Loading...
A789383 Stormwater Wetland Buffer - Maintenance AgreementDocument Number: A789383 Filed and/or Recorded on Aug 4, 2025 2:57 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: Custom Home Builders Title, LLC Pages: 12 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document STORMWATER WETLAND BUFFER - MAINTENANCE AGREEMENT Storm Water Wetland Buffer — Pleasant View Pointe THIS AGREEMENT is made and entered into as of the' day of , � ,/ , 2025, by and between Rachel Development, INC, a Minnesota corporation, hereinafter referred to as the "Owner" and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the "City". RECITALS A. The Owner is the owner of certain real property located in Carver County, Minnesota, legally described as follows: Lots 3, 4, S, 6, and 7, Block 1, Pleasant View Pointe, Carver County, MN ("Property"); and B. The Owner is proposing construction and implementation of a City maintained Storm Water Wetland (Best Management Practice) BMP system within the Property; and C. The submitted permit application, hereinafter called the "Plans", which are expressly made a part hereof, as approved by the City, provides for filtration of stormwater within the confines of the Property within a storm water wetland; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Chanhassen, Minnesota, require that on -site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that on -site Storm Water Wetland Buffer ("Stormwater Facilities Buffer") as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final plan approval; and F. The Owner is required to enter into this Agreement as a condition of final plan approval and grant to the City a license to enter the Property to inspect and, if necessary, complete work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plan. 218524v5 4478785.v4 2. Maintenance of Stormwater Wetland Buffer. A. The Owner shall adequately maintain the Stormwater Facilities Buffer in accordance with the standards outlined in Exhibit A. B. The Owner will perform the work necessary to keep the Stormwater Facilities Buffer in compliance with the maintenance goals outlined in Exhibit A 3. Inspection and Reporting. The Owner shall inspect the Stormwater Facilities Buffer and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to monitor the amount and quality of the buffer vegetation. The inspection shall cover the entire buffer. Deficiencies shall be noted in the inspection report set forth in Exhibit A. 4. City Access and Maintenance Rights. A. The Owner hereby grants a license to the City, its authorized agents and employees, to enter upon the Property to inspect the Stormwater Facilities Buffer whenever the City deems necessary as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14) days prior to entry. The City shall provide the Owner, copies of the inspection findings and a directive to commence with the repairs if necessary ("Inspection Report"). B. In the event the Owner fails to maintain the Stormwater Facilities Buffer, and such lack of maintenance continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment_, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City's costs to the Owner's property taxes, to the Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and the consequences there from the Stormwater Facilities. The Owner shall defend and hold the City harmless from any such third -party claim, except to the extent of the City's or its agents', contractors' or employees' negligence or willful misconduct. 5. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner's agents' or employees' negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to 218524v5 4478785.v4 any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of the City's or its agents', contractors' or employees' negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives from any cost, damage or harm, except to the extent resulting from the City's or its agents', or employees' negligent acts in the performance of the Owner's required work under this Agreement. Failure to perform any of the Owner's required work shall not be considered negligence by the City, its employees, agents or representatives. 7. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Rachel Development, Inc. Attention: Paul Robinson 4180 Napier Court NE St. Michael, MN 55376 To the City: City of Chanhassen Attention: Water Resources Engineer 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 8. Successors/Covenants Run With the Property. The terms and conditions of this Agreement shall run with the Property. All duties and obligations of Owner under this Agreement shall be duties and obligations of Owner's successors and assigns, jointly and severally. Notwithstanding the foregoing, in connection with the development of the Property, a declaration will be recorded against the Property that will establish a homeowner's association to govern certain matters relating to the Property under the terms of such declaration which shall include the obligation of the homeowner's association to comply with the terms of this Agreement. Effective upon the recording of the declaration against the Property, such association, as Owner's assign hereunder, shall thereafter become the responsible party hereto. 9. Covenants Run with Property. The terms and conditions of this Agreement shall run with the Property and shall be binding upon future owners of the Property. [Remainder ofpage intentionally left blank. Signature page follows.] 218524v5 4478785_v4 OWNER: Rachel Developmen Inc., a Minnesota corpor tion By: David Stradtman Its: Vice President of Development STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this V day of JLLL, 2025, by David Stradtman, the Vice President of Development of Rachel Development, Inc., a Minnesota corporation, on behalf of said entity. tW ANDREA LEIGH SMITH NOTARY PUBLIC - MINNESOTA F My Commission Expires January 31, 2026 NoearyVublic 2185245 4478785.v4 CITY: CITY OF CHANHASSEN By: ' -'t lase Ryan, May 4 .r STATE OF MINNESOTA )ss. COUNTY OF CARVER By: 4V Laurie Hokkanen, City Manager The foregoing instrument was acknowledged before me this A day of (/d , 20?�, by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public JENNIFER ANN POTTER Notary Public -Minnesota c-Minnesota My commission Expires Jan 31, 2027 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 218524v5 4478785.v4 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Maintenance of Stormwater Facility Buffer The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the stormwater facility as depicted and attached hereto, utilizing the stormwater facility maintenance inspection checklist, attached hereto, and shall make any repairs to the stormwater facility necessary for its intended design and function, as determined by the City's Water Resources Engineer for the remaining life of the Stormwater Facility Buffer. The following outlines the general parameters to evaluate the ongoing compliance of the buffer. 1. Installation a. Initial and remedial planting of native vegetation should be completed and continued as needed and as shown in the approved plans. At a minimum using the following BWSR native seed mixes or equivalent. i. Where appropriate, BWSR seed mix 33-261 (Pond Side Slope) or between the NWL and HWL of the pond. ii. Where appropriate, BWSR seed mix 35-242 (Mesic Prairie General) or similar within buffer areas above the HWL of the pond. iii. Where applicable, seeded areas shall be mulched with MN/DOT Type 3 (MICA certified weed free grain straw) mulch at a rate of 2 tons per acre and the mulch shall be anchored with a disc or tackifier or hydroseeded as approved by City staff 2. Maintenance - Initial Establishment 1-3 years a. Keep erosion control in place until initial stabilization. b. Provide for 3 years of maintenance post installation, including but is not limited to: i. Mowing, where possible two times during the first growing season and before September 30 to a height of approximately 4 to 6 inches. ii. Mowing to a height of 6 to 8 inches between June 1 and July 15 to allow for light penetration to seed species and prevent seed set on weedy species where possible during the following growing seasons. iii. Spot Spraying invasive species in the disturbed/seeded buffers areas twice annually. iv. Bi-Annual mowing for weed control and or use of fire if possible based on proximity to homes, wind, or other conditions that will not allow for mowing. 3. Maintenance — Ongoing to be completed by Homeowner's Association a. Annually inspecting and monitoring the storm water wetland and adjacent buffer and developing a plan of action to maintain a healthy permanent vegetation. This may include: i. Annually spot spraying as needed control invasive species (Narrow leaf cattail if established will not be controlled). ii. Mowing as needed to promote the growth of native species. in. Seeding any areas if disturbed or not established after the initial three years. 218524v5 4478785.v4 4. Performance Goals a. All vegetated areas have at least 90% vegetative cover. b. Vegetative cover should have at least 50-70% cover by native species. c. Noxious weeds and invasive species should not exceed 20% cover. 218524v5 4478785.v4 Stormwater Facility Maintenance Inspection Checklist Inspection Date: Property Name: Block 1, Pleasant View Pointe City: Chanhassen State (initials): MN Owner Name: (If applicable) Owner Change Since Last Inspected? Email Address: Site Conditions: Time: A.M. / P.M. Address: Storm Water Buffer area within lots 5,6,7 Zip Code: 55317 Y/N Phone Number: Rainfall in Last 24-48 Hours? Y / N *Inspection Frequency Key: A = annual (required); Q = quarterly (recommended); S = post -storm event (recommended); M = monthly *Maintenance Key: x = Needs immediate attention; ✓ = O.K.; N/A = Not Applicable; ? = Clarification Needed BMP Functionality Check that buffer is trash/ debris -free. Q Corrective action: If not, remove any trash/debris immediately upon discovery. Make sure there is adequate vegetation as called Q for in the plan. See performance goals in Exhibit A and location and mix in Exhibit B. Corrective Action: If lacking adequate vegetation re -seed as required. Basin can be mowed and maintained with surrounding turf. Verify that there is no noxious vegetation. See Q performance goals in this Exhibit A. See Minnesota Department of Agriculture for full list of noxious weeds. Corrective action: If noxious vegetation exists, Control and/or remove any noxious vegetation as provided for in the guidance by the Minnesota Department of Agriculture and vegetate per plan. 218524v5 4478785.v4 Adjacent Area Check for adequate adjacent vegetation cover. Q Surrounding area shall be vegetated per plan. See Exhibit B. Corrective Action: If lacking sufficient vegetation re-seed/sod as required per plan. Make sure berm(s) have integrity: no sediment Q erosion and have not washed out. Corrective Action: If lacking integrity or are eroding re-grade/shape per plan. Additional Comments: Inspector Name (Print): Inspector Signature: Estimated Date of Next Inspection: _ / / Submit Inspection Report yearly to the City of Chanhassen Engineering Department. Attention to Joe Seidl, Water Resources Engineer. jseidl@chanhassen.gov 218524v5 4478785.v4 EXHIBIT ' 1' f D 1: FEI¢ CocaOon: XYa000320-00;001'-.30 ExhibsW'kO&rytFlltra9 On Trench - trig Platted By: Tyler Stnche2 an July 2. 2025 at 10:5a:51 AM 218524v5 4478785.v4 MORTGAGE HOLDER CONSENT TO STORMWATER MAINTENANCE AGREEMENT Tradition Capital Bank, a Minnesota banking corporation which holds a Mortgage on all or part of the Property more particularly described in the foregoing Stormwater Maintenance Agreement, which Mortgage is dated May 15, 2025 and recorded May 16, 2025 as Document No. A786274 with the offices of the Carver County Recorder/Registrar of Titles, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Stormwater Maintenance Agreement. Tradition Capital Bank, a Minnesota banking corporation By: lake Schoenberg Its Vice President STATE OF MINNESOTA ) ( ss. COUNTY OF 'Z,,, s ) The foregoing instrument was acknowledged before me this 2S day of �y , 2025 by Jake Schoenberg, the Vice President of Tradition Capital Bank a Minne tos a banking corporation, on behalf of said entity. 4466ary Public JON A FISHER isNOTARY PUBLIC STATE OF MIINNESOTA My Commission Expires Jan. 31, 2030 owq DRAFTED BY: CAMPBELL KNUTSON, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 2185245 4478785.v4