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HomeMy WebLinkAbout2021 Declaration and Easement for Stormwater Maintenance • No delinquent taxes Transfer Entered 111111 I 111 I II Oct 28, 2021 1:00 PM LAND TYPE Torrens (T) DOC NUM 5888557 Hennepin County, Minnesota Certified, filed and/or recorded on Mark Chapin Oct 28, 2021 1:00 PM County Auditor and Treasurer Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 2341663C Document Recording Fee $46.00 Document Total $46.00 PID(s) 10-117-23-14-0022 Existing Certs 1532239 This cover sheet is now a permanent part of the recorded document. (reserved for recording information) DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE THIS DECLARATION AND EASEMENT (Declaration) is made this /t day of ON-Qb217 , 2021, by and Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018, (Declarant) in favor of the City of Orono (City), a Minnesota municipal corporation. RECITALS WHEREAS Declarant owns real property within the City of Orono, Hennepin County, Minnesota, platted and legally described as: Lots 1, 2, 3, 4, 5, and 6,Block 1, and Outlots A,B, C, and D,Shoreline Estates. (the Property) and no one other than Declarant has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit#20-400 applies; and WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District (the "MCWD") as a condition to issuance of Permit#20-400 for the mutual benefit of the MCWD and the owners of the Property; and WHEREAS the Declarant intends to construct Stormwater Facilities on the Property that are subject to the requirements set forth in City of Orono City Code and the City's MS4 (Municipal Separate Storm Sewer System) Stormwater Pollution Prevention Program; and 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 278483 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(the "Plan")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. 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. 2. WATERBODY CROSSINGS & STRUCTURES a. Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once every 5 years and maintained in good repair in perpetuity to ensure continuing adequate hydraulic and navigational capacity is retained in accordance with approved plans,to ensure no net increase in the flood stage beyond that achieved by the approved plans,to prevent adverse effects on water quality, changes to the existing flowline/gradient and increased scour, erosion or sedimentation, and to minimize the potential for obstruction of the waterbody. 3. STORMWATER FACILITIES a. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins depicted on the Plan("Stormwater Facilities") will be inspected once every 5 years to ensure drawdown rates and live storage capacity are consistent with design rates and storage volumes. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. b. Scope of Inspection. The inspection shall cover, without limitation, the entire stormwater runoff management facilities, including access roads and buffers. Deficiencies shall be noted in an inspection report prepared by the City (the "Inspection Report"). A stormwater runoff management facility will be considered inadequate if it is not compliant with all requirements of the Plan and City stormwater maintenance standards. c. Reporting. The Declarant will submit to the MCWD and to the City once every 5 years a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. The Declarant shall be responsible for providing a letter to the City Engineer, by August 1St of those years ending in either 5 or 0, stating that inspection and maintenance have been completed. The Declarant shall be responsible for the payment of any associated costs. d. City Access and Maintenance Rights. The Declarant hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater runoff management facilities whenever the City deems necessary. The City shall provide the Declarant, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. e. Failure to Maintain. In the event the Declarant, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Declarant 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 Declarant's property taxes of such repairs, to the Declarant, 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 Declarant outside of the portions shown on the Plan as Stormwater Facilities ("Easement Area"). 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, Declarant agrees that it is, 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 Declarant expressly agrees to defend and hold the City harmless from any such third-party claim. 4. GRANT OF EASEMENT a. Declarant 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. b. 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, 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. 5. REIMBURSEMENT OF COSTS The Declarant agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 6. INDEMNIFICATION. This Agreement imposes no liability of any kind whatsoever on the City. The Declarant 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 Declarant or the Declarant'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 Declarant to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement,the Declarant shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Declarant's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 7. RECORDING, BINDING EFFECT. This Agreement is a personal obligation of Declarant for so long as Declarant owns fee title to the Property and shall be binding upon the executors, administrators, successors, heirs and assigns of Declarant with respect to Declarant's obligations and liabilities under this Agreement that relate to the period of its ownership. This Agreement shall be recorded against the title to the Property and shall run with the land and be binding upon each owner of fee title to the Property with respect to the period of its ownership. Upon the conveyance of fee title to the Subject Property, the transferor will have no further obligations or liabilities under this Agreement that relate to any time after the conveyance, and the new owner will,by accepting title to the Property, become bound by this Agreement with respect to all obligations and liabilities of the "Declarant" that relate to any time after the conveyance, for as long as the new owner owns fee title to the Property. Both the Declarant and a subsequent property owner are liable to the MCWD and 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 thereafter against a subsequent property owner to enforce this Declaration. [the remainer of this page is left intentionally blank] IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018 BY: % �r N4rk Ja obs, Trustee STATE OF UAnYkt4- ) )ss. COUNTY OF ) . 140 foregoing instrument was acknowledged before me this ge day of ,2021,by Mark Jacobs,as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trcf.-1h Agreement dated as of April 30,2018. 661 vaci_____. NOTARY 'UBLIC driu +q SHELLY LAFAY ZAJICEK e 19. Notary Public lr....ri State of Minnesota \ R. My Commission Expires v.• January 31,2026 )N7BY: 7jç Trisha Blake, Trustee STATE OF �r tet ) �/�,, )ss. COUNTY OF I�rnnt r ) T - foregoing instrument was acknowledged before me this day of ,%,/ JAL, ,2021,by Trisha Blake,as Trustee for the Irwin L. Jacobs 2018 Irrevocable Tru t Agreement dated as of April 30, 2018. 110. NOTARY " I BLIC 9. SHELLY LAFAY ZAJICEK Notary Public ri State of Minnesota My Commission Expires ' January31,2026 Nif '114 '� Y ,.• a 1 CITY OF ORONO •- - a / J `•-• j 40/ • © '�Y By: 4, O - Mayor Dennis 'alsh (SEAL) By. Adam Edwards, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /// ' day of 6e,4170---- 2021, by Dennis Walsh and by Adam Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ,a/9213t. Notary Public �lrr�✓.rl��r�rrrrlrrrl�1�" ... DRAFTED BY: 1 ;, tk� ANNA MARIE CARLSON CAMPBELL KNUTSON <`" NOTARY PUBLIC•MINNESOTA Professional Association Expires Jan.31,2025 1 Grand Oak Office Center I My Commission l Jll�fission �rr�f�J�lJ 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SNC MORTGAGEE CONSENT TO DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018 hold a mortgage on the Property, and agree that the attached Declaration and Easement for Stormwater Maintenance shall remain in full force and effect even if it forecloses on its mortgage,to wit: the Mortgage dated August 30, 2018, executed by Alexandra Jacobs, as Trustee of The Alexandra Revocable Trust Agreement dated November 22, 2006, and by Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008,and October 23, 2009, originally known as The Irwin L. Jacobs Revocable Trust Agreement dated November 19, 1999, as mortgagor to Marquette Companies,LLC,a Minnesota limited liability company, as mortgagee,and recorded on August 30,2018,as Document Number T05557428 in the Office of the Registrar of Titles of Hennepin County,Minnesota,assigned to the undersigned by the Assignment of Mortgage recorded on May 16,2019,as Document No.T05613048 in the Office of the Registrar of Titles of Hennepin County Minnesota. .0Dated this 22 day of_ w1 ,2021. Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated . • o , pril 30,2018 / BY: /if Ma ac rustee STATE OF W'►n - ) )ss. COUNTY OF knnpwl) � � � foregoingruknowledged riof , ,2021inst ,byment Markwas Jacobsac,as Trustee forbefothe Ie rwinme L.Jacobs 2018 Irrevocable Trus Agreement dated as of April 30,2018. ,,, / / A,..... .,th--S.... NOTARY 11 BLIC 01'28ry SHELLY LAFAY ZAJICEK , a �� Notary Public State of Minnesota �., My Commission Expires \�• January 31,2026 , BY: i 1111,51-0, Trisha :lake, rustee STATE OF ) )ss. COUNTY OF ) 1 T e foregoing instrument was acknowledged before me this �1 day of ,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable T t Agreement dated as of April 30,2018. Sltalb. NOTARY tiBLIC dli,,, SHELLY LAFAY ZAJICEK .� Notary Public DRAFTED BY: <rai State of Minnesota �' '�~'' My Commission Expires CAMPBELL KNUTSON `.., January 31,2026 Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651)452-5000 SNC ATTACHMENT A SHORELINE ESTATES OF LOT 4,BLOCK 1 AND OUTLOT A,TANAGER ESTATES HENNEPIN COUNTY,MINNESOTA \ 0. e__260 ,.„,.,.„, , .1.ttii.L...B4O1:..z.U....F.::76iO4.F 4.01...°, • - - 111'4. \ 0,,,,, .---,,, --, , ....i.1------t•ir-----4...._-_---- AcA\ , • lomat g.iiroV) - „---...........'' ..4'. 4"' ' „ .‘,..., T., - .' ,... .. ' *. .. ' ' .. '.4$1,,S405 ' 9,-7 "..--' 5 ,- •,, -V . 1 >---z , , . ,..E. , 4 \ ....,-.7,„ --,.. g,---; , 4.. T— ----- --rx..,.,.. -.. 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