Declaration recorded 17-16Document No. T204682
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -November 09, 2017 4:04 PM
Cert # 38540
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204682
DECLARATION
Fee: $46.00
Kaaren Lewis
Registrar of Titles
THIS DECLARATION is made this R5 day ofCom@ 201-, by
BONGARDS' CREAMERIES, a cooperative corporation under the laws of Minnesota
("Declarant") in favor of the CITY OF CHANHASSEN, a Minnesota municipal corporation
("City").
Recitals
WHEREAS, Declarant is the owner of real property within the City of Chanhassen,
Carver County, Minnesota, platted and legally described on the attached Exhibit A ("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 the Site Plan
applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions related to maintenance of facilities and site conditions required by the City as a
condition of approval of the Site Plan for the mutual benefit of the City and Declarant.
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 B will
be maintained in perpetuity as follows:
1. STORMWATER FACILITIES.
a. Underground storage facilities. Underground storage facilities will be inspected
at least annually to ensure continuing performance per design. Capacity will be
considered inadequate if sediment has decreased the storage volume by 50 percent of the
original design volume. Accumulated debris and sediment will be removed, and inlet and
outlet structures will be kept clear of any flow impediments.
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b. Grit chambers, sump catch basins and sump manholes. Grit chambers, sump
catch basins and sump manholes 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.
3. WRITTEN REPORT. Property Owner will submit to the City annually a brief written
report that describes the maintenance activities performed under this Declaration, including
dates, locations of inspections, and the maintenance activities performed.
4. VIOLATIONS. The City 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 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.
5. 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.
DECLARANT:
Chris Freeman, Its Chief Financial Officer
STATE OF MINNESOTA )
//II )ss.
COUNTY OF eC41Uf- )
The foregoing instrument was acknowledged before me this -6� day of 6!:Tb 6P- P-- ,
2017, by Chris Freeman, the Chief Financial Officer of Bongards' Creameries, a Cooperative
Corporation under the laws of Minnesota, on behalf of the entity.
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
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m.
N Public
JODI M. FASCHING
Sio`,Y _y Notary Public -Minnesota
My Commission Expl.. Jan 31, 2078
EXHIBIT A
to
DECLARATION
Lot 3, Block 1, CHANHASSEN BUSINESS CENTER SECOND ADDITION, according to the
recorded plat thereof, Carver County, Minnesota.
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EXHIBIT B
to
DECLARATION
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