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HomeMy WebLinkAbout2021-05-10 WC Recorded Document 4312062 - 08-12-20 Stormwater Mgmt Facilities Declaration & Easement AgreementReceipt:# 539102 EAS $46.00 CRV Not Required Exempt from Tax Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4312062 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Certified Filed and/or recorded on: 5/10/2021 2 24 PM El 1611 KII3'� Office of the County Recorder Washington County, Minnesota Debra Ledvina, County Recorder Jennifer Wagenius, Auditor Treasurer DRAFTED BY/RETURN TO: Kevin S. Sandstrom Eckberg Lammers, P.C. 1809 Northwestern Avenue Stillwater, MN 55082 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 the attached document(s): Stormwater Management Facilities Declaration and EasementAgreement — dated 8/12/24 made and entered into by and between the City of Oak Park Heights and David C. Triemert Jr. and/or Central Automotive LLC, has been placed on file at the offices of the City of Oak. Park Heights, and that the same is a full, true and complete original of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City o: 2021 STORMWATER MANAGEMENT FACILITIES DECLARATION AND EASEMENT AGREEMENT THIS STORMWATER MANAGEMENT FACIL TIES DECLARATION AND EASEMENT AGREEMENT is made and given on (mss kV by David C. Triemert Jr. (CENTRAL AUTOMOTIVE LLC) "Owner" ), to tfie 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 development, 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; WHEREAS, Owner intends and is required to form and establish, if necessary due to any future lot subdivision a owner's association for the management and oversight of the Property and that said association shall undertake the obligations herein upon completion of the development; 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 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. 1.2. "Operations and Maintenance Checklist" means the operations and maintenance checklist form for the corresponding Stormwater Management Facility. The Operations and Maintenance Checklist for the corresponding Stormwater Management Facilities is attached as Exhibit C. 4563 ] 2v] CLL MD165-1 1 2. Owner's Obligations. 2.1. The Owner shall construct Stormwater Management Facilities in accordance with the approved plans attached as Exhibit B or as otherwise approved by the City Engineer. A full -size original of Exhibit B is on file with the City Engineer of the City. 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. 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. 2.4. In the event of any further subdivision of the Owner's lands the Owner shall cause an owners' association ("OA") to be formed to undertake and pay for all obligations herein upon completion of the development of the Property, shall cause the OA to be assigned and undertake responsibility for all obligations and covenants herein, and Owner and the OA shall be jointly and severally obligated to perform the duties herein. Said assignment shall also provide that in the event of the failure, dissolution or insolvency of the OA, that the individual future property owners of the Property shall be responsible to undertake the obligations herein. 2.5 Owner shall additionally comply with the terms and conditions of the City Council Conditional Use Permit — May 28th, 2019 as well as the City Engineers review comments dated May 2nd 2019. 3. Enforcement. 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. 456312v1 CLL MD 165-1 2 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 under Minn. Stat. Chap. 429 or other applicable law. 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 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 456312v1 CLL MD165-1 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 Covenants and Easements. The agreements, obligations, covenants, 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 and Covenants Runs with Land. This Agreement runs with the land and is binding on the Owner, its heirs, successors and assigns and shall be recorded against the property. 5.6. Amendments. This Agreement may not be amended without the written approval of the City and the Middle St. Croix Watershed Management Organization. OWNER: David C. Triemert Jr (CENTRAL AUTOMOTIVE LLC) By Its:a STATE OF MINNESOTA ) ss. COUNTY OF t f `0 ) The foregoing instrument was acknowledged before me this day of &ys- - , 456312v1 CLL MD165-1 4 2020, by STATE OF MINNESOTA ) )SS. COUNTY OF Patrick William Bennett ria Notary Public Minnes0ta 312024 My Commission E"it" IOU C' Oa rk He* hts � By: �Z- LeIts: -64 4�— of The foregoing instrument was acknowledged before me this day of� 2020, by i ?, t`' ' ° � °€ the , �I i4 L of JENNIFER M. PINSKI NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2022 Publ Middle St. Croixlrshed Management Orgy hilon By. Its: STATE OF MINNESOTA ) /, )Ss. COUNTY OF A1tYJ ) The foregoing instrument was acknowledged before me this 20%,j by (ZI 9 &-� i ( --VL the yx>L , on behalf of 1----, No 1 Public 456312v1 CLL MD165-1 day of CZ , co 14, of "• JULIE A. HULT NOTARY PUBLIC • MN ESC My Commisso Exp"s Jan, 3 3 Description of the Property SEE ATTACHED PLAT SUBMITTED EXHIBIT B Stormwater Management Facilities Approved Plans SEE SUBMITTED PLANS ATTACHED - subject to final review and approval of the City Engineer; Owner shall implement any necessary changes required by City Engineer. Stantec Consulting Services Inc. 2335 Highway 36 West Stantec St. Paul MN 55113 May 2, 2019 File: 193800151 Attention: Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082-2007 Reference: Central Automotive — Plan and Drainage Design Review Dear Eric, We have reviewed the plans and drainage calculations received 4/12/2019, regarding the proposed Central Automotive site. Following are our initial comments and recommendations: Site and Paving Plan, C2.0 1. Improvements in the City Right -of -Way and City utilities shall be per the City's Standard Detail Plates. 2. Add a note to the site plan sheet requiring a "butt joint" where the driveway ties in to the existing 59th Street. 3. Match existing sidewalk section removed at water service tie in. 4. Refer to the Fire Department review of fire lanes and circulation. 5. include Washington County in Keynote 4. 6. The connection to 591' Street needs to include a concrete commercial driveway apron per City Detail Sheet STR-8. Include the City detail plate on the plan. 7. The proximity of the drainage and roadway easement to the building on the south side of the property will need to be resolved. See planning report. Utility Plan, C3.0 1. Connections to the City's watermain are not be allowed via wet tap. A tee will need to be installed; coordinate with the City's Public Works Department. Include a valve on the 6 -inch line at the tee. Include City detail plate WAT-3. 2. The watermain, hydrant, sanitary sewer and storm sewer that serve the site will be private and maintained by the owner. 3. While the water service and hydrant will be privately owned and maintained, the City will be operating the hydrant. All water system piping under the City's operation shall be ductile iron pipe. This includes pipe from the main to the hydrant. Provide a mechanism either via easement or Design with community in mind May 2, 2019 Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082-2007 Page 2 of 3 Reference: Central Automotive - Pian and Drainage Design Review agreement to memorialize City to access the hydrant. City water utility specifications will be provided to the engineer. 4. The hydrant and valve shall be installed per City detail plate WAT-8. Include City detail plate WAT- 6. City specifications for the hydrant will be provided to the engineer. 5. Connections to the City's sewer, water and storm sewer systems shall be per the City's standards and detail plates. The City or it's designee shall be present for water and sanitary sewer service connections to the City's systems. Grading and Erosion Control Plan, C4.0 1. Label parking lot EOF. 2. Label the slope areas that will have erosion control blanket. 3. Use a minimum of 8 CY of RIP RAP for pipe outlets per City Detail Plate STO-13. 4. The storm sewer that serves the site will be private and maintained by the owner. 5. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. Stormwater Drainage Review 1. Provide the City with the documentation of the approval and conditions from Middle St. Croix Watershed Management Organization (MSCWMO). 2. The site is not located within the City's DWSMA, therefore, infiltration is permitted. 3. It appears that the piped outflow from the infiltration basin is not being considered in the rate control calculations. Please included all surface and piped outflows in the rate control calculations. 4. Calculations should be shown that satisfies the MS4 requirements of a net reduction to Total Suspended Solids (TSS) and Total Phosphorus (TP) from existing conditions to proposed conditions. 5. Label 140 -year HWL of the infiltration basin on the pian sheet. 6. Submit calculations verifying storm sewer sizing. General Comments 1. The City reserves the right to inspect the construction of the project. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. The Owner will need to comply with all requirements of the NPDES Construction Stormwater Permit and the Middle St, Croix Watershed Management Organization (MSCWMO). The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. Design with community in mind May 2, 2019 Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082-2007 Page 3 of 3 Reference: Central Automotive - Pian and Drainage Design Review 3. Parking, lighting, landscaping and building to be reviewed by others. 4. The Owner shall be responsible for obtaining all required permits. 5. Utility construction and improvements in the right-of-way need to conform to the City's Standard Detail Plates. The City's details other pertinent specifications will be provided. If you have any questions or require further information, please do not hesitate to contact me. Regards, Stantec Consulting Services Inc. Lee M. Mann, PE City Engineer Phone: 612-712-2085 Lee.mann@stantec.com c. Andy Kegley, Public Works Director Julie Hultman, Building Official Scott Richards, City Planner Kevin Sandstrom, City Attorney Lisa Danielson, City Arborist Design with community in mind \%ommAVENUE NORTH / / \ \ \� 111111 A = m ■ e !t!I ! - ! \$ `� /}� 7) |■ HHH§n�w §| % � § � 2|!{ /� ® \ \ k k \) .11a �! ■E ! on ME m ■■ / / \ \ \� A = m ■ e !t!I ! - ! \$ `� /}� 7) |■ HHH§n�w §| % � § � 2|!{ /� ® \ \ k k \) .11a ! ©© \i! m EXHIBIT C Operations and Maintenance Checklists The Owner of the property accepts ultimate responsibility to maintain the stormwater management (SMW) facilities by either contracting for the maintenance work to be performed or by self -performing the work. Maintenance activities are listed in the table below. The owner will develop and implement an annual inspection program in the spring months such that routine and non -routine corrections can be programmed. The owner will communicate any corrective maintenance activities to the City of Oak Park Heights. Maintenance Activity Frequency Remove accumulated sediment and debris from the forebay. Annually Eradicate noxious weeds and invasive species. Annually Remove trash and debris. Annually Supplement the biofiltration basin with native vegetation if barren areas form or if control of noxious or invasive species control exceeds 25% of the basin area. As Needed Repair areas of erosion. As Needed Replace filtration media impacted by sedimentation. As Needed CONSENT The undersigned Mortgagee of the real estate described in the attached instrument pursuant to the Mortgage recorded as Document No. Washington County in the office of the hereby joins in and consents to all of the terms and provisions contained in the attached Stormwater Management Facilities Declaration and Easement Agreement (the "Agreement"). The undersigned Mortgagee further agrees that its interest in the property covered by the Mortgage is subject to the Agreement and to all of the terms and provisions contained in it and agrees that if the Mortgagee forecloses its mortgage(s) on the property, or takes a deed in lieu of foreclosure, the Mortgagee will take title subject to the Agreement. Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by the on behalf of the corporation . Notary Public of