2003-090 Council Resolution - Laserfiche WebLink

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F. The local government unit ( "LGU") charged under WCA with approval of the subject • wetland bank plan ("bank plan ") is Rice Creek Watershed District. The subject bank plan includes all fully executed forms provided by the State, all supporting maps, engineering plans, drawings, monitoring plan, vegetation establishment plan and management plan and facilities maintenance plan. A complete copy of the bank plan is on file at the LGU. The address of the LGU is: 3585 Lexington Avenue North, Suite 330, Arden Hills, MN 55126- 8056.The State is responsible for the acceptance of this Easement. G. The bank plan requires the restoration or creation of a wetland on the portion of the Real Property designated in Exhibit B attached hereto and made a part hereof ("Bank Area"). The bank plan may also require the establishment of upland buffer within the Bank Area. This Easement pertains to both wetlands and uplands within the Bank Area." H. The Bank Area is subject to WCA, WCA Rules and all other provisions of law that apply to wetlands, except that the exemptions in Minn. Stat. §103G.2241 and Minn. R. 8420.0122 do not apply to the Bank Area, pursuant to Minn. Stat. §103G.222, subd. 1(h) and Minn. R. 8420.0115. L All references in this Easement to Minnesota Statutes and to Minnesota Rules are to the statutes and rules currently in effect and as amended or renumbered in the future. J. The purposes of this Easement are to maintain and improve the ecological values of the Bank Area through the means identified in the bank plan and to preserve the Bank Area in. a natural • condition in perpetuity. • IN ADDmON, THE GRANTORS, FOR THEMSELVES, THEIR HEIRS, SUCCESSORSAND ASSIGNS COVENANT THAT THEY: 1. Shall establish and maintain wetlands and upland buffers within the Bank Area as specified in the bank plan approved by the LGU and on file at the offices of the LGU. The wetland and any upland buffer area qhall be the size and type specified in the bank plan Grantor shall not make any use of the Bank Area that would adversely affect any of the functions or values of the area. Those functions and values are identified in Minn. R. 8420.0540, subp. 10, or specified in the approved bank plan. 2. Shall pay the costs of establishment, maintenance, repairs and reconstruction of the wetlands and upland buffers within the Bank Area, which the LGU or the State may deem necessary to comply with the specifications for the Bank Area in the approved bank plan. The Grantor's obligations under this paragraph include the payment of any lawful taxes or assessments on the Real Property. 3. Shall establish and maintain visible monuments such as signs, numbered fence posts or survey posts at prominent locations along the boundary of the Bank Area in accordance with the approved bank plan. If numbered fence posts are used, Grantor's Bank Plan must contain a survey or scaled drawing of the property that corresponds to the fence post numbering. Posts must be at least 4 feet high and.notably visible on the landscape. If signs are used, such signs must be have a surface area of at least one quarter (Y4) square feet, mounted on a fence post at least 4 feet above ground, and BWSR Form: wca bank 06 (easement).doc Revised 2/12/03 Page 2 of 6