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Recording Documents 10-09-2014RECORDING FOR: Bb,C' k, L&\nL1 A0P a "d Date: iolqlw Enclosed are the following: kd d fh�n Final Plat Mylars no larger than 22" x 34 ". Per Andrea Poehler, do not mark "Official Copy" on the County copy, or they may reject the mylars Three, 1" = 200' scale paper copy of the final plat (Carver County Auditor, Assessor and Surveyor) NCA Mortgage Holder Consen�to la t ►�I a Easements: �8-- 9tiTer. N�A KA recent copy of th title commitment enclosed /emailed (date: 9 I I$11 mg ) `W W /c,, qo Vs XIf there isn't a development contract copy of the resolution approving fina p �t The City of Chanhassen has: X Final Plat Mylars ( "City Copy ") 1" = 200' scale mylar reduction of the final plat wl street names an of an oc num ers on y �A ❑ Security: $ 101A from (bank name) 1 XCash fee: $- 3 ±.255 = $asss.00 X Digital copy of the final plat in .dxf and .tif format /s�(.pdf compatible) in Carver County coordinates Electronic Copy of Drainage Model -giwJ <,,,OUo-0 XNotified the developer that the current year property taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid before the plat can be filed. ❑ Emailed the developer, city planner and building official regarding the status of filing the plat Provide confirmation that the documents have been submitted for recording by email to afauske @ci.chanhassen.mn.us or sbartels @ci.chanhassen.mn.us, or fax to 952 - 227 -1170. NOTES: G: \ENG \How -To \plat recording checklist.doc Additional instructions on reverse? Yes /No 0 June 2, 2014 CITY OF 7700 Market Boulevard Faze] and Sarika Haris PO Box 147 16893 Saddlewood Trail Chanhassen, MN 55317 Minnetonka, MN 55345 Public works Re: Black Walnut Acres 2"d Addition Administration Phone: 952.2271100 Planning Case 2014 -12 g Fax: 952.227.1110 Division before building permits can be issued. Phone: 952.227.1300 Dear Mr. and Mrs. Haris: Building Inspections Fax: 952.227.1310 Phone: 952.227.1180 This letter is to formally notify you that on May 27, 2014, the Chanhassen City Council Fax: 952.227.1190 adopted the following four motions: Engineering Phone: 952.227.1160 The Chanhassen City Council approves a resolution approving the Preliminary and Final Fax: 952.227.1170 Plat for Black Walnut Acres Second Addition, to replat 2.4 acres into one lot on property Phone: 952.227.1125 zoned Single Family Residential (RSF) and located at 6260 Chaska Road (Outlot A, Black Finance Walnut Acres) subject to the following conditions; and adoption of the Findings of Fact. Phone: 952.227.1140 separate Each lot must be provided with s arate sewer and water services. p Fax: 952.227.1110 Enpineering Conditions egg. o0 Park & Recreation 1. Before the final plat is recorded the GIS fees must be paid as well as any PFax:952.2227110 recording fees not collected with the final plat application. Fax: 952.2271110 Recreation Center Environmental Resource Conditions 2310 Coulter Boulevard Phone: 952.227.1400 1. The applicant shall plant one 2%2" diameter overstory tree in the front yard. Fax: 952.227.1404 Building Official Conditions Planning & Natural Resources Phone: 952.227.1130 1. Appropriate permit(s) required for the demolition or moving of any existing Fax: 952.227.1110 structures. Public works 2. A final grading plan and soils report must be submitted to the Inspections 7901 Park Place Division before building permits can be issued. Phone: 952.227.1300 Fax: 952.227.1310 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 4. separate Each lot must be provided with s arate sewer and water services. p Website Water Resources Coordinator Conditions www.ci.chanhassen. mn.us 1. Prior to any earth- disturbing activities, the applicant shall provide a completed wetland delineation report and a Minnesota Wetland Conservation Act Application for Approval of Wetland Type and Boundary. Upon concurrence with the delineated boundary, construction activities may proceed. J C lJ�N Rectiveci Chanhassen is aCommunityforLife - ProvidingforTodayandPlanningforTomorrow 1 Mr. and Mrs. Haris June 2, 2014 Page 2 of 4 2. Wetland buffer monuments will need to be placed along the wetland buffer consistent with section 20 -411 of Chanhassen City Code. 3. A detailed erosion control plan consistent with Chapter 19 of Chanhassen City Code will be required with the site plan/building permit application. En 'nes eering. Conditions 1. The developer must submit a soils report to the City indicating the soil conditions, permeability and slope. 2. The grading plan must show drainage arrows for proposed and existing water flow. 3. The developer's survey shall show the benchmark location and elevation on the plan. 4. In order to understand the proposed grading, more spot elevations must be added. The plan needs to show a spot elevation at the center of the driveway at the curb line as well as the proposed elevation at the comers of the proposed building. 5. The plan shall be revised to show locations of any proposed stockpile areas. 6. The grades must be revised so that no slope is steeper 3:1. 7. The driveway must be revised to have one access from Chaska Road instead of the horse- shoe driveway shown. 8. The driveway must be outside of the 10 -foot side yard setback from the property line. 9. The services for the proposed house must be directionally bored to the water main and sewer main located on the south side of Chaska Road. 10. Partial water and sewer hook -up fees are due at the time of final plat. tAIS'50. dO 11. The developer shall make revisions as necessary to address comments from MnDOT and other stakeholder agencies. 12. Any assessment needs to be paid. t 2 ., 211.7 7 J/ ID Plannin¢ Conditions 1. Approval of the subdivision is contingent upon the applicant dedicating a conservation easement and restriction over the vacant parcel located in the City of Shorewood to remain as open space. J IV\C lu.d� Mr. and Mrs. Haris June 2, 2014 Page 3 of 4 Please refer to the enclosed checklist which stipulates all of the submittal requirements for recording the final plat and associated documents. If you have any questions, please call me at (952) 227 -1134 or e-mail me at saIiaff( ,ci.chanhassen.mn.us. Sincerely, Sharmeen Al -Jaff Senior Planner c: Stephanie Bartels, Project Engineer Jerry Mohn, Building Official 3 \ If ,\ ; ]t �]) �g / /' E a . - ` �� 2 NIL �r AV CONSENT TO FILE PLAT Date: 0A IZQq 114 Merchants Bank, National Association, a national banking association, holder of that certain Mortgage dated January 24, 2014 and filed for record on February 27, 2014 as Document No. 591117 in the office of the County Recorder of Carver County, Minnesota, hereby consents to filing of that certain plat of BLACK WALNUT ACRES SECOND ADDITION, described as follows: Outlot A, BLACK WALNUT ACRES, according to the recorded plat thereof, Carver County, Minnesota. And hereby joins in and agrees that its interest in the land platted is subject to easements and dedications set forth in the plat as recorded in the office of the County Recorder. Signed: Yqrchants Bank, N 'on ss 'ation BY: &e Robert E. Dougherty, its Mo a erations STATE OF MINNESOTA COUNTY OF WINONA The foregoing instrument was acknowledged before me on O `} %$ IA by Robert E. Dougherty Vice President Mortgage Operations of Merchants Bank, National Association, a national banking assocci/a�tion. m at , Notary Public LEAH M. MYHRO NOTARY PUBIJC MINNESOTA f Winona County, Minnesota My Comm. Expires Jan. 31, 2017 My commission expires: THIS INSTRUMENT WAS DRAFTED BY: Meyer - Rohlin Land Services 708 1" Avenue NE #1 Buffalo, MN 55313 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: J Bankers Title 750 South Plaza Drive Suite 221 Mendota Heights, MN 55120 (651) 681 -0382 stevivarat title guaranty company w . $ Y a 16U6 . �xas: Y Matt Morris President and CEO "a, piaa �a r: Copyright 2006 -2009 American Land Title Association. All rights reserved. Ilt� The use of this Form is msmcted to ALTA licensees and ALTA members In geoo standing as of the data of use "IF AN All other uses are prohibited. Reported under license from the American Land Us Anodabon. IANn TIT4. File No. 14.1.00350 A6}00M11ea 004 -UN ALTA Commitment (6117/06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge of any defeat, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 o these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< httc: / /www.alta. orcyh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this Form Is radVicced to ALTA licensees and ALTA members in good standing as of the date of use. - Ahatinc All other uses are prehiMted. Replanted under license frao are American Land This Association. LAMP TITLE Amsclunpa File No. 14.1.00350 004 -UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 14.1.00350 1. Effective Date: September 18, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A. L.T.A. Owner's Policy Proposed Insured: Fazel Haris and Sarika Haris (b)A.L.T.A. Loan Policy Proposed Insured: 2006 (Standard) 2006 (Standard) Merchants Bank National Association, its successors and /or assigns Amount of Insurance $168,000.00 $151,200.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Parcel 1: William V. Swearengin and Nancy M. Swearengin, as Trustees of the Swearengin Revocable Family Trust dated May 27, 1997, subject to the Vendees Interest of Frank R. Gustafson and Theresa M. Gustafson, husband and wife Parcel 2: Frank R. Gustafson and Theresa M. Gustafson 5. The land referred to in this Commitment is described as follows: Parcel 1: That part of Lot 174, Auditor's Subdivision #135, Hennepin County, Minnesota, lying Southerly of State Highway No. 7 and Easterly of State Highway No. 41. Parcel 2: Outlot A, Black Walnut Acres, City of Chanhassen, Carver County, Minnesota For information purposes only, the property address is purported to be: 6260 Chaska Road, Chanhassen, MN 55331 Shorewood, MN 55331 The use of this Form is resinctetl to ALTA licensees and ALTA members in good standing as of the date of use. ml¢tue All other uses are prohibited. Repnnteb under license from the American Land Title Association. tech im File No. 14.1.00350 Page 1 of 1 STEWART TITLE STS ALTA Commitment Sch A GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 14.1.00350 The following are the requirements to be complied with: 1. Requirements: Instruments in insurable form which must be executed, delivered, and duly filed for record 2. Mortgage executed by Fazel Haris and Sarika Haris, husband and wife, to Merchants Bank, Mational Associarion, dated January 24, 2014, recorded February 27, 2014, as document number A591117, in Carver County, and recorded February 11, 2014, as document number At 0053684, in the amount of $151,200.00. 3. NOTE: Chain of Title: Parcel 1: Quit Claim Deed from William V. Swearengin and Nancy M. Swearengin, husband and wife, to William V. Swearengin and Nancy M. Swearengin as trustees of the Swearengin Revocable Family Trust dated May 27, 1997, dated June 10, 1997, recorded June 17, 1997, as document number 6746042. Parcel 2: Warranty Deed from William V. Swearengin and Nancy M. Swearengin, as Trustees of the Swearengin Revocable Family Trust dated May 27, 1997, to Frank R. Gustafson and Theresa M. Gustafson, dated September 29, 2006, recorded September 5, 2008, as document number A488801. 4. Your attention is directed to the provisions of the Tax Reform Act of 1986 which requires the reporting to the Internal Revenue Service of all real estate transactions after January 1, 1987. 5. The following statement should appear on all deeds transferring title where no well certificate is needed: "The seller certifies that the seller does not know of any wells on the described real property." 6. MINNESOTA GOOD FUNDS LAW: In accordance with Minnesota Statute 82.49, Bankers Title & Bankers Closing, as the closing agent, requires that it receive collected or qualified loan funds from the lender in order to close and disburse the loan. "Collateral funds" means funds deposited, finally settled, and credited to the closing agent's escrow account. "Qualified loan funds' means funds in one of the following forms: (1) lawful money of the United States; (2) wired funds when finds are unconditionally held by the closing agent; (3) cashier's checks, certified checks, bank money orders, or teller's checks issued by a federally insured financial institution and unconditionally held by the closing agent; and (4) United States treasury checks, Federal Reserve bank checks, Federal Home Lon back checks, and State of Minnesota warrants. 7. Provide a Certificate of Real Estate Value for the transaction. 8. Bankers Title & Bankers Closing as the insurer requires a written notification if any of the following occur: -If there is a lender change or other insured buyer or borrower. -If there is a change in the name of the grantor, seller, or the number of Grantors or sellers. -If there are any parties of the transaction which are going to need to pre -sign documents or are going to use a Power of Attorney in their stead. -If any part is to receive funds from this transaction that does not have a recorded interest in the property. Please notify the undersigned examiner if any of the above apply, depending on the situation we reserve the right to make further requirements or exceptions, require additional name searches per Minnesota and federal laws. 9. Bankers Title & Bankers Closing requires either certified funds or wire transferred funds to close this transaction. Good funds to be received and confirmed by Bankers Title & Bankers Closing at or prior to closing. 10. This Commitment was prepared from the public records. Bankers Title & Bankers Closing was not furnished with an Abstract of Title and no Abstract will be provided at the closing. The use of this Fonn is restricted to ALTA licensees and ALTA members in good standing as of the date of use. puee¢ar All other uses are prohibited. Reprinted under license train the American Land Title Association. ! +Kn iaai File No. 14.1.00350 Pagel of STEWART TITLE STG ALTA Commitment Sch B I GUARANTY COMPANY 12 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11. Satisfactory evidence should be had that improvements and /or repairs or alterations thereto are completed; that contractor, sub - contractors, labor and materialmen are all paid; and have released of record all liens or notice of intent to perfect a lien for labor or material. 12. NOTE: Identification will be required from all parties required to sign documents at closing. 13. NOTE: Affidavits in form acceptable to the Company are required from all parties signing any deeds or mortgages in this transaction indicating no judgments, liens, bankruptcies, etc.. 14. NOTE: Item 1 of Schedule B -II (B2) will be deleted if Bankers Title & Bankers Closing, conducts an insured closing under written instructions from the Proposed Insured (lender). The policy to be issued will insure loss or damage, which arises by reason of any intervening liens or encumbrances over the "GAP PERIOD" between the effective date of this commitment and the date the documents are recorded with the County. 15. If the effective date of the Schedule A is older than 60 days, this transaction cannot close without a pre - closing tract check 2 -3 days prior to closing. Bankers Title & Bankers Closing reserves the right to raise further requirements /exceptions based upon the examination of said tract check. 16. This commitment is for the exclusive use of Bankers Title & Bankers Closing and the applicant. Anyone else using this commitment shall be liable to Bankers Title & Bankers Closing for all loss and damage including payment of all charges associated with this commitment. 17. For any recent remodeling or improvement of the subject property, at least 5 days prior to closing, Bankers Title & Bankers Closing must be furnished with the original sworn construction statement and original lien waivers, or other evidence that all materials and labor have been paid. Any if any are not paid, then also submit a list of the parties to be paid with amounts due, phone numbers and addresses of the payee. 18. Standard Affidavit Regarding Buyers /Mortgagors. 19. Not including new construction properties, the following cities require a city inspection in order to close a purchase transaction: Bloomington (Time of Sale Inspection) Brooklyn Park (Time of Sale Inspection) Crystal (Point of Sale, Code Compliance) Golden Valley (Point of Sale Inspection) Hopkins (Truth in Housing) Maplewood (Truth in Housing) Minneapolis (Truth in Housing) New Hope (Point of Sale Inspection) Osseo (Truth in Housing) Richfield (Point of Sale Inspection) Robbinsdale (Point of Sale Inspection) St. Louis Park (Property Maintenance Inspection) St. Paul (Truth in Housing) South Saint Paul (Time of Sale Inspection) Please ensure that this has been completed prior to any transfers of property. 20. PLEASE NOTE: Policy Change — Smart phone technology is changing the way we do business. All cashier's checks are now required to be payable to Bankers Title & Bankers Closing. We will no longer accept a cashier's check that is made payable to only the Buyer /Borrower or Seller. If there are any questions concerning this Commitment please contact Dan Seidel at dan @bankerstitlemn.com. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ynEtESp All other uses are prohibited Reprinted under license from the American Land Title Association. File No. 14.1.00350 Page 2 of 2 STEWART TITLE STG ALTA Commitment Sch B I GUARANTY COMPANY a" COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 14.1.00350 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements or claims of easements or other boundary or location disputes, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the Land. 5. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Real Estate Taxes due and payable for 2014 are paid Property Identification Numbers are: 34- 117 -23 -33 -0005 (Parcel 1) and 25- 1150020 (Parcel 2). 8. Reservation of Minerals and Mineral rights in favor of the State of Minnesota. 9. Restrictions, Covenants and Easements of record. 10. Utility and Drainage easements on the recorded plat. 11. Lien of unpaid utility and water bills. 12. No coverage is provided for municipal code compliance matters and fees including, but not limited to, utilities, water or sewer services, or fees for tree, weeds, grass, and snow or garbage removal, police boarding, vacant building registration and zoning. 13. Development Agreement filed as document number 197347. 14. Easement filed as document number 273872. 15. Final Certificate for Highway filed as document number 3439216. 16. Easement filed as document number 2856810. 17. Development Contract filed as document number 6600602. 18. Right in the public in State Highways Number 41 and 7. 19. Part shown as Wetlands on plat of Bardwell Acres Lake Minnetonka addition. 20. Certification of Plat filed as document number A595328. ....ra..y w-- ---. ....- ..oa .............. —.. The use of this Form is reslncted to ALTA licensees and ALTA members in good standing as of the date of use Ar1SIGSf All other uses are prohibited. Reprinted under license from the American Land Title Association. Uxn ta[n File No. 14.1.00350 Page 1 of 1 STEWART TITLE ' w,wnr_ MN STG ALTA Commitment Soh B 11 GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm- Leach - Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. in the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes —to process your How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing How do the Stewart Title Companies collect my We collect your personal information, for example, when you transactions, mailing, and auditing services, and responding to court • request insurance- related services orders and legal investigations. We also collect your personal information from others, such as the real For our marketing purposes —to offer our products and services to Yes No you. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) For Joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— Information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non - financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you— For your convenience, Yes Yes, send your first and last name, the Stewart has developed a means for you to opt out from its affiliates email address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout @stewart.com or fax to 1- 800 - 335 -9591. For non - affiliates to market to you. Non - affiliates are companies No We don't share not related by common ownership or control. They can be financial and non - financial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance- related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us., If you have any questions about this privacy notice, please contact us at. Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 14.1.00350 Page 1 STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO /DOES THE Bankers Title DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Bankers Title, and its affiliates (" N/A "), pursuant to Title V of the Gramm - Leach- Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Bankers Title, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and How do /does Bankers Title protect my maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, include computer, file, and building safeguards. How do /does Bankers Title collect my and responding to court orders and legal investigations. personal information? request insurance- related services For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your or other companies. What sharing can I limit? transactions and experiences. Affiliates are companies related by common certain instances, we do not share your personal information in those instances. ownership or control. They can be financial and non - financial companies. Yes No For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non - affiliates are companies not related by No We don't share common ownership or control. They can be financial and non - financial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do /does Bankers Title notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do /does Bankers Title protect my To protect your personal information from unauthorized access and use, we use personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do /does Bankers Title collect my We collect your personal information, for example, when you personal information? request insurance- related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Bankers Title, 750 South Plaza Drive, Suite 221, Mendota Heights, MN 55120 File No.: 14.1.00350 Page 1 of 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014 -37 MOTION BY: Tiornhom SECONDED BY: Laufenburger A RESOLUTION APPROVING A FINAL PLAT CREATING BLACK WALNUT ACRES SECOND ADDITION WHEREAS, Fazel and Sarika Haris, husband and wife, have requested a replat of their property into one lot of 2.4 acres; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the Chanhassen Planning Commission held a public hearing on May 6, 2014 and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and recommended approval of the subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat for Black Walnut Acres Second Addition (Planning Case #2014 -12) creating one lot, legally described as Outlot A, Black Walnut Acres. The approval of the subdivision is subject to the following conditions: Engineering Conditions 1. Before the final plat is recorded the GIS fees must be paid as well as any recording fees not collected with the final plat application. Environmental Resource Conditions 1. The applicant shall plant one 2'/2" diameter overstory tree in the front yard. Building Official Conditions 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. Retaining walls over four feet high require a permit and must be designed by a professional engineer. CITY OF SHOREWOOD' ..5755 COUNTRY CLUB-ROAD. • SHOREWOOD, MINNESOTA 55331 -8927; (952) 9¢0.7900 FAX (952)'474 -0128 • www.ci.shorewood.mn.es • etryhell ®cishorewood.mn.us 3 April 2014. 1vls. Shannfn Al -Jaff Chanhassen Planning Department P.O, Box ld7 Chanhassen, MN 55317. Re: Lot 1, Block 1, Black Walnut Acres' 2na Addition and Adjacent Parcel •Dear Ms. Al -Jaff I have recently been contacted bylvlr, Fazel Hans informing mo of his intent tc liuild'on property is Chanhassen°located at 6260 Chaska Road, which is being -replatted from, an outlot;.created in 1996, to Lot 1; Block 1, Black Walnut Actes 2nd Addition. lie said fl* the City of Chanhassen >s interested in receiving,comment from the City of Shorewood conceming the adjacent Vacant parcel that is part of this property, but is located within_ Shorewood: There have been various options suggested for protecting the vacant parcel ranging from a deed restriction,' conservation easement, to donation to the City of Shorewood. A few years ago,the City adopted a policy to accept the donation of conservation'easements to protect and preserve natural, scenic and open parcels especially those which are part of a large homestead or estate, : This particular property meets that goal exceptionally well. Therefore, the City of Shorewood would preferthe option of placing a conservation easement and restriction over the vacant parcel. I have attached an easement document that was designed specifically for that purpose and that Mr. Haris may find useful. Thank you, again, for the opportunity to comment on this matter.. H you have any questions,, please do not hesitate to contact me. Sincerely, CITY OF $HOREWOOD Bradley J. telsen Planning Director Cc: William Joy"s Tim Keane. Faml Hans Patrick Biey. Cd PRINTEe ON hECT 0 PAPER Transfer Entered Nov 3, 2014 2:04 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer Doc No Al 0132747 Certified, filed and /or recorded on Nov 3, 2014 2:04 PM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 98 Doc Name: Easement Attested Copy or Duplicate Original Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1170441C $2.00 $46.00 M CONSERVATION EASEMENT AND RESTRICTION This donation of a CONSERVATION EASEMENT AND RESTRICTION is made this day of October 31, 2014 by Fazel Haris and Sarika P Hans, husband and wife (the "Owners ") to the CITY OF SHOREWOOD, a municipal corporation under the laws of the State of Minnesota (hereinafter called "City"). WITNESSETH: WHEREAS, Minnesota Statutes §§ 84.C.01 -.05 authorize the donation by private citizens of non - possessory, conservation easements, to protect natural, scenic and open space values, and the authorized donees include any governmental body empowered to hold an interest in real property under the laws of the State of Minnesota; and WHEREAS, Minnesota Statutes § 84.64 authorize the donation by private citizens of similar negative easements, called conservation restrictions, to retain the natural, scenic, and open or wooded condition of land, and the authorized donees include, any home rule charter or statutory city; and WHEREAS, the City is a. (i) governmental body empowered to own interest in real estate and (ii) statutory city under Minnesota Statutes; and WHEREAS, the City has concluded, and its comprehensive plan acknowledges, that there is a need for conservation easements and restrictions to protect and preserve some of the natural, scenic, open and/or wooded parcels remaining within its City limits, because: (1) the City is in the path of intensive suburban development; and (2) the relatively small lot size requirements in the City encourage the subdivision of tracts of land now held in estates or large homesteads, or in natural, scenic and open or wooded condition; and WHEREAS, the City has adopted a policy under which it will solicit and accept the donation of conservation easements and restrictions covering natural, scenic, and open or wooded spaces which are part of large homesteads or estates, and which are threatened by intensive development and/or subdivision pressure; and WHEREAS, the Owners own a large homestead parcel in the City of Chanhassen and a portion which is located in the City of Shorewood, and is legally described in Exhibit A attached hereto (the "Owner Tract'), and wish to donate to the City of Shorewood a Conservation Easement and Restriction (CE &R) over the portion of said tract that is located in the City of Shorewood, . consistent with the above -named State and City policies and procedures, and consistent with the rules and regulations under United States Internal Revenue Code (IRC) § 170 (h); and WHEREAS, the donated CE &R cover and encumber lands which otherwise would have been subdivided and sold off as a separate lot; and 20168750 WHEREAS, the City has reviewed the donation of the CE &R and has concluded that it produces a significant public benefit because of the: (i) intensity of land development pressures in the vicinity of the Easement Area; (ii) the habitat, treed and open space characteristics of the subject property; (iii) the consistency of the CE &R with state and local conservation policies; (iv) the likelihood that further development of the Easement Area would contribute to degradation of the natural and scenic character of, and habitat in, the Easement Area; and (v) the perpetual nature of the CE &R. NOW THEREFORE, For good and valuable consideration, the Owners, pursuant to the aforementioned Minnesota Statutes, hereby donate, grant, bargain, transfer and convey to the City of Shorewood, its permitted successors and assigns, the conservation easement and restrictions (the "CE &R ") that are more fully described herein, subject to the terms and conditions herein. The CE &R burden, and run over, on and across, the tracts of land lying and being in the County of Hennepin and the State of Minnesota, described and depicted in Exhibit B attached hereto and made a part hereof (the "Easement Areas "), which Easement Areas are a part of the Owner Tract. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto, forever. And the Owners, for themselves and their successors and assigns, covenant with the City, its successors and assigns, that the Owners are well seized in fee simple of the Easement Areas and that they have good right to donate and impose the CE&R, and that the Easement Areas are free from all encumbrances except the lien of real estate taxes and installments of special assessments payable therewith which are not yet due. 1. Effective Date. The donation contained in this instrument shall not be complete unless and until accepted by a resolution of the City. The Owners and the City both intend that the full value of this CE &R qualify for deduction as a "qualified conservation contribution" under IRC § 170(h) and the rules and regulations thereunder. 2. Scope of Easement. The purpose of this CE&R is to assure that the Easement Areas shall at all times predominately: (i) remain in their natural and scenic condition; (ii) remain open or wooded space, and not be developed; and (iii) provide or protect natural and habitat for wildlife and plants. In furtherance of this objective, and to define the scope of the easement and restriction, the Owners, for themselves and their heirs, personal representatives and assigns, do hereby covenant and agree with the City that: A. No buildings, permanent structures, signs, billboards or other advertising of any kind, shall hereafter be erected or placed on or above any part of the Easement Areas without the prior approval of the City; and no structure within the Easement Areas, even if approved by the City, shall ever be used for residential or commercial purposes. B. No healthy mature trees shall be removed from the Easement Areas without the prior approval of the City; provided, however, that Owners reserve the right to remove damaged, diseased or infected trees, fallen leaves, and noxious trees (including specifically buckthorn) and weeds, 2016875v4 and to plant, maintain and or landscape the Easement Areas in a manner not inconsistent with the conservation purposes of this CE &R. C. No soil or other substance or material shall be dumped or placed as landfill on the Easement Areas. D. No trash, waste or unsightly or offensive materials shall be dumped or placed on the Easement Areas. E. No surface mining of any kind shall be permitted, and no loam, peat, gravel, soil, rock or other material substance shall be excavated, dredged or removed from the Easement Areas. F. No activities detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor other acts or uses detrimental to the Easement Areas as a natural and scenic open or wooded space, shall be conducted or permitted to be conducted within the Easement Areas. G. This donation is made exclusively for conservation purposes and the Easement Areas shall be kept and maintained in a natural or scenic, open or wooded condition, substantially reflecting natural conditions in the Easement Areas, protecting natural habitat, and affording visual access and scenic enjoyment to the general public. 3. Term. The easements and restrictions donated and imposed in this CE&R are perpetual. 4. Miscellaneous Terms. A. The Owners, for themselves and their successors -in- title, retain all rights (but shall not be obligated) to enter upon, maintain, care for and landscape the Easement Area consistent with the restrictions expressed above. B. This CE &R is a non - possessory easement and restriction and shall not operate to, or be deemed to, grant to Shorewood any right to enter upon, use or improve, or to permit the public any right to enter upon, use or improve, any part of the Easement Areas as a park or recreational area. Moreover, nothing in this instrument grants any member of the public the right or privilege whatsoever to enter upon the Easement Areas for any purpose (other than upon the invitation of the Owners). 5. Remedies. All the rights and remedies under Minnesota Statutes § 84.65 and § 84C.03 shall be available to the City to enforce this CE &R. Also, if there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this CE&R, the City may prosecute any proceedings at law or in equity against the person or entity violating or breaching, or attempting to violate or breach, any such term, covenant or condition, either to prevent such violation or breach by injunction or to recover damages for such violation or breach. 20168750 6. Limited Assi¢nment. The City's interest as donee, and holder of the easement and restriction rights, under this instrument may not be assigned or conveyed, except that assignment is permitted if the following conditions are first met: (a) the City requires that the assignee present a written acknowledgement that the conservation purposes the donation was originally intended to advance will continue to be carried out by the assignee, and (b) the assignee must be an organization qualifying, at the time of the assignment, as a qualified donee under IRC § 170 (h)(3) and the rules and regulations thereunder (or successor code sections and regulations). The Owners' right to sell, transfer or assign their interest in the Owner Tract shall be unfettered, except that any such sale, transfer or assignment shall be subject to this CE &R. 7. Covenants Run With Land. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners of the Owner Parcel and the Easement Areas, and shall inure to the benefit of Shorewood, its permitted successors and assigns. IN TESTIMONY WHEREOF, Owners have caused these presents to be executed the day and year first above written. , Fazel Hari Sarika P Hari§'�-�� �. , - r✓r ✓rrrr�r�.r.�rri✓rirr�� 2016875x4 STATE OF MINNESOTA ) )Ss COUNTY OF HENNEPIN ) The foregoing ins entrwas aclnlowledg before mg s 31 S� day of 6 GA Z 20`11 by 'rc&U� and 5 ` ' t -S husband and wife. ®ARRETLYONS NOTARY PUBLIC - MINNESOTA My C®IMBI8810n Espirea Jan. 31, 2018 This Instrument Drafted By LEONARD, STREET AND DEINARD (7MF) PROFESSIONAL ASSOCIATION 380 St. Peter Street, Suite 500 Saint Paul, Minnesota 55102 20168750 iir►c�run�o�3r;ra LEGAL DESCRIPTION OF OWNER TRACT PID: 34- 117 -23 -33 -0005 Municipality: SHOREWOOD Addition Name: AUDITOR'S SUBD. NO. 135 Lot: 174 Block: EX HWY 2016875v4 LEGAL DESCRIPTION AND DEPICTION OF EASEMENT AREAS PID:34- 117 -23 -33 -0005 Municipality: SHOREWOOD Addition Name: AUDITOR'S SUBD. NO. 135 Lot: 174 Block: EX HWY 2016875x4