10862142-v1-Recorded Stormwater Declaration (City)Recorded on -May 30, 2018 10:05 AM
Fee: $46.00
Kaaren Lewis
When Recorded Return To i f f vm a . ® 662714 ® ®® County Recorder
First American Title Insurance Company
National Commercial Services
121 S. 8th Street, Suite 1250
Minneapolis, IVIN 55402
File No: NCS c
STORMWATER FACILITIES MAINTENANCE DECLARATION
THIS STORMWATER FACILITIES MAINTENANCE DECLARATION is made
this 25`h day of May, 2018, by CHANHASSEN FRONTIER LLC, a Delaware limited liability
company (the "Declarant"), in favor of the CITY OF CRANI IASSEN, a Minnesota municipal
corporation (the "City").
RECITALS
WHEREAS, Declarant is the owner of real property within the City of Chanhassen,
Carver County, Minnesota, legally described as:
See Exhibit A attached hereto and incorporated herein.
(the "Property"), and no party other than Declarant has to consent to this Declaration.
WHEREAS, Declarant desires to subject the Property to certain conditions related to
maintenance of stormwater management facilities and site conditions, which are required by the
City as a condition to issuing a building permit for the Property.
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 stormwater management facilities on the Property
requiring inspection and maintenance are identified and labeled on the stormwater maintenance
map attached hereto and incorporated herein as Exhibit B (the "Stormwater Facilities"). The
Stormwater Facilities will be inspected and maintained in perpetuity as follows:
1. Property Owner is Responsible for Inspection. It is the responsibility of the Property
Owner (defined below) to perform the inspections of the Stormwater Facilities and to perform
maintenance as needed all in accordance with this Declaration.
2. Inspection Process. The Stormwater Facilities Inspection Forms attached as Exhibit B shall
be filled out in their entirety for each inspection of the Stormwater Facilities. The
Stormwater Facilities shall be inspected a minimum of twice a year. The inspections shall be
performed every spring and fall, unless a different schedule is identified by the maintenance
staff or the City of Chanhassen, but the City shall not require inspections more than twice per
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year, except due to a Major Storm Event, The Stormwater Facilities shall also be inspected
after a major storm event which is defined as 4 inches of rainfall within a 24-hour period.
Perform Necessary Maintenance. After performing the inspection process, any required
maintenance must be promptly performed by the Property Owner or an assigned
subcontractor. All clippings and removed sediment must be disposed of according to
applicable regulations. It is assumed that maintenance will consist of a combination of labor
and equipment to accomplish tasks ranging from street sweeping and vactor/jetting trucks to
trash and debris cleanup. Precautions should be made to remove sediment before it moves to
downstream catch basins. Operators should be properly trained in catch basin maintenance.
Maintenance should include keeping a log of the amount of sediment collected and the date
of removal, if any.
Record Keeping. This Declaration shall remain on the Property and be available for
inspection by the City 24 hours after it is requested. Twenty-four hours after it is requested,
the Property Owner shall make available to the City for inspection all maintenance records of
the Stormwater Facilities for the previous three years. It is the responsibility of the Property
Owner to maintain accurate inspection and maintenance records for the previous three years,
regardless of changes in property ownership.
5. Annual Compliance Reporting. Upon request, the Property Owner is required to send
copies of the completed inspection forms and maintenance records for the past year to the
City.
6. City Inspection and Maintenance. If at any point the Property Owner falls behind on the
required inspections or maintenance, the City will perform an inspection at the cost of the
Property Owner, but only after sending a written notice to the Property Owner and allowing
the Property Owner 30 days to cure. If emergency maintenance is required and deemed
necessary by the City, the City will perform the necessary maintenance at the Property
Owner's cost. It is important to remember that the Property Owner is the party responsible
for the inspection, maintenance, and the record keeping, and this responsibility should not be
assumed to the City.
7. Benefit to Property. The Stormwater Facilities are for the benefit of the Property only and
no other property shall have any right to drain or deposit stormwater into the Stormwater
Facilities. Nothing in this Declaration is to be deemed or construed as a gift or dedication to
the public for public use or purpose.
8. Definition of Property Owner. "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.
Recitals. The recitals set forth above are expressly incorporated herein.
2
10647246v2
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first
set forth.
DECLARANT:
CHANHASSEN FRONTIER LLC,
a Delaware limited liability company
By: United Properties Development LLC,
a Minnesota limited liability company
Its: Manager
By:
Pf'nt: Richard F. McKelvey f, ~
Its: Vice Pre i 3t~`
By: .4
Print: Keith A. Ulstad
Its: Senior Vice President
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on fi , 2018,
by Richard F. McKelvey and Keith A. Ulstad, the Vice President and Senior Vice President,
respectively, of United Properties Development LLC, a Minnesota limited liability company, as
the manager of Chanhassen Frontier LLC, a Delaware limited liability company, on behalf of the
in aures. _
.� DONNA L ORELSON
Notary Public
Minnesota
mission Ex ires Janua 31, 2023
Notary Public
This instrument was drafted by:
Briggs and Morgan, P.A. (BHM)
2200 IDS Center
80 South 8`" Street
Minneapolis, MN 55402
Fax: (612)977-8884
Email: bmaershbecker@briggs.com
[Signature Page to Stonnwater Facilities Maintenance Declaration]
EXHIBIT A
TO
STORMWATER FACILITIES MAINTENANCE DECLARATION
LEGAL DESCRIPTION OF THE PROPERTY
Lot 2, Block 1, Frontier Cinema Addition, Carver County, Minnesota.
And
Outlot A, Frontier Cinema Addition, Carver County, Minnesota, EXCEPT that part thereof now
platted into Chanhassen Transit Station, described as follows:
Commencing at the Southeast corner of said Outlot A, Frontier Cinema Addition, Carver County,
Minnesota; thence North 00 degrees 33 minutes, 26 seconds West, an assumed bearing, along the
East line of said Outlot A, a distance of 110.00 feet; thence North 17 degrees 52 minutes 40
seconds East along said East line of Outlot A, a distance of 6.11 feet to the point of beginning;
thence North 11 degrees 09 minutes 45 seconds West a distance of 98.29 feet; thence North 78
degrees 50 minutes 15 seconds East a distance of 31.70 feet to said East line of Outlot A; thence
southerly along said East line of Outlot A to the point of beginning.
And
Lot 3, Block 1, Chanhassen Transit Station, Carver County, Minnesota, EXCEPT that part of said
Lot 3 lying southerly of Lot 2, Block 1, said Chanhassen Transit Station, and easterly of the
following described line:
Beginning at the Northeast corner of Outlot A, Frontier Cinema Addition, said Carver County,
Minnesota; thence North 00 degrees 33 minutes 27 seconds West, assumed bearing along the
Northerly extension of the East line of said Outlot A, a distance of 40.00 feet; thence South 89
degrees 26 minutes 33 seconds West a distance of 54.37 feet to the southerly extension of the
West line of said Lot 2; thence North 00 degrees 01 minutes 05 seconds West, along said line
extended a distance of 78.92 feet to the southern most corner of said West line and said line there
terminating.
A-1
10647246v2
EXHIBIT B
TO
STORMWATER FACILITIES MAINTENANCE DECLARATION
Stormwater Facilities Maintenance Map and Inspection Forms
[SEE ATTACHED]
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