The URL can be used to link to this page

Home My WebLink About2734Doc No T05084078 0\ �� WORDS Certified, filed and/or recorded on 6/10/13 11:29 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 78 Doc Name: Declaration Document Recording Fee Attested Copy or Duplicate Original Document Total Existing Certs 1107950 Pkg ID 983350C $46.00 $2.00 $48.00 New Certs This cover sheet is now a permanent part of the recorded document. I* [maintain 3" top margin] DECLARATION THIS DECLARATION ("Declaration") is made this _ ___ day of - ____, 2013 by LB Edina, LLC, ("Declarant") in favorof the Nine Mile Creek Waters District, a special purpose local unit of government with purposes and powers pursuant to Minnesota Statutes Chapters 103B and 103 D. RECITALS WHEREAS, Declarant is the owner of real property within the City of Edina, Hennepin County, Minnesota, platted and legally described as: Lot 2, Block 7, Yorktown, Hennepin County Minnesota (the "Property") and no one other than Declarant, has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which Nine Mile Creek Watershed District (N MCW D) Permit # 2013-39 applies; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the N MCW D as a condition to issuance of Permit # 2013-39 for the mutual benefit of the N MCW D and the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this that this Declaration shall constitute covenants to run with the Property, and further declares further declares that the Property shall be owned, used, occupied, and conveyed subject to the subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, NMCWD Declaration 5-08 this Declaration, all of which shall be binding on all persons owning or acquiring any right, title any right, title or interest in the Property and their heirs, successors, personal representatives representatives and assigns. 1. Stormwater Facilities. The terms of the Stormwater Facility Maintenance Schedule, attached hereto and incorporated herein as Attachment C, will apply to the stormwater management facilities shown in Attachment A, identified as follows: • Courtyard Infiltration Area • Underground Storage Facility • Raingarden 2. Street Sweeping. All public and community streets, ways and parking areas within the Property, as delineated in Attachment A, shall be swept at least twice each year, in the spring following snowrnelt and in the fall after leaf fall. 3. Swales, Raingardens and Pervious Areas. Swales, raingardens and pervious areas as delineated on Attachment A shall be preserved in perpetuity in a pervious, vegetated state. 4. Violation. Violation of any inspection or maintenance provision is a violation of the N MCW D permit for the project for which the NMCW D may take action against the Declarant and/or property owner. 5. Recitals. The recitals set forth above are expressly incorporated herein. Template NMCWD/5-08 Z Maintenance Declaration IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: By: --moi--- Russell T. L nd, III Chairman, President & CEO STATE OF MINNESOTA )ss. COUNTY OF*.4� ) The foregoing instrume was acknowledged before me this'- day of ------- 20i,�; by�d. Cs . This Instrument Was Drafted By: Template NMCWD/5-08 Maintenance Declaration ■ Manu, t,.,.r' ■ a k. ROBERTA ANN JOHNSON NOTARY PUBLIC -MINNESOTA Ow r,eR 41 i,)�nnisSGn ExprBS Jan, 31, 2014 CONSENT AND SUBORDINATION American United Life Insurance Company, an Indiana corporation, the holder of a Indenture of Mortgage dated June 19, 2003, filed for record in the Office of the Registrar of Titles of Hennepin County, Minnesota on June 20, 2003 as Document No. 3761425, hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, American United Life Insurance Company, an Indiana corporation, has caused this Consent and Subordination to be executed this 1tti_- day of _ dune 2013. American United Life Insurance Company, an Indiana corporation ----- -- -`-�-------------- By: Steven T. Holland Its: Vice President STATE OF INDIANA ) ) SS: COUNTY OF MARION ) On this 74PI day of Ju n e in the year of 2013, before me, j cAleen A. G o , a Notary Public of said State, duly commissioned and sworn, persoonaafly appeared Steven T. Holland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Vice President on behalf of AMERICAN UNITED LIFE INSURANCE COMPANY, an Indiana corporation, the corporation therein, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . 4M Cts — Notary Public (signatu e) printed name =�� ++�My Commission Expires: o9/o5L2o19 Kathleregoryate of IndianaMy County of Residence: JoAnson as 0Mes 09/05/2019 NMCWD 5-08 Consent & Subordination I m M, o= AN0 .rarA O 1I�tl I a arI ,i a. ` P P f Y N 8 m �i�� jj�� 'rn n ! F:111pill! Jif l 111 ii i i t doll 41 Ilia; I z� ��N 1ia�_ N IIII € k$ $ >$ q al€i�R1 = fill. § Z 80l x;J111 ;y a q 8� l � � 11 gill � �� 8�� ig IR lil;im s 7171 F Q i�+UES ANDERSON KM BUILDERS ANDERSON �aao . L.....r� ems... amt+ COMPANIES 4220 PARK GLEN ROAD .:............ U. PIAN ST. LOUIS PARK, IAN 55416 - - �--- Mm 9x' 4/24na ATTACHMENT C STORMWATER MANAGEMENT FACILITY MAINTENANCE SCHEDULE 1. All stormwater retention, detention and treatment basins must be inspected at least once a year to determine that basin retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate .if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. Based on this inspection, if a stormwater basin requires sediment cleanout, the basin will be restored to its original design contours and vegetated state within one year of the inspection date. 2. All grit chambers, sump catch basins, sump manholes, outlet structures, culverts, outfall structures and other stormwater facilities for which maintenance requirements are not otherwise specified herein must be inspected in the spring, summer and fall of each year. Within 30 days of the inspection date, all accumulated sediment and debris must be removed such that each stormwater facility operates as designed and permitted. Contributing drainage areas must be kept clear of litter and vegetative debris, inflow pipes and overflow spillways kept clear, inlet areas kept clean, and undesirable vegetation removed. Erosion impairing the function or integrity of the facilities, if any, will be corrected, and any structural damage impairing or threatening to impair the function of the facilities must be repaired. 3. Volume control facilities and contributing drainage areas must be inspected every three months during the operational period (between spring snowmelt and first substantial snowfall) and monitored after rainfall events of 1 inch or more to ensure that the contributing drainage area is clear of litter and debris, inflow pipes and overflow spillways are clear, inlet areas are clean, undesirable vegetation is removed and there is no erosion impairing or threatening to impair the function of a facility. If sediment has accumulated in a infiltration feature, within 30 days of inspection deposited sediments must be removed, the infiltration capacity of the underlying soils must be restored, and any surface disturbance must be stabilized. Inspection must ensure that sediment traps and forebays are trapping sediment and that more than 50 Template NMCWD/5-08 Declaration attachment C - Stormwater percent of the storage volume remains, the contributing drainage area is stable (i.e., no erosion is observed), and inlets and outlet/overflow spillways are in good conditions with no erosion. Maintenance techniques used must protect the infiltration capacity of the practice by limiting soil compaction to the greatest extent possible (e.g., by using low -impact earth -moving equipment). 4. In addition the applicable requirements above, rain gardens must be kept clean of excess sediment and debris. Healthy plant growth must be maintained in rain gardens by removing dead vegetation in the spring of each year, and the top two to five inches of media must be removed and replaced every three to five years so as not to impede filtration of sediment and oils. 5. Pervious pavers and pervious concrete must be inspected at least once each year after a major storm and otherwise annually; surface openings must be vacuumed in dry weather to remove dry, encrusted sediment as necessary; and broken units that impair the structural integrity of the surface must be replaced. If water stands for an extended period, base materials must be replaced. 6. Underground storage chambers must be inspected at least once a year to ensure that adequate storage capacity remains. Capacity will be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Accumulated debris and sediment will be removed, and inlet and outlet structures will be cleared of any flow impediments. Template NMCWD/5-08 2 Declaration attachment C - Stormwater May 31, 2013 Mr. Kevin D. Bigalke Administrator Nine Mile Creek Watershed District 7710 Computer Avenue, Suite 135 Edina, MN 55435 RE Proposed Byerly's Redevelopment 7171 France Ave Watershed Approval Dear Mr. Bigalke The proposed Byerly's Redevelopment project will fail within the storm water management of the overall Centennial Lakes development. The City of Edina is responsible for the maintenance of the water quality features of this Centennial Lakes system. If you have any questions or need additional information please contact me at 952-8260443 or at whouie@ei.edina.mn.us. Sincerely, Wayne D. Houle, PE: Director of Engineering C: Greg Anderson- Anderson Companies EDINA PUBLIC WORKS & PARK MAINTENANCE FACILITY 7450 Metra Boulevard . Edina, Minnesota 55439 www.EdinaMN.gov • 952-826-0376 • Fax 952-826-0392