HomeMy WebLinkAboutDeclaration and Easement Stormwater - Honey HillExisting Certs
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III 111
LAND TYPE Torrens (T)
DOC NUM 6103375
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 11324441
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.
(reserved for recording information)
DECLARATION AND EASEMENT FOR
STORMWATER MANAGEMENT
THIS DECLARATION AND EASEMENT FOR STORMWATER MANAGEMENT
("Declaration") is made this I-J?� day of O " W , 2024, by ASPECT DESIGN BUILD,
L.L.C., a Minnesota limited liability company ("Declarant"), in favor of the CITY OF ORONO
("City"), a Minnesota municipal corporation.
RECITALS
A. Declarant is the fee owner of certain real property located at in the City of Orono, County of
Hennepin, State of Minnesota, which are legally described as:
Lots 1 through 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,
(collectively, the "Property"), and no one other than Declarant has any right, title, or interest
in the Property; and
B. Declarant is proceeding to build on and develop the Property, and has requested approval of
the Final Plat for the proposed development; and
C. The Final Plat as approved by the City on d Q , 2024, provides for detention and/or
retention of stormwater within the confines of the Property as is set forth in the Master Grading
Plan that was submitted with the Final Plat application (the "Plan"); and
D. On aCMZr2 ., 2024, MCWD issued Permit #24-310 (the "Permit") related to the Plan for
the Property, and such Permit applies to the entirety of the Property; and
2326531,4
y c, CHB Title, LLC
10850 Old County Road 15, Suite 100
Plymouth, MN 5WI
E. The City and Declarant agree that the health, safety, and welfare of the residents of the City of
Orono, Minnesota, require that on -site stormwater management/BMP facilities be constructed
and maintained on the Property; and
F. The City requires that on -site stormwater management/BMP facilities ("Stormwater
Facilities") as shown on the Plan be constructed and adequately maintained by Declarant as a
condition of Final Plat approval; and
G. As a condition of Final Plat approval, Declarant is required to provide this Declaration and
grant to the City an easement for access, drainage and utility purposes over portions of the
Property (the "Easement Areas"); and
H. The Easement Areas are depicted on Exhibit A, and
I. Declarant makes this Declaration in order to subject the Property to the requirements of the
Orono City Code, for the mutual benefit of the City, 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 in
the Plan shall be maintained in perpetuity in accordance with as follows:
Stormwater Facilities.
A. Stormwater retention and treatment basin(s). Stormwater retention and treatment
basin(s) must be inspected at least one (1) time per 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 once every five (5) years and kept clear of any obstructions or
sediment accumulation. Sediment accumulation must be measured by a method accurate to within
one (1) vertical foot. A storage treatment basin will be considered inadequate if sediment has
decreased the wet storage volume by fifty percent (50%) 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 (1)
year of the inspection date.
B. Raingar-dens, infiltration basins and filtration basins. Raingardens, infiltration
basins, and filtration basins will be inspected once every five (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.
C. Vegetated swales. Vegetated swales maybe moved for public safety, but otherwise
must remain free from vegetative disturbance, fertilizer application, yard or other waste disposal,
the placement of structures unless approved within the Permit, or any other alteration that impedes
function.
232653v4
D. Reuse systems. Runoff -management systems relying on capture and reuse of
stormwater (e.g., for irrigation) must be operated and maintained in accordance with terms of the
Permit, with and the manufacturer's or installer's specifications for any proprietary equipment.
E. Scope of Irrapection. The inspection shall cover, without limitation, the entire
stormwater runoff management facilities, including access roads and buffers. Deficiencies shall
be noted in the inspection report. A stormwater runoff management facility will be considered
inadequate if it is not compliant with all requirements of the Plan as approved by the City, and
with all requirements of City stormwater maintenance standards.
F. Reporting. Declarant will submit to the City once every five (5) years a brief
written report that describes stormwater facility maintenance activities performed under this
Declaration, including dates and locations of inspections, and the maintenance activities
performed. Declarant shall be responsible for the payment of any associated costs.
G. City Access and Maintenance Rights. Declarant hereby grants permission to the
City, its authorized agents and employees, to enter upon the Property and to inspect the Stormwater
Facilities whenever the City deems necessary. The City shall provide Declarant, its successors
and assigns, copies of the inspection findings and a directive to commence with the repairs if
necessary.
H. Failure to Maintain. In the event 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
C;ity's notice shall specifically state which maintenance tasks are to be performed. The City may
charge to Declarant, its successors and assigns, the costs of such maintenance work performed by
the City. This right to charge including assessing charges to Declarant includes the right for the
City to specially assess the City's costs to the Declarant's property taxes of such repairs if
Declarant fails to pay such costs within thirty (30) days of invoice from the City for the same. 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 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 Declaration be construed to impose any such
obligation on the City. In addition, Declarant agrees that Declarant is, and will be, 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. Declarant expressly agrees
to defend and hold the City harmless from any such third -party claim.
2. 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 Declaration over, on, across, under and through the Easement Area.
232653v4
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.
3. Reimbursement of Costs. Declarant agrees to reimburse the City for all costs
incurred by the City in the enforcement of this Declaration, or any portion of this Declaration,
including court costs and reasonable attorneys' fees.
4. Indemnification. This Declaration imposes no liability of any kind whatsoever on
the City. 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 negligent or intentional acts of
Declarant or Declarant's agents or employees, or any violation of any safety law, regulation, or
code in the performance of this Declaration, without regard to any inspection or review made or
not made by the City, its officials, agents, or employees, or failure by the City, its officials, agents,
or employees to take any other prudent precautions. In the event the City, upon the failure of
Declarant -to comply with any conditions of this Declaration, performs said conditions pursuant to
its authority in this Declaration, Declarant shall indemnify and hold harmless the City, its officials,
agents, employees, and representatives for its own negligent acts in the performance of Declarant's
required work under this Declaration.
5. Recording, Binding Effect. This Declaration and all of its obligations are 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. This
Declaration 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 or any part of the Property. Upon the
conveyance of fee title to the Property, the transferor will have no further obligations or liabilities
under this Declaration that relate to any time after such conveyance, and the new owner will, by
accepting title to the Property or any part of the Property, become bound by this Declaration 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 or any part of the Property.
Both the Declarant and a subsequent property owner are liable to the City for performance under
this Declaration, and 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 owner of the Property or
any part of the Property to enforce this Declaration.
6. Notices. All notices required under this Declaration shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
232653v4
To Declarant: Aspect Design Build, L.L.C.,
422 Second Street
Excelsior, N N 55331
ATTN: Tom Preissing
To the City: City of Orono
2750 Kelley Parkway
Orono, MN 55356
ATTN: City Administrator
All notices given hereunder shall be deemed given when personally delivered or two business days
after being placed in the mail properly addressed as provided in this Declaration.
7. Incorporation of Recitals and Exhibits. The Recitals that are at the beginning of
this Declaration, and the Exhibits that are attached to this Declaration, and each true and correct.
Each Recital and Exhibit is incorporated into and made part of this Declaration.
[signature pages follow]
232653v4
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and
year first written above.
DECLARANT:
ASPECT DESIGN BUILD, L.L.C.,
a Minnesota limited liability company
By. �. P
.�• k�ir-e i �,i r.�aed�a�
its: y t C �"� 1'thl (�'QV1 fprinted titlel
STATE OF Vkw%n-eso !! )
) ss.
COUNTY OF VxnwtvePIN )
The foregoing instrument was acknowledged before
�m-e-this 3b� day of WcIaW 20
2024, by M m Per. iS5 %,19 [printed namel, they � � \K �`31�� t`' T fprinted titlel of Aspect
Design Build, L.L.C., a Minnesota limited liability company, on behalf of the limited liability
company.
7Notary
. PERUSSE
' blic-Minnesota
Expires Jan. 31.2030
DRAFTED BY:
CAMPBLLL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
SMM/AKLS
6 ;otar�yyPublic
2326530
CITY:
CITY OF ORONO
By:
Dennis Walsh, Mayor
(SEAL)
An
Adam Edwards, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
he foregoing instrument was acknowledged before me this day of
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 CityS. n�1.
CHRISTINE S. LUSIAN
Notary Public
is
State of MinnesotaN
My Commission Expires
January31,2027
232653v4
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Exhibit A
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MORTGAGE HOLDER CONSENT
TO
DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE
Tradition Capital Bank, a Minnesota Banking Corporation, which holds a mortgage
executed by Aspect Design Build, LLC, dated August 7, 2024, recorded August 14, 2024 in the
office of the Hennepin County Registrar of Titles as Document No. 6089813 on the Subject
Property, the development of which is governed by the foregoing Declaration and Easement for
Stormwater Management ("Declaration"), agrees that this Declaration shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this 7 day of Qc-4o be f , 2024.
Tradition Coital Bank
By: ik
Lorri Borgelt
Its: EVP
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this � day of
oe+obt f , 2024, by Lorri Borgelt, the EVP of Tradition Capital Bank, on its
behalf.
�otaiPublic
DRAFTED BY:
TONI PREISSING, VP
ASPECT DESIGN BUILD
422 SECOND ST
EXCELSIOR, MN 55331
612-300-0025
232653v4
State of Minnesota
Notary Public
John P Borawski
My Commission Expires 1/3112029