A754592 DeclarationDocument Number: A754592
Filed and/or Recorded on
Nov 16, 2022 1:46 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy TH
Document Recording Fees $ 46.00
Document Tota! $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 6
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
4
DECLARATION
THIS DECLARATION is made this _ �D__ day of �Q�i [��_, 2022, by Black
Cherry Development, LLC, a Minnesota limited liability company, (Declarant), in
favor of the Riley Purgatory Bluff Creek Watershed District, a governmental
subdivision of the State of Minnesota with purposes and powers pursuant to
Minnesota Statutes chapters 103B and 103D (RPBCWD).
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
Chanhassen, Carver County, Minnesota, platted and legally described as:
That part of Outlot B, Erhart Farm, and Lot 5, Block l , Erharht Farm,
according to the recorded plat thereof, Carver County, Minnesota
(the Property) and no one other than Declarant, has. any right, title or legal
interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which
RPBCWD permit 2022-063 applies; and
RPBCWD Consent &Subordination template
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WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions related to maintenance of facilities and site conditions required
by the RPBCWD as a condition of issuance of permit no. 2022-063 for the
mutual benefit of the RPBCWD and Declarant; and
WHEREAS, subsequent to the recording of this Declaration, Declarant will
be deeding Outlot B, Erhart Farm, to the City of Chanhassen (City); and
WHEREAS, the City will be responsible for all the terms and conditions
contained in this Declaration, after the recording of the Deed for Outlot B, Erhart
Farm, including the responsibility and maintenance of the water features located
on Outlot B and Lot 5, Block l , Erhart Farm,
NOW, THEREFORE, Declarant makes this declaration and hereby declares
that this declaration constitutes covenants to run with the Property in
perpetuity, and is binding on all persons owning or acquiring any right, title or
interest in the Property and their heirs, successors, personal representatives and
assigns. All features requiring maintenance as specified below and on the scaled
site plan for the Property attached hereto and incorporated herein as Exhibit A
will be maintained in perpetuity as follows:
1. WATERBODY CROSSINGS &STRUCTURES
a. Crossings and structures in contact with the bed or bank of a waterbody
will be inspected at least once every other year and maintained in good
repair in perpetuity to ensure adequate hydraulic and navigational
capacity is retained in accordance with approved plans; to ensure no net
increase in the flood stage beyond that achieved by the approved plans;
to prevent adverse effects to water quality, changes to the existing
flowline/gradient and increased scour, erosion or sedimentation; and
minimizing the potential for obstruction of the waterbody.
2. Written Report. City will submit to the RPBCWD bi-annually a brief
written report, prepared by a registered Engineer, that describes the
maintenance activities performed under this Declaration, including dates,
locations of inspections and the maintenance activities performed. An
email drafted by the City is acceptable to satisfy this statement.
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3. Violation. The RPBCWD may seek any remedy in law or equity against the
Declarant as long as the Declarant owns the Property and thereafter
against the Property Owner of Outlot B, Erhart Farm for a violation of this
declaration. "Property Owner" as used in this declaration means the
owner of the Property or a lot or outlot of record within the Property to
which a maintenance obligation herein applies.
4. Recitals. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day
and year first set forth.
STATE OF MINNESOTA
)ss.
COUNTY OF L�✓U'`_�
DECLARANT:
Black Cherry Development, LLC
The foregoing instrument was acknowledged before me this _L�_ day of
2022, by Timothy A. Erhart, the Manager of Black Cherry
Development, LLC, a Minnesota limited liability company, on behalf of said
entitwac _ _ _ _ _ _ _ _
LlSAA HUNTER
N.1c�+ary 0+�1%1ic
COMO, Expsm Jan. 31, 207.7
DRAFTED BY:
Alliant Engineering
733 Marquette Ave, #700
Minneapolis, MN 55402
Notary Public
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EXHIBIT A o' 2s' So'
CHANHASSEN, MN DATE: 9-20-22
DRAWN BY: TAS ALLIANT
SCALE: 1 "=50' ee411Neealwa
MORTGAGE HOLDER CONSENT
TO
DECLARATION WITH RILEY PURGATORY
BLUFF CREEK WATERSHED DISTRICT
TIMOTHY A. ERHART and DAvvNE M. ERHART, husband and wife, who hold two
mortgages on all or part of the property, more particularly described in the foregoing
Declaration, which Mortgage, Security Agreement and Fixture Financing Statement is
dated February 4, 2021, and was recorded June 4, 2021, as Carver County Document
No. A726349, and a second Mortgage, Security Agreement and Fixture Financing
Statement is dated January 3, 2022, and was recorded February 16, 2022, as Carver
County Document No. A742234 (collectively "Mortgages"), for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consents to, and is subject to the foregoing Declaration.
Dated this �- ,day of �c� ' , 2022.
Timothy A. Erhart
Dawne M. Erhart
STATE OF MINNESOTA )
ss.:
COUNTY OF GW� )
The foregoing instrument was acknowledged before me this � da of
Y
2022, by Timothy A. Erhart and Dawne M. Erhart, husband and
wife.
i._l��A �EllNT�R
�o�� i'ub9ic
nOrmsota
( Pmmk7 Sri E)gxm Jan. 31, 2027
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147 Chanhassen, MN 55317
(952) 2274100
Notary Public
RPBCWD Consent &Subordination template
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