Loading...
HomeMy WebLinkAbout2024-02-01 WC Recorded Document 4428667 -Stormwater Mgmt Facility Maint. AgreementReceipt:# 641643 AGR $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4428667 111111 VIII VIII VIII VIII IIII IIII IIII IIII Certified Filed and/or recorded on: 2/1/2024 2 42 PM EI El pill-11-11-ri Office of the County Recorder Washington County, Minnesota Amy Stenftenagel, County Recorder STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS T, the undersigned, being duly qualified and acting as (-,Irv,,\ dri-iin's trator foi- the City of Oak Park 1 -(eights, Minnesota DO HEREBY CERTIFY that the Attached docurnent: 'Vtortnivater Management Facility Maintenance Agreement made and entered into the V day of Noveinber, 2023, by and between the CIry of Oak park Heights and Croixview [if ddings, LLC, has been placed on file at ti-ic offices of the City of Oak Park Heivhts, and that the same is a full, true, and complete original of said docuinent xvithin the files of the Cit<< of Oak Park Heights. WITNESS my ])and and the seal of the CJtA- of Oak Park f lei)-ghts, this 9th dav 6f November, 2023. jaco ~life, City A�dn Iffis,11'stor. THIS STORMWATER MANAGEMENT FACILITY MArNTENANCE AGREEMENT is made and given on the I st day of November, 2023 by and between the CITY OF OAK, PARK HEIGHTS, a municipal corporation and political subdivision organized under the laws of the State of Minnesota (the "City") and CROIXVIEW HOLDrNGS LLC, a Minnesota limited Liability company ("Develope erred to together as "Parties"). (and Developer and the City ref WHEREAS, pursuant to Minnesota Statutes and related rules and regulations, the City h adopted and implements regulations regarding Ston-riwater Management-, i WHEREAS, under City regulations, certain iand-disturbing activity requires a lai I and maintain stormwater management facilities; WHEREAS, Developer is the fee Developer of that certain property located in the City Oak Park Heights, legally described on attached Exhibit A (the "Property"); and WHEREAS, Developer desires to construct improvements on the Property requiring stormwater management within the City and has submitted Plans for construction of stormwater facilities to the City in accordance with the terms of the development agreement entered into between the City and Developer dated December 28th, 2022 ("Development Agreement"); and WHEREAS, in connection with the Development Agreement the City has required, as a condition of approval, the execution and recording of this Stormwater Management Facility Maintenance Agreement (the "Agreement"); and WHEREAS, to secure the benefits and advantages of the City's approval, Developer desires to subject the Property to the terms ofthis Agreemerlt. NOW, THEREFORE, Developer declares that the Property is, and shall be, held, transferred, sold., conveyed, and occupied subject to the terms ofthis Agreement. 1. The Developer, its successors and assigns shall install and maintain those certain storm water facilities as identified and delineated on the site plan incorporated in this Agreement as Exhibit I (the "Facilities"). 2. The Developer, at its cost, will inspect and maintain the Facilities in accordance with the ston-nwater management facility maintenance requirements, attached and incorporated as Exhibit 2, under all permits issued by the City applicable to this Agreement including but not limited to filtration and drainage swales, and regarding the Facilities identified in the permit(s) that are to be owned by the Developer on its Property. 5&4 OIX 12-28-22 19 of 38 3. By January 31 of each year, Developer will provide to the City Administrator a concise written report stating the dates of inspections and maintenance, facilities inspected, inspection results and maintenance or other work performed on the Facilities during the preceding calendar year. 4. Developer shall cause a declaration to be recorded on the Property incorporating the stormwater management facility maintenance requirements of this Agreement; and such recordation occur either before any encumbrance is recorded on the Property or, if after, only as accompanied by a consent executed by the encumbrance holder ensuring that the declaration will continue to bind the propel ty in the event of a sale or transfer by forfeiture. 5. Enforcement. 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 Storrn Water Management facilities and for the enforcement of the obligations of Developer under this Agreement. If Developer fails to perform its obligations under this Agreement, the City must provide written notice of default to Developer 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 Developer under this Agreement. If it is determined by the City that it is necessary to enter the Property to maintain or repair Storm Water Management Facilities or roadways to protect public utility facilities or the public health, safety, or welfare without first giving such notice to the Developer, it may do so, giving the Developer such notice as is reasonably possible under the circumstances. Developer must reimburse the City for the reasonable out-of-pocket, legal and administrative costs incurred by the City for its corrective action within 30 days after receipt by Developer of a written demand from the City accompanied by reasonable documentation of the expenses. If Developer 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. Developer waives any and all rights to receive notice and a hearing or to contest these assessments under Minn. Stat. ch. 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 actual attorneys' fees and costs of the enforcement actions. b. Grant of Rights. a. Grant of Rights. For valuable consideration, Developer conveys to the City a right of inspection, maintenance, and repair of Storni Water Management Facilities over, under, and across the Property and assess the costs of maintenance and repair to the Developer on the terms and conditions hereinafter set forth. b. Scope of Fights. This Agreement hereby conveyed includes the right of the City, its contractors, employees, agents, and assigns to: 92-28-22 20 of 38 i. Reasonable right of ingress and egress to inspect Storm Water Management Facilities., ii. Reasonable right of ingress and egress to performs the Developer's obligations upon default by Developer in accordance with this Agreement, in. Locate, construct, reconstruct, operate, maintain, inspect, alter, and repair the Storm Water Management Facilities in accordance the requirements of this Agreement: and. iv. Assess the costs of inspection, construction, reconstruction, operation, maintenance, alteration, and repairs against the Developer. v. Cut, trim, or remove trees, shrubs, or other vegetation that, in the City's judgment, unreasonably interfere with the Storm Water Management Facilities. ilI a_ 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. b. Validity. Any provision of this Agreement deemed invalid by a court of law shall be severable from the remainder of the Agreement. Invalidation of any of the terms of this Agreement will in no way affect any of the ether terms, which will remain in full force and effect, C. Duration of Covenants and Easements. The agreements, obligations, covenants, and easements granted herein are permanent and shall remain in effect in d. Warranty of Grantor. The Developer warrants that it is the Developer 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 fled of record with the County Recorder or Registrar of Titles for Washington County, Minnesota. e. Recitals Incorporated. The recitals above are hereby incorporated as part of this Agreement as if foully set forth herein. f. Easement and Covenants Run with the Land. This Agreement runs with the land and is binding on the Developer, successors, and assigns, and shall be recorded against the property. g. Amendments. This Agreement may not be amended without the written approval of the City. j&3�t�hlS ��4'Ix 12-28-22 21 of 38 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and effective as of the date first above written. STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss. The foregoing instrument was acknowledged before me this I day of November, 2023,. by Mary McComber, Mayor and by Jacob Rife, City Administrator, of the City of Oak Park Heights, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. C CITY OF OAK PARK HEIGHTS Mary MXomber,Mayor ity Ad -mini CL L. --Xkl- dr N��y Public 1 JuLrEAALTMAW MyCwawwExpw*:3120 &Wtx 12-28-22 22 of 38 DEVELOPER: CROIXVIEW HOLDINGS LLC Timothy Siegfried President and Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) -�-L The foregoing instrument was acknowledged before me this 1 day of November, 2023, by Timothy Siegfried, the President and Chief Manager of Croixview Holdings LLC, a Minnesota limited liability company, on behalf of said company. Nq ry Public {i� 9 ✓r-.ri; � .,,_ f xx" -,r r_" ,: -��:� ice.-r�fr y- �..� DRAFTED BY: Kevin S. Sandstrom Eckberg Lammers, P.C. 1809 Northwestern Ave Stillwater, MN 55082 12-28-22 23 of 38 I'M111 I .IV a Site Plan & Approved Concept Plans [to be attached] DEV AGMT - OPH - CROIX 12-28-22 24 cf 38 N N Q L OZj� NO o iL®a' �� 2 _ _ zo H mo F"Z w� LLJ a W ( o I Ir Q �; a v l- o tl o o W O Z s QO Y 'E"° U O Z�, wi U o - 3 o V LA 02O ,�. -i W o� a og g,gaR gsag°� o J z 0 -:�W.��tt ~4Fa3N 'n� e;sgg r<t o G�o�° 03 os w�"�<. U 085 F:o Q zLLI o Oz �F ji g u rn ag �u z o u Io 0 '" s 3e� O a w z N Y t 3 C w o Z N 6 U ° U 30 3U 0 Oo JG U5' ° .sp ��� pV offi� E �i "P3 m s s ra�`s MM a; oxo.ce co_agE s 1'g N 'a33aizP`a ����€&� z 'I�G��sW� z ;��N a, sa s °= a a£a83g 3q §a �FW�n��'`t3 gz; - a 6 eo9�� _ a "s�W g oW.j za�mSi _ W K LU � �:Q of f— ZW Z z D LU LL Z LL j LU J Z - u -_---___. Q Z Z Q W J — Z Z Q LL i a H , ��� Q Q� _ — o � o GAJ d W LLJ U W Of z Q ry U Q O U m W W C) LU Of z Q ry U Q O U LU Q cn 1N3W 3'Jtl NtlW S!'<71N31N1 3tlN 1�311H �Ntl 7 bdJ NW 'S1HO13H NbVd NVO ® Sim d Zn k LLZ r� �a�m J5 h 3 ° HOtl0039b1S 96Y5 > a o w � � L-1 O LU o > ,D W w 0 a a II a h m - - -- I II I - - i I, r------'-- -- - - _- - -------- ---- ------- - — - — -- I_ - — - — - — - I I � i I � I I I I I I A I I N - _ _ "----:-is I _ II I � I --_ Of I i o L. IU > ------- -- ---- - ---- - - -.- - I o w w Q RI (1 C 9 1N3 W30YNYW 1H01111N1 3Hnl3lllHOIV NW ZA 'S1H�JI3H3H NLIVd HVO ¢ aF l p C, ¢ LU N1111211 D a H3VO339V1S Mg " �z o o E � -ldti °afro a ° 'Foi II —_—_ .. _. _.. LL O M 0 ir CL CL ww Q w U LL LL 0 1N3W3�tlN VW ^ SNOIll31Nl • 3Hf11�311H�Ntl �L a Ho LLJ = \� /,/zj W e° ' Wo ° yYB ifi o5s Hll$ 3 d °8 111 t z zo> a=°WV's 1 z _ a. z LL m 3 s 0 w G� IL cr- I LL w Nq I a: � . I � M a.!2� - � " 1 nh' � �•°.4 � � IIS Krs '�� � I I I I i o— - ------------- Al — — ----- a8�e 4 3aois aem--- §I W I l I I I I i I �---- --- --- - -- Y-�.-' 0'o p°w3a (� u�7 ❑ W `/ILLS) ti0 28TH 'S1H°JI3H E !� J NW N21Vd NVO a Q o o Z i Cf) ���ma ��rosti 0� ` LL °o N11VNi h 3 s a HOd033JV1S 9M ?z �L a Ho LLJ = \� /,/zj W e° ' Wo ° yYB ifi o5s Hll$ 3 d °8 111 t z zo> a=°WV's 1 z _ a. z LL m 3 s 0 w G� IL cr- I LL w Nq I a: � . I � M a.!2� - � " 1 nh' � �•°.4 � � IIS Krs '�� � I I I I i o— - ------------- Al — — ----- a8�e 4 3aois aem--- §I W I l I I I I i I �---- --- --- - -- Y-�.-' 0'o p°w3a (� u�7 ❑ W `/ILLS) 1N3W30VNVW S80IN31NI V3NN1031M ONtl o o3fr�� yew 3 2O !� J �;�tiyOo �a Z$O$S NW 'S1HOGH>INVd VIVO •N"1�tRJt HOV003�JV1S ¢ uPS I "� � a o m Z W Q s - � a z d i W O ap�Wwy 8j ±g BYpT Mg§ WSe FC33 LLJ ,^�hyJl. s LL � of 9 W RM o " Sy N a r U) da 'sm sa oe ammw —F--_ /// —_— _---- wo w - I N / j, / F ja v— ----— 3 I 1 3` O O � Q w w W b W J w -W N u] 1 I N \ �a IN3h3!)VNVW SNDIH31NI 9HnIO3j[HONV 'SIHOOH Z-2 qe NW AlVd AVO - Z 2 Y,!%� N IIVMI HOV 033OVIS 9LI79 -1N3W39VNVW o S40IN31NI ® 3Nnl D311HONV 42e W ® 3 .lk O r I I z �' s � � r e s M 4W Z Wo w f, S l O 90. p i a = v 5 xT,.I L < w ' <- �hv 0 29099 NW 'S1H`J13H Yavd Yvo Hla ON llpbp�AI� HOVO03OV1S O r - oz S z �' s �t O M 4W Z Wo w f, S 'ss O 90. p i a w:. v 5 I ,8 LLI IN3h30VNVW a SNO143INI 3N01D3IIWONV zt2-t23: II I 11 lip!f III U�j Exhibit 2 Storm Water Management Facility Maintenance Requirements [to be attacher!] DEV AGMT - OPH - CROIX 12-28-22 36 of 38 DEV AGMT - OPH - GROIX 12-28-22 37 of 38 C r9 — a ro L >. �. _ y > ro 0 zs +1 L c _ H C 2 Gi Ul 0-0 � � n CL C [Z . W Q% CL a �' � ^ E E •c ° c ci U O c -0 -0 w ca - ._ ru o �. d? NCL � _ ro E _ Q) _ _ ra � � V Y O --O w c-0 00 L Q C >. 0 c a) C v' N C v X C 0 Ln C 9J i C C — C air rJ cn Lj 4J a1 7 0 c E 4J E E Q1 aJ Qj Eto C ro C E 0 ro .� c a s= E U Q C o ra s Z Z-oZ 0 O Z z 2 Z� LJ i y C3' C O DEV AGMT - OPH - GROIX 12-28-22 37 of 38 DEV AGMT - OPH - CROIX 12-28-22 38 of 38 ro- ro � � eco L:10 "Q G ni O Q O O O O W Cu N Q5 01 RIC O 05 © Q® O ,_ >1 - O L >- Q O � L b O >1Q U U t} QJ U U fl_C:L C CL ® w p O " O O L p OU d O O C O CL w d CL Q d 4 CL ® 2 E C /) �+ u} Q m c 1j7 N (6 Q) Q (6 r O % 7 L (� c Z �%.. CL 4 O® U C m CZ r` Q c U U j O Q Ln C y i U CZ Q .., a C -0 � :FE � � �n Q -a aa)j` '" C p•- - cn C2 C O 6 �1 E C aJ ?Z F w m O O CL Z7 U U= O CL m Q U- c OU C O d G/� 'C3 u Q cu C cu a cu V7 CL N Za� cr r>y O N CL [!1 c- Vl 1. W CZ CL X O cU i C2 CL C2 >, - CL cu TS Z3 `O c Q Q Q © Q d? fn 0-0 o U ro w v 0) > C V i' C ` .- - O U V -O Vy` CMZ Cc �! yr G C _ Q) ro U_ c O 41 mO ,2 0- m Q CL m C O Q1 ® v : W �- O == v U CL d DEV AGMT - OPH - CROIX 12-28-22 38 of 38 EXHIBIT A Legal Description of the Property The South 262 feet of the North 494 feet of the East 233 feet of the Northeast'/4 of the Southwest 1/4 of section 3, township 29, range 20, excepting therefrom that part taken for highway All that part of the Northwest quarter of the Southeast quarter of section 3, township 29 North, range 20 West and running thence South 1 degree of 30' East along the centerline of said section 3 for a distance of 234 feet so the point of beginning of the land hereby conveyed; from said point of beginning continuing South on the aforesaid line extended in a straight line to the point where it intersects the West boundary of the Stillwater and Point Douglas road also known as highway 21; running thence Northeasterly along the West boundary of said Stillwater and Point Douglas road to a point where it intersects a line parallel to and 232 feet South of the North line of the Southeast quarter of section 3, township 29 north, range 20; running thence Westerly in a straight line to the point of beginning, being a triangular piece of and adjacent to Easterly of and having as its Northern boundary the extended North boundary of that land