HomeMy WebLinkAboutWet-land buffer DO NOT ISSUE C.O. FOR 1595 BoxNs
POINT UNTIL THE WETLAND BUFFER HAS
BEEN INSPECTED BY JOHN SMYTH AND
THE WETLAND EASEMENT AND
COVENANT HAS BEEN RECEIVED.
ETz,4,og
CITY OF ORONO �L��'-� ����� � ` � '
P. o. �oX ss �� d S
Crystal Bay, MN 55323 �"� �3 -�"� - � I
. � - u t I r S CIY vC�. 5��ovn��Q C1
1 S I� � ,
- Z. �1e.-�I�d B�e�� �ns�r�llecl
3 �e,�-I�d Epse.mQ"'►�r �cl Arel�e�,�.
Ccy.�em�►�' ��lQwit�ec�
��
i
;
�
;
�
Memorandum �Bonestroo
2335 Highway 36 W
St.Paul,MN 55113
To: Christine Mattson, Project: 1595 Bohns Point Date: 7-22-11 Te1651-636-4600
Melanie Curtis Road Fax 651-636-1311
From: John Smyth Client: Orono www•bonestroo.com
Re: Wetland Buffer Compliance Check File No.: 139-07000
The above reference address was reviewed on 7-22-11 to determine if the wetland buffer had
been established per the approved plan. The buffer has been established and is being
maintained. If the City is holding an escrow for wetland code compliance it is recommended it is
returned. Photo documentation of the buffers is presented below.
��-..�,, ��, � -- -
.. � �.' S ` �tP y 4 z; ��
#.` % , p��y � �r.. ' . , 4 K�;
� eF p y
i ��;�t Y S•� �� .� e V1j �h 'f.��.
Y':�i.�,�Tag ^ � .'i .'�t S�g(r �.- "�4. �" .J 1_" .
�L' �
�� ~ri � a
�*' t .i i � ! ...,q �x.
��" _� l�.� r � � .., �
�s 7. � ;. a��� � �� ��i ��.r,r:` ��•��
k 7!fa3..:�' .�+p'e. .',� ;� �. :k
��� � ��i
� ��� " �' j
� , , .
� .. �..
.�:�, � � ,�..
�� �'�� .
�64+k
� �
��,�t* :< µ '"� °���.e�b +:. . � .�. � �,y.:
�s .. u �ri ,,, + f� } � . ��� .
.. "�.'��'' ,
. .„�° � "t?5� .. a ��" ����,f-i .A ' .
4cw�,� ���Y�?';�s �n��Y �."�e�, �. `w" �'�� f'�,-�- ,�'�..
"`,K,�^z3 �,1,,,, ,,�4 . -:� ��� .� �����
r� ' a .. xa.� x^;�+„�,� s }� h � .,y
.,..�.. . 8'".�y„"41:ar.� ..�. �.'..� �., x.,�`'k .r.;"�"y i��
Established buffer
} . y y9
�* r �'.���.
Y r ��� .
� 4��,. ; . „� ..^�-dMS
-;:,_ • *�sV ?� ;v
�, ._F._ � a S °�,✓' �;..r
`„ � � � � '�'��'�q*� ,
r: `�� � .�� ���.
4 � � �
h y � • t {�•,
�'.—{n X`��.. � � , .. .
t tl�
yZ� .kr
~ 3
� a 'y � =�c ..-
.. .�
a �` ��� '�:� ����¢,'� 'E .:� �`
�� � y �. tk*n�� ., a
i.=� ;��+.+ . �� ;�„+�/r'� - . - �
� �� �� •.' � .
b ����., � � ��
q"a . �.,� s'y,� W .
Established buffer
K:\139\13907000\Word\Work_In_Progress\Wetland Ordinance Compliance\1595 Bohns Point Rd\CM&MC_JS^1595 Bohn Point Road 7-22d1 compliance check.docx [TNS 06-2010] Page 1 of 1
� � °� .
0 0 .
� CITY of ORONO
, $
,� � �. �,
,a ,, ,ti
, r�,, �' �,� '�(.;' ' � Municipal Offices
� � F� ��\' G Street Address: Mailing Address:
�, 1� � � �,¢� �
$'ESHp �:=� 2750 Kelley Parkway P.O. Boz 66
__ � Orono, MN 55356 Crystal Bay, MN 55323-0066
February 14, 2008
Robert Craig Homes Inc.
Attention: Bob
464 2°d Street #1 O l
Excelsior MN 5�331
Last summer, when you had the wetland on the property at 1595 Bohns Point Road delineated
and surveyed as a requirement for the building permit, the survey was to have included a legal
description of the wetland and the buffer. It did not. Because of the delays that had already
occurred I did not hold the permit for this. The legal description was to be used in the easement
and covenant document that is required when a wetland buffer has to be improved. This
document is enclosed. Because the information on the County website is truncated I was unable
to fill in the name of the owner, but it appears to be a trust. Please have the appropriate person(s)
sign it before a notary and if there is a mortgage, have that company sign it also. If I am
incorrect about the owner please contact me as changes will probably be required to the
document. Return it to me along with the legal descriptions and a letter sized reduction of the
survey. I will have it recorded and return a copy to the owner.
Enclosed is your copy of the Escrow Agreement for the wetland buffer on this property.
If you should have any questions feel free to contact me at 952-249-4623 or
eturner@ci.orono.mn.us.
Sincerely,
Eve n Turner
City Planner
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
(reserved for recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this day of , 2008, by and between
, the Grantor, and the CITY OF ORONO, a Minnesota
municipal corporation("Ciry").
WITNESSETH:
The Grantor, 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 for the purposes set forth in this instrument, over,
under, and across the wetland and wetland buffer as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Grantor on behalf of itself, its successors and assigns, hereby covenants and agrees as
follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, 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: 1) 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.
�?soos 1
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.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles, playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting 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.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
50 feet in width at all points surrounding the wetland and as shown in Exhibit A,
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
12soos 2
buffering flows into the wetland.
4. Grantor for itself, its successors and assigns, further grants 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.
�. Grantor reserves for itself and for its, 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.
6. Grantor hereby grants, gifts, quit claims and conveys 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.
7. Grantor herein does 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.
8. Grantor does not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
IN WITNESS WHEREOF, the party hereto has set its hand effective as of the day and
year set forth above.
GRANTOR:
12soos 3
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2008, by
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
12500� 4
MORTGAGE HOLDER
CONSENT TO EASEMENT
, which holds mortgages on all or part of the property more
particularly described in the foregoing Grant of Conservation Easement, which mortgages are
dated , and recorded as Document No. of the
County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is
subject to the foregoing Grant of Conservation Easement.
BY:
Its
AND
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
�
2006, by and by
the and
of , on its behalf.
NOTARY PUBLIC
DRAFTED BY:
Campbel]Knutson
P�-ofessional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
12500� 5
EXHIBIT A
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND:
WETLAND BUFFER:
(Attach Survey)
�25005 6