HomeMy WebLinkAboutStormwater Maintenance Agreement 2024Existing Certs
1520554,1545139
Deputy 98
LAND TYPE Torrens (T)
DOC NUM 6101358
Certified, filed and/or recorded on
Oct 17, 2024 8:02 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Document Recording Fee
Multiple Certificates Affected Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
Pkg ID 2720457E
$46.00
$20.00
$66.00
SUPERSEDING STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
AND EASEMENT AGREEMENT
THIS SUPERSEDING STORMWATER MAINTENANCE AGREEMENT / BEST
MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT
("Agreement") is made and entered into as of the day of 2024 by and
between SF REAL ESTATE LLC, a Minnesota limited liability compan ("Owner") and the CITY
OF ORONO, a Minnesota municipal corporation ("City").
RECITALS
A. Owner is the fee owner of certain real property located at 3295 and 3345 Fox Street, in the City
of Orono, County of Hennepin, State of Minnesota, which are legally described as:
Lot 1, Block 1, Fullerton Estates (3295 Fox Street; PID 0511723440006), and
Lot 2, Block 1, Fullerton Estates. An undivided 1 interest in and to: OutlotA, Fullerton
Estates. (3345 Fox Street; PID 0511723440007),
(collectively, the "Property"); and
B. Lot 1 is currently improved with a stormwater pond that manages stormwater for the entire
Property; and
C. To facilitate the stormwater pond, the Property is subject to a Drainage Easement granted to
the City, dated September 30, 1997, which was filed of record in the Office of the Hennepin
County Registrar of Titles on December 11, 1997, as Document No. 2868640; and
D. The location of the existing Drainage Easement on Lot 1 is depicted on Exhibit A; and
E. The Property is also subject to that certain Stormwater Facility Maintenance Agreement dated
September 30, 1997, which was filed of record in the Office of the Hennepin County Registrar
of Titles on December 11, 1997, as Document No. 2868641; and
232154v8 1
F. Owner submitted an application requesting approval to fill the existings
Lot 1, and replace it with a new stormwater pond and rain garden best management
(BMP) on Lot 2 (the "Relocated Stormwater Facilit " tormwater pond on
entire Property; and practice
Y ), which will manage stormwater for the
G. For purposes of this Agreement, the removal of the existing stormwater o
construction of the Relocated Stormwater Facility are, collectively, the "Relocation P
and pond on Lot 1 and the
ect";
roJ
H. As part of the application, Owner requested that the existing Draina e E
vacated, and replaced with an easement on Lot 2 (the "Superseding Easement" as
g Easement on Lot 1 be
by Moore Engineering in the Fox Street Stormwater BMP Relocation la )' designed
which are on file with the City; and plans (the "Plans"),
I. The Superseding Easement is legally described as set forth in Ex
Exhibit and Exhibit B , and is depicted on
J• Owner also submitted a Stormwater Facility Relocation permit a licatio
Creek Watershed District ("MCWD") pro to e� the Minnehaha
for approval of the Relocation
was approved by MCWD on July10, 2024 (Permit #23-495); and J t, Which permit
C On August 12, 2024, the City Council of the City of Orono approved
vacation request and an Interim Use Permit to facilitate the Relocation Project subject terms and conditions set forth in Resolution No, pp Owner's easement
Owner enter into a new agreement regarding maintenance of J bJect to the
which included requirements that
grant a new easement on Lot 2. the new stormwater facility and
NOW, THEREFORE, in consideration of mutual covenants of the parties set
Agreement and other valuable consideration, the receipt and sufficient o f forth in this
acknowledged, the parties agree as follows: Y which are hereby
1• Construction of Relocated Stormwater Facility,
Relocation Project and the Relocated Stormwater Facility in aordancee�,ihall complete the
specifications identified in the Plans, th the design and
2• Maintenance of Relocated Stormwater Facility
A• Owner shall adequately maintain the Relocated Stormwater Facilityin accordance
with all requirements of MCWD and City engineering standards for stor
facilities. This includes all pipes, channels, and other conveyances treatment
stormwater to the facility, as well as all structures, improvements mwater treatment
control the quantity and quality of the stormwater,Purposes
Y s, if any, built to convey
ts, and vegetation provided to
maintenance is defined as good working condition so thatu hese facilities es ais geeeent, adequate
design functions, perform*
ng their
Be
Owner will perform the work necessary to keep the Relocated Stormwater
in good working order as appropriate, including but not limited to the followin Facility
g
232154v7 2
(1) Inlet and Overflow Spillway: Remove any sediment build-up or blockage, and
correct any erosion.
(2) Vegetation:
a. Maintain at least 80% surface area coverage of plants approved per plan.
b. Removal of invasive plants and undesirable `woody vegetation.
c. Removal of dried, dead and diseased vegetation.
d. Re -mulch void or disturbed/exposed areas.
(3) Documentation and reporting of annual inspections and all maintenance work as
required by this Agreement.
C. In the event a maintenance schedule for the Relocated Stormwater Facility
(including sediment removal) is outlined on the Plans, the schedule will be followed and comply
with all federal, state, and local regulations relating to the disposal of material.
3. Inspection and Reporting. At its sole cost and expense, Owner shall cause the
Relocated Stormwater Facility to be inspected and submit an inspection report to the City annually,
and as required by MCWD. The purpose of the inspection is to assure safe and proper functioning
of the Relocated Stormwater Facility. The inspection shall cover the entire facility, including
berms, inlet and outlet structure, pond areas, buffers, and all other features. Deficiencies shall be
noted in the inspection report. The Relocated Stormwater Facility will be considered inadequate
if it is not compliant with all requirements of MCWD or the City.
4. City Access and Maintenance Rights.
A. Owner hereby grants a license to the City, its authorized employees, contractors,
and, to enter upon the Property and to inspect the Relocated Stormwater Facility whenever the
City deems necessary. The City shall provide Owner, its successors and assigns, copies of the
inspection findings and a directive to commence with the repairs if necessary ("Inspection
Report"),
B. In the event Owner, its successors or assigns, fails to maintain the Relocated
Stormwater Facility in good working condition acceptable to the City and such failure continues
for 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 Owner for
the City's costs for such repairs. If Owner fails to pay such costs within 30 days after notice from
the City, the City may specially assess the City's costs against the Property to be collected with
Owner's property taxes. It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair the Relocated Stormwater Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City. In addition, Owner 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. Owner expressly agrees to defend and hold the City harmless from any
such third -party claim.
3
232154v7
50 Grant of Easement. Owner shall grant to the City, its successors and assigns, a
permanent non-exclusive easement for the Relocated Stormwater Facility as is set forth in that
certain Superseding Grant of Permanent Easement for Drainage Purposes, of even date with this
Agreement, whi h is filed of record in the Office of the Hennepin
Exhibit County Registrar of Titles a
Document No. l 0 0 g 2 ,and is in substantially the form os
C.
6• Reimbursement of Costs. ncurred by the City Owner agrees to reimburse the City for all costs
iin the enforcement of this Agreement, or any portion of this Agreement,
including court costs and reasonable attorneys' fees, g nt,
�• Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. Owner shall indemnify and hold harmless the City, its officials, employees, contractors
and agents, against any and all claims, demands, losses, damages, and expenses (including
reasonable attorneys' fees) arising out of or resulting from the negligent or intentional acts, or any
y
violation of any safety law, regulation, or code by Owner or Owner's employees, contractors
agents, 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 Owner to comply
with any conditions of this Agreement, performs said conditions pursuant to its authorityin th Y
Agreement, Owner shall indemnify and hold harmless the City, its officials, employees,ls
contractors, and agents for its own negligent acts in the performance of Owner's required work
under this Agreement.
8• Notices. All notices required under this tAgreement shall either be personall
delivered or be sent by certified or registered mail and addressed as follows: y
To Owner: SF Real Estate LLC
3345 Fox Street
Orono, MN 55356
To the City: City of Orono
2150 Kelley Parkway
Orono, MN 55356
Attn: City Administrator
All notices given hereunder shall be deemed given when personally delivered or two business clays
after being placed in the mail properly addressed as provided in this Agreement. y
90 Successors/Covenants Run with Property.
under this Agreement shall also be duties and obligati ns
terms and conditionshe
of Ownerusl es suc edssobsl and assi n OvT
of thier
s Agreement shall run with the Property. Owner shall file this Agreement
of record in the Office of the Hennepin County Registrar of Titles, and provide the City with a co
of the Agreement with recording information included. py
10. Release of Prior Agreement. tormwater Facility Maintenance Upon recording of this Agreement, that certain
SAgreement dated September 30, 1997 (Document No. 2868641
is released and shall no longer be of any effect as related to the Property. )
232154v7 4
II. Incorporation of Recitals and Exhibits. The Recitals that are at the beginning of
this Agreement, and the Exhibits that are attached to this Agreement, and each true and correct. Each
Recital and Exhibit is incorporated into and made part of this Agreement.
[Signatzrre pages follow)
5
232154v7
OWNER:
SF REAL ESTATE LLC
A Minnesota,] United Liability Company
Bruce A. Boeder, Vice President
State of Minnesota
County of Hennepin
This instrument was acknowledged before me oraooTc� /0, 2024, by Bruce A. Boeder, Vice
President of SF Real Estate, LLC, a Minnesota limited liability company, on behalf of the limited
liability company.
Notary
ubk
Ortn- � . !
232154v7
0
C
\\ pa�s.soo lA..Ipi
.� ti
i c� (SEAL) '
f t:l
-.
P
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
And
Dennis Walsh, Mayor
waam >Jdwards, City Administrator
re me t
wTAhe,, foregoing instrument was acknowledged befohis F 1 day of
5 bey , 2024, 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 C' Cou cil.
CHRIS7INE S. LUSIAN
£ Notary Public
State of Minnesota
eer ,,{ My Commission Expires —
January31, 2027 1\j
THIS INSTRUMENT WAS DRAFTED BY:
CAA4PBI;LL KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/AKLS
232154v7 %
I+✓ MIBIT A
Depiction of the Existing Drainage Easement and the Relocated Drainage Easement
rJ� LEGEND EASEMENT EXHIBIT
L/1/J EXISTING DRAINAGE EASEMENT N
TO BE VACATED PART OF LOT 1 AND LOT 2 ALL IN BLOCK 1
PROPOSED DRAINAGE EASEMENT OF FULLERTON ESTATES r
HENNEPIN COUNTY, MINNESOTA w E BASIS OF BEARING:
THE NORTH LINE OF
_y LOT 21 BLOCK 1 HAS
S A RECORD BEARING
OF N89'07'00"YO
O� JL
��� / •�� j/J. -.• Fx nR?""ArE fASEMENT '-' _. _—. — J.
�� / N 89.07,00" w
/A 100.08' NORTH OW CE
RE rOR
s LOT 2.oX1
FULLER rQh [STATES FU LER ESI �� / J�yJ
:r.....T _.:..._.._ ._. _ L L raj Z, ESTATES J
.— -- —` — — N 89 0T00° N
// P, K 1
r
r= -- _ - - No0'08'25"E
X. s.o0 n cE o / 65.740
- -
CRA,�^tnGE 4 Uir,11Y "� V
% F.4S'EtdEh1 m ti.,. ORA(NAGE EAiEVEP41 (: n s, /
-PROPOSED
1� a 6=81'37'25' 151,845+ / EASEMETIT ,�•'
,ram w/ 0.91 ACRFS
J i, .y R-50,00 /�i
/: L=71 23' / N00'44'46'1Y V J.` 1�>CHBGH 65.948'41"E % ii49.60f _ L J
)S90:
— r
Go 0o E 273.00' r, J
n
..................
sa,n;ERIYurYrOF-J
)lI (Dr 20 Rtv I I;I FAX 1o.OD' ifpE
Irl fUtLERroN ESTATES _,7 �- �', �. PRANACE G U➢Llj'/ �I
._ tji I?� � EA5EAlFNT �j
:EASEMENT
3345 FOX STREET
ORONO, MN 55356
232154v7
SHEET 1 OF 2
PRO.'EGT lh. r{,�y
RnTe _-oaosz�
CRhFTER.a. _ 1 I 1 O V i li
nEhevER: �F-
I anylnoerigq. inc.
EXHIBIT B
Legal Description of the Superseding Easement
EASEMENT EXHIBIT
PART OF LOT 1 AND LOT 2 ALL IN BLOCK 1
OF FULLERTON ESTATES
NENNEPIN COUNTY, MINNESOTA
DRAINAGE EASEMENT DESCRIPTION
That part of Lot 2, Block 1 of FULLERTON ESTATES, said plot is on file and of record In the office of the Registrar of Titles, Hennapin County, Minnesota
described os follows:
Commencing at the northeast corner of said Lot 2; thence North 89 degrees 07 minulas 00 seconds West on a record bearing along the north line of sold Lot
2 for a distance of 509.21 fact to the Pointof beginning; thence continuing North 89 degrees 07 minutes 00 seconds West along the north line of sold Lot 2
for a distance of 100.08 feel; thence South 04 degrees 51 minutes 47 seconds West for a distance of 184.50 feel to the southerly line of said Lot 2; thence
ong
of
d Lot 2 on
al
e concave to
seconds and alrradiush ofs50A0rleet efor an care distance aof 71,23nfeettl(chord hearing South tilesouthwest,
degrees s48 hmnrutes 4l centralangle
lEast);87tdegrees 37 minutes 25
hence South 90 degrees
00 minutes 00 seconds East continuing along the southerly line of said Lot 2 for o distance of 273.O1) feet; thence North 00 degrees 44 minutes 46 seconds
West for o distance of 49.60 feet; thence North 69 degrees 48 minutes 45 seconds West for a distance of 151.77 feet; thence North 41 degrees 41 minutes 56
seconds West for a distance of 85.78 feet; thence North 00 degrees 08 minutes 25 seconds East for a distance of 65.74 feet to the point of beginning.
Said casement contains 0.97 acres, more or less, and is subject to all easements, restrictions, reservations and rights of way of record, if any.
CERTIFICATION
I hereby certify that this survey, cpecificatlon, plan
or report was prepared by me or under my direct
supervision and that I am o duly Licensed Land
Su veyor under the laws of the State of Minnesota.
Christopher Heyer, Alone rto License No. 43807
Dale signed: �ttip
DRAINAGE EASEMENT
3345 FOX STREET
ORONO, MN 55356
232154v7 9
FRa/FCT k� �a±1E9
REVGED:
UILIFfER ---lFa
—
RE•J,f'JlFR:
cat
SHEET20F2
moore
englane ring, Ina.
EXHIBIT C
Form of Superseding Grant of Permanent Easement for Drainage Purposes
[5 Exhibit pages follow]
f[I;
232154v7
(reserved for recording ii formation)
SUPERSEDING GRANT OF PERMANENT EASEMENT
FOR DRAINAGE PURPOSES
SF REAL ESTATE LLC, a Minnesota limited liability company ("Grantor"), is the fee
owner of that certain real property located at 3345 Fox Street, in the City of Orono, County of
Hemlepin, State of Minnesota, which is legally described as:
Lot 2, Block 1, Fuller°ton Estates
An undivided '/_� interest in and to: Outlot A, Fullerton Estates
(3345 Fox Street; PID 0511723440007) (the "Property").
Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, and the exchange of covenants
contained in this Superseding Grant of Permanent Easement, does hereby grant and convey unto
the CITY OF ORONO, a Mimlesota municipal corporation ("City"), as Grantee, its successors
and assigns, the following easement:
1. A perpetual and permanent nonexclusive easement for drainage and stormwater
maintenance purposes in, on, over, under, across, and through that certain portion of the Property
that is legally described as set forth on Exhibit A, and is graphically depicted on Exhibit B (the
"Easement Area"). This Superseding Grant of Permanent Easement includes the rights of the City,
its employees, contractors, and agents to enter upon the Easement Area at all reasonable times to
remove trees, brush, grass, dirt, and other obstructions in the Easement Area, and to construct,
inspect, repair, maintain, reconstruct, and use the Easement Area for stormwater maintenance
facilities and other related improvements.
232154v8
11
2• Grantor grants the uses specified in this Superseding Grant of Permanent Easement
without divesting itself of the right to use and enjoy the Easement Area, rovide d Grantor's
p use does
not materially interfere with the City's use of the same for the purposes set forth in this Superseding
Grant of Permanent Easement,
p rsedmg
3 Exh_ _ ibits A and B that are attached to this Superseding Grant of Permanent Easement
are each true and correct, and are incorporated into and made part of this
Superseding Grant of
Permanent Easement.
4• Grantor, for itself, its heirs, successors and assigns does covenant with the C'
successors and assigns, that it is well seized in fee title of the Property; City its
p rty; that it has the sole right to
grant and convey the easements referenced herein to the City; that there are no unrecorded i
in the Property; interests
p y, and that it will indemnify and hold the City harmless for any breach of the foregoing
covenants. g g
5• Grantor's prior Grant of Permanent of the Hennepin County RegEasement that was filed of record in the Office
istrar of Titles on December 11, 1997
as Document No. 286840 is
superseded and replaced in its enti
IN WITNESS rety by this Superseding Grant of Permanent Easement.
WHEREOF, the parties have executed this Superseding Grant of Pe
Easement to be effective as of the date of the last signature below. Permanent
232154v7 12
GRANTOR:
SF REAL ESTATE LLC
A Minnesota Limited Liability Company
By: [execution copy]
Bruce A. Boeder, Vice President
State of Minnesota
County of Hennepin
This instrument was acknowledged before me on , 2024, by Bruce A. Boeder, Vice
President of SF Real Estate, LLC, a Minnesota limited liability company, on behalf of the limited
liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAD'IPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/AKLS
13
232154v7
Exhibit A
Legal Description of the Easement Area
That part of Lot 2, Block 1 of FULLERTUN ESTATES, said plat is on file and of record in the
office of the Registrar of Titles, Hennepin County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 2; thence North 89 degrees 07 minutes 00 seconds
West on a record bearing along the north line of said Lot 2 for a distance of 509.21 feet to the point
of beginning; thence continuing North 89 degrees 07 minutes 00 seconds West along the north line
of said Lot 2 for a distance of 100.08 feet; thence South 04 degrees 51 minutes 47 seconds West for
a distance of 184.50 feet to the southerly line of said Lot 2; thence southeasterly along the southerly
line of said Lot 2 on a non -tangential curve concave to the southwest, having a central angle of 81
degrees 37 minutes 25 seconds and a radius of 50.00 feet, for an arc distance of 71.23 feet (chord
bearing South 40 degrees 48 minutes 41 seconds East); thence South 90 degrees 00 minutes 00
seconds East continuing along the southerly line of said Lot 2 for a distance of 273.00 feet; thence
North 00 degrees 44 minutes 46 seconds West for a distance of 49.60 feet; thence North 69 degrees
48 minutes 45 seconds West for a distance of 151.77 feet; thence North 41 degrees 41 minutes 56
seconds West for a distance of 85.78 feet; thence North 00 degrees 08 minutes 25 seconds East for
a distance of 65.74 feet to the point of beginning.
Said easement contains 0.97 acres, more or less, and is subject to all easements, restrictions,
reservations and rights of way of record, if any.
14
232154v7
LEGEND
:(PROPOSED DRAINAGE EASE.NENT
Exhibit B
Depiction of the Easement Area
EASEMENT EXHIBIT
PART OF LOT 2 IN BLOCK 'I
OF FULLERTON ESTATES
HENNEPIN COUNTY, MINNESOTA
N
E BASIS OF BEARING:
THE w��,_.✓ ORTH E OF
LOT 2, ELOCKI IHAS
A RECORD BEARING
S OF N89407'00"W
0 /20
..ia't M itH
0Ile
N 89.07'00" 19 rj
t� 71oo.oeegolov, Ile
' T' oR,N WE r nC ccu C.
WT J 141n ! i.OT? R!K I � J
le, ai' I 7 FIJUERTGN ESTATES FLCLER ESTAJi 5 el
POW V,
rj
.._..
�, NOO'08'25"E
ItGE / 65 7M1'
!)Vk Vk! 4 N707Y
E Vc,1T w w� r ,+
r BpJ
v 4' A' 69 [ R GE
A�IN iG ?g•qS" / ta�,Eil foT
. lJ .N "•_'* L 7i 23 116,
NCO 4 t 46 Vl �'41
.:..:..
1.
- �CHBRG 4048'41"E 4960 - TOO
"
• L t�l 6�rG. N't_ _ I
y !J
S 90'00'00" E 273 C0'
%iv4. l.vi n
i'
.... A .. ......�I
--
u,n�n Y 1 [ cfAse
—
LOr / F!K ! it,, Er 1000' d 0 I: ._ .
f H4\AGE & UTILITY
rJltJtTiJ7 n4rATES HIE S.MEW Ij
SHEET I OF 2
DRAINAGE EASEMENT PSDJECT P42 a> w
DATE: D'. G5.24
3345 FOX STREET M1EY iEO: N:)2�
ORONO, MN 55356 ORAFTEM1: Ero f�00re
AMEWEN: CDY engineering, inC.
1 ✓
232154v7