Plans - 3746 Sunset Drive - 6/1/20231111111111111111111111
LAND TYPE Abstract (A)
DOC NUM 11160026
Certified, filed and/or recorded on
Nov 4, 2022 9:05 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 130 Pkg ID 2509810C
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
/ DECLARATION
//r� THIS DECLARA ON (Declaration) is made this 3rd day of November 12022, by
U' Restaurants No Limit, eclarant) in favor of the Minnehaha
Creek Watershed District (MCWD), a special purpose local unit of government with purposes and
powers pursuant to Minnesota Statutes Chapters 103B and 103D.
RECITALS
WHEREAS Declarant owns real property within the City of Spring Park, Hennepin County,
Minnesota, platted and legally described as:
LOTS 22 THRU 28 INCLUSIVE, GUST S. JOHNSON'S ADDITION; ALSO THAT PART OF
GOVERNMENT LOT 3 IN SECTION 17, TOWNSI IIP 117, RANGE 23, LYING SOUTH AND
EASTERLY OF WEST ARM OF LAKE MINNETONKA, SOUTH OF THE CHANNEL IN SAID
LOT 3, EAST OF THE EAST LINE OF "SWANSON\'S SUPPLEMENT TO SPRING PARK,
HENNEPIN COUNTY, MINNESOTA AND WEST OF THE WEST LINE OF SHADYWOOD:
EXCEPT HIGHWAY.
(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 MCWD Permit # 22-408
applies; and
WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions
imposed by the MCWD as a condition to issuance of Permit # 22-408 for the mutual benefit of the
MCWD and the owners of the Property.
NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this
Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the
Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall be 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 identified on the scaled site plan for the Property
attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance
with as follows:
1. WATERBODY CROSSINGS & STRUCTURES
a. Crossings and structures in contact with the bed or bank of a waterbody will be inspected
at least once a year and maintained in good repair in perpetuity to ensure continuing
adequate hydraulic and navigational capacity is retained in accordance with approved
plans, to ensure no net increase in the flood stage beyond that achieved by the approved
plans, to prevent adverse effects on water quality, changes to the existing
flowline/gradient and increased scour, erosion or sedimentation, and to minimize the
potential for obstruction of the waterbody.
2. STORMWATER FACILITIES
a. Hydrodynamic Separator: Hydrodynamic separator will be inspected at least annually
and maintained as specified or recommended by the manufacturer and/or installer as
described in Attachment B.
b. Reporting: The Declarant will submit to the MCWD annually a brief written report that
describes stormwater facility maintenance activities performed under this declaration,
including dates, locations of inspections and the maintenance activities performed.
1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for
performance under this Declaration, and the MCWD 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 to
enforce the Declaration.
2. "Property owner" as used in this Declaration means the owner of the property on which is located
the facilities to which the obligations herein apply.
3. 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:
/4�/— _
/� /
(signature)
By: Bill Nacgcle (print name)
Owner (title) of
Restuaruants No Limit. (organization)
//(/2 �-
State of
County of
r
This instrument was acknowledged before me on iG
by t'C))« 1,4rl)
a(type ojauthority. e.g., ofjiver, trustee, etc.)
of X� Mle. (name of partv).
f notarial officer)
JANIS M.
1�!grw"M ENO« Jon 31, 2026
My commission expires:
This Instrument Was Drafted By:
Pierce Pini & Associates
9298 Central Avenue NE, Suite 312
Blaine, MN 55434
LAKE MINNETONKA
NORTH
41�ATTACHMENTW- SITE PLAN
0 Ia as aar
\I/' Attachment B
..NTE H®
ENGINEERED SOLUTIONS
CDs° Inspection and Maintenance Guide
Cis
TE6MJOlOGIES
Maintenance
The CDS system should be inspected at regular intervals and
maintained when necessary to ensure optimum performance.
The rate at which the system collects pollutants will depend more
heavily on site activities than the size of the unit. For example,
unstable soils or heavy winter sanding will cause the grit chamber
to fill more quickly but regular sweeping of paved surfaces will
slow accumulation.
Inspection
Inspection is the key to effective maintenance and is easily
performed. Pollutant transport and deposition may vary from
year to year and regular inspections will help ensure that the
system is cleaned out at the appropriate time. At a minimum,
inspections should be performed twice per year (e.g. spring
and fall) however more frequent inspections may be necessary
in climates where winter sanding operations may lead to rapid
accumulations, or in equipment washdown areas. Installations
should also be inspected more frequently where excessive
amounts of trash are expected.
The visual inspection should ascertain that the system
components are in working order and that there are no
blockages or obstructions in the inlet and separation screen.
The inspection should also quantify the accumulation of
hydrocarbons, trash, and sediment in the system. Measuring
pollutant accumulation can be done with a calibrated dipstick,
tape measure or other measuring instrument. If absorbent
material is used for enhanced removal of hydrocarbons, the level
of discoloration of the sorbent material should also be identified
during inspection. It is useful and often required as part of an
operating permit to keep a record of each inspection. A simple
form for doing so is provided.
Access to the CDS unit is typically achieved through two manhole
access covers. One opening allows for inspection and cleanout
of the separation chamber (cylinder and screen) and isolated
sump. The other allows for inspection and cleanout of sediment
captured and retained outside the screen. For deep units, a
single manhole access point would allows both sump cleanout
and access outside the screen.
The CDS system should be cleaned when the level of sediment
has reached 75% of capacity in the isolated sump or when an
appreciable level of hydrocarbons and trash has accumulated.
If absorbent material is used, it should be replaced when
significant discoloration has occurred. Performance will not be
impacted until 100% of the sump capacity is exceeded however
it is recommended that the system be cleaned prior to that
for easier removal of sediment. The level of sediment is easily
determined by measuring from finished grade down to the
top of the sediment pile. To avoid underestimating the level of
sediment in the chamber, the measuring device must be lowered
to the top of the sediment pile carefully. Particles at the top of
the pile typically offer less resistance to the end of the rod than
consolidated particles toward the bottom of the pile. Once this
measurement is recorded, it should be compared to the as -built
drawing for the unit to determine weather the height of the
sediment pile off the bottom of the sump floor exceeds 75% of
the total height of isolated sump.
Cleaning
Cleaning of a CDS systems should be done during dry weather
conditions when no flow is entering the system. The use of a
vacuum truck is generally the most effective and convenient
method of removing pollutants from the system. Simply remove
the manhole covers and insert the vacuum hose into the sump.
The system should be completely drained down and the sump
fully evacuated of sediment. The area outside the screen should
also be cleaned out if pollutant build-up exists in this area.
In installations where the risk of petroleum spills is small, liquid
contaminants may not accumulate as quickly as sediment.
However, the system should be cleaned out immediately in
the event of an oil or gasoline spill should be cleaned out
immediately. Motor oil and other hydrocarbons that accumulate
on a more routine basis should be removed when an appreciable
layer has been captured. To remove these pollutants, it may
be preferable to use absorbent pads since they are usually less
expensive to dispose than the oil/water emulsion that may be
created by vacuuming the oily layer. Trash and debris can be
netted out to separate it from the other pollutants. The screen
should be power washed to ensure it is free of trash and debris.
Manhole covers should be securely seated following cleaning
activities to prevent leakage of runoff into the system from above
and also to ensure that proper safety precautions have been
followed. Confined space entry procedures need to be followed
if physical access is required. Disposal of all material removed
from the CDS system should be done in accordance with local
regulations. In many jurisdictions, disposal of the sediments may
be handled in the same manner as the disposal of sediments
removed from catch basins or deep sump manholes.
CDS Model
CDS1515
Diameter
3
0.9
Distance from Water Surface
to of Sediment Pile
3.0 0.9
Sediment Storage
0.5
Capacity
0.4
CD52O15
4
1.2
3.0
0.9
0.9
0.7
CDS2O15
5
1.3
3.0
0.9
1.3
1.0
CDS2O20
5
1.3
3.5
1.1
1.3
1.0
CDS2025
5
1.3
4.0
1.2
1.3
1.0
CDS3O2O
6
1.8
4.0
1.2
2.1
1.6
CDS3025
6
1.8
4.0
1.2
2.1
1.6
CDS3O3O
6
1.8
4.6
1.4
2.1
1.6
CDS3O35
6
1.8
5.0
1.5
2.1
1.6
CDS4O3O
8
2.4
4.6
1.4
5.6
4.3
CDS4O40
8
2.4
5.7
1.7
5.6
4.3
CDS4O45
8
2.4
6.2
1.9
5.6
4.3
CDS5640
10
3.0
6.3
1.9
8.7
6.7
CDS5653
10
3.0
7.7
2.3
8.7
6.7
CDS5668
10
3.0
9.3
2.8
8.7
6.7
CD55678
10
3.0
10.3
3.1
8.7
6.7
Table 1: CDS Maintenance Indicators and Sediment Storage Capacities
C=:NTECH'
ENGINEERED SOLUTIONS
800.925.5240
w .ContechES.com
CDS Model:
Location:
Date
Water
depth to
sediment'
Floatable
Layer
Thickness'
Describe
Maintenance
Performed
Maintenance
Personnel
Comments
The water depth to sediment is determined by taking two measurements with a stadia rod: one measurement from the manhole opening to the
top of the sediment pile and the other from the manhole opening to the water surface. If the difference between these measurements is less
than the values listed in table 1 the system should be cleaned out. Note: to avoid underestimating the volume of sediment in the chamber,
the measuring device must be carefully lowered to the top of the sediment pile.
For optimum performance, the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. In
the event of an oil spill, the system should be cleaned immediately.
CDS Maintenance Guide - 7/18 (PDF)