HomeMy WebLinkAbout2020-03-09 WC Recorded Document #4233599 - Stormwater Management Facilities Declaration & Easement AgreementDrafted by/Return To:
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
STORMWATER MANAGEMENT FACILITIES
DECLARATION AND EASEMENT AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES DECLARATION AND
EASEMENT AGREEMENT is made and given on August 15, 2018 by Creative Home
Construction Investments, LLC ("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 Palmer Station, 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 a homeowners'
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.
456312v1 CLL MD165-1
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 Miller Excavating.
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. The Owner shall cause a homeowners' association ("HOA") to be
formed to undertake and pay for all obligations herein upon completion
of the development of the Property, shall cause the HOA to be assigned
and undertake responsibility for all obligations and covenants herein,
and Owner and the HOA 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 HOA, that the
individual future property owners of the Property shall be responsible
to undertake the obligations herein.
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.
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
456312v1 CLL MD165-1 2
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
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.
456312v1 CLL MD165-1 3
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.
STATE OF MINNESOTA )
ss.
COUNTY OF —"0%
Creative Home Construction
Investments, LLC
rbc si . <B
By: -
Its: 1cx-g AA
t'4c�rp'p"'e PUBLIC
The foregoing instrument was acknowledged before me this
201 , by 6014 &My te- , the
GrEjZV L-� 4,W , on behalf of
Notary Pub c
456312v1 CLL MD165-1 4
City of Oak Park .eights
By:
Its:"
t
STATE OF MINNESOTA )
) ss.
COUNTY OF tzm )
The foregoing instrument was acknowledged before me this day of� ,
2070, bythe of
k- rt,;— f t � on behalf of C)Q_
ESQ.
JENNIFER M. PINSKITARY PUBLIC - MINNESOTA
Nothy Public PMMMiOn Expires Jan. 31, 2012
Mi(
Ma
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OFm�r )
The foregoing instrument was acknowledged before me this 19-0' day of oy ,
2019, by the � of
1e- on behalf of R e �e 4-, Cf0;WMC%
w
ovary Public
For City use only:
Planning File #
Date of Council approval
456312v1 CLLMD165-1
e+�� SHARI LAR:22p3a]
q%' Notary Pu
State of Min
My Commissio
0 January 31,
Exhibit "A"
Lots I through 13, inclusive, Block 1; Palmer Station, according to the mcordied plat thereof,
WaAiington County, Minncsota.
PALMER STATION
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OAKCREEN AVE. IV.
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EXHIBIT B
Stormwater Manay;ement Facilities Approved Plans
SEE APPROVED PLANS ATTACHED
456312vl CLL MD165-1 B_1
CITY OF OAK PARK HEIGHTS
14168 OAK PARK BLVfk N. #2007
OAK PARK HEIGHTS, MN 55082-2007
(651) 351-1661 FAX: (651) 439-0574
ADDRESS 5625 OAKGREEN AVE N
PIN 04.029.20.23.0063
LEGAL DESC N/A
LOT 0 BLOCK 0
PERMIT TYPE BUILDING
PROPERTY TYPE SINGLE FA M I LY - NEW CONSTRUCTION
CONSTRUCTION TYPE GRADING
1111111111111111111111111111111
ISSUED: 08/31/2018
VALUATION : S 106,000.00
PERMIT IS [SSl ) ' F
FI) OR SITE GRADING IN PREPARATION FOR 13 SINGLE FAMILY DEVELOPMENTT1-0 BE KNOWN AS
PALMER STATION. WORK SHALL BE PER I'VIN CODE. LOCAL ORDINANCE. CONTRACTI.. !AL AGREEMENT AND IN' ACCORDANCE
WITH APPROV17D "FINAL GRADING PERMIT PLAN SETS -31-18 AS ISSUED BY CITY" AND AFTACI-frD. NOTE: MIDDLE ST, CROIX
WATERS] IED NIANAGI--,MF,.N'I'OIZGAMZA:I'ION PERMITS REQUIRED PRIOR TO PROJECT COMMENCEMENT.
CUBIC YARDS 6700
APPLICANT
MILLER EXCAVATING, INC.
3636 STAGECOACH TRL. N.
STILLWATER,IMN 55082-
(6-5 1) 439-1637
Minnesota State License 9: 9363164
OWNER
CREATIVE HOME CONSTRUCTION, INVESTMENTS
LLC
707 COMMERCE DR
STE 410
WOODBURY, MN 5 5 1 25-0000
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed
according to: (1) the conditions of this permit; (2) the
approval plans and specifications; (3) the applicable city
approvals, Ordinances, and Codes; and, (4) the State Building
Code, This permit is for only the work described, and does
not - : rant permission for additional or related work which
requires separate permits. This permit will expire and become
null and void if work is not started within 180 days, or if work
is suspended or abandoned for a period of 180 days any time
after work has commenced. The applicant is responsible for
assuring all required inspections are requested in conformance
with the Minnesota State Building Code,
GRADING PERMIT FEE. 281.50
STATE SURCHARGE -BUILDING 53.00
TOTAL 334.50
Payment(s)
CHECK 1430
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
334.50
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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
4563120 CLL MD165-1 C-1
CONSENT
The undersigned Mortgagee of the real estate described in the attached instrument
pursuant to the Mortgage recorded as Document No. y 13� 7 7 3, in the office of the
Washington County , A41AING' 5 ®'T�Q- , 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.
STATE OF MINNESOTA )
ss.
COUNTY OF�r��
Lake Elmo Bank
By
Its: Vice President
L®Ri p. DORINEILER
w e Notary Public -Minnesota
My commission Expires Jen 31, 2025
The foregoing instrument was acknowledged before me this / day of /11 vid,
by ��d� the _ GAP f ��i of
on behalf of the corporation.
��
Wo tar Public
456312v1 CLL MD 165-1