Maintenance Agreement Lot 2 - DRAFT
[maintain 4" top margin]
DECLARATION
THIS DECLARATION is made this ______ day of ___________, 20__, by
__________________ , [description] (Declarant), in favor of the Riley Purgatory Bluff
Creek Watershed District, a governmental subdivision of the State of Minnesota
with purposes and powers pursuant to Minnesota Statutes chapters 103B and
103D (RPBCWD).
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
Chanhassen, Carver County, Minnesota, platted and legally described as:
Block 1 Lot 2, Eagle Bluff Plat
(the Property) and no one other than Declarant and [NAME(S) HERE], has any
right, title or legal interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which
RPBCWD permit # 2021-051 applies; and
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WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions related to maintenance of facilities and site conditions required
by the RPBCWD as a condition of issuance of permit no. 2021-051 for the
mutual benefit of the RPBCWD and Declarant.
NOW, THEREFORE, Declarant makes this declaration and hereby declares
that this declaration constitutes covenants to run with the Property in
perpetuity, and is binding on all persons owning or acquiring any right, title or
interest in the Property and their heirs, successors, personal representatives and
assigns. All features requiring maintenance as specified below and on the scaled
site plan for the Property attached hereto and incorporated herein as Exhibit A
will be maintained in perpetuity as follows:
1. BUFFER AREAS
a. Buffer vegetation must not be cultivated, cropped, pastured,
mowed, fertilized, subject to the placement of mulch or yard
waste, or otherwise disturbed, except for periodic cutting or
burning that promotes the health of the buffer, actions to address
disease or invasive species, mowing for purposes of public safety,
temporary disturbance for placement or repair of buried utilities,
or other actions to maintain or improve buffer quality and
performance, each as approved by the District in advance in
writing or when implemented pursuant to a written maintenance
plan approved by the District.
b. Diseased, noxious, invasive or otherwise hazardous trees or
vegetation may be selectively removed from buffer areas and trees
may be selectively pruned to maintain health.
c. Pesticides and herbicides may be used in accordance with
Minnesota Department of Agriculture rules and guidelines.
d. No fill, debris or other material will be placed within a buffer.
e. No structure or impervious cover (hard surface) may be created
within a buffer area beyond that shown in the scaled site plan
attached to this declaration as Exhibit A.
f. Permanent wetland buffer monuments will be maintained in the
locations shown on the approved site plan attached as Exhibit A.
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Language shall indicate the purpose of the buffer, restrictions and
the name and website address of the Riley Purgatory Bluff Creek
Watershed District.
2. STORMWATER FACILITIES
a. Infiltration basin. Infiltration basin will be inspected annually to ensure
continued live storage capacity at or above the design volume. Invasive
vegetation, excess sediment and debris will be removed as needed and
healthy plant growth will be maintained to ensure that the facilities
continue to perform per design.
3. Written Report. Property owner will submit to the RPBCWD annually a
brief written report that describes the maintenance activities performed
under this Declaration, including dates, locations of inspections and the
maintenance activities performed.
4. Violation. The RPBCWD may seek any remedy in law or equity against the
Declarant as long as the Declarant owns the Property and thereafter
against the Property Owner for a violation of this declaration. “Property
Owner” as used in this declaration means the owner of the Property or a
lot or outlot of record within the Property to which a maintenance
obligation herein applies.
5. Recitals. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day
and year first set forth.
DECLARANT:
By:______________________________
[name, and company and representative
capacity, if applicable]
By:______________________________
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[name, and company and representative
capacity, if applicable]
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, 20__, by ____________________________[, as
________________________ of ____________________________________].
____________________________________
Notary Public
This instrument was drafted by:
RPBCWD Consent & Subordination template
CONSENT AND SUBORDINATION
________________, a Minnesota corporation, the holder of a [type of
security or other legal interest in the property] dated ____________, 20__, filed
for record with the County [Recorder/Registrar] of [Hennepin/Carver] County,
Minnesota on ______________, _____ as Document No. ____________, hereby
consents to the recording of the attached declaration and agrees that its rights
in the property affected by the declaration will be subordinated thereto.
IN WITNESS WHEREOF, __________, a Minnesota corporation, has caused
this consent and subordination to be executed this ______ day of _________,
20___.
_________________________
a Minnesota corporation
By:___________________________________
Its:___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, 20__, by ____________________________, as
________________________ of ____________________________________.
____________________________________
Notary Public
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BLOCK 1
WETLAND
EXHIBIT A
CHANHASSEN, MN