Correspondence - 4100 Spring Street - 6/1/2023Doc No 8600098 06/16/2005 02:15 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy 5 TranslD 120584
Fees
$15.00 DOC
$4.50 SUR
$1.00 COPY
$10.00 NS
$30.50 Total
SUPERSEDING DECLARATION
3 THIS SUPERSEDING DECLARATION is made this ,✓ � day of
� - , 2005, by The Mist Lofts, LLC, a Minnesota Limited Liability in favor of
the Minnehaha Creek Watershed District ("District"), a political subdivision with powers
pursuant to Minnesota Statutes Chapters 103B and 103D.
RECITALS
WHEREAS, Declarant is the owner of real property within the City of Spring
Park, Hennepin County, Minnesota, platted and legally described as:
(Attachment A)
(the "Property") and no one other than Declarant and Richter -Schroeder Company, Inc. a
Wisconsin corporation executing declaration of Consent and Subordination has any right,
title or interest in the Property; and
WHEREAS, the Property constitutes a part of the land to which District Permit
04-655 applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions imposed by the District as a condition to issuance of Permit 04-655 for the
mutual benefit of the District and the owners of the Property; and
NOW, THEREFORE, Declarant makes this Declaration and hereby declares
that this Superseding Declaration constitutes 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 Superseding 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.
1. Street Sweeping. All public ways within the Property will be swept at
least twice each year, in the spring following snowmelt and in the fall after leaf fall.
2. Stormwater Facility Maintenance. The terms of Attachment D,
incorporated herein, shall apply to the stormwater management facilities indicated on the
site plan for the Property attached hereto and incorporated herein as on Attachment
B and C, identified as follows:
(Storm Ceptor System)
4. Recitals. The recitals set forth above are expressly incorporated herein.
5. Supersedes Prior Declaration. This Superseding Declaration supersedes
and replaces the Declaration filed with the Hennepin County Office of the Recorder on
May 20, 2005 as Document Number 8586465, and filed of record May 20, 2005 as
Document Z///&59t in the Office of the Registrar of Titles which did not conform to the
requirements of District Permit 04-655 and shall be of no further force.
IN WITNESS WHEREOF, the undersigned have executed this instrument the
day and year first set forth.
Declarant:
The Mist
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before th' day of
11 n 2005, by r w 5f.�er e rst fts, LLC, a
M�i'nnneeso�ta Limited Liability Company on behalf of the Company.
C.Notary PublicAM
i•a'E
uorun�eue•
rP t70Y11S40N F1tP� iR11mOB
This instrument was drafted by:
Minnehaha Creek Watershed District
18202 Minnetonka Blvd.
Deephaven, MN 55391
2
MINNEHAHA CREEK WATERSHED DISTRI T
B.
Er' enson, inistrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
QThe foregoing instrument was acknowledged before me this /teday of
l�2005, by Eric Evenson as Administrator, Minnehaha Creek
W ershed District.
NOTAW ptoic-MME80TA
w owmim . eon JM. at, tom
Minnehaha Watershed District
18202 Minnetonka Blvd.
Deephaven, MN 55391
CONSENT AND SUBORDINATION
Richter -Schroeder Company, Inc., a Wisconsin corporation, the holder of a
mortgage dated June 14, 2005, filed for record with the County Recorder in and for
Hennepin County, Minnesota on June 15, 2005, as Document No. , and with the
Registrar of Titles in and for Hennepin County, Minnesota on June 15, 2005 as
Document No. 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, Richter -Schroeder, Company, Inc., a Wisconsin
corporation, has caused this Consent and Subordination to be executed this 15�' day of
nt-. 200,5
RICHTER-SCHROEDER COMPANY, INC
a Wisconsin corporation _
By: r t l /
argaret berg
Its: V 1 u Phf.S ; d CA-�-
STATE OF WISCONSIN )
) ss.
MILWAUKEE COUNTY )
On the of June, 2005, before me, the undersigned, a Notary Public in and
for the State of Wisconsin, personally appeared Margaret Jaberg, a Vice -President of
RICHTER-SCHROEDER COMPANY, INC., to me known to be the person named in
and who executed the foregoing instrument, and acknowledged that she executed the
same on behalf of said corporation.
Beall
<n%%OTAR).
Name: )/ (H T • % tv-iv 6Notary Public in and for the State of Wisconsin
Milwaukee County
My Commission expires: N1YComm.E)PIr= YHQ/2008
OF
Attachment A
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That part of Lot 6 lying West of the following described line: Commencing at the
Northeast corner of said Lot; thence West along the North line of said Lot a distance
of 22.1 feet to the point of beginning of the line to be described; thence to the left at
an angle of 90 degrees 04 minutes to the South line of said Lot 6 and there
terminating;
Lots 7 and 8,
Block 3, "Streater's Spring Park Addition" Hennepin County, Minnesota.
Together with the right of access to Lake Minnetonka over and across Outlot D,
"Streater's Spring Park Addition" Hennepin County, Minnesota, together with the
right to erect, maintain and use docks and boat landings along the Easterly 650 feet of
shoreline of said Outlot "D", subject to the approval of the County Board of Hennepin
County, Minnesota, Torrens Document No. 244369, see Order Document No.
3946449.
Together with those portions of vacated Del Otero Avenue accruing thereto.
(Torrens Certificate No. 1151601)
Parcel 2:
Lots 9 and 10, Block 3,
Lots 8 and 9, Block 5,
That part of adjoining vacated Del Otero Avenue shown on the plat of "Streater's
Spring Park Addition" lying North of the extension across it of the South line of said
Lot 10, Block 3,
All in "Streater's Spring Park Addition", Hennepin County, Minnesota.
Together with the right of access to Lake Minnetonka over and across Outlot D,
"Streater's Spring Park Addition" Hennepin County, Minnesota, together with the
right to erect, maintain and use docks and boat landings along the Easterly 650 feet of
shoreline of said Outlot "D", subject to the approval of the County Board of Hennepin
County, Minnesota, Torrens Document No. 244369, see Order Document No.
3946449.
Together with those portions of vacated Del Otero Avenue accruing thereto.
(Torrens Certificate No. 1151602)
Parcel 3:
That part of Government Lot 8 of Section 17, Township 117 North, Range 23 West,
and that part of Government Lot 6, Section 18, Township 117 North, Range 23 West
of the 5th Principal Meridian, Hennepin County, Minnesota described as follows:
Commencing at the intersection of the Southerly right-of-way line of County
Highway No. 15, as delineated in Hennepin County State Aid Highway No. 15,
Plat 68, and the line between said Sections 17 and 18; thence on an assumed
bearing of South 01 degrees 31 minutes 27 seconds West along said line between
said Sections 17 and 18 a distance of 8.52 feet to the meander comer on line
between said Sections 17 and 18; thence North 01 degrees 31 minutes 27 seconds
East, along the line between said sections, a distance of 414.04 feet to the point of
beginning, said point being on the Southerly right-of-way line of the Dakota Rail,
Inc. railroad right-of-way; thence Westerly along said right-of-way line, being a
non -tangential curve concave to the North having a radius of 2,964.93 feet, a
central angle of 01 degrees 40 minutes 41 seconds, and a chord bearing of North
87 degrees 07 minutes 49 seconds West a distance of 86.84 feet; thence North 86
degrees 17 minutes 28 seconds West a distance of 167.04 feet to the Easterly
right-of-way line of County Road No. 51; thence North 43 degrees 28 minutes 41
seconds East along said right-of-way line a distance of 10.39 feet; thence
continuing along said right-of-way line on a bearing of North 40 degrees 59
minutes 52 seconds East a distance of 65.55 feet to a line parallel with and 8.50
feet Southerly of, as measured at a right angle, the center line of the spur track
lying within the Dakota Rail, Inc. railroad right-of-way; thence North 89 degrees
38 minutes 19 seconds East along said parallel line a distance of 205.22 feet to a
point on the line between said Sections 17 and 18; thence continuing North 89
degrees 38 minutes 19 seconds East a distance of 44.07 feet to a line parallel with
and 75.00 feet Northerly of, as measured at right angles, said Southerly right-of-
way line of Dakota Rail, Inc.; thence Easterly along a non -tangential curve
concave to the North having a radius of 2,889.93 feet, a central angle of 4 degrees
36 minutes 16 seconds, and a chord bearing of North 88 degrees 52 minutes 06
seconds East, a distance of 232.19 feet; thence South 38 degrees 28 minutes 47
seconds West a distance of 99.80 feet to said Southerly right-of-way line of
Dakota Rail, Inc.; thence Westerly along said right-of-way line being anon -
tangential curve concave to the North having a radius of 2,964.93 feet, a central
angle of 04 degrees 10 minutes 35 seconds and a chord bearing of South 89
degrees 56 minutes 33 seconds West a distance of 216.12 feet to the point of
beginning.
(Abstract)
Parcel 4:
Those parts of abandoned County Road No. 51, Sunset Drive, Shoreline Drive,
Spring Street, and Outlots B and C in the plat of Streater's Spring Park Addition,
Hennepin County, Minnesota, and those parts of Government Lot 6, Section 18,
Township 117, Range 23, lying Southerly, Southwesterly and Westerly of Lots 6, 7,
8, 9, and 10, Block 3, of said Streater's Spring Park Addition and lying Easterly,
Northeasterly and Northerly of the following described line;
Beginning at the Northwest corner of said Lot 10, Block 3, Streater's Spring Park
Addition; thence South 44 degrees 05 minutes 37 seconds West, assumed bearing,
along the Northwesterly line of said Lot 10 a distance of 40.00 feet; thence
Southwesterly a distance of 90.63 feet along a non -tangential curve concave to the
Southeast, said curve has a radius of 142.32 feet, a central angle of 36 degrees 29
minutes 04 seconds, and a chord that bears South 25 degrees 55 minutes 06
seconds West; thence South 29 degrees 23 minutes 01 seconds West, not tangent
to last described curve, a distance of 9.84 feet; thence Southwesterly, a distance of
120.74 feet along a non -tangential curve concave to the Southeast, said curve has
a radius of 1,611.64 feet, a central angle of 04 degrees 17 minutes 33 seconds, and
a chord that bears South 17 degrees 40 minutes 02 seconds West to a point of
compound curvature; thence Southeasterly, a distance of 55.97 feet along a curve
concave to the Northeast, said curve has a radius of 34.00 feet, a central angle of
94 degrees 19 minutes 16 seconds, and a chord that bears South 31 degrees 38
minutes 22 seconds East; thence South 78 degrees 48 minutes 00 seconds East,
tangent to last described curve, a distance of 112.43 feet, to the Southwesterly line
of said Lot 6, Block 3, Streater's Spring Park Addition and there terminating.
(Abstract)
Note: Parcel designations are for convenience of reference only and do not constitute an
integral part of the legal description.
UGI`22-2004 FRI 03:15 Pit ELK RIVER COPICRETE FAX 10. 7635458399
P. 02 1.
106'e C°* —,
86-0
I INLET
PAN
(FEE AND COVER NOT SHOWN FOR CLARIrY)
72' r 8' COVER
1.97 TONS
Stormceptor"
INSERT
VARIABLE
INLET
_
IR
16" g.l?
16
24.0 DROP '
2.8' EXT. BASE
OUTLET PIPE ''
5.66 TONS
6 0 ORIFICEPIATE •�
0
1210 DROP TEE
INLET PIPE
-106"0 EXTENDED BASE -•--
SECTION
STC 900
PRECAST CONCRETE Stormceptor"
RaEASEo FOR FABRianau
�L* 1-(,e 7--
1. Stormceptor° SECRONS SHALL
CONFORM TO ASTM C 478, 0-RING
GASKETED JOINTS SHALL CONFORM TO
ASTM C 443. GASKETS SHALL BE NEOPRENE.
2. MANHOLE STEPS PROVIDED ABOVE
INSERT 0 W O.C. AND SHALL BE
COPOLYMER POLYPROPYLENE
PLASTIC ENCAPSULATED GR. 60 STEEL
3.MINIMUM CONCRETE STRENGTH
GRADE ADJUSTERS TO Pc= 4.000 PSI
SUIT FlNDJUS GRADE MINIMUM STEEL STRENGTH
fy= 60.000 PSI
4. REINFORCEMENT DESIGN SHALL
MEET ASTM C 478.
7" 5. FLEXIBLE PIPE CONNECTORS
SHALL MEET ASTM C 923,
6.0 OIL CLEANDUr 6. HANDLING:
OUTLET A. ALL RISERS SHALL HAVE 2 EA
2 1/4" x 3 1/2" HOLES FOR LIFTING
0 1/3 WAY DOWN FROM TONGUE.
B. ALL BASE SLABS, COVERS, AND
FLEXIBLE WATERTIGHT REDUCERS TO HAVE LIFT HOOKS
BOOTS (WHERE APPLICABLE)
7.DESICNED FOR AASHTO HS-25 LOADING.
8. FIBERGLASS Stormceptor 10 INSERT.
REFERENCE DRAWING NO, STC-DISC
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DELK RIVER CO - OTL
MAPLE GROVE, MINNESOTA (763) 545-7473
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02 05 OM1
STC900
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LEGEND
DENOTES BOUNDARY W9E
_ - _ _ - -----
DENOTES ORNNAGE/U TY EASEMENT
DENOTES EXISTING STORM SEWER
DENOTES EXISTNG SANITARY SEWER
_-------
DENOTES EXISTING WATER MAN
DENOTES EXISTING Unutt TO BE ABANDONED
--I( X k—X—X-4
DENOTES EXISTING UnUTY TO BE REMOVED
DENOTES EXISTING CURB TO BE REMOVED
DENOTES EXISTING BUi DING
L....•rYYRX'SCJI-�
DENOTES EXISTING BUILDING TO BE REMOVED
DENOTES EXISTING SANITARY MANHOLE
.,j.
DENOTES EXISTING HYDRANT
tD O
DENOTES EXISTING STORM UATNOLE/CB
DENOTES EXISTING BITUMINOUS TO BE REMOVED
!
DENOTES EXISTING CONCRETE TO BE REMOVED
/1�
DENOTES EXISTING TREE TO BE REMOVED
REMOVAL NOTES:
T THIS
E USED AS A
CENERALLIREMOVAL GUIDETION PLAN TO . CONTRACTOR IS
RESPONSIBLE FOR FIELD VERIFICATION AND
AREMOVAL NY OTHER ALL OBJECTBITUMINOUS,NOT SPECIFICALLY
AND
CONTACTPROUT JECTPROJECTNTHE ENGNEER IF ANY
BOUNDARY.
ANY
SIGNIFICANT DISCREPANCIES OR VARIATIONS
ARE PRESENT.
NATE REMOVAL OF
2 CONTRACTOR ELECTRIC, GAS AND PHONE UTILITIES WITH
THE PROPER COMPANY.
WARNING
THE CONTRACTOR SHALL CONTACT ALL PUBUC UTIUTIES
FOR LOCATIONS OF ALL UNDERGROUND WIRES. CABLES.
CONDUITS. PIPES. MANHOLES. VALVES' OR OTHER BURIED
STRUCTURES BEFORE DIGGING. HE SHALL REPAIR OR
REPLACE THE move WHEN DAMAGED DURING y�4,Cmn
CONSTRUCTION AT NO COS TO OWNER..
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ATTACHMENT D
STORMWATER FACILITY MAINTENANCE
These terms apply to the stormwater facilities constructed pursuant to Minnehaha
Creek Watershed District permit application number 04-655.
WHEREAS, application has been made for a permit from the MCWD pursuant
to MCWD Rule N, Stormwater Management; and
WHEREAS, the property that is the subject of the permit is legally described in
the Declaration into which this Attachment is incorporated, and the facilities on the
property to which these maintenance requirements apply are as follows:
(Storm Ceptor System)
WHEREAS, MCWD Rule N provides that a maintenance agreement shall be
submitted for stormwater treatment ponds, outlet structures for such ponds, culverts,
outfall structures and all other stormwater facilities, and that the maintenance agreement
shall specify methods, schedule and responsible parties for maintenance and must include
at a minimum, the elements contained in the District's Maintenance Agreement Form.
NOW, THEREFORE:
1. The property owner shall inspect the stormwater retention and treatment
basin(s) at a minimum of once a year to determine if the basin's retention and treatment
characteristics are adequate. A storage treatment basin will be considered inadequate if
sediment has decreased the wet storage volume by'h of its original design volume.
Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout,
the property owner shall restore the basin(s) to its original design contours within one
year of the inspection date.
2. The property owner shall inspect the grit chambers, sump catch basins,
sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities
for the project in the spring and fall of each year. The property owner shall remove all
sediment and debris during the inspections such that the stormwater facilities operate as
designed and permitted.
3. Rain gardens must be kept clean of excess sediment and debris. Healthy
plant growth must be maintained in the rain gardens by removing dead vegetation in the
spring of each year.
4. [Other Requirements]
5. Violation of the inspection and/or maintenance provisions of this
Agreement is a violation of the MCWD permit for the project for which the MCWD may
take action against the property owner.
6. "Property owner" as used in this Attachment means the owner of the
property on which is located the stormwater facility to which the obligations herein
apply.
0