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Home My WebLink AboutDeclaration _ Honey HIllExisting Certs 1582435 III 111111111111111111111111111111111111111 LAND TYPE Torrens (T) DOC NUM 6103376 Certified, filed and/or recorded on Oct 30, 2024 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 120 Pkg ID 2724095C Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. LAND TYPE Abstract (A) DOC NUM 11324442 Certified, filed and/or recorded on Oct 30, 2024 2:00 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 120 Pkg ID 2724095C Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. DECLARATION THIS DECLARATION (Declaration) is made this V ' day of or-:�-Kf , 20Zjby and Aspect Design Build, LLC, a Minnesota limited hability company (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: Lots 1 through 6, Block 1, Honey Hill on Lake Classen, Hennepint County, Minnesota, according to the recorded plat thereof, and Outlot A, Honey Hill on Lake Classen, Hennepin County, Minnesota, according to the recorded plat thereof, (the Property) and no one other than Declarant, Aspect Design Build, LLC and Tradition Capital Bank has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit #24-310 applies; and Ir " CHB Title, LLC 10850 Old County Road 15, Suite 1 oo Plym®dth, MN 66441 WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions imposed by the MCWD as a condition to issuance of Permit # 24-310 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 Exhibit C will be maintained in perpetuity in accordance with as follows: 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. STORMWATER FACILITIES a. Stormwater retention and treatment basin(s). Stormwater retention and treatment basin(s) must be inspected at least once a year to determine if the basin's retention and treatment characteristics are adequate and continue to perform per design. Culverts and outfall structures must be inspected at least annually and kept clear of any obstructions or sediment accumulation. Sediment accumulation must be measured by a method accurate to within one vertical foot. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be restored to its original design contours and vegetation in disturbed areas restored within one year of the inspection date. b. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually to ensure continued live storage capacity at or above the design volume. 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. c. Reporting. The Declarant will submit to the MCWD annually a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 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. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: �-- (signature) By: w L 1 ��f �5 k ' „� < (print name) Vice President of Aspect Design Build LLC State of IM N County of ifcyI VLQ, ?f tq This instrument was acknowledged before me on by Tom Preissing as Vice President of Aspect Design Build, LLC (Stamp) (Signature of notarial officer) EFON SECKEW NOTARY PUBLIC • MINNESOTA m MY Comm. Exp. Jan. 31, 2029 CI lo\11 -CXPC, U- kpTitle (and Rank) My commission expires: J 11 1N 0VIA + This Instrument Was Drafted By: Tom Preissing, on behalf of Aspect Design Build, LLC 422 Second St Excelsior, MN 55331 CONSENT and NON -DISTURBANCE Legal description of Subject Property: Lots 1 throtegh 6, Block 1, Honey Hill on Lake Classen, Hennepin County, Minnesota, according to the recorded plat thereof; and Outlot A, Honey Hill on Lake Classen, Hennepin County, Minnesota, according to the recorded plat thereof, Tradition Capital Bank is the current holder and owner of a Mortgage, made and subscribed by Aspect Design Build, LLC and filed for record on August 14, 2024 as Document No. 6089813, in the Office of the County Recorder, Hennepin County, Minnesota. Tradition Capital Bank hereby consents to the attached Declaration executed by Aspect Design Build, LLC to the Minnehaha Creek Watershed District, and joins in the execution hereof solely as lien holder and hereby agrees that in the event of the foreclosure of the Mortgage, or other sale of the Subject Property described in said Mortgage under judicial or non -judicial proceedings, the same shall be sold subject to said Declaration. Signed and executed this _Z!� day of 0e_4ob-e-( , 202'- . By: <� "IA- Lorri Borgelt, EVP STATE OF MINNESOTA COUNTY OF HENNEPIN BEFORE ME, the undersigned authority, on this day personally appeared Lorri Borgelt, EVP of Tradition Capital Bank, known to me to be the person and officer whose name is subscribed to the foregoing instrument and who acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of Tradition Capital Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS -7'h day of 6C 4, b e T 20Zq . Notar Public State of Minnesota Y Notary Public John P Borawski My Commission Expires 1/31/2029