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4.b) Deitrich documentMINNESOTA - SOIL AND WATER CONSERVATION DISi'RICTS September 10, 1997 Leroy Vyhus Boy 317 Henning, MN 55551 Mr. Nyhus- WASHINOTON S01 AND WA -ER CONSERVATION D[STR�CT Pres,"4 by _':flv: _..c .. „2 RECEIVED OCT - 6 2015 CITY OF SCANDIA & - r a These are the plans you requested of Ekdahl - Dietrich Grade Stabilization Structure. The Washington Soil and Water Conservation District (SWCD) and the Soil Conservation Service (SCS) designed and constructed this project back in 19821 or 1983. This project was expensive and received Federal Cost Share dollars of seventy five percent of the cost. It is the Washington SWCD's desire to insure that this erosion control structure remain in place; functional, and maintained, as designed, during and after the proposed development is completed. It is our recommendation that an easement be placed on this structure to provide the necessary protection needed now, and for any future owners of the property. If I can be of any assistance to you on this issue, please call me. Sincerely, Konrad Koosmann S`VCD Manauer enc. cc: Lavayne Dupslaff w/o enc. Dennis O'Donnell HELM w/o enc. yi`!�U. L OPPOR U�il '( Fr•IPLO`,'-R 3084481 i��ll I I�I� ill VIII IIII I,I:I IIII ,I � I I I Office of the County Recorder Washington County, MN Cerflfled filed and/or recorded on: 1999112121 9:21.00 Ardl 3084481 3'. LI.Snc+wS (Reserved for recording information' GRANT OF EASEMENT AND EASE NIE--;T NIAI NTENANCE AGi:EE'1ENT THIS AGREEMENT is made, /2-"- //; , 1999, by and between Ekdahl Estates Homeowner's Association (Association); Gregory A. Amundson and June C. Amundson. husband and wife (A-mundson); Gail T. Dietrich, individually and Gail T. Dietrich, as Trustee of the Donald V. Ekdahl Trust u./d/t dated May 27, 1982 (Owner); and New Scandia Township (Town). RECITALS Owner is the owner and developer of certain real property situated in New Scandia Township, Washington County, Minnesota described on Exhibit A attached. Said property shall be platted and known as Ekdahl Estates. 2. As a part of the platting requirements, Owner is required to obtain, establish and maintain a flowage, drainage and ponding easement on, over and across the property owned by Amundson situated in Washington County. Minnesota and legally described on Exhibit B attached. 3. The easement to be obtained shall be conveyed to New Scandia Township but the drainage, ponding and flowage facilities shall be maintained by the association. NOW, THEREFORE, for good and valuable consideration, the undersigned agree as follows: Amundson hereby grants to New Scandia Township, a Municipal Subdivision under the laws of the State of Minnesota a perpetual easement for drainage, flowage and ponding purposes on, over and across the property situated in the Count - of Washington and State of Minnesota legally described on Exhibit B attached. 2. Owner shall construct and establish a drainage way and storm water storage pond on the easement property in accord with engineering plans approved by Amundson and the Town. 3. cessors and assigns, shall maintain all drainage, Thereafter, Association, its suc flowage and podding facilities located on the easement property to their design. function and capacity. Town shall have the right to enter upon the easement property at reasonable times to inspect the facilities. In the event repairs and, -,or maintenance are necessary. Town shall give Association notice of the items required to be maintained and repaired together with the time by which the work gust be completed. If the work is not completed within the time stated or as extended by Town, Town shall have the right to enter upon the easement property to complete the necessary work and charge the cost thereofto Association. If the cost is not paid by Association to Town within thirty (3,0) days of presentation of an invoice for same, Town shall have the right to certify the amount unpaid to the County- Auditor for collection with the real estate taxes payable on the common areas located within the plat of Ecdahl Estates. 4. Association will protect, indemnify and hold the Amundsons harmless from any and all claims, including costs and attorney's fees, arising out of the design improvement, operation or maintenance of the Easement Area, including. but not limited to, claims relating to the flowage of waters into or out of the Easement Area or on account of inj ury to or death of persons, or damage to or destruction of Proper -Ly, INN �M-NESS %V'HEREOF the parties have caused this Agreement to be executed this day a 1999. f �� NEW SCA;' I 16 NSHIP: - 1 ZC /-Z Gail T, Dietrich, (-?��e.r Dennis D.�' Cfe�dt. C airmaft Gail T. Dietrich. Trustee ofthe Donald V. By ` � � � � � � � � Ekdahl Trust u''d/t dated vlay 27 1982, Dolores Peterson. C rk Owner M EKDAHL ESTATES HOMEOWNERS ASSOCIATION; MOR I1A STATE OF MINNESOTA } ) ss COUNTY OF WASHINGTON } x r` (ir-Amundson % f - , JuXe Amundson This instrument was acknowledged before me this j& atday of )jA(j re `,, , 1999 by Dennis D. Seefeldt and Dolores Peterson, the Chairman and Clerk of New Scandia Township, a Municipal Corporation under the law of the State of Minnesota on behalf of the Municipal Corporation. DAVID K HEBERTNOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY My Commission Explros Jar►. 31, 26,x �Niotaiy Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) This instrument was acknowledged before me this 4) day of,/74-,% �? , 1999 by Gail T. Dietrich, individually and as Trustee of the Donald V. Ekdahl Trust u/d/t May 27, 1982. Owner. aanxsrs.kArhnhnn JOHN S WDONALD r Now oin is - Minnesota ;t�rrim1ss,or txperes 1/31/200G Notary Public rvuVN✓a.r,vVVW STATE OF MINNESOTA ) ) ss- COUNITY OF WASHINGTON ) This instrument was acknowledged before me this day of V1 C'4,4-1 1999 by Greg Amundson and June A-mundson, husband and wif t: 1'LFblic ----------_ -KATHLEEN L KA WIAIY J Uk-C - WoMM 3