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Correspondence - 4100 Spring Street - 6/1/20054125:334 M1 m 5 S O T,^ V \ me 3 SUPERSEDING DECLARATION m .� c M m �n �z I ram^ v1 mood qmT 0 mom"' 3 oZ � Z OC/) o �9 �THIS SUPERSEDING DECLARATION is made this 1 3� day of 1-7 , 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 WHERF AS, 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. r CA W W A 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 4 l / &S lgn 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 La By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before ip this i 'day of 1 uAP 2005, by a l t • l �iYlZhe r ts, LLC, a Minnesota Limited Liability Company on behalf of th Company. / I LOW Notary Public ou�ttEP.et.r 4) xorwr -MEs A This instrument was drafted by: Mt=MISSONE1lP1AES1pIR00B Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 2 MINNEHAHA CREEK WATERSHED DIST T /' B: C Eri enson, A ministrator STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4d day of 2005, by Eric Evenson as Administrator, Minnehaha Creek W tershed District. �=14M) This Instrument Was Drafted By: Minnehaha Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 JIL4 MARCIAJO WALL20FORD ss4 NOTAtiY WTI IC YMNWA 2 *Pr 1 1nBo"Aatt.3w n • 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 ir4 apd� 4 Hennepin County, Minnesota on June 15, 2005, as Document No. Registrar of Titles in and for Hennepin County, Minnesota on June 15, 2005 as Document No. ' 4+4, 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 day of �n�`, 2005. RICHTER-SCHROEDER COMPANY, INC. a Wisconsin corporation By: JyYIU,1&t�r"�L O� Margaret 7aberg Its: i (I re S I a en 1- STATE OF WISCONSIN ) ) ss. MILWAUKEE COUNTY ) On the -16-t of June, 200 5, 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. wall Name: Lt '9�O Notary Public in and for the State of Wisconsin Milwaukee County 00TAgy My Commission expires: My COMM- E*hW 9MV2DW Ou;goG 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 comer 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 31 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 Goverment 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 tine 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 comer 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. 4.rlcreit TRH i;0. IE355D 99 P, 02 12 leg', � -,-- PLAN (FRAME ANO COVER NOT SHOWN FOR CLARITY) Stormceptor FRAME AN COVf 72' r 8' COVER 1.97 TONS 13" .r .w. 7"-- %2"m ? Stormaepform INSERT VARLABLE INLET _ R 9 24.0 DROP 2.8- EXT, BASE OUTLET PIPE 5.66 TONS 6'0 ORIFICE PLATE •• 10 12'0 DROP TEE rNlEi PIPE — IWO EXTENDED BASE -- SECTION STC 900 PRECAST CONCRETF Stormceptor' MEAS,o FOR F►9AKATjaI4 r 1. Starmceptor° SECTIONS SHALL CONFORM TO ASTM C 478, 0-RING GASKETEO 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 OR, 60 STEEL 3-WNIMUM CONCRETE STRENGTH GRADE AOJUSIERS i0 T'c- 4.000 PSI SUrT FINISHED GRADE MINIMUM STEEL STRENGTH ly= 60,000 PSI 4. REINFORCEMENT DESIGN SHALL MEET ASTM C 478. 7- 5. FLEXIBLE PIPE CONNECTORS SHALL MEET ASTM C 923. OIL CLDWOVT 6. HANDLING: _ET A. ALL RISERS SHALL HAVE 2 EA 2 1/4" x 3 1/2' HOLES FOR LIFTING 0 1/3 WAY DOWN FROM TONGUE. 8. ALL BASE SUBS, COVERS, AND {ISLE WATERTXHT REDUCERS TO HAVE LIFT HOOKS. 7.OESICNED FOR AASHTO HS-25 LGAOING. &FIBERGLASS Starrnceptorw INSERT. REFERENCE DRAWINC NO, STC-DISC ELK RIVER CONCRETE PRODUCTS MAPLE GROVE, MINNESOTA (753) 545-7473 '_ I'-0" REMON - a..r 02-05-04 STC900 0 t tv 1. ogg •' !1� I;�I •. It �'� `; n a; j { mm = �o _o 0 r o' n i O -i I�IQ ➢NOnD AACIN G mm� r, c'Z���vmiz r A Z r amp nzti Ain az>o A�O .z-�oO�p>m00 O Nm-11m4-�<U VOO r~'Z-ni-A�� zao nz-+zcmc-� �xz zc�xos6op m� �mvNo<'m z A9cm'� r� y n=nnam mD Zz~DZy�O Nr -cmr no.y ti prr pN TT. c o mr. yr rr rt w x m a rt N. I j c A T 0 30 nU ' SCNC UI FEET Cunmq . Group kmaiztua, P.A. LEGEND DENOTES BOUNDARY OR: ..f .. ... ._ _.... DENOTES DRNNAGE(UTIUV EASEME"T DENOTES EXISTING STORM SEWER _�..._.. ,• -----_ DENOTES EXISTING SANITARY SEWER ._r.�--....._ I _---.---•- DENOTES EXISTIIO WATER MAIN _-�_.,—'�.-.-�.--->\-�• DENOTES EWSBIIG UTTUTY TO BE AeANDOIIED DENOTES EXISTING UTILM TD BE RENAVED „,,,,,,,,,,,,,...,.............. DENOTES EXISTING CURB TO BE REMOVED OEROTES EXISTING SWLOI:G K3Sl'iAC.Sl.`u OENOTES EXISTING BUILD" TO BE REMOVED CJ DENOTES EXISTING SANITARY MANHOLE ..'� DENOTES EXISTING HTORAIR OEROTES EXISTING STORM MNIHOIEXII rj I� ! DENOTES EXISTING BITUMINOUS TO BE REMOVED Y �fI J:/if DENOTES EXISTING CONCRETE TD BE REMOVED a]IE. DENOTES EXISTING TREE TO BE REMOVED REMOVAL NOTES: I. THIS DEMOLITION PLAN TO BE USED AS A GENERAL REMOVAL GUIDE. CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFICATION AND REMOVAL OF ALL BITUMINOUS, CONCRETE, AND ANY OIIiER OBJECT NOT SPECIFICALLY CALLED OUT WITH114 THE PROJECT BOUNDARY. CONTACT PROJECT ENGINEER IF ANY SIGNII'ICANI DISCREPANCIES OR VARIATIONS ARE PRESENT. 2. CONTRACTOR 10 COORDINATE REMOVAL OF ELECTRIC. GAS AND PHONE UTILITIES WITH THE PROPER COMPANY. WARNING THE' Cti4TRRCIUR SHALL CONTACT ALL RUEUC UTIuT1E5 FOR LOCAT015 OF ALL UNDERGROUND WIRES, CABLES. CG40wTS, PIPES, MANHOLES, VALVES, OR OTHER BURIED STRUCTURES BEFORE DIGGING. HE SiJeL REPAIR OR ...LA<E THE ABOVE YIHER DAMAGED DURING r COIISTRUCTIOII AT NO COST TO Gw(;EP. wra�•.�-a SARI Project Numhec 63126-003 :0 Ian St. X Sucre !i YV+.rWa4 YIl s:..r lenpeae 6v-D)JeW fttrw.:,. eli-11)-N[u ...sar.,rnaaam I nuA4Y wmy IW IJe yM,wrpnrnn-0b/ ms a uNm my ana wpA+Yivn erM uut I em a LiwICM ProlerebRM ErgaMr uMer Ne 4w! NGb $M1e 0f MhWsaM. PADL HUfLMLA Dam,-YyhDS__,_. 0-9. No. A=- coraMme Schnell & Medson, tnc. avwe,o • r.wyue • w...rr ReMtlone u: ome o..dsla mIr oe.ee.as Curve W' WAMT ue�. eY Drt+ea er B N:co Poirot TTb THE MIST ON LAKE MINNETONKA t x a ED MOLITION PLAN cool 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'/z 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. V?n 4. [Other Requirements] O(�P�D 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 MCAT may take action against the property owner. b. "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.