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Lotus Woods Conservation EasementDocument Number: T213603 Torrens Certificate: 41075.0 Filed and/or Recorded on May 14, 2020 11:48 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy DL Pkg ID: 7154660 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC Pages: 7 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (Reserved for recording in%rmation) CONSERVATION EASEMENT INSTRUMENT made this 18th day of February, 2020, by and between PAUL T. EIDSNESS and MIRA SRDANOV, spouses married to each other, ("Grantors"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). WITNESSETH: The Grantors, in consideration of approval of the Lotus Woods final plat, the requirement of the Lotus Woods 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. 1. Scope of Easement. Grantors for themselves, their heirs, successors and assigns, understand and agree that the following are prohibited in perpetuity on the easement premises: 2031760 A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment, except as allowed or required under any drainage and utility easements located within the easement premises. B. Cutting or removing trees or other vegetation, except for (i) noxious weed control or diseased trees directed by a governmental agency, or (2) when approved by the City, removing dead trees, trimming trees to maintain health. C. Excavation or filling or material alteration of grade. D. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. ► =(n F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. Exceptions. Grantors for themselves, their heirs, successors and assigns, further grant 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. Warranty of Title. The Grantors warrant that they are the owners of the Property as described above and have 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 attorney's 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 to, the Easement Area or Property prior to the date of this instrument. 5. Release. Grantors hereby remiss, release, acquit and forever discharge, 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 of 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. 7. Binding Effect; Enforceability. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, and Grantor's heirs, 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, modified or released by an instrument signed by the City and the Grantors, or their respective heirs, successors and assigns in interest to the Easement Premises. 2 203176v4 IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and year set forth above. MIM ' v STATE OF — 1 . ) )ss. COUNTY OF L c— ) KR e f r going instrument was a wledged before me t is day of 2020, by Pa . Eidsness an ira Srda ov, po es married o each other, raptor Brittnl ArmstrbnV--- Notary Public State of Florida My Commission Expires 02/07/2023 Commission No. GG 299334 3 2031760 CITY OF CHANHASSEN By Elise Ryan, Mavor a 'A a I l And odd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 2�!? day of _^ , 20 aL? by Elise Ryan and by Todd Gerhardt, respectively the Mayor and Mana City ger f the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 4 203176v4 EXHIBIT "A" �ra CONSERVATION EASEMENT Easement Description A permanent easement for conservation purposes over, under and across the East 140.00 feet of Lot 1, Block 1, and the West 40.00 feet of Lot 2, Block 1, LOTUS WOODS, Carver County, Minnesota, according to the recorded plat thereof. 203176A O 0 AM'06Y CM% 1AW I" OA"Y, P4ffr% W tkml ow p%*,md by rtw or tA%(,W IV dfied agkMWa and VMf I &-p a cWv RaquvWvdVy_, Eidsness Law Offices, PLC tA tA ftK4W Not a dma'kedby Easement Exhibit_-,, -- or. No. #,RallasED Mv.%ERvAV0N hA!V,(.EfiT- 1 ra FarQmAn (Mi/aAJ a57: 1. _14V Paul E COD 6-18-19 she folt M.DLOO feet of Lot :. Brack 1. c;pd the Wevf RE -0. 16-0139 40.00 f6vt Of Lot 2. Bloc* f, COMS W0911� Coresy L.k*oW#40W DaW 6-98-10 6KZ3���fd fo The •ezoided pMI'ercoe County, Mineyesotq a=ording Vi L'YD tirvomm A AV, : 1. P441. 02 40.0) r. LAS&MEV7 AREA f8,610.b6 SIP. 0 L ter I te J Ll PRc-o5rs EA5vzvr-- W.arjbw E�r I# W Wf G- L of 50 40.00 AW of W Z Ukc*. I IV_) R-8750 a -i-49.05 n r M VL":j Lt3 11 . y U YJ U a orwf" I.I'mom o" I'l &.,CA 0 AM'06Y CM% 1AW I" OA"Y, P4ffr% W tkml ow p%*,md by rtw or tA%(,W IV dfied agkMWa and VMf I &-p a cWv RaquvWvdVy_, Eidsness Law Offices, PLC ftK4W Not a dma'kedby I im*AW Mod Surepyar ua*r IN 4;-"% of MyWosok fMW or. No. 1 ra FarQmAn (Mi/aAJ a57: _14V Paul E COD 6-18-19 401 RE -0. 16-0139 L.k*oW#40W DaW 6-98-10 tirvomm A AV, I