opac staff rpt 01-26-2015 or2014

ROCHESTER-O LMSTED PLANNING D EPARTMENT
2122 Campus Drive SE, Suite 100 •Rochester, MN 55904-4744
www.co.olmsted.rnn.us/planning
oct1 £ST E fl .J\1
~·o-~":Y:··················.~~:~
,~ J>
" .··
·•.o...,
"-. -:-
(:; :"
:.
.
%-.O.p-.·..
.
:
..~
. .. ·· ·'""
l>oJ?~:.:· •• ..•...•.. ·;;: ·,;. ~·\)
I
ED·AUGUS \.
Phone (507) 328-7100 •Fax (507) 328-7958
TO:
Oronoco Planning Advisory Commission
FROM: Eric Wojchik, Planner
(rl
DATE: January 20, 2015
RE:
Oronoco Township Final Plat #OR2014-001PLAT by Dale and Corey Allen
to develop a rural subdivision of 7 lots on 29.4 acres. The property is located
in part of the SE ~of the NE ~'Section 7, Oronoco Township, on the west
side of 2°d Avenue NW, approximately~ mile north of 5th Street NW.
Planning Department Review:
Petitioner/Property Owner:
Dale and Corey Allen
1580 102 Street NW
Oronoco,.tvfN 55960
Township Review:
The Oronoco Town Board approved the
Zone Change (OR2014-001ZC) and GDP
(OR2014-001GDP) on July 31, 2014.
OPAC Review:
The
Oronoco
Planning
Advisory
Commission approved the Preliminary Plat
(OR2014-001PLAT) subject to conditions
on July 11 , 2014.
Environmental Commission:
The Environmental Commission reviewed
the Environmental Checklist on July 16,
2014.
Report Attachments:
1. Application
2. Reduced Copy of the Final Plat
3. Notification Map
4. Draft Declaration of Covenants
5. Copy of the Wildlife Easement Exhibit
6. Well Declaration and Easement
7. MPCA NPDES Permit Application
8. Utility and Roadway Easement
9. DNR correspondence
10. Correspondence regarding Condition 11
11. Referral Comment
Development Review: County Building/Well/Septic, Permitting & Zoning
.ation Systems: Addressing, Data & Mapping • Land Use & Transportation: Planning, Policy & Analys is
AN EQUAL OPPORTUNITY EMPLOYER
Development Review:
Location of Property:
The property consists of approximately 29 .4
acres in the SE~ of the NE 1/4 , Section 7,
Oronoco Township, on the west side of 2nd
Avenue NW, approximately V4 mile north of
5th Street NW.
Zoning:
The Zoning District designation is R-1 (Low
Density Residential) Zoning District and is
designated for Suburban Development on
the Olmsted County Future Land Use Map.
Proposed Development:
The petitioner is proposing to rezone the
property in order to allow for a residential
subdivision. The proposal consists of a
Residential District with seven (7) lots on
twenty-nine point four (29.4) acres of land,
with the lots ranging in area from two point
six (2.6) to four point seven (4.7) acres. All
of the lots are on one block.
Land Use Plan
Olmsted County has recently amended its
Land Use Map by removing this parcel from
the Resource Protection-Potential Suburban
District and putting it into the Suburban
Development Area (02014-00lLUPA).
Adjacent Land Use and Zoning:
North: This land is within Pine Island's
Urban Growth Boundary, though outside its
current city limits. It is designated for Low
Density Residential uses and is part of the
Elk Run General Development Plan (GDP).
The land is grasslands and is within the A-2
(Agricultural Protection) Zoning District.
South: The City of Oronoco lies to the
south of this parcel. Designated for Low
Density Residential uses, and zoned R-1,
this land is a combination of cultivated lands
and grassland.
East: The land to the east of this site is in
the County's Resource Protection Area and
is within the A-2 (Agricultural Protection)
.
'
Zoning District. It is primarily cultivated
lands with some forest and grasslands.
West: The land to the west is within Pine
Island's city limits and designated for Low
Density Residential uses on Pine Island's
Future Land Use Map. This land is also part
of the Elk Run GDP and is within the A-2
(Agricultural Protection) Zoning District.
Transportation:
The proposed access is from 2nd Ave NW
(County Road 18) on the east, via an
adjacent parcel to the south. 2nd Ave NW is
a bituminous paved road. County Road 18
is being turned over to Oronoco Township
and the City of Oronoco.
The street grades meet the requirements of
the Oronoco Subdivision Ordinance for a
local street with a minimum grade of 0.4%
and a maximum grade of 10%.
Drainage:
Surface water drainage in this area falls in
two different directions. The majority of the
site flows to the SW corner of the parcel,
where the developer proposes a retention
basin served via a drainage easement.
Drainage also occurs on the east portion of
the site abutting 2nd Ave NW (County Road
18).
A surface water runoff and erosion control
plan (02014-002GRA) has been approved
for this property by the SWCD (Soil and
Water Conservation District) and the County
Engineer.
Wetlands:
According to the Olmsted County Soil
Survey, no hydric soils exist on the property
based on the Soil Survey.
Natural Features:
The 2006 Olmsted County Biological
Survey identifies a rare species located on
the site. (see attached DNR correspondence
from 8/19/14).
Sewer and Water:
Each of the lots will be served by an
individual septic treatment system. The
Planning Department - Inspections Division
has approved the well and septic system data
su_bmitted for this plat. A communal well to
serve all seven lots is proposed between lots
four (4) and five (5) in the north portion of
the parcel.
General Development Plan:
The Final Plat does appear to conform to the
approved General Development Plan
(OR2014-001GDP).
Referral Comments:
See attached responses
Staff Review and Recommendation:
The proposed subdivision plat generally complies with the provisions of the Oronoco
Township Zoning Ordinance, Oronoco Township Subdivision Ordinance, and General
Development Plan for the Oronoco Territory Subdivision. Planning Staff recommends
that the Preliminary Plat proceed with the following conditions:
1.
Due to the property limitations of the existing topography on site, a variance is
required to Section 5.0 General(E) of the Oronoco Township Subdivision Ordinance
- Streets designed and laid out so as to have one end permanently closed shall not
exceed five-hundred (500) feet in length, except where the Planning Advisory
Commission has approved additional length due to property limitations. (Approved
at Oronoco Planning Advisory Commission meeting July 11, 2014. Condition
satisfied).
2. Block 1, Lot 4, needs to meet the minimum required width at the building line of one
hundred (100) feet as per Section 6.02(6)(a) of the Oronoco Township Zoning
Ordinance. (Shown on Final Plat submitted 12/3/14. Condition satisfied).
3. The Grading/Erosion Control Plan must be approved by the Soil and Water
Conservation District and the County Engineer prior to grading on the site and prior
to approval of the Final Plat. The Grading/Erosion Control Plan should address
erosion control measures that show drainage flows/patterns, changes in elevation,
areas to be disturbed: pads for houses, septic areas, utility installations, etc., existing
elevation lines, or; Individual grading plans for each lot will be required at the time of
permitting.
satisfied).
(Grading/Erosion Control Plan approved 8/19114.
Condition
4. The applicant must submit a copy of the application for a NPDES permit prior to the
Final Plat being reviewed by the County Board. The Grading/Erosion Control Plan
must be consistent with the NPDES permit. (Submitted on 12/3/14. Condition
satisfied).
5. The proposed storm water re_tention basin requires the execution of a long-term
maintenance agreement. (Draft submitted 12/3/14. Condition satisfied).
6. A signed, recorded (Olmsted County Property, Records and Licensing) access
agreement must be submitted regarding the proposed access into the development via
the parcel located to the south. The recorded access agreement must be submitted
prior to the approval of the Final Plat. (Recorded on 10/13/2014. Condition
Satisfied).
7. A performance bond or letter of credit will be required for roadway construction
including grading, base, bituminous surfacing, and erosion control. (This is required
to be submitted prior to approval of the Final Plat).
8. The Final Plat should detail that County Road 18 is now 2nd Ave NW. (Shown on
submitted Final Plat, 12/3/14. Condition satisfied).
9. The plans for the wells and septic systems must be approved by the County Well and
Septic Division prior to application for the Final Plat. (Approved by Olmsted
County Well and Septic. Condition satisfied).
10. Provide homeowners' association bylaws and covenants for the ownership and
maintenance of the water supply system and private drain fields. The covenants must
be recorded with the Final Plat. These covenants shall be perpetual. Well agreements
must be recorded with the Final Plat. (Submitted on 12/3/14. Condition satisfied).
11. Given the topographical constraints on the site, the Final Plat should show the
building envelopes on each lot for the placement of dwellings. (See email dated
11/26/14 from the Rochester-Olmsted Planning Department. Condition
satisfied).
12. Unless otherwise agreed in writing, due to the wooded nature of the plat, any tree
removal must be restricted to November through March to reduce the risk of
spreading oak wilt to other trees both on and off this property. (Ongoing condition.
Condition satisfied).
13. Addressing must be consistent with the recommendations of the Planning Department
addressing staff. Also, street signage shall be required by and consistent with
addressing ordinances of Olmsted County.
satisfied).
(Ongoing condition. Condition
14. A copy of a Protective Covenant in relation to proximity to active agricultural
operations is required prior to the approval of the Final Plat. (Draft submitted on
12/3/14. Condition satisfied).
15. Any conditions of approval from the Environmental Commission need to be met:
1) Submission of an Erosion Control and Grading /Drainage Plan prior to the
approval of the Final Plat. (Approved 8/19/14. Condition satisfied).
2) The applicant must identify and set aside land for wildlife corridors on the site
through recorded easement indicated on the Final Plat. (This is required to be
recorded prior to approval oftile Final Plat).
3) The applicant must liaise with the Minnesota Department of Natural Resources to
identify and protect rare species on the site. (Submitted on 12/3/14. Condition
satisfied).
16. Approval of the Preliminary Plat is subject to approval of the Zoning District
Amendment and General Development Plan by the Oronoco Township Board.
(Approved on 7/31/14. Condition Satisfied).
Grading Permit Conditions
1) A performance bond or letter of credit will be required for roadway construction
including grading, base, bituminous surfacing, and erosion control.
required to be submitted prior to approval of the Final Plat).
(This is
2) Street and stop signs shall be paid for prior to Final Plat approval. (This is
required to be submitted prior to approval oftlte Final Plat).
3) A field access was approved at this location on June 19, 2012. An access
application will need to be approved to convert this to a public street. (Ongoing
condition. Condition satisfied).
•
•
I
I
I
Land Development Application
. .. . .
..
ts this an amendment?
0
Yes
..
Iii No
0
B
0
D land Use Plan Amendment
- -----,-to_ _ __ __ _
0 Metes and Bounds
0 Preliminary (different application for final approval)
0 Preliminary Plat-# lots _ _
Iii Final Plat - # lots _1_ _
0
0
0
Appeal
Condlt!onal Use Permit
Temporary Cohstruction
Home Occupation (CUP)
Erosion Control/Grading Plan
Site Location
Site Address
General Developmeht Plan (name)
0Variance
•
Rezoning
to _ _ _ _ _ __
Legal description attached
#ofAcres
2NDAVE. NW ORONOCO
PINs
29
RP84.07 .14.039663
7
l
Township/Section
Proposal
Full clocumentation must accompany application
I'
Final Plat for Oronoco Territory Subdivision
(
Complete all applicable sections - Select only ONE person as primary contact
City
ORONOCO
Mailing address
1580102 ST NW
Daytime phone
507/281-1834
State
Zip
MN
55960
FAX
Cell phone
507/244-0136
DALE ALLEN
Typed/printed name
Signature
City
Malling address
Iii Additional
owners on
Date
Zip
FAX
Cell phone
Daytime phone
Back
City
Mailing address
717 THIRD AVE. SE
Daytime phone
508{288-6464
Plannlng Department
Date
Signature
Typed/printed name
State
MN
ROCHESTER
E·Mall
Cell phone
Rochester-Olmsted Planning Dept.
2122 Campus Dr SE, Suite 100
Rochester M,N 55904-4744
Zip
PH
FAX
507-328-7100
507-328-7958
E-MAIL planningweb@co.olmsted.mn.us
www.co.olmsted.mn.us/planning
.
OFFIOAL Pl.AT
,.
ORONOCO TERRITORY
.........
• Sil
uaar Wfll?!t crAO
..
""" .. tttr
...,.......-LS.ai1.
~ lrW)l,J
=-=':.::.~=~'-':i'~~~ ~= :'~.,. . ..
~.IU.iJllJtSIONSrl'HlCN.SINIS:lWOoll
M
lt. Mltl> tNO-... A.. - . . .......... . . .
lb",.,.
T""""""
.. ...........
...................
......._ ........... ...., .....
--.
~~""-'
h Chlted
(ltN)
f.~~tMOHt. .
LOCAllON WI'
CMMI.
u.t. .. tlllJT't' C4lOT
M-...1:• ......... •~
I
~
•-1-.(lllMI: ....... ~ ~ ..
*dlloOeenoll""""'-tllldl_...._
· ~~
200
.......... ............
,........,...._...
.......__."' __,.
I/!" .....
• Stl)/4°-.~
ol tlw; wur,,. . el U.c.11 ~Saint Pt~
toe,~ 14. OirwW ~-......:
lk~­
--__ _____
~fnloMOO'OO"OO•~
~
O.t. • CIMIW%CA!IOIOIT
l tildOIJDlllllNl:,..t•llo-.olhldmtP~Wltrll:U...,;llc.i,.....
...,.
UNPLATTED
89'29'05"
1054.25
k UNESLl/._itL, C,.Sfe); h•lhtw.
5
4
---
._fll IN $0/ t IC/ t $tdim1,
_...,b..
Mncts ...... llUl _
-·-
_.,_
.._
.. ~
"""'-"""'
lotrfib'Wa!lplll~t.IM~~tH7f11 horOINW tlol......
l N l _ . , . o1 _ __ _ . . _
,.......,.
_.............. _... _.,fl ____ .._.,
"""'"'"""'""
o.t. .... o.niateA.Mel\.t.lyl.. . . . . . .,.... ..........
-----
......,_m moms
plO « mwrr
"""""''""""
~ :::::.~ ~-:r:."'.t"'~~"::"""' .. ~ ~ ~
......,.,..,,~
.... -..icinild!lllllillel ...
_______
c...._ll!il_., ..
--
.,,
W.Blil_ ..,.,_____ ,,,.
...........
... .,.,..,.c:.w,~~l-~ ...... ,.....,""""".....,,
~,
SJAICOl\llNSCHA
_, ._
Oilr'leltll't
11"1
"'""'
.....
,,....
= .,.,.
rt1rr.r
I .....
27'11'U"
.....
onc-s1·
17UI
,.,,.
11.n
....,
111.00
10.00
..... ......
.....
...,.
..,,
10.00
....
....
-
_,,
_
""' "'71...
,,,.,
ll7'0''44"
1.....,..
JUI
lJl"M'IS"
211'11'111"
""'
...,,
J41'0f4T
n1nr
. . .1....
01'11'n"
xr1r.·
.....
Jd'Ot'W
IUJ
.l27'!16"J\"
Tlliil~_
...... ,,.......
1<1>•
3'70:J"4T
'"'
.....
,,.,..,,. ,,...
1"2'm"
·~·o·
J l'4"05"
ocrm1·
lW22'~r
-............--.... ..
................. _
... _ . , ., _ _ _ _ .._.,,
CMt\ieflN.' 1). Lob~
_, ._
" ,..,,
11.71
Jl704'4-4"
4 1"74·~·
41'$1'4)"
"""'"'"""""
lm.1)
"
....,
U IT53"
..,...
... ,...,.
IWQ
W.00
.
"'·"
,.,_,, ,...,,
.,,. ......
.........
IS.J'Jl'21"
4r24':1!1"
..... ,,...,.,..
10'...U-
I.... 1'2"'U'l4"
1........
"
,...,
ll'l7'111°
moo
moo
moo
,.
...,,.,..
ll'U'51'
01'2''1»"
lf'$.l'<tt"
m"3''DS"
20'13'4T
911'12"
ORONOCO TERRITORY
11.10
..
....
.....
,...,
"""'
..
17l'0.1"$5"
,,,...
H nl"l!I"
tS7'CM'44°
1
llTJ4 ft1°
1an2'1f"
11rl2'05"
I,.,..,.
IUU'W'
,.._ M:c. Cl!Nltd 0..-. •
...e...:-..... ~
.
. c:,~
r}· Re ·,:i;,
~o
-C:: 'VEJ c~
....
~
<».
.JI::""~r->
SEH
"'
f~\.v~
~-~·;.,
YAGGY =:o.:""°'
SHEET NO. _1_ OF _1_
,
lJTJL!JY FAIDlfN! PEffiEP
All unab:sbueted 11aarnent for the COMtrlltliDn and
maintenafl09 of al necessary overhead,
intecgroun~ or surfcce pltlk utiffles. indu<f~
ri~ to conduct ilrainoq• and tlirrrning on $Gid
Thot port of the Soutkeaat Quartu of ihe Narthecnri Quarter of
.,.,.,,.,..m.
=::ot!·~wnst"~ 1c!}8UIN::~~ft J4C::~ ~~·~B~~~l
U.E. - lll1l!IY fASEMENf
Containing 29!.40 acres mans or less.
QRA!Ne&E fA.)fMOO pm{EP
kl unobslnJcled eaSdtnetrl fot the: ~on and
rnainttMnce of lmd~round crid m<ice drt1inog•
faci&tias and utmty easemenl.
Slopes Table
Number Mrnlmum SJope Maximum Slope Area Color
,....,
7 p>.RIY WEl I I
PUMP
!il
~
P!at bearings _an: Mirvaoto State
Plarie Grid Azirm.tlhs meCl$Urtd to
S!nNC
MfltlMUM 1000 GAU.ON PRESSURE TANK
PIAIP c.al'llCl!'I' - MlN. 40 (>All()N / l.IJN. 0 00 PSI
R.O.W.
"""°""
tho
R.O.W.
=not/
I
riltd
from
!J'id ,,.,.th,
lANQ SUM)'QR
ui1&::1
'!>= COlBY ASSOCIATES
l>SEMDll" I
MARK HASalUS, ts
MN UC. NO. 47-034
I
I
i~~~~~~~~~~~~~
OWNfR/DEVElopER
ON.£ AHD COREY Al1DI
1511() 1D211!l SlRErr Ml/
ORONOCO, MN 55960
PliONE NO. (50'1) 281-1834
LEGEND
~
1. AU.CONSTIWCTIONTOBEMNOOTDETAT\.SANDSl'tOflC&.110NS. CX>NTRACTOM:lWNERTO
OBTAIN All PBW.1TS :REqUIFU;D PRIORTO TI-IESTAAT OfCONmWCTION.
%. Al.LDISTURBEDARW10 BE COVEJt[[)wf<" OFTot'SOILAND S£EIXD ~MNDO't'SPB:..251S
WITitlNA PEF:OO OF f4 DA.VS FOltowtNClHECOMPl.ETION"OfCONmtUCnON (SHNOTilJ,
0 1~1
FOR TEMPORARY ~NG USEMNOO't'!5£EP MIX Js--£11 AT 60 UISJN:;AN02 TONS/ACOF1'YPE1
MULCH-O?SKANCHOMD.SEE9iro' 5 FOR PmD SEIDIMC NOTES.
@
J , STA8ll1ZA.i10N MUSTOCOJRA5.500N NS P'055!Bt.E, BUT IN NO CASE MOR£lHAN 14 CAYS.,
RECAAOU:SS Of CE'CREE"OFSLOPE OR DISTANCE FROMASURFACIWA.TER.fOR: l'RO~THAT
ARE wmnN 1 MltE Of A Sf'EOAtOR :u.!PAl'RED WATER.All OO'OSEOSOILAREASMUST !l(
....
COVE~() \NITHIN 1 DAYS. FOR OITCHESANO.Olt.OJLVEJtTS DIS~OO.INC WITHIN 200FEETOf A
SPEOAL OR IMPAIRED WATER, THE OtTCH AND CULVlRT ENO MUST 8E STABIUZED WITHIN 24
HOURS.
RIP IW'
EX1.ST$ SOI. 80RIHC; 1.0CATION
PROPOSED "'11. LOCAmN
PROPOSED ·CUH sroP
l'ROl'05lOWl.1iRUXE
4, All{ROS'!ONANO POU.U'TION CONTROLM&.Sl.lK£55Hi\Ll SE IN ~CWolcr\'A'l'HSTA'TEAND
l.OC\L REQUIREMiMS.
-9715:-
-97-
.5. SlOPCifNt:XCES'S OF-4:1 TO BESOOCIDANOSTAKEO OR5HDIDANDPROllC'1'EDWfrnEflOSl()N
CONlllOl BLANKETS.
6. SILTffNCi ll'ND "ID.tP. ROCKCONSTR. 'ENTJIANCIMUSTBE IN$TALl.IDBEKm:CDHsllUJCrlON
STARTS.
-o-o--
7. THE OWNERS ARE AWmnt.ATSOMESlOPES/\RE LESS llW-12~ANDllf2Y AcaF'r
R£S1'0NSl81UTY FOR.hNY PRO!IW.15 i':SKla>.TEO
'l'HE U:SSTIW-12" SlO~
°""™
~
8. AllSlOPES wmllN CAADINC UMn'S srtEJ'£R lHAN 4:1 SHAU. M CONSTRUCTED IN STRlCT
COMPlw.«:E wm1 THIS Pl.AN. THE 0£S.CN Of THESE SlOPES hS DETAILED ON nttS Pt.AN 'WU
PREVENT lN'IOSLIDINC ANO SURFACE E~K>N AS LONC I'S THE CONSTRUCTION IS DONE IN
ACCORDANCE WfTH THE PlANS,.,.DSl'lOACATIONS.
D
9, CONrAAC'lOK YO ~~OE N)(QUATC MCA$lJP.[$ lOcomaot.SEWNGUOSfON &>
SIDlMENlA1lON IFIIMPORAR'r OR PERMA~ COIJER WIU NoTUECOMl'tETEBY'NOVfMBER.
~
1STH.
EXIS'llllC "'""'""
........,,_
Sil' FtNC£ - SEE DETAIL ON SHEEr 15
ll2°M~_,.,..
flROPDStD
CJW~
sm:
llCO SULD ZONE
10.CONSTROCTION TIV.FflC SHAU. BE LIMrTED TO ASINClI OONSTRUCTION nv.mc ACaSS
f'OINTTO MINIMtn TP.ACn«l fll.OM 'rHLSJOB $ITT. TIWCK5 sHAU.BISYOPf'EO mC>llRBSWO"l"
PRIOR: TO lEAVINC THE CONSTRUCTION SITT. CONTitACTOlt SHA.ll R£GVlAltlY Pttf'O«M STREFr
SWEEPl~GTO MINIMtz£S'1.T lfAVIMC THEOONSlltUCTION SITE. ORTHECONT'RM:l'OltSHAU
INSTllU. A ltMFOM~ KOCK CONSTRUCTION fN'rMNCE ATrHC lOCATIOH MSHOYr'NON'THE
f't.AN ANO ~ 'f'H~bIT/IJl..
I
11.CONCRETI TRUCK WASHOUT MANACEMENT B1'>4Pl0 BE"P1IOVIDEDON srrt.
EXIST! NG ONSITE SOIL TYPES
SrTE DATA
ttC- IU.ceESILTLOAM, 610121:9UlPES
285A.-PCRT~ Sl.TUWl..OT01 1SlOP£S
ll2C - muA SILI LDW, 15:1tl 12rSl.OF'tS
mu>. SIU I.DAM, 12 TO ll!S SUlPB
mo -
lZ2E-TIMULASIILMl,.\81C30SS!.af'ES
v~~~~OlS:
,..0
t--t--~-t~-+~-t-~~~~~------------+------WN-l~::.:J,~~J::A~~~~~~~R:.o~wrs
1 - + - - - - - t --+-- - + - - - - - - - --
- - - - - --
-
--<DESICt® BY: _ML
1--t-- - --1--+-; - - - - - - - - - - - - - - - - - - - - iCliBll<EDBY:
;.~~~";,.
'
t
~
51)
100
0
... ,,.C..i} (
~r"~'W Jt~~~FHAL ENWl&R UNDER THE LAWS OF
SIGHATURf; _ _ _ _ _ _ _ _ _ _ _ __ __
1-+-----l--+-+-------------------1----------=il'RIHltD IWI~
!l!!l£R.AlllH
~ I0/13/lll~• YrA PROJ. NO.:~ MTE:
10=j:l=J 4
LICENSE NO:
112&3
...•.'"'"".
<,,_.IC
TOl'AlrlaECl'AAEk.
l'UIUCUSlAUA:
NIJMll(l:OllLOTS<
.»1B - U~M 5\1 LOM!, .2 TO A: SlOPES"
'o
SHEET
-?
1
OF
FIVE
c_ PRELIMINARY PlAT
~
.... . ·,'\.).v
ORONOCO, t.41NNESOTA
1/2 Mile Notification Area of
Oronoco Township Zoning Final Plat #OR2014-001PLAT by Dale and Corey Allen
to develop a rural subdivision of 7 lots on 29.4 acres. The property is located in part
of the SE 1/4 of the NE 1/4, Section 7, Oronoco Township , on the west side
of 2nd Avenue NW, approximately 1/4 mile north of 5th Street NW.
1
CenterStE -
Legend
-
eente.11n41&
'771 Rvers
~
~:~:~ps
~se.cfons
~ OR2:0 14-00lflAT
c=::i Par~1'5_B\J'!lef2&~0lt
[3 OOWJ>ar'9~Jcrljit2!!4Clt
C:JPlilri:el:i'.
This map prepared by the G IS Divi sion, Rochester-Olmsted County Planning Department~ Olmsted County is not responsible for
ommissions or errors contained h erein. If discrepancies are found within this map, please notify the GIS Division, RochesterOlmsted County Plann ing Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 328-7100.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
ORONOCO TERRITORY DEVELOPMENT
THIS DECLARATION, made as of this
day of
2015 by, Dale R. AUen, and
Charlotte A Allen, husband and wife, and Corey R. Allen and Barbara J. Allen, husband and wife hereinafter
referred to as "Declarant".
WITNESSETH
WHEREAS, Declarant is the fee owner of the real property described in Article 11 of this
Declaration, and desires to create thereon a residential community with covenants, conditions and
restrictions for the benefit of said community; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in
said community and for the maintenance of said private open spaces and mutually beneficial easements
of ingress and egress and to this end desires to subject the real property described in Alticle 11 to the
covenants, restrictions, easements, charges hereinafter set forth, each and all of which is and are for the
benefit of said property and each owner thereof; and
WHEREAS, Declarant has deemed it desirable for the efficient preservation of the values and
amenities in said community to create an agency to which should be delegated and assigned the powers
of maintaining and administering the facilities and administering and enforcing the covenants and
restrictions and collecting and disbursing the assessments and charges hereinafter created; and
NOW, THEREFORE, Declarant declares that the real property described in Article 11 is, and
shall be, held, transferred, sold, conveyed and occupied subject to the following covenants, restrictions,
easements, charges . and liens (sometimes referred to as "Covenants and . Restrictions") of this
Declaration and the Articles and Bylaws of the Association which are incorporated herein by reference
as though fully set out herein, which covenants and restrictions shall run with the real prope11y and be
binding on all parties having any right, title or interest in the hereinafter described properties or any
part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof:
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration (unless the context shall prohibit) shall
have the following meanings:
"Association" shall mean and refer to Oronoco Territory Home Owner's Association.
"Dec]arant", Declarant is the fee ownerofthe rea] property situated in the County of0 hnsted, State
of Minnesota, lega1ly described on the attached Exhibit "A" and made a part hereof by reference
herein; and shall mean and refer to the Declarant above-named, and to his heirs, successors and
assigns, if (i) any such successor or assign should acquire more than one undeveloped Lot
from the Declarant for the purpose of development and the instrument of conveyance recites
that such successor or assign has acquired all of therigbts and obligations of the Declarant;
or (ii) such rights and obligations pass to such successor or assign by operation of law.
"Affiliate of Declarant" shall mean anyperson or entity which controls, or is controlled
by, or is under common control with, Declarant.
"First Mortgagee" shall mean and refer to any person, corporation or other entity named as
Mortgagee in any deed granting a first lien upon the fee simple title to any lot.
"Lot'' shall mean and refer to any of the Lots described as Lots 1-7, Block 1, Oronoco
Territory Subdivision, according to the recorded plat thereof, Olmsted County, Minnesota.
"Member" sha11 mean and. refer to all Owners who are members of the Association as
provided in Article III, Section I, hereof.
"Owner" shall mean and refer to the record owner or contract vendee, whether one or more
persons or entities, of a fee simple title to any Lot situated upon Oronoco Territory
Development, but excluding contract vendors and others having such interest merely as
security for the performance of an obligation.
" Properties" shall mean and refer to all of the real property subject to this Declaration, as
more particularly described in Article JI hereof and all improvements now or hereafter located
therein.
"Oronoco Territory Development" shall mean and refer to all properties that
are subject to this Declaration under the provisions of Article II hereof.
2
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. EXISTING PROPERTY. The real property which is and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located in Oronoco Township, County of
Olmsted and State of Minnesota, and is more particularly described as follows:
Lots 1 - 7, Block I, Oronoco Territory Subdivision, according to the recorded plat thereof,
Olmsted County, Minnesota.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. MEMBERSHIP. Every person or entity who is a record owner of a fee or undivided
fee interest in any Lot which is subject to assessment by the Association shall be considered an nownern
and a Member of the Association. Where any such Lot is being sold by the fee owner to a contract
vendee who is entitled to possession of the Lot, the contract vendee shall beconsidered the Owner of
the Lot if (i) the rights of the contract vendor hereunder are delegated to the vendee under such contract
for deed; and (ii) the vendee shall furnish proof of such delegation to the Association. Membership
shall be appurtenant to and may not be separated from Ownership of any Lot which is subject to
assessment by the Association.
ARTICLE IV
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.
The Declarant for each Lot owned by it within Oronoco Territory Development hereby covenants, and
each Owner of any Lot by acceptance of a deed thereof, whether or not it shall be so expressed in any
such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (a) annual
assessments or charges; and (b) special assessments for capital improvements, such assessments to be
fixed, established and collected from time to time as hereinafter provided. The annual and special
assessments, together with interest, cost of collectionand reasonable attorney's fees, shall be a charge on
the land and shall be a continuing lien upon theproperty against which each such assessment is made.
Each such assessment, together with interest, cost of collection and reasonable attorney's fees, shall also
be the personal obligation of the person who was the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent assessments shall not pass to his or her
successors in title unless expresslyassumed by them.
Section 2. PURPOSE OF ASSESSMENTS LEVIED BY THE ASSOCIATION. The
assessments levied by the Association under this Article shall be used exclusively for the purpose of
promoting the recreation, health, safety and welfare of the residents of Oronoco Territory Development
and, in particular, for the maintenance and improvement of water wells and their associated piping
supplying water to the residences, and storm water structmes of Oronoco Territory Development.
Section 3.
BASIS OF ANNUAL AND SPECIAL ASSESSMENTS
ASSOCIATION. Annual and special assessments shall be levied on each Lot as follows:
3
OF
THE
Each Owner shall pay fifty ($25.00) Dollars per quarter commencing on the first day of the
month following closing on such Owner's purchase of a Lot. From and after the first annual
meeting, the maximum annual assessment may be increased by the greater of (i) ten percent
( 10%) of the maximum assessment for the previous year; or (ii) the percentage increase, if any,
over the twelvemonth period preceding the year for which assessment is levied in the Consumer
Price Index, all items, published by the United States Department of Commerce, Bureau of
Labor Statistics for the region including Rochester, Minnesota ("CPI''); or ·(iii) that amount
which is necessary to meet obligations. The quarterly assessment may be increased above the
amount of the maximum established hereunder only by a vote of Members holding two-thirds
(2/3) of the ,votes of voting membership who are voting in person or proxy, at a meeting duly
called for that purpose. The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum. The Board of Directors may from time to time change the manner of
payment of the assessment (e.g. monthly, quarterly, annual payments).
Section 4. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to the
annual assessments authorized above, the Association may levy in any assessment year a special
assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, unexpected repair or replacement of a capital improvement upon the
Common Properties including the necessary fixtures and personal property related thereto, provided that
any such assessment shall have the assent of at least two-thirds (2/3) of the votes of Members who are
voting in person or by proxy at a meeting duly called for this purpose for each of said Association.
Section 5. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER
SECTIONS 3 AND 4 RELATING TO THE ASSOCIATION. Written notice of any meeting called for
the purpose of taking any action authorized under Sections 3 and 4 of this Aiiicle V shall be sent to all
Members not less than five (5) nor more than thirty (30) days in advance of the meeting. At the first
meeting called, as provided in Sections 4 and 5 hereof, the presence of Members or proxies entitled to
cast sixty percent (60%) of all the votes of each class of members shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same notice requirements
and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following
the preceding meeting.
Section 6. UNIFORM RATE. Annual and special assessments, as we11 as reconstruction
assessments levied pursuant to Article VI hereof must be fixed at a uniform rate and shall be collected on
a quarterly basis.
Section 7. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS, DUE DATE.
The amount of the first year's assessment upon a Lot shall be prorated according to the number of
months left in the year from the time the assessment commences as to such Lot.
Section 8. DUTIES OF THE BOARD OF DIRECTORS. The Board of Directors of the
Association shall fix the date for commencement of monthly installments of annual or special
assessments ("Commencement Date") and the total amount of assessments against each Lot for each
assessment period at least thirty (30) days in advance of such date or period and shall, at that time,
prepare a roster of the properties and assessments applicable thereto, which shall be kept in the office of
the Association and shall be open to inspection by any Owner. An assessment shall become a lien
against a lot on the date when the same becomes due and payable, as fixed by the Board of Directors of
the Association, as herein provided.
4
Written notice of the assessment shall be sent to eve1y Owner subject thereto, provided,
however, that the failure to send such written notice shall not render any such assessment invalid.
Section 9. EFFECT OF NONPAYMENT OF ASSESSMENTS: PERSONAL OBLIGATION
OF THE OWNER; LIEN; REMEDIES OF THE ASSOCIATION. If any assessment is not paid within
thirty (30) days after the due date, the assessment shall bear interest from the due date at the rate of
eight percent (8%) per annum. The Association may bring an action at law against the Owner personally
obligated to pay the same, or may foreclose the lien against the Lot, and there shall also be added to
the amow1t of such assessment the cost of preparing and filing the complaint in such action, and in the
event a judgment is obtained, such Judgment shall include interest on the assessment as above provided,
and reasonable attorneys' fees to be fixed by the court, together with the costs of the action.
Section 10. SUBORDINATION OF LIEN TO MORTGAGES. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon a
Lot subject to assessments; provided, however, that such subordination shall apply only to the
assessments which have become due and payable prior to the later of (i) the time such First Mo11gage
comes into possession of the Lot; or (ii) the expiration of the period of redemption from mortgage
foreclosure sale or conveyance by deed in lieu of foreclosure. The purchaser at a foreclosure sale of a
first mortgage shall, upon expiration of the period of redemption (or, the obtaining of possession of the
Lot, whichever later occurs), hold title to the Lot free and clear of (and shall not be liable for) any
existing lien for unpaid assessments and such purchaser shall not be personally liable for such
assessments unless such purchaser specifically assumes such assessments; provided, however, that
nothing herein contained shall prevent the Association from reallocating and reassessing any such
extinguished assessments as a common expense among all Lots. Such sale or transfer shall not release
the Lot from the lien of any assessments which there after becoming due.
ARTICLEV
INSURANCE
Section 1. LIABILITY INSURANCE: The Board of Directors of the Association, or its duly
authorized agent may obtain such public liability insurance or fidelity bond protection as it deems
necessary or advisable from time to time.
ARTICLE VI.
ARCHITECTURAL
CONTROL COMMITTEE
Section 1. REVIEW BY COMMITTEE. The design, layout and exterior appearance of each
residence shall be such that, in the opinion of the Architectural Control Committee (ACC) at the time of
approving the building plans, the residence will be of high quality and will have no substantial adverse
effect upon the property value in the subdivision. No building, fence, wall or other structure shall be
commenced, erected or maintained upon any Lot, nor shall any exterior addition ,to or change or
alteration therein be made (including painting, staining or siding),or anything of a permanent nature be
placed or constructed within such Lot exterior to such building, until the plans and specifications
showing the nature, kind, shape, height, materials and location of the same shall have been submitted to
and approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Board of Directors of the Association or by an Architectural
Control Committee composed of three (3) or more representatives appointed by the Board. In
the event said Board or its designated committee fails to approve or disapprove such design and location
5
within thirty (30) days after said plans and specifications have been submitted to it, approval shall not be
required and this Article shall be deemed to have been fully complied with. No structure shall be
commenced, erected, maintained, changed or altered except in confo1mity with the Zoning Code of the
Oronoco Township ("Zoning Code"), as from time to time amended, and after any and all approvals
required thereunder have been obtained. In order to be a member of the "ACC", a person must be an
owner of a Lot, and a person shall automatica1ly cease to be a member of the ACC when he is no longer
an owner of a Lot. A majority of the munber of members presently on the ACC shalt constitute a
quorum to transact business at any meeting of the ACC, and the action of a majority present at a meeting
at which a quorum is present shall constitute the action of the ACC. Any vacancy occurring on the
ACC because of death, resignation, failure to maintain ownership of a Lot or other tennination of
services of any member thereof shall be filled by appointment by Developer, or if Developer is no longer
a member of the ACC, the then current members of the ACC or the survivor of them.
Section 2. POWERS AND DUTIES OF THE ACC. The ACC shall have the following powers
and duties:
1.
To recommend, from time to time, modifications and/or amendments to the Covenants contained
herein which shall be consistent with the provisions of this Declaration, and shall not be effective
until adopted pursuant to the provisions hereof.
2.
To require submission to the ACC of one (1) complete set of all building, construction and
development plans and specifications covering residential dwellings and other accessory
buildings and fences, the construction or placement of which is proposed upon any Lot, together
with a copy of any required governmental Permits (see Section 2, A1ticle VII). The ACC may
also require submission of samples of building materials and colors proposed for use on any Lot,
and may require such additional information as reasonably may be .necessary for the ACC to
completely evaluate the proposed structure or improvement in accordance with this Declaration.
Reviews shall be coordinated with required governmental approvals.
3.
To approve or disapprove any improvement or structure constituting a residential dwelling,
accessory building or fence, the construction; erection, performance or placement of which is
proposed upon any Lot and to approve or disapprove any exterior additions, changes,
modifications, or alterations therein or thereon and all other matters within the purview of the
ACC as provided by this Declaration. All decisions of the ACC shall be final.
4.
To approve or disapprove any change, modification or alteration to any improvement or structure
as herein above described, and the plans and specifications, if any, upon which such change,
modification or alteration is based, prior to commencement of construction of such change,
modification or alteration. If any improvement or structure as aforesaid shall be changed,
modified or altered without prior approval of the ACC of such change, modification or alteration,
and the plans and specifications therefore, if any, then, the Owner shall upon demand cause the
improvement or structure to be restored to comply with the plans and specifications, originally
approved by the ACC, and shall bear all costs and expenses of such restoration, including costs
and reasonable attorney's fees of the ACC.
6
ARTICLE VIL
BUILDING AND USE RESTRICTIONS
Section I. Land Use. No Lot shall be used except for residential purposes either as the site of a
residential home. No building shall be erected, altered, placed or permitted to remain on any Lot other
than a detached single-family dwelling not to exceed two stories in height (not including the basement or
lower level in the case of a walk-out) and a private garage (which shall be attached) for not less
than two (2) cars, except accessory buildings or structures and uses customarily incidental to uses
pennitted by applicable governmental zoning ordinances, provided that the exterior of any such accessory
buildings shall be finished in a neat, attractive manner with high- quality materials.
Section 2. Plan Approval. To achieve an overall compatibility and continuity of architectural
design of residential dwellings, copies of all building, construction and other development plans,
including landscaping plans and specifications showing the location of all improvements, together with
all specifications shall be submitted to the Architectural Control Committee (the "ACC" or the
"Committee") prior to the commencement of the improvement, together with renderings and elevations
if requested by the Committee. No building shall be constructed in the "NO BUILD Zone" as shown on
the Preliminary Plat drawing prohibiting building on and disturbing steep slopes. Approval shall not be
unreasonably withheld and shall be either granted or denied as soon as practicable, but in any event,
within thirty (30) days of submission of request which has attached all data required by the ACC to
enable it to make its decision. The issuance of a building permit, which may be in contravention of
these restrictions, shall not prevent the ACC, Developer, their successors, assigns, heirs and personal
representatives, or other Owners of Prope11y from enforcing these provisions.
Section 3. Buildings. All dwellings and other improvements constructed on any Lot in the
Subdivision shall be of good quality of workmanship and materials. All exterior walls fronting on any
street shall be aesthetically pleasing constructed of a significant percentage of stone or brick, and no vinyl
siding shall be used. When the construction of any building is once begun, work thereon must be
prosecuted diligently and completed within a reasonable time. No earth home or geodesic dome home
shall be erected upon any Lot. Passive solar designs and geothermal heating/cooling are encouraged but
not required. A laminated shingle or metal roof shall be used on all structures,. The roofline for all
residential dwellings must have a minimum 8/12 pitch, or otherwise be approved by the ACC. One
storage or recreational building including that housing an indoor pool or tennis court no larger than 2500
square feet may be constructed on each lot of a design, appearance, and location, contingent on ACC
approval. One additional smaller storage building or greenhouse to not exceed 20' x 30' may be also be
constructed contingent on ACC approval. Tree houses and other children's play equipment may be
constructed without prior approval of the ACC.
Section 4. Utilities. All utility and telecommunication transmission lines within the Property
other than those existing on the date of this Declaration and those hereafter installed by Developer shall
be installed and maintained underground. No broadcasting or receiving antenna or other similar apparatus
shall extend above the roof of a structure upon a Lot. Any receiving or broadcast equipment larger than
36 inches in diameter to be located outside the structure shall be screened from view from streets and
adjacent Lots.
7
Section 5. Signs. No sign of any kind shall be displayed to the public view on any Lot except:
one professional sign of not more than one square foot; one sign of not more than six square feet
advertising the property for sale or rent, or signs used to advertise the sale of Lots and new homes. All
signs and sales aids used to adve1tise the sale of Lots and new homes must be approved by the ACC.
Section 6. Temporary Structures. No structure of a temporary character, trailer, tent, shack,
shall be used on any Lot at any time as a residence either temporarily or permanently, nor shall any
structure of a temporary character be erected, used or occupied for residence thereof; nor shall any
building not completely finished on the exterior be occupied as a residence. All structures
constructed or placed on a Lot shall be completely finished on the exterior thereof within nine (9)
months after commencement of construction.
Section 7. Refuse. No Lot shall be used or maintained as a dumping ground for rubbish, trash,
garbage or other waste material. All waste materials accumulated in the normal course ofresidential usage
shall be kept in sanitary containers. AH such sanitary containers or other equipment for the storage or
disposal of such waste material shall be kept in a clean, sanitary condition, and suitably screened from
view from roadways or other Lots except on the day when refuse pickup is scheduled. No outside
incinerators, trash burners, nor garbage receptacles shall be installed or erected on any Lot.
Section 8. Noxious Activities. No noxious or offensive activities shall be carried on upon any
Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood. "Recreational equipment" is defined, for the purpose of this Declaration, as including
travel trailers, pickup campers or coaches, motorized dwellings, trailers, snowmobiles, fish houses,
all terrain vehicles (ATV1s), boats and trailers. No recreational equipment shall be used on any Lot for
living, sleeping or housekeeping purposes for more than 2 consecutive weeks at a time if owned by a
person(s) other than the Owner unless out of view of the roadways of Oronoco Territory. No
recreational equipment shall be parked on any street for a period longer than three (3) consecutive days.
In addition, no abandoned vehicle shall be parked on any Lot, or street for a period longer than three
(3) consecutive days. For the purposes of this Declaration, any automobile, van, motorcycle, or other
motorized vehicle, which is parked in the same location without use for more than seventy-two (72)
consecutive hours because of vehicle failure, or because of substantial deterioration causing the vehicle
to lose all, or virtually all, economic value, except scrap value, shall be presumed to be an abandoned
vehicle.
Section 9. Debris. Any owner of a Lot shall keep the Lot or Lots free of debris, whether such Lot
is improved or unimproved.
Section 10. Driveways and Walkways. Any portion of a driveway upon a Lot shall be
constructed of concrete, brick, bituminous or a combination thereof and walkway (sidewalk) upon a
Lot shall be constructed of concrete, brick, flagstone or a combination thereof.
Section 11. Set-Back Criteria. The set-back criteria shall be more restrictive than allowed by the
Zoning Ordinance of Oronoco Township. Front yard setback will be no less than 75 feet Side and rear yard
setbacks shall be no less than 30 feet Variances from this set back may be requested in writing to the ACC.
Structures and septic drain field systems must be installed in conformity with building and zoning regulations.
Section 12. Zoning. All improvements erected upon a Lot must confonn to applicable minimum R-1
zoning standards, including bulk and Lot coverage unless fmther restricted by these Covenants.
8
Section 13. Landscaping and Tree Requirements. The front and side yards as well as the first 10
feet of the back yard behind the house must be sodded or hydroseeded, and except for the location of a
Building, driveway or walkway, the rest of the entire Lot must be seeded (wild flowers or natural
grasses are acceptable) as soon as reasonably practical following construction of improvements to the
Lot, but not later than six (6) months after commencing construction of a residential dwelling upon a Lot.
The ACC may from time to time prohibit the planting of certain types of trees.
Section 14. Square Footage Requirements. The minimum size of the res idential dwelling upon
a Lot shall be 3,500 square feet total of all floors. Exclusive of one-story open porches, basements,
garages, and tlu-ee season porches, the minimum size of the residential dwelling upon a Lot shall
be:
a. 1800 square feet per level for homes constructed of a single floor or rambler style home;
b. 1400 square feet on the main floor and 2400 square feet of living area above grade for a two
story home; and,
c. All homes plans must be approved by the ACC on a case-by-case basis.
A reduction in the square footage with respect to any of the Lots may be granted by the ACC (at
the sole discretion of the ACC) at any time; however, such reduction shall be evidenced by a written
certificate of variance issued by the ACC.
Section 15. Animals. Dogs, cats and other pets may be kept, provided that they do not make
noise or odors perceptible by neighbors and are not kept for any commercial purposes and are housed in
the main dwelling, garage, or in a kennel attached to the rear of the residential dwelling. The kennel must
be screened from view from streets or adjacent Lots by cedar or redwood fencing or a material
specifically approved by the ACC. A kennel may not be constructed without specific written approval
from the ACC.
Section 16. Irrigation System . Lawn irrigation systems shall be zone control led with a maximum
flow at any given.time of nine gallons per minute (gpm) to ensure adequate water pressure for each
home for other water uses.
9
ARTICLE VIII.
ECOLOGICAL RESOURCES
Section 1: Covenant and Restrictions for Ecological Resources.
Goals: Prevent exploitation, destruction, and neglect of the ecological resources outside the building
envelopes.
Preservation and maintenance ofthe ecological resources outside the building envelopes.
Comply with all restrictive easements forpreservatlon ofthe ecological resources.
a. Drainage Easements and Storm Water Detention Pond maintenance.
• Avoid obstruction of storm water through the drainage easement and into the detention pond.
• Avoid traffic of motorized vehicles through the drainage easement and in and around the
detention pond.
• Avoid building any permanent or temporary structures on the drainage easement.
• Inspect regularly and maintain the integrity of check dams structures by removal of sediment
accumulated behind the dam as needed.
• Inspect and maintain the integrity of storm water pond by controlling erosion and removal of
sediment accumulated in the pond.
• Alltheownersoflots in Oronoco Tenitory Subdivisionandtheiragentsand employeesatall
times have the right of ingress and egress for the operation, maintenance, repair, improvement
and replacement of any of the drainage easements together with the storm water pond. The
foregoing applies to both surface and underground, running over, across and under said
easements.
• The owners of all of the lots in Oronoco Territory Subdivision shall contract with an
independent engineering professional to conduct biannual inspections of the storm water
facilities for the purpose of making recommendations for the operation, maintenance, repair,
improvement and/or replacement of any element of the drainage and storm water facilities
across and under said easements.
• All lot owners ofrecord in Oronoco Territory Subdivision shall share equally in the costof
biannual inspections and any recommended operation, maintenance, repair, improvement
and/or replacement of any element of the drainage and storm water facilities across and under
said easements.
• Follow management plan for protection and maintenance ofthese areas and structures.
Other references:
• Olmsted Soil and Water Conservation District Phone: 507-288-2850 Fax: 507-280-2858
b. Wildlife Easement Restrictions (See exhibit 2, "Wildlife Easement Exhibit")
•
•
•
•
No structures of any kind shall be constructed within the wildlife easement area.
Preserve native natural cover to prevent erosion. Do not disturb the natural vegetation.
Control noxious weeds but limit any chemical use.
All plantings in the easement area shall first be approved by the ACC.
10
•
•
•
No grazing of livestock shall be pennitted in the easement area.
No fencing that restricts wildlife movement shall be constructed in the easement area.
Cutting of trees shall be limited to the removal of dead trees.
Section 2. Ag.-icultural Impacts
Oronoco Territory Subdivision is located in the proximity of existing agricultural operations.
Impacts may include fann related odors, equipment noise and other related impact associated with
common fanning and agricultural practices. Property owners in Oronoco Territory Subdivision are
hereby made aware of these potential co~flicts.
Section 3. Drinking Water Safety.
Goals: Protect the health and well being of the residents of Oronoco Territory Subdivision.
a. Water Wells Goals: Maintain drinking water supply
• Test well water at least once a year for bacterial safety.
• Test well water at least every two years for nitrate or before giving to an infant.
• Test well water for other contaminants.
Reference:
• Minnesota Department ofHealth -Phone 507-285-7289
(b.ttp://www.health.state.mn. us/divs/eh/wells)
b. Septic SystemsMaintenance Goals:
• Maintain septic system in good working order.
• Avoid plantingtreesorshrubsonmounds on septic system
• Keep heavy equipment off drainfield site to prevent compaction.
References:
•Septic System Owner's Guide. UMN Extension Services, 1995.
• http://www.extension. Uum.eduldistribution/naturalresourcesDD6583.htm/
• http://www. extension. umn. edu./distribution/horticultureDG6986.htm
Usefull Information
(Reference: Septic System Maintenance developed by Cornell Cooperative)
Your Septic System
If you are a submban or rural resident, you probably depend on a septic system to treat and dispose of your
household wastewater. The purpose of a septic system is to treat liquid wastes from your house in order to
prevent contamination ofyour well and nearby lakes and streams.
When aseptic system is:
Suitably located
Properly designed
Carefully installed
Adequately maintained
11
You will have a waste disposal system that is:
Effective
Economical
Safe
Maintenance is the key to a lasting septic disposal system. Read and use this information to learn:
How a septic system works
Why and how to adequately maintain your septic system.
How to keep your own maintenance record
How your septic system works;
Aseptic system has two basicworking parts:
1.
The Septic tank-Wastewater flows from the house into the septic tank. Here heavy solids settle
and are partially decomposed by bacteria to form sludge. Light solids and grease floatto the top
forming a scum layer.
2.
Soil Absorption Field-Partially treated wastewater is discharged from the septic tank through
perforated pipes into an absorption field. Here, the water is further purified by filtration and
decomposition by microorganisms in the soil. This is the last line of defense to prevent polluted
water from entering lakes, streams, and groundwater.
Why maintain your septic system:
Wastewater leaving your house comes from the tub or shower, washbowl, toilet, kitchen sink, clothes
washer and dishwasher. Itcarries chemicals, solids, grease, dirt, and bacteria and viruses, which can
cause disease. A good septic system treats and disposes the wastewater. A failing septic system
cannot perfonn these tasks, so pollution of drinking water wells and streams and lakes can result.
Even a properly designed and operated septic system will fail prematurely unless the sludge and
floating scum_are periodically pumped from the tank. Routine maintenance and a little common
sense protect your investment and insures against the high cost of premature failure.
Pumping out your septic tank:
Generally, septic tanks should be cleaned out every 3 years, depending on the size ofthe tank and the
amount and quality of solids entering the tank. As aruleofthumb, the clean-out interval is determined
on the basis of 100 gallons oftank capacity per person per year. For example, a 1000 gallon tank used
by a family of four should be cleaned after 2.5 years[lOOO -(100 x 4)] Note: Use of a garbage
disposal increases solids loading by about 50%. Garbage disposals are not recommended
to be installed.
Checking sludge and scum build-up can be an unpleasant task. The best suggestion for most
homeowners in determining a maintenance schedule is simply to have the tank pumped at regular
intervals. The cleaning of a tank is usually done by a commercial septic tank cleaning service.
12
Finding your septic system:
In order to maintain your system, the tank needs to be accessible for pumping and the drainfield
should be protected. Locating your system is not always an easy task. Ifthe access manhole to the
tank is at ground level, there is no problem. Unfortunately, these manholes are often buried under
lawns.
To locate your system, go into the basement and fmd where and in what direction the sewer pipe
goes out through the wall. The tank can be traced back from the drainfield by checking the yard for
an area where the grass doesn't grow or grows very well, or for slightly depressed ormounded areas.
Any Jikelysitecanbeprobed withathin metal rod.
Ifyou are unable to find the tank, your local septic tank pumper will find it when he comes out to
pump. Do not plant shrubs or trees to mark the location. Once your septic system is uncovered, be
sure to makeamap of the location.
Evaluate your septic practices;
As a homeowner, you have a tremendous impact on the efficiency of your septic system. Evaluate your
maintenance practices based on the suggestions below:
1.
Safe Disposal:
Do not put substances such as motor oils, gasoline, paints, thinners and pesticides in drains.
These materials may pollute the groundwater and are toxic to microorganisms, which maintain
an active system. These materials should be disposed of at a county household hazardous
waste facility.
Moderate use of household cleaners, disinfectants, detergents or bleaches will do little harm to the
system, but remember that where there is a high density of septic systems, there may be a
cumulative impact on groundwater from household cleaners.
Fats, grease, coffee grounds, paper towels, sanitary napkins, disposable diapers, etc., will clog
your septic system.
2.
Protect the Absorption field
Keep automobiles and heavy equipment offthe absorption field.
Grass cover and shallow rooted plants are beneficial over an absorption field, but the deep
roots of trees and shrubs stress and may plug nearby drain tiles. Do not fertilize the soil above
the drainfield. Gardens are not acceptable. Grass on the surface of an absorption field should be
mowed regularly to promote evaporation and transpiration.
3.
Conserve Water
Remember to consider the capacity of your septic system when installing new appliances or
plumbing.
Limitthe water entering the tank. Use water savings fixtures. Repair toilet float valves, dripping
and leaking faucets. Spread clothes washing over the entire week. Do not connect rooftop
drains, a basement sump pump, or footingdrainstotheseptictank.
13
4.
Avoid septic tank additives
Yeasts, bacteria, enzymes or chemicals are sold with the claim that they help a system work
better~ however, there is no scientific evidence that additives are effective. In fact, some
cleaners can allow the solids in an overloaded tank to be re-suspended and clog the drainage
lines and soil absorption field. Additives arenotanaltemativetopropermaintenanceanddonot
eliminate the need for routine pumping ofyour septic tank. Commercial biological additives are
not needed to begin decomposition after pumping become the sludge residue contains active
microorganisms.
Recordkeeping
1.
2.
3.
Make a rough sketch locating your septic tank and absorption field in relation to surrounding
reference points. Begin by sketching your house, driveway, water well, and other landscape
features such as trees, rocks, or fences.
Measure and record distances from your house to the cover ofyour septic tank and to the comer
of your absorption field, if possible. As long as the distances are correct, do not be concerned
whether or notthe drawing is to scaJe.
Keep this information on file as a permanent record for use in maintenance and to pass on to
subsequent owners.
Maintenance Record
Keeping a record of your septic system maintenance experience will help you anticipate when the next
cleaning may be needed.
SizeofTank: _ _ _ _ _ gallons
Date
Work Done
Firm
14
Cost
Septic System Installer:
Septic System Plumber:
Name:_ _ _ __ _ _ _ _
Name: _ _ __ _ _ _ _
Address: - - - - - --
Address: - - - -- - -
Phone:
Date instalted:
Phone:
15
ARTICLE IX
GENERAL PROVISIONS
Section 1. RULES AND REGULATIONS. The Association shall have the power to adopt rules
and regulations not inconsistent herewith governing the use of Lots, including, without limitation,
regulations related to, parking, storage (of vehicles or other property), the posting of signs, and the raising
or keeping of domestic animals.
Section 2. NOTICES. Any notice required to be sent to any Member or Owner under the provisions of
this Declaration shall be deemed to have been properly sent when mailed postpaid to the last known
address of the person who appears as Member or Owner on th,e records of the Association at the time of
such mailing.
Section 3. ENFORCEMENT. In the event any Owner fails to comply with the provisions of this
Declaration, or the Bylaws or Articles of Incorporation of the Association or with decisions of the
Association which are made pursuant thereto, such failure will give rise to a cause of action on the part
of the Association, or any aggrieved Owner for the recovery of damages or for injunctive relief, or both.
Owners shall have a similar right of action against the Association. Enforcement of these covenants and
restrictions may be by any proceeding at law or in equity.
Section 4. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no wise affect any other provision which shall remain in full force and effect.
Section 5. RIGHT OF APPEAL. The Association shall be required to act with reasonableness in any
activity it undertakes regarding matters addressed in this Declaration. All decisions of the Association
including those of the ACC may be appealed in writing within 30 (thirty) days of the decision. If the original
decision is confirmed by the same processes discussed above, the decision will be considered final and
not vulnerable to repetitive appeal.
Section 6. DURATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS. The
covenants, restrictions and easements of this Declaration shall run with and bind the land and shall inure to
the benefit of and be enforceable by the Association or the Owner of any Lot subject to thisDeclaration, or
their respective legal representatives, heirs, successors and assigns. The easementsset forth herein shall
be perpetual. The covenants and restrictions herein set fmth shall have a term of fifteen (15) years from
the date this Declaration is recorded, after which time, said covenants and restrictions shall be automatically
renewed for successive periods often ( 10) years. The covenants and restrictions of this Declaration may
be amended at any time by an instrument signed by not less than sixty-seven (67%) percent of the Lot
Owners and thereafter by an instrument signed by not less than fifty-one ( 51 % ) percent of the Lot
Owners. Any amendment must be properly recorded.
Section 7. DECLARANT'S LIABILITY. Declarant, its successors or assigns, shall not be liable
for damages to anyone submitting plans for approval or to any Owners of land covered by this instrument
by reason of mistake in judgment, negligence or nonfeasance ofDeclarant, its successors, assigns, heirs or
personal representatives, arising out of or in connection with the approval or disapproval, or failure to
approve any plans. Likewise, anyone submitting plans to Declarant and the ACC for approval by
submitting of such plans and any Owner by so acquiring title by foreclosure to any of the property
covered hereby, agree that they will not bring any action or suit to recover for any such damages against
Declarant, its heirs, personal representatives, assigns, or the ACC.
IN WITNESS WHEREOF, the undersigned have hereunto set their han ds and seal as of the day
and year first above written. By: Dale R. Allen, Charlotte A. Allen, husband and wife, Corey R. Allen,
16
.tlarbara J. Allen, husband anct wlte, uevelopers.
Dale R. Allen
Corey R. Allen
Charlotte A. Allen
Barbara J. Allen
On this
day of
, 2015, before me, a Notruy Public within and for said County of
Ohnsted and State of Minnesota, the above personally appeared, to me personally known, who, being by
me duly sworn did say that they are the land developer of ORONOCO TERRITORY, and that said
instrument was signed and sealed on behalf of said owners acknowledged said instrument to be the free
act and deed of said owners.
17
EXHIBIT I
ORONOCO TERITORY PLAT
18
EXHIBIT II
WILDLIFE EASEMENT EXHIBIT
19
WILDLIFE EASEMENT EXHIBIT
PART OF THE SE1/4, NE1/4
SEC.7 T108N, R14W
OLMSTED COUNTY, MINNESOTA
BEARINGS
400
I
This azimu th system is based on
the Olmsted County NADB,J {1996)
coordinate sy stem measured
clockwise from oo·oo'oO" North.
.-£1 ..· .•i
....
....1
•
.....•
A.I•
,·
lVEJ.~/4
/ I ~=14•53' 49tt
:·:·
I
R=749.20
---·'::::--L= 194.79
••• •.J.J'
P.0.8.
.
CHORD= 194.2~
CHAZ= 184.52'16"
~: - -- -:··::. - 269'26'37 "
EXIST. 66' ROADWAY ANO
_..\\
10' UTILllY EASEMENT
/"\
DOC. NO. A-1356852 , \)~·
, <::>
\
269~;6'37"·
. .
I
\
587.45 ··· -·
x~,~~s~f1
129.02
SHEET 1 OF 2
PROJECT NUMBER_-=1;.,;;2"""
00;;.;:6.,,..,
- _,,,,
14,__
12006EASE03.0WG
DATE OFSURVEY_ _~
l 2.,__
/~12.,__/~
1 4~
DRAFTEDBY_
SURVEYED BY
_ __
_,C=.0=.M=·-•
SEH- YAGGY
·--~~=~·
SURVEYED FOR
DALE ALLEN
I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR
REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISIO N AND THAT I AM A DULY
LICENSED LAND SURVEYOR UNDER THE LAWS
OF~NESOTA.
~ {)--~~
SEH
v.t.·GGY
11"1
CHRISTOPHER 0. MUNN, PLS
_J_.)...:../_!~
...:./_.1_,_'f_ _ __ ___4_5_
B1_8
DATE
~
NUMBER
PHONE: 5 0 7.288 . 6 4 6 4
7 17 THIRD AVENUE SE
ROCHES!ER, MN 55904
www.sehmc.com
WILDLIFE EASEMENT EXHIBIT
PART OF THE SEl/4, NE1/4
SEC.7 T108N, R14W
OLMSTED COUNTY, MINNESOTA
Wildlife Easement Description
A w17dlife easement over, under and across that port of the Soufhea$t Quarter of the Northeast
()uorter, Section 7, Township 108 North, Range 14 West, Olmsted County, Minnesota lying west of the
westerly right-of-way line of 2nd Avenue NW (formally CSAH 18) and east of the following described
line:
Commencing of the southeast corner of sold Southeast Quarter of the Northeast
Ouorter; thence westerly on the Olmsted County NA083(96) azimuth system 269
degrees 26 minutes Jl seconds azimuth along the south line of said Southeast
Ouorfer of the Northeast Ouorter o distance of S81.46 feet to the point of beginning
of the line to be described; thence northerly 4 degrees 35 m1'nufes Jl seconds
azimuth 809.80 feet; thence northerly 359 degrees 57 minutes 26 seconds azimuth
508.68 feet to the north line of said Southeosf Quarter of fhe Northeast Ouorfer and
there ierrm'nofing.
Soid tract contains 5.86 acres more or less.
SHEET 2 OF 2
PROJECT NUMBER
120Q ~- 14
12006EASE03.0WG
DATE OFSURVEY
DRAFTED BY
SURVEYED BY
12L12L14
C.D.M.
SEH- YAGGY
SU!MYEDFOR
DALE ALLEN
I HEREBY CERTIFY THAT THIS SUR\IEY, PIAN OR
REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM A DULY
LICENSED lAND SURVEYOR UNDER THE lAWS
OFT~~ESO~,~
CHRISTOPHER 0 . MUNN, PLS
;~);:>/l':f_
DATE
45818
NUMBER
~------------
·-··- - ··- -·-···
(space intentionally shown above line for recording information)
WELL DECLARATION AND DEDICATION OF EASEMENT
Dated:
Property: Lots 1, 2, 3,4,5,6, and 7, Block l, ORONOCOTERRITORYSUBDMSION, 01.msted
County.
THISDECLARATIONisenteredintoeffective
,2015, byCorey R. Allen,
Barbara J. Allen, husband and wife, Dale R. Allen, Charlotte A. Allen, husband and wife,
("Developer"),thefeeownerofcertainrealestate in Olmsted C01mty legally described above.
1.
Definitions. As used in this Agreement, the following terms have the meanings
desc1'ibed below:
"Lot" or "Lots" means one or more of Lots 1,2,3,4,5,6, and 7,Block 1,0RONOCO
1ERRITORYSUBDIVISION, Olmsted County, Minnesota.
"Owner" means the Owner of a Lot. Whenever a Lot has multiple owners, they are
collectively the Owner of that Lot and must act as a single Owner for all pmJ>oses under
this Agreement.
"ORONOCO TERRITORY SUBDIVISION" means of Lots !through 7, Block 1,
ORONOCO TERRITORY SUBDIVISION, Olmsted County, Minnesota
2.
Initial Installation and Use. At its sole expense, the Developer will drill and
install a single water well and pumping system (the "Well and Pump") within the utility
easement between lot 4 and lot 5, Block 1. A separate meter will be installed to measure the
quantity of electricity required to operate the Well and Pump. Except as otherwise provided in
this Agreement, the Well and Pump will be designe,d, maintained and used to supply all water
reasonably required on and about each Lot so long as the Lot is used only for singlefamily
residential purposes.
a.
Main Service Lines. At its sole expense, the Developer will installunderground
water service lines from the Well and Pump to the lot line of each Lot to be served by the Well
1
and pump("Main Service Lines"). At the Developer's option, some or all ofthe Lots may be
served by one ormore common lines.
Individual Lot Service Lines. Each Lot Owner must atthe Owner's sole expense
b.
install and maintain an underground service line on that Owner's Lot from the Main Service Line
to the Owner's dwelling.
3.
Easements and System Maintenance. Developer declares that the purpose and
useofthe utilityeasementsshownonthePlatof Oronoco Territory Subdivision willincludethe
installation, repair, maintenance and replacement of (i) the Well and Pwnp, and (ii) the Main
Service Lines. The Owners, their successors and assigns, will have reasonable access to (i) the
Well and Pump, and (ii) the Main Service Lines, for the purpose ofinspecting, repairing,
maintaining orreplacingthe any components ofthe Well andPwnp. All expenses related to
repair, maintain or replace (i) the Well and Pump, and (ii) the Main Service Lines, will be borne
equally bythe Owners. ·
"Maintenance" include all normal costs incurred to keep the Well and Pump andMain
Service Lines in good normal operating condition and replacement of anypait or parts ofthe
Well and Pump and Main Service Lines required to maintain the correct and proper operation of
the entire system.
The Owners will share eqUallyin the cost ofmaintenance, including repairs, testing,
inspection and disinfection, system componentreplacement due to wear, obsolescence,
incrustation or corrosion; and for system improvement to increase the serviceable life ofa
material or component, to restore well yield, orto provide necessary system replacement or
improvement ofthe system elements to maintain its original performance levels.
All Owners must consent prior to the performance ofmaintenance, replacement orrepair
onthe Well and Pump andMain ServiceLines~provided that, in the case ofan emergency
(defmed as the occurrence of a breakdown or failure of any portion ofthe system required to
deliver water upon demand occurring when allparties are not present or available to consent),
suchrepairs may be made by one or more Owners and the expense for such emergency repair
will be paid or reimbursed equally by all Owners.
The Owners will share equally in the cost ofrepairing damage to the Well and Pump and
Main Service Lines caused by persons other than a resident or guest ofan Owner.
Any Owner may request, at that Owner1s initial expense, that a water sample be
submitted for testing by the County Health Department. If such testing reveals that the water
quality does not meet minimum health department standards, correctivemeasureswill be
implemented immediately to correct such deficiency. The Owners will share equally in the
expense of such corrective measure and will reimburse the Owner who initially requested the
testing for the testing expense.
4.
Individual Maintenance and Use. The Owners will be solely responsible for
the maintenance, repair orreplacement oftheir respective Individual Lot Service Lines. When
any excavation or disruption ofthe land ofothers is done by an Owner forthe maintenance and
repair ofthe Individual Lot Service Lines, the Owner undertaking such repairs will restore the
2
land so excavated or disrupted to the condition it was in prior to such work atthe Owner's sole
expense and without contribution from other Owners.
Each Owner will be responsible for the prompt repair ofany detected leak in that
Owner's Individual Lot Service Lines orplumbing system and for repair costs to correct any
damage to the Well and Pump· or Main Service Lines caused by a resident or guest ofthe Owner.
No Owner will locate orrelocate any element ofan individual private sewage disposal
system within (i) 50 feet ofthe well site or (ii) no closer than pennitted by Olmsted County
Health Authorities if such·authorities require a greater distance between such disposal system
and well site. No Owner will install or construct landscaping improvements thatmayimpair the
use and maintenance ofthe Well and Pump or the Main Service Lines.
The use ofwater from the Well and Pump will be unlimited for bona fide domestic
purposes for a single family dwelling on each ofthe Lots. No Owner may connect an additional
living unit to any part ofthe shared well system without consent ofall Owners.
Any removal and replacement of pre-existing site improvements, necessary for system
operation, maintenance, replacement, improvement, inspection ortesting will be done at the cost
ofthe <:Mm; except that costs to remove and replace common boundary fencing or walls will be
shared equally between or among the parties.
5.
E lectrical Service and P ayment: Lien. A single electric meter will be
installed and maintained to measure the electricity used in pumping water supplied to the Lots.
Each Owner will pay an equal share ofthe total costs, on an annual, semi-annual, quarterly or
monthly basis, as provided for in the Declaration of Covenants, Conditions, and Restrictions
of Oronoco Territory Subdivision. Provided. in the event any Owner uses adisproportionate
amount ofwater for such purposes as, but not limited to, a swimming pool or an automatic lawn
sprinkler system. then the other Owner's share may be adjusted to account for the increased of
cost ofthe disproportionate use. In the event ofa dispute as to the use ofthe water, each Owner
will be required to install a meter to measure the water consumption with respect to each Lot.
After receiving the utility's billing statement for the well electric service, the Owner ofthe
Lot upon which the well site is located will notify the other Owners ofamount of said billing.
Uponreceipt, the remaining Owners will promptly pay their share ofthe total utility charge.
Suchpayment must be delivered within ten (10) days ofthe receipt ofnotice such costs. · In the
event ofthe failure to pay such costs, the remaining parties may take action at law or equity to
enforce the payment of such costs; until paid, the respective share ofthe utility expense will be a
lien against the applicable Lot.
6.
Discontinuance of Use. The Owner ofany Lot may install an individual well
and pumping system at anytime or to connect with amunicipal water system when available
and, upon the happening ofeither, the rights, obligations, covenants and restrictions set forth in
this Declaration with respect to such Owner will become null and void except that any easements
required for the remaining Owners' continued use ofthe water system will remain in full force
and effect. An Owner who wishes lodiscontinue suchuse will provide prior written notice of at
least 90 days to the remaining Owners. Upon such discontinuance ofuse by any Owner, all of
that Owner's ownership, contract, and easement rights as well as those of the Owners' heirs,
successors, and assigns will terminate with respect to the Well and Pump, the Main Service Lines
and easements herein described
3
7.
Condemned or Drv Well. In the event the well (I) runs dry, or (ii) is
condemned and its use prohibited by proper governmental authorities, the Owners will be
released from all obligations under this Declaration unless they each agree in writing to share
the expense ofanew system and agree to adopt the tenns and conditions ofthis Declaration. In
the event that the parties do not so agree, the costs ofabandoning all or any part ofthe shared
system, including proper sealing ofthe well, will be shared equally by the Owners.
8.
Arbitration. Inthe event any dispute arises concerning the maintenance,
repair or operation ofthe water system, the Owners will submit the dispute to binding
arbitration through the American Arbitration Association or any similar body. The submission
ofsuch dispute maybe made by any party at anytime. The dispute will be arbitrated by such
arbitrators pursuant to Minnesota Law and the resulting decision will be binding on affected
Owners. The cost of such arbitration will be borne equally by the Ownersexceptthatthe costs
ofenforcing the arbitrator's decision on a defaulting Owner, including reasonable attorney's
fees, will be paid solely by said defaulting Owner.
9.
Binding Effect. This Well Declaration and Dedication ofEasements
supersedes and replace all prior agreements or declarations and all prior agreements or
declarations are hereby revoked and of no further effect. All right, title and interest described
herein, together with obligations ensuing therefrom, shall run with the land and shall be
binding upon the heirs, executors, administrators and assigns of all the Owners.
IN WITNESS WHEREOF,theundersigned, as Declarant, has caused this
Declaration to be signed the day and year first above written.
Dale R. Allen
Corey R. Allen
Charlotte A. Allen
Barbra J. Allen
STATE OF MINNESOTA
COUNTY OF OMSTED
The foregoing instrument was acknowledged before me this __ day of _ _ _~
2015, by Dale R. Allen and Charlotte A Allen, husband and wife, and Corey R. Allen
and Barbara J. Allen, husband and wife.
Notary Public
4
Minnesota - Pollution Control ~
1cy
Page 1of1
Minnesota Pollution
Control Agency
Thank you for your payment on your permlt appllcatlon. Please print a copy of this page for your records.
Please keep a record of your Confirmation Number, or print this...PS!illl. for your records.
Confirmation Number MN.PPCA-000011890-
Payment Details
Descrlptaon MN Pollution Control Agency
Stormwater Permit
http://www.pca.state.mn.us/
PC1yment Amouni: $400.00
Payment Date 07/31/2014
· Status PROCESSED
Payment Method
Payer Name DALE ALLEN
Card Number *1957
Card Type Master Gard
Approval Code 17369Z
Confirma tion Email DALEA102@MSN.COM
Billing Address
Address 1 1580 102 ST NW
City /Town ORONOCO
State/Province/Region MN
Zip/Postal Code 55960
Country USA
L~-,.. ..
11.---..-.. -... ....... ....._• - - ·· --",_ ...... -... ...! .....- - ......._ .. /.._._ .... .:_ 1_ ... _._ .... .........L. -
- ... - ~ ----
- "'.!. - --
I .. -
Minnesota Pollution Contr ol Agency
520 Lafayette Road North
Saint Paul, MN 55155
Construction Stormwater Permit Application
Project lnfonnatlon
Project Type: , .
·.
.f?>J9j~ct· l\{ame: .' ': . .
., .,.:,
Project Loc?itlon:
Street Address; ; •','
Clt}I Stat€\ Zjp;
.
· County p,arcel.ID:
Project Size:.
Existing lrnperviou.s:
Resulting .Impervious:
Start Date:
Est. Complete Date:
Mgmt. Method:
..
'•
Residential/Road Const
ORONOCO TERRITORY SUBDIVISION
SEC. 7 ORONOCO TWP.
Oronoco MN 55960
3.5 acres
0 .1 acres
1.8 acres
8/10/2014
11/1/2014
Wet sedimentation basin
Project Location · Counties, Cities, Townships
..
County:
City:
Township:
',·;,
Project Location · Geographic Coordinate Measurement
Olmsted
Oronoco
Oronoco
Latitude:
Longitude:
44.175743
-92.542706
Waterbodies
oesc~p~io~ . r·:.>:
':· · ~·:, ·- Name"
. . , _. .. , .· \ , ·' ·• " ... SpeCl~I W?Jler 1
y
ZUMBRO RIVER
..
River
: Impaired WaJe.r . ",
y
Permit Identification and P~yment Information
Transac\ion ID:.
~!)JgY,ry!:
f~ft"''
.
69484149
.. $400.00
,
)
..
·~
(,
..
7/3112014
Page: 2of: 2
Minnesota Pollution Control Agency
520 Lafayette Road North
Saini Paul, MN 55155
construction Stormwater Penn it Application
Project: ORONOCO TERRITORY SUBDIVISION
PAYMENT CONFIRMATION PENDING
1. Stonnwater Pollution Prevention Plan (SWPPP)
a. A Stormwater Pollution Prevention Plan been developed for this project and Incorporated into the project's plans and specifications as
required In the Gen~ral Sformwatar Permit [Part Ill.A)
b. If an environmental review was required for this project or any part of a common plan of development or sale that Includes this project,
said reylew has been completed and all Slormwater related mitigation measures contained In the review have been Incorporated into the
SWPPP [Part lllA6J
2. Dlsc~rges to Special or Impaired Waters
a. Any portions of the project having a discharge point within one mne of a special waf<ir or a water that is impaired for sediment, or a
sediment related parameter of the permit are included In the SWPP {Appendix A, Part A·C)
b. Any portions of the project discharging to a Calcareous fen have an approval letter from the DNR [Part lllA.8]
Applicant's Role In the Project
~
Owner of Project or Site (company)
O
O
Operaior/G ~neral
Contractor
3rd party Agent on behalf of Permittee
Owner Permittee
Business N~m~: ·'. · ORONOCO TERRITORY DEVELOPMENT
Bu!liness·TyP,0: · Private or Non-Gov't
.. DALERALLEN
Name: ·
E-m(!il Address: DALEA102@MSN.COM
T!!lephone:
507.281.1834
Mailing·Address: · 1580102 ST NW
City Stale Zip:. I ORONOCO MN 55960
Owner Construction Site Contact
'.
Name:
.. ·' ·' DALE ALLEN
DALEA102@MSN.COM
f:·l'IJll!l:_A1:1CJr.~§}i1
Telephone:·
~·-r 507.281.1834
Contractor Permlttee
Contractor Construction Site Contact
DALE ALLEN
Private or Non-Gov't
.Buslnesinype:
"
_t;!am.e:.· '.( · '; , ,, DALE ALLEN
~ALEA102@MSN.COM
E-mail Address:
.• 507.281.1834
1el"'l?l:iorie:. ·;
_Ma!lihg .f,.d,dress: 1580102 ST NW
ORONOCO MN 55960
pi!Y.;:lfate·z;rp;
,!3\Jsln~_ss. N.~rre:·,.:'.
·.;
.Name:...:.::·,.-.;.:··'.": DALE ALLEN
E·mall l>:dqr~s~: '.' DALEA102@MSN,COM
.Telephor,ie:· .· .: ,•, 507.281.1834
3rd Party Appllcant ·NOT APPLICABLE
7131/2014
Page: 1of:2
.,
..
Doc No. A- 1356852
11111111111 mm
OFFICE OF COUNTY RECORDER
OLMSTED COUNTY. MINNESOTA
I hereby certify that this document was filed In this office
for record on --October 13, 2014 1:45 PM
W. MARK KRUPSKI· Co. Recorder
bydoputv: ms
Well Certificate: _ _ Abstract: _
Fee: $46.00
OHLY LAW OFFICE
1850 NORTH BROADWAY
ROCHESTER, MN 55906
pt-NE.-1'1£ ~) 1)..-/08'·1'-f
8~.o'l.c.f/ •OtOC/12
UTILITY AND ROADWAY EASEMENT
This Indenture, made this _q .. day of October, 2014, by and between Dale R. Allen and
~I\
Charfotte A. Allen, husband and wife; and Corey Allen and Barbara Jean·Allen, husband and
wife, hereinafter referred to as Grantors, and Oronoco Township, a politieal subdivision of the
State of Minnesota. hereinafter referred to as Grantee,
WI'INES.SETH, in consideration of the payment of One Dollar and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors
do hereby dedicate to the public and do hereby grant, bargain, sell and convey to Grantee a
permanent easement for all lawful public street and utility purposes, including, but not limited to
grading, construction, inspection, maintenance, repair and use of a public road and right-of-way,
and uses and rest.ri.ctions incident thereto, together with the
unres~ricted
right to improve the
same, in, under, over, and upon the following described land in Rochester, Minnesota, to-wit:
See attached Exhibit for legal description
Grantors do hereby grant and convey to Grantee aII grasses, shrubs, trees, and other
natural growth now existing on the real property described on the attached Exhibit or that may
hereafter be planted or grown thereon, and the right to use and remove all earth and other
materials lying within the real property described on the attached Exhibit.
Granters do hereby covenant with Grantee that they are lawfully seized and possessed of
the real estate described on the attached Exhibit, that they have a good and lawful right to convey
the same, that the said real estate is free from all encumbrances, and that they will forever
warrant and defend the title thereto against the lawful claims of all persons whomsoever.
IN WITNESS WHEROF, Grantor has caused this instrument to e executed on the day
and year written below.
/)J till_
~
Dale R. Ailen
~11A~
Charlotte A. Allen
STATEOFMINNESOTA
)
)ss
COUNTY OF OLMSTED
)
\1L
q
The Foregoing instrument was acknowledged before me this _ _ day of October, 2014,
by Dale R. Allen and Charlotte A. Allen, husband and wife.
\ ,
C' /
•"NJ'«/l/ll>A'(;
,___)_
-->.f
~~"',·~NJ..ji\fJi'Eso1~Lv
l.
Pub!lc-Mlnnoso1a 1.
~F.'(l\llC'J·lnl'~1.l101!il
t7.
Notary Public
~ ~·
'I/It
.
. ~l\""-"'"r· ,
~.,~· ~ ",,....,l\~...'"'-~~t\•r•f\.¥-.Y"-.lltt;
STATE OF MINNESOTA
)
COUNTY OF OLMSTED
)
)ss
The Foregoing instrument was acknowledged before me this
by Dale R. Allen and Barbara Jean Allen, husband and wife.
~v~~(,J\•V.:VJ.JAMES~o~i~v~M'.i.
~~ ~.~
"~.
fa...
Nomry Publlo-Mlnnfll'..ota
l
' My Q>'llmlr.Wllf.:1?"""1·1Rn!l1,l'Cl1 ~~
.
i 1 ;"('!/'•Jt/¥""•~/".<\;,,.,.....~,V'fV'-I""'~"':""'"'"'
TIDS INSTRUMENT DRAFTED BY
PaulM. Ohly
Attorney at Law
1850 North Broadway
Rochester, MN 55906
507-289-4529
~
N t
0
ary
~II)_ day of October, 2014,
----1
pU bl'IC
PUBLIC RIGHT-OF-WAY EASEMENT
PART OF THE NE1/4 OF THE SW1/4
SECTION 7, Tl 08N, R14W
OLMSTED COUNTY, MINNESOTA
BEARIN.fiS
o
Bearings ore Minnesota State
Plane Grid Azlmufhs muosured
to the r{ght from grid north.
NAO 83(96}
.
200
I
0
•
MONUMENTS
Set 1/2" R~bors
Set 3/~" Iron Pipes
Found Alon11menfs
(Plpe, Hod, etc.)
All monuments set hove a plastic
cop stomped l.S. 45818.
!vEJ .. ·~·.l7
SHEET 1 OF 2
I HEREBY CERTIFY THAT THIS SURVEY, PlAN OR
-~-~-• REPORT WAS PREPARED BY ME OR UNDER MV
DJRECf SUPERVISION AND THAT I AM A DULY
LICENSED IAND SURVEYOR UNDER TI-IE LAWS
·--.u<J-LJ<J-J-"-•
·-------"'=-•
OFrr;z;rESO; ~
CHRISTOPHER D. MUNN, PLS
'- --"""IJ'-W""-'--•
J0 /;l)/;'f
DATE
'
~
'"
45818
NUMllER
PHONE: 507.288.6464
717 THIRD AVENUE SE
SEH
VAC
, GY ROCHESTER, 1.4N 55904
www.seh1nc.com
. . . .. ···--·-·----·-··· ·- ····· - · -·· · - - - - - - -
PUBLIC RIGHT-OF-WAY EASEMENT
. '
PART OF THE NE1/4 OF THE SW1/4
SECTION 7, T108N, R14W
OLMSTED COUNTY, MINNESOTA
...........
Public Right-o[- Wav Easement Description
A 66.00 fO()f wide easement for puhlic n'ght-of-woy purposes ovet; under and across port
of the Northeast Quarter of the Southeast Quarter of Section 7, Township 108 North, Range
14 West, Olmsted County, Mlnnesota. Thfl centerline of said easement ls described as
follows:
Commencing at the northeast corner of said Northeast Quarter of the Southeast
Ouarter,· thence westerly on o Minnesota Sfate Plone Cn'd Azimuth from north of
269 degrees 26 minutes 37 seconds along the north line of said Northeast
Quarter of the Southeast Quarter a distance of 764.Jl feet to the point of
beginning of said easement centerline/ thence southeasterly 200.0J feet along a
non-tangential curve concave to the northeast hovlng a radius of 200. 00 feet,
a central angle of 57 degrees 18 minutes 19 seconds and o chord ozlmuth of
136 degrees 07 minutes 42 seconds/ thence easterly 55.11 feet along a
compound curve concave to the north havlng a radius of 150. 00 feet and o
central angle of 21 degrees 16 mlnutes 46 seconds,· thence easterly 80. JO feet
along a reverse .curve concave to the south hovlng o rad/us of 150.00 feet and
a central angle of 30 degrees 40 mlnutes 18 seconds; th.ence easterly 40.40
feet along a reverse curve concave to the north having a radius of 100.00 feet
and a central angle of 23 degrees 08 minutes 51 seconds,· thence easterly 93
degrees 43 m/nutes 12 seconds ozlmuth 30.85 feet to the wester/y
rlght-of-woy lln'e · of 2nd Avenue NW (formally known as CSAH 18 or Old
Terrifodo/ Sa/nt Poul Rood) and there termi'noting.
The side lines of said
easement shall be prolonged or shortened to intersect with the said westerly
dght-of-way llne of 2nd Avenue NW and the north line of said Northeast
Quarter of the Southeast Ouorter.
Sold pub/le r/ght-of-way easement contolns 0. 62 acres more or less,
TOCETHER WITH a 10.00 foot wide utility easement, over, under and across sald Northeast
Quarter of the Southeast Ouorter adjacent to and attached to the outside of the westerly
and southerly side line of said public n'ght-of-way easement. The side lines of said ut//ify
easement shall be prolonged or shortened to intersect with the said wester/y right-of-way
l/ne of 2nd Avenue NW and the north l/ne of said Northeast Quarter of the . Southeast
Quarter.
Sold utility easement contains D.11 acres more or less.
11113/2014
Outlook.com - dalea102@msn.com
RE: ORONOCO TERRITORY
SUBDIVISION%E2%80%8F
Joyal, Lisa (DNR)
Add to contacts 8/19/14
To: dale allen
FYI, I did a quick check and there are no known occurrences of
any state-listed species in the SEX NE X of Section 7 other than
historical
plant record of which the exact location is unknown.
This email does not substitute for a Natural Heritage Review,
which will be needed if the project is going through formal state
environmental review (e.g., an EAW).
Thank you for checking,
I
/
Lisa Joyal
Lisa Joyal
Endangered Species Review Coordinator
NHIS Data Distribution Coordinator
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
500 Lafayette Road, Box 25
St. Paul, MN 55155
phone: 651-259-5109
lisa.joyal@state.mn.us
www.mndnr.gov/eco
--© 2014 Microsoft
Terms
Privacy & cookies
___________
,,_
Developers
tps://blu173.mail.llve.com/7tid=cmqaRM8Ako5BGfligAhWtgKW A2&fld=flinbox&pald=cmr9K7dZgT5BGvO!lAeC8vl2o2&Mct=701.t..n7- ?qo-1°'· 'll\"""' """ • "•
Wojchik Eric
Wojchik Eric
Wednesday, November 26, 2014 10:08 AM
'dale allen'; Tjossem Logan
RE: OR2014-001 PLAT- Oronoco Territory Subdivision
From:
Sent:
To:
Subject:
Hello Dale,
The proposal you have outlined below would satisfy the intent of the condition. This would be acceptable to us.
Kind Regards,
Eric
Eric Wojchik, Planner I Rochester-Olmsted Planning Department
507.328 .7102 I E-mail: wojch ik.eric@co.olmsted .mn.us
I 2122 Campus Drive SE, Suite 100 I Rochester, MN 55904 I Phone:
....@..."A dynamic, world dass county deU11erln9 exceDence eveey day•
Pre-application planning advice is given without prejudice to the considerat ion of any subsequent application received by the
Rochester-Olmsted Planning Department.
Give us your input on the Rochester Comprehensive Plan Update HERE
•
·.
•
Chck to learn about.
ROCHESTER
P2S coMPREHEHsivePuN2060
rtAll#IH
I S/JCtflD
From: dale alien [mailto:dalea102@msn.com]
Sent: Wednesday, November 26, 2014 9 :51 AM
To: Wojchik Eric; Tjossem Logan
Subject: RE: OR2014-001PLAT- Oronoco Territory Subdivision
I would like to propose that a no build zone be shaded and shown on the Pre plat drawing preventing building
on and disturbing the steep slopes.
Dale
From: wojchik.eric@CO.OLMSTED.MN.US
To: dalea102@msn.com
Subject: OR2014-001PLAT- Oronoco Territory Subdivision
Date: Tue, 25 Nov 2014 21:27:49 +0000
Hello Dale,
1
Referral Agency Comments
Application No: OR2014-001PLAT
Applicant:
Oronoco Territory subdivision
Dale Allen, Corey Allen
12/19/2014 GIS/E911
Bruce Whetstone
See submitted referral comment document.
12/9/2014
No comments regarding wetlands.
12/19/2014 Fire Department
Mike Bjoraker
See attached comment in Accela software.
12/18/2014 County Public Works
Lori Collins
There are no comments from this agency at this time.
11/14/2014 Rochester Public Works
Eric Woj chik
Agency did not submit comments. Closed By Script
11/14/2014 Inspections - Well/Septic
Eric Wojchik
Agen cy did not submit comments. Closed by Script
11/14/2014 Inspections - Building Code
Agency did not submit comments. Closed by Script
Eric Wojchik
Davis Beth
From:
Sent:
To:
Subject:
Larry Allen [!allen@bevcomm.com]
Wednesday, December 10, 2014 2:27 PM
Davis Beth
Oronoco Territory subdivision
Thanks for the plat Beth. It looks good from our perspective. If you need anything else from us feel free to contact me.
Thanks again,
Larry Allen
BEVCOMM
(Pine Island Telephone Co.}
108 2nd St. S.W. Box 588
Pine Island, MN 55963
Office: 507-356-8302
Fax: 507-356-4001
Cell: 507-951-2486
. .BEVCOMM'
1
Davis Beth
From:
Sent:
To:
Subject:
Attachments:
Schnell, Tracy (DOT) [tracy.schnell@state.mn.us]
Tuesday, January 13, 2015 9:36 AM
Planning Referrals
Oronoco Township Zoning Final Plat #OR2014-001PLAT by Dale and Corey Allen to develop
a rural subdivision of 7 lots on 29.4 acres
MnDOT Oronoco Territory.pdf; RescindingOrder.pdf
Oronoco Township Zoning Final Plat #OR2014-001PLAT by Dale and Corey Allen to develop a rural subdivision of 7 lots
on 29.4 acres. The property is located in part of the SEX of the NE X, Section 7, Oronoco Township, on the.west side of
2nd Avenue NW, approximately X mile north of 5th Street NW.
MnDOT has the following comments/suggestions:
Our MnDOT R/W Plat 55-110 has been rescinded. See attached document Rescinding Order.pdf. The new Plat covering
that area is Plat 55-111. Please reference Plat 55-111 on your Plat. Mn DOT suggestion for the description located in the
Instrument of Dedication. I have written a suggested change on the attached document Mn DOT Oronoco Territory.pdf.
Thank you,
Tracy Schnell
Transportation Planner
Mn DOT District 6
2900 481h Street NW
Rochest er, MN 55901
(507) 286-7599 (office)
(507) 285-7279 (fax)
tracy.schnell@state.mn.us
1
Pine Island Fire Department
315 South Main Street
PO Box489
Pine Island, MN 55963
507-356-8905 (Station) 507-251-7177 (Chiefs Cell)
January 16, 2015
TO:
Beth Davis, Planning Department
FROM:
Jon Eickhoff, Fire Chief
RE:
OR2014-001PLAT
ORONOCO TERRITORY FINAL PLAT
Dear Ms. Davis:
The Pine Island Fire Department has noted no items to be addressed regarding the final plat.
Construction on the property must be in accordance with the Building and Fire Codes.
Davis Beth
Von Wald Wendy
Thursday, December 18, 2014 12:32 PM
Planning Referrals
FW: Request for Comments #OR2014-001 PLAT Oronoco Territory Subdivision Final Plat
REFERRAL 12-09-2014 OR2014-001 PLAT.pdf
From:
Sent:
To:
Subject:
Attachments:
The Olmsted County Property Records office has no issues or concerns regarding the proposed plat of Oronoco Territory
at this time except as listed below. We reserve the right for further review during the Formal Plat Check Process.
The legal description used on the plat is quite vague. We would like to see, in addition to the legal now
shown, a written metes and bounds description of the boundary of the parcel being platted.
)Venc{y von 'Waft(
aeyuty
Ofmstea County Property 'Reccrnfs
1514tli St S'E
'&cfiester, :MN 55904
(507) 328-7634- ftNIV(507) 328-7964lltfl,tA
-yy
r
, /..
,
r'
,
r-.
r'
C~
•
,
•
£°.•
,
uaom i.t FQ'lOW'm.J tne N.JntJ'atn to t«F>.B· .. mte,ynty zs tal'\l1t,j i t.
fl
From: Davis Beth
Sent: Tuesday, December 09, 2014 11:33 AM
To: Alan Felber Nu-Telecom; Amy Storm - Post Office; Andrew Dohrmann; boatsSOO@aol.com; Bromberg Mike; Campion
Dawn; Chad O'Connor Century Link; City of Oronoco; Corey Hanson (corey.hanson@dnr.state.mn.us); PW Service;
Delano Dan; Deputy EMS Director Ken Jones; Feldhusen Peter; Gary Fitterer (gfitterer@peoplesrec.com);
gkellen@peoplesrec.com; Greg Pates - MnDOT; Growden Randy; Harford John; Heather Peterson - City Public Works;
Inspections; jekappers@rochester.kl2.mn.us; Jim Mosser; John Sonnek- Pine Island telephone co; Justin Watkins
(justin.watkins@pca.state.mn.us); Khan Muhammad; Krupski Mark; Lyle Wilson - Pine Island telephone company; Mark
Baker; Mark Shoenfelder - MnDOT; Martin Larsen Feedlot Technician; Melius Michael; Mike Bjoraker - Roch. Fire
Department; rdkpitc@bevcomm.com; Reiter Charlie; rfreese@rochestermn.gov; Ron Muller; Rory Lenton
(rdlenton@minnesotaenergyresources.com); Russ Halgerson (rhalgerson@peoplesrec.com); Steve Hauge - Century Link;
Tim Clawson (tclawson@peoplesrec.com); Torgerson Kevin; Tracy Schnell - MNDOT; Turk Jon; Whetstone Bruce;
Whitaker Floyd; Charlie Lacy (sugarchuck@yahoo.com); Jason Ottman (ottmans@centurylink.net); Javon Bea; Kathy
Rucker - home; Kathy Rucker_Work; Paige Colllns (palgeclS@aol.com); Rachael Stanton; Richard Lyke
(rtlyke@gmall.com); Judy at Home; Kim Stanton; Mark Thein; Neil Stolp; Fibison Jennifer; Von Wald Wendy
Subject: Request for Comments #OR2014-001PLAT Oronoco Territory Subdivision Final Plat
Comments must be submitted to our office by January 16, 2014.
You can v iew the referral with site plans at the following location, based on your security access:
1. Planning Referral Extranet Site (link will not work unless you have license)
2. Accela Citizen Access (link works for everyone)
a. Go to Planning Tab
b. Search on the Application No
c. Click on Planning Number in results screen at bottom (scroll down)
d. Click on ~Attachments
e. Click on document name that is hyperlinked
If you have access to the Accela software program, please submit your referral comments in the system. Otherwise,
please send your comments via email at planning.referrals@co.olmsted.mn.us
1
12/22/14
City of Oronoco, MN
Oronoco6@Bevcomm .net
RE: Oronoco Territory Subdivision
To Whom It May Concern:
At a meeting in 2014, the Oronoco Township Board "endorsed" the Oronoco Territory Subdivision and,
In doing so, recognized that we would eventually have to maintain/service the portion of the road that
serves this subdivision that falls within the City of Oronoco boundaries.
This letter should serve as reinforcement of this plan should this subdivision get completed. Feel free to
reach me with any questions.
Chairperson
Oronoco Township
507-696-7188
TheinBomb@aol.com