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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 223909v4 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. 223909v4 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 223909v4 i f OUTLOTF �- i r WETLAND 2 / 100-YR H W L 879.43 hi ' �� / j �iJl'�1t i•T�IJ�': EPA SEJ,r , hJT n/ BRIDGE FOR WATER / 4 BODY CROSSING - l:J G I vl J E_ i E`L, J Ei'�; I E '`. li EvT CDNf�li.JE� SOU T H To c'T RE BLOCK BLOCK 1 i _ v,ilE'', TG C C E VVi;H y� N 1" 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 223909v4