HomeMy WebLinkAbout2016-10-06 OPH Ltr to CA Forwarding Stormwater Management Agreement For Recording CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/4394439 • Fax:651/439-0574
. airs
October 6, 2016
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff&Vierling
Attorneys at Law
1809 Northwestern Ave.
Stillwater,MN 55082
Re: Xcel Energy Nova Scotia Avenue Substation (Baytown Substation) CUP:
Stormwater Management Facilities Declaration& Easement Agreement
OPH File No.: 2016-06.08
TPC File No.: 236.02-16.08
Dear Mr. Vierling:
g
Enclosed herewith for filing with the Washington County Recorder's Office,please find a
copy of the above-referenced document. Notice of Certification has been attached.
Re r s,/
‘- ohnson
Administrator
EJ: jah
Enclosure
Tree City U.S.A.
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document:
Stormwater Management Facilities Declaration
and Easement Agreement
Xcel Energy Nova Scotia Ave. Substation
(Baytown Substation CUP)
13957 60`h St. N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true and complete copy of said document within the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 6th day of October,
2016.
aE
E i4ohnson
f.t`y Administrator
[Torrens]
STORMWATER MANAGEMENT FACILITIES
DECLARATION AND EASEMENT AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES DECLARATION AND
EASEMENT AGREEMENT is made and given on , 2016 by Northern
States Power Company, a Minnesota Corporation ("Owner"), to the City of Oak Park Heights,
a Minnesota municipal corporation, ("City").
WHEREAS, Owner is the fee owner of the property legally described on attached
Exhibit A ("Property"); and
WHEREAS, stormwater management facilities on the Property will be connected to
the City's stormwater utility system, and the City's system and the surface waters of the City
and the State may be adversely affected by the operation and maintenance of stormwater
management facilities on the Property; and
WHEREAS, in connection with an application by Owner for the Conditional Use
Permit for the expansion of the NSP Baytown Substation located on Nova Scotia Ave., the
City has required, as a condition of approval, the execution and recording of this Stormwater
Management Facilities Declaration and Easement Agreement ("Agreement"); and
WHEREAS, to secure the benefits and advantages of the City's approval, Owner
desires to subject the Property to the terms hereof;
NOW, THEREFORE, Owner declares that the Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the easement hereinafter granted and the
terms of this Agreement.
1. Definitions. For purposes of this Agreement, the following terms shall have
the meanings given.
1.1. "Stormwater Management Facilities" means the following
456312v1 CLL MD165-1 ]
improvements designed and constructed to manage stormwater. The
designation of the improvement corresponds to the designation on
Exhibit B, the approved plans for the Stormwater Management
Facilities.
1.1.1. [Vegetative Filter System]
1.1.2.
1.1.3.
1.1.4.
1.2. "Operations and Maintenance Checklist" means the operations and
maintenance checklist form for the corresponding Stormwater
Management Facility. The Operations and Maintenance Checklist[s]
for the corresponding Stormwater Management Facilities [is/are]
attached as Exhibit C.
2. Owner's Obligations.
2.1. The Owner shall construct Stormwater Management Facilities in
accordance with the approved plans attached as Exhibit B. A full size
original of Exhibit B is on file with the City Engineer of the City.
Construction of the Stormwater Management Facilities shall be
completed by 1211
2.2. The Owner shall inspect the Stormwater Management Facilities, at
least as frequently as is specified, and meeting all of the requirements
for inspections listed, on the Operations and Maintenance Checklists.
Completed Operations and Maintenance Checklists forms shall be
completed annually and delivered to the City Engineer within thirty
(30) days of their completion and no later than October 1st of each
calendar year.
2.3. The Owner shall continuously and perpetually maintain, clean, repair
and replace the Stormwater Management Facilities. All Stormwater
Management Facilities shall be so maintained, repaired and replaced as
to maintain their original, approved design, function, volume, capacity,
and efficiency. Without limiting the generality of the foregoing,
maintenance, repair and replacement activities shall include, at a
minimum, activities listed on the Operations and Maintenance
Checklists.
3. Enforcement.
456312v1 CLL MD165-1 2
•
3.1. This Agreement is enforceable by the City acting through its City
Council. The City may enter the Property for the purposes of
inspection of the Stormwater Management Facilities and enforcement
of the obligations of Owner under this Agreement. If Owner fails to
perform its obligations under this Agreement, the City must provide
written notice of default to Owner before taking any corrective action.
If the failure continues for 30 days after the City's written notice, the
City may take whatever actions it deems reasonably necessary in order
to fulfill the obligations of Owner under this Agreement. If it is
determined by the City that it is necessary to enter the Property to
maintain or repair Stormwater Management Facilities to protect public
utility facilities or the public health, safety or welfare without first
giving such notice to the Owner, it may do so, giving the Owner such
notice as is reasonably possible under the circumstances. Owner must
reimburse the City for the reasonable out-of-pocket costs incurred by
the City for its corrective action within 30 days after receipt by Owner
of a written demand from the City accompanied by reasonable
documentation of the expenses. If Owner fails to reimburse the City
within such 30-day period, the City may recover its costs by assessing
the amounts against the Property to be collected with property taxes.
Owner waives any and all rights to receive notice and a hearing or to
contest these assessments. Further, City may enforce the terms of this
Agreement by any proceeding in law or in equity to restrain violation,
to compel compliance, to recover costs for corrective action, or to
recover damages, including attorneys' fees and costs of the
enforcement actions. The Owner is not liable for the actions of any
third party, other than its employees, agents, or contractors, that violate
the terms of this Agreement unless the Owner, its employees, agents, or
contractors had actual knowledge of the violation and failed to take
reasonable action to stop the violation.
4. Grant of Easement.
4.1. Grant of Easement. For valuable consideration, Owner conveys to the
City an easement for inspection, maintenance and repair of Stormwater
Management Facilities purposes over, under, and across the Property
on the terms and conditions hereinafter set forth.
4.2. Scope of Easement Rights. The Easement hereby conveyed includes
the right of the City, its contractors, employees, agents and assigns to:
4.2.1. reasonable right of ingress and egress to inspect Stormwater
Management Facilities in accordance with Section 3.1 hereof;
4.2.2. reasonable right of ingress and egress to perform the Owner's
Obligations upon default by Owner in accordance with
456312v1 CLL MD165-1 3
Section 3.1 hereof;
4.2.3. locate, construct, reconstruct, operate, maintain, inspect, alter
and repair the Stormwater Management Facilities in
accordance with Section 3.1 hereof; and
4.2.4. cut, trim, or remove trees, shrubs, or other vegetation that, in
the City's judgment, unreasonably interfere with the
Stormwater Management Facilities.
5. Miscellaneous.
5.1. No Waiver. Failure to enforce any provision of this Agreement upon a
violation of it will not be deemed a waiver of the right to do so as to
that or any subsequent violation.
5.2. Validity. Invalidation of any of the terms of this Agreement will in no
way affect any of the other terms, which will remain in full force and
effect.
5.3. Duration of Easements. The agreements and easements granted
herein are permanent and shall remain in effect in perpetuity.
5.4. Warranty of Grantor. The Owner warrants that it is the owner of a
fee simple interest in the Property, that it has the right to grant this
Agreement, and that the Property is free and clear of any lien,
encumbrance, easement, restriction, covenant or condition, except for
those filed of record with the County Recorder or Registrar of Titles for
Washington County, Minnesota.
5.5. Easement Runs with Land. This Agreement runs with the land and is
binding on the Owner, its heirs, successors and assigns.
5.6. Amendments. This Agreement may not be amended without the
written approval of the City and the Middle St. Croix Watershed
Management Organization.
456312v1 CLL MD165-1 4
4:Irk 11UPO&AD
By: Pamela Jo Rasmussen
Its: Senior Manager, Siting& Land Rights,
Northern States Power Company, a
Minnesota corporation
va CXYASilek
STATE OF MINNESOTA )
) ss.
COUNTY OF au.1 acii/t
The foregoing instrument was acknowledged before me this 15-tkday of A-t,l 64 ,
?.p to - OT2; by Pamela Jo Rasmussen, the Senior Manager, Siting & Land Rights of Northern States
Power Company, a Minnesota corporation, on behalf of the corporation.
•
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NotaryPubli
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TER! LAVAUER =Cii• A418 L I G ' I
NOTARY PtJBUC-STATE OF WISCONSIN �'` 'c�`•'••.. 5��
My commission expires Mandl 17, 2017 vs, o M
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THIS INSTRUMENT WAS DRAFTED BY:
NSP 414 Nicollet Mall, Minneapolis, MN 55401
For City use only:
Planning File#
Date of Council approval
456312v1 CLL MD165-1 5
e) NORTHERN STATES POWER f\
.-, MINNESOTA
EXHIBIT A SHEET 1 OF 2 SHEETS
1/ '
Certificate of Survey
Location: Oak Park Heights
Grantor: Xcel Energy
See sheet 2 of 2 for descriptions. Scale: 1"=50'
S88°53'44"E 100.22
Lot P.O.B.
i� \1 NE COR. OF"PREMISES"
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•• EASEMENT
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1°' E. LINE OF
1 w O0 "PREMISES"
' r 100
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may' —)
IN
APPROXIMATE LINE OF I o SCS
100-YR. FLOOD 1 z sc'S
1 i CJ
N%� / `l
S7 35.12
N89°37'22"W
cj
LINE TABLE U
LINE BEARING DISTANCE `"
L1 N58°00'54"W 10.01
L2 N15°52'14"W 7.26
L3 N44°05'38"W 10.99
L4 N57°40'52"W 20.92
L5 N14°56'52"E 19.30
I HEREBY CERTIFY THAT THIS SURVEY, PLAN,OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER
THE LAWS OF THEdITAT OF MINNESOTA.
SUB: Baytown MI ?EL E. ANNON LIC. NO.40035
SEC. 5, T.29 N., R. 20 W., 4th P.M.
CO.: Washington DATE 9— (—/ ;:,
NORTHERN STATES POWER
MINNESOTA
EXHIBIT A SHEET 2 OF 2 SHEETS
Certificate of Survey
Location: Oak Park Heights
Grantor: Xcel Energy
"Premises":
The West 300.00 feet of the East 1013.00 feet of the South 225.00 feet of the
North 550.00 feet of the Northeast Quarter of the Northeast Quarter of Section
5, Township 29 North, Range 20 West, Washington County, Minnesota, as
measured at a right angle to the east line and the north line of said Northeast
Quarter of the Northeast Quarter.
"Easement Area":
An easement over, under and across the herein before described "Premises"
described as follows:
Beginning at the northeast corner of said "Premises"; thence South 01
degree 03 minutes 16 seconds East, along the east line of said
"Premises" a distance of 208.98 feet; thence North 89 degrees 37 minutes
22 seconds West 35.12 feet; thence North 58 degrees 00 minutes 54
seconds West 10.01 feet; thence North 15 degrees 52 minutes 14
seconds West 7.26 feet; thence North 00 degrees 25 minutes 58 seconds
East 79.69 feet; thence North 25 degrees 33 minutes 13 seconds West
89.73 feet; thence North 44 degrees 05 minutes 38 seconds West 10.99
feet; thence North 57 degrees 40 minutes 52 seconds West 20.92 feet;
thence North 14 degrees 56 minutes 52 seconds East 19.30 feet to the
north line of said "Premises"; thence South 88 degrees 53 minutes 44
seconds East, along said north line, 100.22 feet to the point of beginning.
Containing 0.29 acres, more or less.
Ii
SUB: Baytown
SEC. 5, T.29 N., R. 20 W., 4th P.M.
CO.: Washington
EXHIBIT B
Stormwater Management Facilities Approved Plans
456312v1 CLL MD165-1 B_1
Exhibit C
Operations and Maintenance Checklist
BIORETENTION - Operation & Maintenance Checklist
Project: Xcel Energy Baytown Substation
Location:
Site Status:
Date:
Time:
Inspector:
Satisfactory/
Maintenance Item Comments
Unsatisfactory
1. Debris leanout(Monthly he first Year every 6 months thereafter)
ilii a�a,� �d�� �� _ -" tf'
Contributing areas clean of litter and
vegetative debris
No dumping of yard wastes into facility
Bioretention area clean of litter and
vegetative debris
2. Vegetation Monthlythe first Year; every 6 months thereafter)
Undesirable vegetation removed
Basin has uniform perennial vegetative cover
No evidence of erosion
r 3 DewateringfM-orntht the
�rst Year; every
6'months thereafteri
r
Dewaters
y 4
between storms within 48 hours
No evidence of standing water
fir'•' a 4,� '41;7- ;,� -r .. Y
4 Sedi 'iment Dep ion (Mon h the first Year very 6 months hereafter) uw r
Pretreatment areas clean of sediment
Contributing drainage area stabilized and
clear of erosion
Winter sand deposition evacuated every
spring
407091v1 CLL LW105-1
Exhibit C
Operations and Maintenance Checklist
APPENDIX D. OPERATION&MAINTENANCE CHECKLISTS
6 Inle putlet/Overflow Spillway(Annual,After Major StQms) An n
war
Good condition, no need for repair
No evidence of erosion
No evidence of any blockages
%6ll tegrty of Filter Bpd(Annual)« 3° 7
Filter bed has not been blocked or filled
inappropriately
Comments:
Actions to be taken:
407091v1 CLL LW105-1