A651670 DeclarationDocument No. A651670
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -September 14, 2017 10:37 AM
Fee: $46.00
Kaaren Lewis
651670 County Recorder
DECLARATION
THIS DECLARATION is made this /4Yday of September, 2017, by HPH Fawn Hill,
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, as legally described on Exhibit A hereto (the "Property") and
no one other than Declarant has any recorded right, title or legal interest in the
Property that affects the enforceability of this Declaration or any term or provision
hereof; and
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 RPBCWD permit #2017-047 (the "Permit").
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 respective heirs, successors, personal representatives and assigns. All
features requiring maintenance as specified below and on the scaled site plan for the
Custwi Home Mrs. Tale
086044\008\4797221.v 1 1 OW Old Courier Road 15
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Property attached hereto and incorporated herein as Exhibit B (the "Site Plan") will be
maintained in perpetuity as follows:
1. DEFINITIONS. The following words when used herein shall have the following
meanings:
"Lot" shall mean any platted lot subject to this Declaration upon which a
dwelling is located or intended to be located.
"Maintenance Expenses" shall refer to the costs and expenses paid or incurred
by an Owner in its performance of the maintenance, repair and reporting obligations
set forth in Section 3 and Section 4 hereof; provided that Maintenance Expenses shall
not include costs or expenses in excess of $5,000.00 without the prior written consent
of the Owners of at least 50% of the Lots.
"Owner" shall mean a Person who owns a Lot, but excluding contract for deed
vendors, mortgagees and other secured parties. The term "Owner" includes, without
limitation, contract for deed vendees and holders of a life estate. "Owners" shall refer
to each Owner collectively.
"Person" shall mean a natural individual, corporation, limited liability company,
partnership, trustee, or other legal entity capable of holding title to real property.
"Proportionate Share" shall, with respect to each Lot, mean the quotient of a
fraction, the numerator of which is one, and the denominator of which is the total
number of Lots within the Property.
2. BUFFER AREAS. The buffer areas depicted on the Site Plan (the "Buffer Areas") are
subject to the following requirements:
a. Vegetation within the Buffer Areas must not be cultivated, cropped,
pastured, mowed, fertilized, subject to the placement of mulch or yard
waste, or otherwise disturbed, except for periodic cutting or burning that
promotes the health of the Buffer Area, actions to address disease or
invasive species, mowing for purposes of public safety, temporary
disturbance for placement or repair of buried utilities, or other actions to
maintain or improve buffer quality and performance, each as approved by
RPBCWD in advance in writing or when implemented pursuant to a written
maintenance plan approved by RPBCWD.
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b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation
may be selectively removed from the Buffer Areas and trees may be
selectively pruned to maintain health.
c. Pesticides and herbicides may be used in accordance with Minnesota
Department of Agriculture rules and guidelines.
d. No fill, debris or other material will be placed within the Buffer Areas.
e. No structure or impervious cover (hard surface) may be created within the
Buffer Areas beyond that shown in the Site Plan.
f. Permanent monuments demarcating the Buffer Areas will be maintained
in the locations shown on the Site Plan. Language on such monuments
shall indicate the purpose of the Buffer Areas, restrictions on the Buffer
Areas and the name and website address of RPBCWD, as depicted on
Exhibit C.
3. STORMWATER FACILITIES
a. Stormwater retention and Infiltration Basin. The Pond and the Infiltration Basin
located on the Property, each as labeled and depicted on the Site Plan (which
Pond and Infiltration Basin, to the extent each is located on the Property, shall
be referred to herein, collectively, as the "Stormwater Facilities") must be
inspected at least once a year to determine if the Stormwater Facilities' retention
and treatment characteristics are adequate and continue to perform per design.
Culverts and outfall structures in the Stormwater Facilities must be inspected at
least annually and kept clear of any obstructions or sediment accumulation.
Sediment accumulation in the Stormwater Facilities must be measured by a
method accurate to within one vertical foot. The Stormwater Facilities will be
considered inadequate if sediment has decreased the wet storage volume by 50
percent of its original design volume. Based on this inspection, if either the
Infiltration Basin or the Pond is identified for sediment cleanout, such facility will
be restored to its original design contours and vegetation in disturbed areas
restored within one year of the inspection date.
b. Infiltration basin and Filtration Bench. The Infiltration Basin and any filtration
basins on the Property will be inspected annually to ensure continued live
storage capacity at or above the design volume. Invasive vegetation, excess
sediment and debris will be removed as needed and healthy plant growth will be
maintained to ensure that the facilities continue to perform per design.
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c. Sump manholes. Sump manholes on the Property will be inspected in the spring,
summer and fall of each year. All sediment and debris will be removed as
needed such that the Stormwater Facilities operate as designed and permitted.
4. WRITTEN REPORT. Each Owner will submit to RPBCWD annually a brief written report
that describes the maintenance activities performed under this Declaration,
including dates, locations of inspections and the maintenance activities performed.
The Owners, collectively, or any homeowners association of which the Owners are
members, may submit one report to RPBCWD.
5. COSTS. The Maintenance Expenses shall be allocated to, and paid by, each Owner
based on each respective Lot's Proportionate Share. In the event that a Lot is
owned by more than one Person, all Persons that hold an ownership interest in fee
title to such Lot shall be jointly and severally liable for payment of such Lot's
Proportionate Share of Maintenance Expenses that are incurred or invoiced during
the period of such Person's ownership. In the event that ownership of any Lot is
divided, the Party causing such separation of ownership or division shall prorate the
allocation of Maintenance Expenses identified herein to identify the allocation
attributable to each Lot, file of record an instrument confirming such allocation and
deliver a copy of such instrument to each other Owner. Upon incurring Maintenance
Expenses, an Owner (an "Maintaining Owner") shall provide each other Owner (each,
a "Debtor Owner") with an invoice, designating with reasonable specificity the
nature and total amount of all Maintenance Expenses incurred by the Maintaining
Owner and such Debtor Owner's Proportionate Share thereof, and each Debtor
Owner shall reimburse the Maintaining Owner within 30 days after receipt of such
invoice. Whenever an Owner shall not have paid any amount payable under this
Declaration to another party within 30 days of the due date, the delinquent Owner
shall pay interest on such amount from the due date until the date such payment is
received by the party entitled thereto, at a rate which is the lesser of: (a) 8% per
annum; or (b) the highest percent permitted by law.
6. VIOLATION. RPBCWD may seek any remedy in law or equity against Declarant as
long as Declarant owns the Property and thereafter against any Owner for a
violation of this Declaration. RPBCWD's rights under this Declaration are
independently operative and RPBCWD may enforce this Declaration notwithstanding
a failure of the Owners, collectively, to provide for compensation of the Owner or
Owners incurring maintenance, repair or reporting obligations or expenses.
7. RECITALS. The recitals set forth above are expressly incorporated herein.
[Signature Page Follows]
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IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year
first set forth.
DECLARANT:
HPH Fawn Hill, LLC, a Minnesota limited
liability company
By:
Name: Timoth ,J. Brown
Title: V fLA- RA.Skott-0,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _/_ day of
September, 2017, by Timothy. Brown, the 1�/_OE'_PA4s✓A6_v_T__ of HPH Fawn Hill, LLC,
a Minnesota limited liability company, on behalf of the limited liability company.
0,AIWASIOS C. BAICRITGES
Notary Publo-Minnesota
This instrument was drafted by:
Fabyanske Westra, Hart & Thomson, P.A. (GCE)
333 South Seventh Street, Suite 2600
Minneapolis, MN 55402
(612) 359-7600
086044\008\4797221.v 1
tary Public
Exhibit A
Legal Description
Lots 1 - 4, Block 1, FAWN HILL, according to the recorded plat thereof, Carver County,
Minnesota.
Lots 1 - 6, Block 2, FAWN HILL, according to the recorded plat thereof, Carver County,
Minnesota.
Outlot A, FAWN HILL, according to the recorded plat thereof, Carver County,
Minnesota.
086044\008\4797221.v 1
Exhibit B
Site Plan
[See attached.]
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Exhibit C
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