HomeMy WebLinkAbout2020 Declaration for Maintenance of Stormwater Management Facilities and Easement Agreement (Reserved for recording information)
DECLARATION FOR MAINTENANCE OF
STORMWATERMANAGEM ENT FACILITIES
AND EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of January, 2019, by
and between Russell Koeon and Jacqueline Gibney, Husband and Wife, hereinafter
collectively called the "Owner", and the CITY OF ORONO, Minnesota, hereinafter
called the "City".
RECITALS
WHEREAS, the Owner is the owner of certain real property located in Hennepin
County, Minnesota, legally described in Exhibit A attached hereto ("Property"); and
WHEREAS, the Owner is proceeding to build on and develop the Property; and
WHEREAS, the Owner has granted to the City a drainage and utility easement over a
portion of the Property (the "Easement Area") legally described on Exhibit B attached hereto; and
WHEREAS, the development plans for the Property, hereinafter called the "Plans" and
attached hereto as Exhibit C, as approved by the City, provide for detention/retention of
stormwater within the confines of the Property; and
WHEREAS, the Minnehaha Creek Watershed District and the City require on-site
stormwater management facilities be constructed to provide permanent provisions for handling
of storm runoff, including provisions for operation and maintenance of all stormwater runoff
facilities and ponds ("Stormwater Facilities") ,
WHEREAS, said Stormwater Facilities are to be adequately maintained by the
Owner, their heirs, successors and assigns; and
Ivy Place Stornnvater Agreement
WHEREAS, the parties agree that such provisions are to be set forth in an agreement to
be recorded in the real estate records.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Stormwater Facilities shall be constructed by the Owner, their heirs,
successors and assigns, in accordance with the plans and specifications identified in the Plans.
2. The Owner, their heirs, successors and assigns, shall adequately maintain the
Stormwater Facilities in accordance with their Stormwater Maintenance Plan and the City
engineering 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.
3. The Owner, their heirs, successors and assigns, shall inspect the Stormwater
Facilities and submit an inspection report annually and shall be responsible for the payment of
any associated costs. 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 storage
treatment basin will be considered inadequate if it is not compliant with all requirements of the
approved Plans and City engineering standards set forth in Exhibit C.
4. The Owner, their heirs, successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to inspect the
stormwater management facilities whenever the City deems necessary. The City shall provide
the Owner, their heirs, successors and assigns, copies of the inspection findings and a
directive to commence with the repairs if necessary ("Inspection Report").
5. In the event the Owner, their heirs, successors and assigns, fails to maintain
the Stormwater Facilities in good working condition acceptable to the City and such failure
continues for sixty (60) days after the City gives the Owner 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 owner's property taxes of such repairs, to the Owner, 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 Owner 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, Owner agrees that they are, 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 there from the
Stormwater Facilities.The Owner expressly agrees to defend and hold the city harmless from
any such third-party claim.
Ivy Place Stormwater Agreement 2
6. Owner 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,
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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.
7. The Owner, their heirs, successors and assigns, will perform the work necessary
to keep these Stormwater Facilities in good working order as appropriate. In the event a
maintenance schedule forthe Stormwater Facilities (including sediment removal) is outlined on
the approved Plans and/or Inspection Report, the schedule will be followed and comply `with all
federal, state, and local regulations relating to the disposal of material.
8. In the event the City, pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Owner, their heirs, successors and assigns, shall reimburse the City upon
demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City
hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the City. The
Owner 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 Owner or the Owner'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 Owner to comply with any
conditions of this Agreement, performs said conditions pursuant to its authority in this
Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and
representatives for its own negligent acts in the performance of the Owner's required work
under this Agreement, but this indemnification shall not extend to intentional or grossly
negligent acts.
10. This Agreement shall be recorded among the land records of Hennepin County,
Minnesota, and shall constitute a covenant running with the land, and shall be binding on the
Owner, their administrators,executors, assigns, heirs and any other successors in interests.
Ivy,P ace Stornm ater Agreement 3
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�,toperty Owner t. Property Owner )
STATE OF MINNESOTA
COUNTY OF HENNEPIN
aoao
This instrument was acknowledged before me this q day of 1-2011r, by Russell
Kocon.
Cdoia J.
ar. Notaty r,
4 Min n e .a
'�yC;mmiss�oEn a vlory31,2022 Notary Pu C
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this A day of y
Jacqueline Gibney.
Notary Pu 16,
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Iv}PlaceStornmaterAgreement 4
CITY: ClT OF ORONO
By:
Dennis Walsh, Mayor
(SEAL)
By:
Dustin Rief, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me thisday ofkV�
2019by Dennis Walsh and by Dustin Rief,respectively the Mayor and City Admiirtrator of
the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
Nota ublic
MNA MARIE CARLSON
NOTARY PUBLIC MINNESOTA
DRAFTED BY: �a •' y'
��el. �My Commission Expires Jan,31,2020
CAMPBELL KNUTSON '`
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
ABS
Ivy Place Stonnwater Agreement 5
EXHIBIT A
Legal Description of Property
Lot 1, Block 1, Ivy Place, Hennepin County, Minnesota.
Ivry Place Stormceatcr Agreement 6
Easement Exhibit B
Stormwater Management Easement Exhibit
over Part of Lot 1, Block 1, Ivy Place
Cast Iron Monument at the
North 1/4 Corner of
`\ ,x Section Section 20, T117, R23-
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� An Easement for stormwater management purposes over under and
7 o�G� across that part of Lot 1, Block 1, Ivy Place, according to the recorded
plat thereof, Hennepin County, Minnesota described as commencing
at the most northerly corner of Outlot A, said Ivy Place; thence
/ Y i°n / /y'o northeasterly on an assumed bearing of North 46 degrees 55 minutes
40 seconds East, along the northwesterly line of said Lot 1, 124.25
feet; thence South 43 degrees 36 minutes 11 seconds East, 5.00 feet
to the point of beginning of the easement to be described; thence
° rn v continue southeasterly on the last described line, 87.00 feet; thence
CD CO ro North 46 degrees 23 minutes 49 seconds East, 11.00 feet; thence
Z2xj L-� North 43 degrees 36 minutes 11 seconds West, 86.89 feet, thence
;26/ southwesterly to the point of beginning.
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MINNESOTA CERTIFICATION C
I hereby certify that this survey,plan or report was
prepared by me or under my direct supervision and that te
am a duly Licensed Lan urveyor under the laws of the G R O V P
State of Minnes
Dated th rd of January,2019 4931 W.35TH ST.SUITE 200
0 40 80 ST. LOUIS PARK, MN 55416
CivilSiteGroup.com
Rory .Synsteli Minnesota License No.44565 SCALE IN FEET
Project No. 17059 SHEET 1 OF 1
Exhibit C Plans
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