[maintain 3” top margin]
DECLARATION
THIS DECLARATION (“Declaration”) is made this ______ day of ___________, 20_,
by __________________ , [marital status if individuals] (Declarant) 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 [NAME OF CITY],
[CARVER/HENNEPIN] County, Minnesota, platted and legally described as:
[Insert legal description]
(the Property) and no one other than Declarant, [NAME HERE PARTIES IN ADDITION TO
DECLARANT WITH PROPERTY INTEREST AND ATTACH A CONSENT AND
SUBORDINATION FROM EACH], has any right, title or interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit #
______ applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions imposed by the MCWD as a condition to issuance of Permit # ____ 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.
MCWD Declaration Template
0210
Comment [BH1]: This template is the
standard declaration required for all MCWD
Shoreline/Streambank Stabilization permits to
provide for protection of the streambank. For
the Reach 14 project, a similar agreement will be
required, but with two key changes:
1. The MCWD will assume responsibility for the
first 3 years of maintenance.
2. Because the City of Edina owns much of the
land along the streambank, this template will be
modified to make it a 3-party agreement.
1.
[Shoreline/Streambank] Stabilization. The [shoreline/streambank] stabilization
area[s] shown in Attachment A, attached hereto and incorporated herein, will be maintained as
follows:
Comment [BH2]: Responsibility of the
MCWD.
YEAR 1
a. Watering will occur as needed to ensure new plantings receive 1-2” of water per week.
When feasible, watering will occur early in the morning and avoided from 12:00 pm to
5:00 pm.
b. The project area will be inspected for weeds at least once every two weeks. Weeds will
be hand pulled or spot treated with aquatic formulations of herbicide according to
instructions on the herbicide label.
c. Mulch will be added to the project area as needed throughout the growing season to
prevent soil erosion, weed growth, and to hold in soil moisture.
d. Wave barriers and fencing to keep out predators (if applicable) will be maintained as
necessary as plants become established.
Comment [BH3]: Responsibility of the
MCWD.
YEAR 2
a. Watering will occur as needed to ensure plantings receive 1” of water per week. When
feasible, watering will occur early in the morning and avoided from 12:00 pm to 5:00 pm.
b. The project area will be inspected for weeds at least once every three weeks. Weeds will
be hand pulled or spot treated with aquatic formulations of herbicide according to
instructions on the herbicide label.
c. Mulch will be added to the project area as needed throughout the growing season to
prevent soil erosion, weed growth, and to hold in soil moisture.
d. Upland and shoreland plantings will be replaced and seeded areas will be reseeded as
necessary in the spring and fall.
e. Any wave barriers will be removed within 2 years of the installation
Comment [BH4]: Responsibility of the
MCWD.
YEAR 3
a. The project area will be inspected for weeds at least once a month. Weeds will be hand
pulled or spot treated with aquatic formulations of herbicide according to instructions on
the herbicide label.
MCWD Declaration Template
0210
2
b. Mulch will be added to the project area as needed throughout the growing season to
prevent soil erosion, weed growth, and to hold in soil moisture.
c. Upland and shoreland plantings will be replaced and seeded areas will be reseeded as
necessary in the spring and fall.
ONGOING
a. The project area will be inspected at least annually and any erosion or structural problems
observed will be corrected within 30 days of inspection to establish and maintain a
naturalized, ecologically healthy [shoreline/streambank] that is structurally stable and
resistant to erosion.
Comment [BH5]: Ongoing maintenance after
the 3-year establishment period will be the
responsibility of the homeowner. MCWD will
provide guidance and assistance, as needed.
b. The property owner will submit to the MCWD annually a brief written report that
describes the maintenance activities performed, including dates, locations of inspection,
maintenance activities performed; notes on successful species, weed problems,
disturbances issues (animal or human) and management needs; and photographs of the
project area.
c. Removal of invasive species will occur on an ongoing basis. Weeds will be hand pulled
or spot treated with aquatic formulations of herbicide according to instructions on the
herbicide label.
d. All planted and seeded areas will be maintained in perpetuity free from mowing or other
vegetative disturbance, except as specified herein, fertilizer application, yard or other
waste disposal, and the placement of structures or any other alteration that impedes the
function of the shoreline in protecting water quality, shading the riparian edge,
moderating flow into any adjacent wetland or waterbody, or providing wildlife habitat.
e. Upland and [shoreline/streambank] plantings will be replaced and seeded areas
will be reseeded as necessary in the spring and fall of each year in accordance
with the approved plan to maintain the ecological health and function of the
shoreline.
2.
Access Corridor. The access corridor is _____ feet in length along the shoreline
and shown on Attachment A. Clear cutting is prohibited outside the access corridor. Native
vegetation shall be preserved outside of the access corridor as much as practicable and, where
removed, shall be replaced with other vegetation that is equally effective in retarding runoff and
preventing erosion.
3.
Violation. Violation of any provision of this Declaration is a violation of the
Declaration as well as a violation of the MCWD permit for the project for which the MCWD
may take action against the Declarant and/or property owner.
MCWD Declaration Template
0210
3
Comment [BH6]: The planting plans will
allow for an access corridor, if desired, which
can be mowed to provide access to the creek.
The preference is for this corridor to be 10 ft or
less in width. The width and location of this
access corridor will be discussed at the
individual site visits.
4.
“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.
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 representative capacity, if applicable]
State of ______________________
County of ______________________
This instrument was acknowledged before me on ..........(date) by ....................(name(s) of
person(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of
............................. .................(name of party on behalf of whom the instrument was executed).
______________________ (Signature of notarial officer)
(Stamp)
______________________ Title (and Rank)
My commission expires:
This Instrument Was Drafted By:
MCWD Declaration Template
0210
4
CONSENT AND SUBORDINATION
________________, a Minnesota corporation, the holder of a mortgage dated
_________, _____, [filed for record with the County Recorder] ______ 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 shall 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:___________________________________
[notary acknowledgement]
5