A754599 Conservation EasementDocument Number: A754599
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 Total $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 8
This cover page has been added to this document by Carver County Land Records
and is now an ofFcial part of this recorded document
CONSERVATION EASEMENT11
INSTRUMENT made this day of U [.Ve(tp�4f , 20 ?-Z, by and between
BLACK CHERRY DEVELOPMENT LLC, a Minnesota limited liability company,
("Grantor"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City").
WITNESSETH:
The Grantor, in consideration of approval of the Erhart Farm final plat, the requirement of
the Erhart Farm Development Contract, and other good and valuable consideration paid by the
City, the receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto
the City a permanent conservation easement for the purposes set forth in this instrument, over,
under, and across the premises legally described on the attached Exhibit "A" and depicted on the
attached Exhibit "B" (the "Easement Premises") to preserve the existing high quality woodlands
and retain the wooded feel of the neighborhood. It is also the desire of the Grantor and the City to
restore the original Oak Woodland in this area by the preservation and planting of "Oak Woodland
Trees" which shall include: Red Oak, White or Bur Oak, Swamp White Oak, American Linden,
Black Walnut, Black Cherry, American Elm or resistant equivalent, Hackberry, Sugar Maple,
Aspen, Bitternut Hickory, Ironwood or equivalent.
1. Scope of Easement. Grantor for itself, its successors, and assigns, understands and
agrees that the following .are prohibited in perpetuity on the Easement Premises:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, clothesline poles, and playground equipment,
except as allowed or required under any drainage and utility easements located within the
Easement Premises. However, nothing in this easement shall prevent the City of
Chanhassen from constructing and maintaining a public use trail through the easement
designated area.
B. Cutting or removing trees or other vegetation, except for (i) noxious weed or
invasive species control, (ii) diseased or public hazard trees, or (ui) selective removal of
1
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non -Oak Woodland trees to encourage restoration of Oak Woodland, after approval by the
City.
C. Excavation or f lling or material alteration of grade.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening. of the neighboring. properties.
F. Application of fertilizers, whether natural or chemical, except in accordance with
Minnesota Department of Agriculture rules and guidelines to encourage restoration of the
Oak Woodland.
G. The application of herbicides,. pesticides,. and insecticides,. except for noxious weed
and invasive species control in accordance with Minnesota Department of Agriculture rules
and guidelines for the restoration of Oak Woodland.
H. Outside storage of any kind.
I. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. Ezceutions. Grantor for itself, its successors and assigns, further grants the City the
affirmative right, but not the obligation to do the following on the Easement Premises: Enter upon
the Easement Premises at any time to enforce compliance with the terms of this instrument.
3. parr --ante of Title. The- Grantor- war-r-ants that it is- the owner of the property as
described on Exhibit "A" and has the right, title and capacity to convey to the City the Conservation
Easement herein.
4. Environmental Matters. The City shall not be responsible for any costs,. expenses,.
damages, demands, obligations, including penalties and reasonable attorneys fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
A the Easement Premises or property prior to the date of this instrument.
5. Release. Grantor hereby remisses, releases,- acquits and forever discharges,.
forever, the City and any and all of its officers and employees of and from any and all claims,
demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue
A any flowage or trespass with water over and upon any or all of the Easement Premises within
the terms of this Agreement.
6. No Public Interest. Nothing. contained herein or the dedication in the Plat shall be
construed as creating any use rights in the general public or as dedicating for public use any portion
of the Easement Premises, except as expressly described in this Agreement.
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7. Binum Effect; Enforceability. The terms and conditions of this instrument shall
run with the land and be binding on the Grantor, and Grantor's successors and assigns. This
Conservation Easement is enforceable by the City of Chanhassen acting through its City Council.
8. Amendment. This Agreement may be amended, moed or released by an -
instrument signed by the City and the Grantor, or its respective successors and assigns in interest
to the Easement Premises.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day
and year set forth above.
STATE OF MU*4NESOTA )
)ss.
COUNTY OFF )
GRANTOR:
BLACK CHERRY DEVELOPMENT LLC
Daniel Blake, Vice President
JEAN M SAVAGE
NOTARY PUBLIC
MINNESOTA
4+y Co^�mission Ex.�ires 1.�31'2025
The foregoing. instrument was acknowledged before me this day of
.� � 2022, by Daniel Blake, the Vice President of BLACK CHERRY
DEVELOPMENT LLC, a Minnesota limited liability company, on behalf of said entity.
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STATE OF MINNESOTA
COUNTY OF CARVER
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)sS*
CITY Ur CNANNARSEN
By
Ryan, Mayor
Laurie Hokkanen, City Manager
e foregoing instrument was acknowledged before me this I day of
2Qn--by Elise Ryan and by Laurie Hokkanen, respectively the Mayor
and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority graved by its City Council. rt
A
DRAFTEDBY:
CAIV�BELL KNiITSON
Professional Association
Grand Oak Office Center] f
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
v°`�`r"'�� KIM T. MEUWISSEN
=F : Notary Public -Minnesota
IF
My Commission Expires Jan 31, 2025
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EA-111-IM-1 "A"
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CONSERVATION EASEMENT
Easement Premises Description
An easement for conservation purposes, over, under, and across those parts of Lots 1, 2 ,35 41 5, 6,
7, 89 % 109 11, 12, and 13, Block 1, ERHART FARM, according to the recorded plat thereof,
Carver County, Minnesota, described as follows.
Beginning at the southeast corner of said Lot 13; thence on an assumed bearing of North 73 degrees
50 minutes 29 seconds West, along the southerly line of said Lot 13, a distance of 15.61 feet;
thence North 31 degrees 15 minutes 25 seconds West.50.01 feet; thence North 02 degrees 07
minutes 28 seconds East 148.09 feet; thence North 34 degrees 45 minutes 21 seconds East 127.43
ine of said Lot 11; thence North 80 degrees 31 minutes 16 seconds West
Feet to the northerly l
along said northerly line of Lot 11 a distance of 72.61 feet; thence North 12 degrees 45 minutes
21 seconds East 32.92 feet; thence North 66 degrees 05 minutes 33 seconds East 64.00 feet; thence
North 68 degrees 46 minutes 26 seconds East 22.37 feet, thence North 61 degrees 04 minutes 08
seconds East 76.02 feet; thence North 34 degrees 48 minutes 54 seconds East 87.02 feet; thence
North 16 degrees 03 minutes 45 seconds East 74.96 feet; thence North 05 degrees 21 minutes 47
seconds East 105.40 feet; thence North 02 degrees 02 minutes 37 seconds East 93.09 feet; thence
North 42.61 feet; thence North 09 degrees 10 minutes 43 seconds West 71.76 feet; thence North
28 degrees 04 minutes 43 seconds West 151.79 feet; thence South 82 degrees 49 minutes 50
seconds West 14.63 feet; thence North 76 degrees 47 minutes 51 seconds West 69.39 feet; thence
South 82 degrees 32 minutes 03 seconds West 116.22 feet; thence North 62 degrees 50 minutes
56 seconds West 60.90 feet to the northwesterly line of said Lot I thence North 47 degrees 38
minutes 14 seconds East along said northwesterly line of Lot 2 a distance of 10.68 feet; thence
North 62 degrees 50 minutes 56 seconds West 29.32 feet; thence North 37 degrees 46 minutes 58
seconds West 76.74 feet; thence North 23 degrees 26 minutes 11 seconds West 21.47 feet to the
northwesterly line of said Lot 1; thence North 41 degrees 54 minutes 02 seconds East along said
northwesterly line of Lot 1 a distance of 11.00 feet; thence South 23 degrees 26 minutes 11 seconds
East 24.81 feet; thence South 37 degrees 46 minutes 58 seconds East 73.26 feet; thence South 62
degrees 50 minutes 56 seconds East 78.03 feet; thence North 82 degrees 32 minutes 03 seconds
East 113.64 feet; thence South 76 degrees 47 minutes 51 seconds East 73.03 feet; thence South 85
degrees 19 minutes 41 seconds East 90.14 feet; thence South 07 degrees 06 minutes 31 seconds
West 60.84 feet; thence South 25 degrees 10 minutes 47 seconds East 63.51 feet; thence South 44
degrees 55 minutes 08 seconds East 49.07 feet; thence South 02 degrees 49 minutes 45 seconds
East 86.25 feet; thence South 03 degrees 49 minutes 27 seconds East 105.43; thence South 06
degrees 10 minutes 38 seconds West 104.05 feet; thence South 19 degrees 45 minutes 34 seconds
West 69.77 feet; thence South 24 degrees 50 minutes 03 seconds West 89.81 feet; thence South
47 degrees 20 minutes 55 seconds West 181.75 feet; thence South 34 degrees 45 minutes 21
seconds West 130.82 feet; thence South 02 degrees 04 minutes 57 seconds West 136.59 feet;
thence South 31 degrees 15 minutes 25 seconds East 39.70 feet to the easterly line of said Lot 130,
thence South 00 degrees 03 minutes 17 seconds West along said easterly line of Lot 13 a distance
of 18.15 feet to the point of beginning.
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MORTGAGE HOLDER CONSENT
TO CONSERVATION EASEMENT
TIMOTHY A. ERHART and DAWNE M. ERHART, husband and wife, who hold two
mortgages on all or part of the property more particularly described in the foregoing Grant of
Conservation Easement, 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
Grant of Conservation Easement.
Dated this day of (/�f/ , 2022.
STATE OF MINNESOTA
COUNTY OF�A'y�
Timothy
Dawne M. Erhart
)Ss. _ NQ 1ARY PUBLIC
- MINNESOTA
Uffi Fuson Expires 1/31 2025
The foregoing instrument was acknowledged before me this � day of
20225 by Timothy A. Erhart and Dawne M. Erhart, husband and
wife.
Notary
DRAFTED BY:
CAMPBELL KNiJTSON, P.A.
Grand Oak Office Center I
g60"Blu&Geiitlah'Roac Suite 290f
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
223`J � 3V3223513v2A