\ \ c _ e 8 w
:9.Ij` 932.2 -x[A 26 0 \ / 1
SCO
Denotes Sanitary Clement ,t , 1 I- P 39
SMH Denotes Sanitary Manhole _ \ Hardcover Percentage-Gross Ates: 3,838/47,000 8.17% O
1722 \ \ 11` I ' 93as 1 Hmdoover Petcenhge-Not Ata: 3,838/35,660=10.76% E"'4 ti
\ I SROO \-. >� \ :\ _4 I \ 1I 1 934.6
SV Denotes Septic Vent � r�\ 7O.J2 -- .6
STP Denotes stop$Igo WETLAND )931[ r 9w 200.OU \938.6 .7 a)JNa 93 1 1 PROPOSED HARDCOVER INFORMATION-TIER 3 W
STMH Denotes Storm Manhole \,929i E'9 1 START z.o �p3$ L 't �+ ,f.` ` ?3T-A 1,933.9 1 1 U
TRS Demotes Traffic Control Sim cAAT _ _-� gg304 "N IO On In •9u.g'1 1 \1 ` I \\ u Driveway: 2.496 sq R
TL Denotes Traffic Light "1 Gi 1 9sr! Y t� ,941 84 1 1 \1 1 I \ 1 Driveway: 1,934 sq,ft.(1,468 sq.R)
Porcb/Deck: 317 sq.ft.
UGC Denotes Underground Communication Line . .�,.�, .8 .4 II ; •940.s 1 1 11 1 \ ' Stoop: 119sq.ft
LICE Denotes Underground Electric Line :_{I.\' 1 1 1 SN NAIL 1 1 1 I 1 t 1 Sidewalk: 95 sec ft
UGG Denotes Underground Gas Line \ 11 1 1 \\ 1 1�1 11 i Total: 4,961 aq.ft.(4,495 Sq.R)
SAN Denotes Underground Sanitary Sewer \ 1 \ 11 \
ST Denotes Underground Storm Sewer \ 1 \ \ \\ / 1 II I 1 1 Hardcover Percentage-Gross Ara: 41961/47,000 a 1035%
1 / 11 tr3a1t I 1 Hardcover Percentage-Net Area: 4,495/35,660-12.61%
UP Denotes Utility Pole \ 1 \ \ \ 1 1 I DRAWN
\ \ \ \ �I 1 t Hmdcovo sAall wt oozd tivey-fie porene o/ue g,nNWmm DBP
ULP Denotes U6lity/LigM Pole 1 1 1• ,
\ \ \ \ ,I !!1) 933.6 I 1 CHECKED
TNH Denotes Top Nn afHydrant 1 1 \ \ \ / 93e.5 U '\ 3�>-- DBP
WMH Denotes Water Manhole 1 3 \'93&6138.7 \ asa11:� v Ill' , 1 I hereby certify that this survey,plan or report was prepared by ore or DATE
WV Denotes Water Valve odFlag 1 I 1 I 1 934.9 1 under my direct supervision and that I rum a duly Licensed Land Surveyor 1123/2012
WET A-1 Denotes Welland DelinatiIdentifier ,CATS----- 935.4 935.2 1
under the laws of the State of Minnesota SCALE
-Denotes Existing Comoro 1 up
AS SHOWN
Dated this 28th day of November,2012.
980 Denotes Proposed Contour 1 JOB NO.
• Denotes Found Monument-As Denoted 1 1 1 40995-003
Q Dentoes Found Cast-Iron-Monument PROPOSED ELEVATIONS SATHRE-BERGQUIST,INC. FILE:
BNDRY-ALTADWG
O Denotes 12"by 14"Iron Pipe Set and Marked Demtea used Structure G Elevation =938-8 Feet Denotes Foundation Below 933 Grade Contour=0 L TOWNSHIP-RANGE-SECTION
by License No.40344 �P Garage Existing ( F)
POL O Denotes"PointonLine"set ��Denotes Previously Approved Structure Top of Foundation Elevation =938.8 Feet 117-10-23
Top of Subfloor Elovation =939.0 Fav Denotes Foundation Above 933 Existing Grade Contour(=150 LF) HENNEPIN COUNTY
R/W O Denotes"Kipp[of Way"limits set Crawl Space Elevation =935.00 Feet David B.Pemberton,Professional Land Surveyor BOOK:XXX PAGE: XX
•
Total Foundation Perimeter(Garage not included[150 LF Minnesota Licenae No.40344
SHEET 1 OF 'L
X75
Doc No A10152772
Certified, filed and/or recorded on
Jan 12, 2015 10:55 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1193543C
Doc Name: Declaration
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
BUILDING PERMIT ESCROW AGREEMENT
Orono Building Permit#2015-00185
& Demolition Permit#2014-01438
AGREEMENT made this day of �. , 2015, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City")and John Br nello("Owner").
Recitals
1. Building permit and demolition permit applications have been filed for the property located at 825
Willow Drive South, the ("Subject Property"), legally described as: The North 235 feet of the East 200 feet of
Government Lot 7,Section 10,Township 117, Range,23, Hennepin County, Minnesota.
2. Owners request the City to review the applications.
3. The City will commence its review of the application and incur costs associated with said review
only if the Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit$2,500 with the City. All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, emoineerin_g, in excess of $500, or legal
consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the
Owners would be responsible for under a building permit application. The escrow will also guarantee
reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is completed in
accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79.
The financial security may also be used by the City to eliminate any hazardous conditions associated with the
work and to repair any damage to public property or infrastructure that is caused by the work (including planning,
engineering, or legal consultant review) associated with Permit#s 2015-00185 812014-01438 if compliance with
the approved building permits is not accomplished.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'
receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment
to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Owners pay all expenses
invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to
reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow
agreement two times per year to determine whether the requirements of the project have been successfully
completed and whether it is appropriate to return the funds. Owner may also request the release of the funds,
and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the
project have been successfully completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§415.01 and 366.012.
CITY: CITY OF ORONOr.
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By:
Its: