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
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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"
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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.
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