Declaration - RecordedDocument Number: T215903
Torrens Certificate: Listed Below
Filed and/or Recorded on
Oct 12, 2020 1:45 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, Registrar of Titles
Deputy CS Pkg ID: 7217705
Document Recording Fees $ 46.00
Additional Torrens Cert $ 20.00
Document Total $ 66.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 12
Current Torrens Certificates:
41419.0 41420.0
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
[maintain 4" top margin]
DECLARATION
THIS DECLARATION is made this _j`day of 20-2--O,by Chan
Three Development, Inc., a Minnesota corporation (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 1038 and 103D (RPBCWD).
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
Chanhassen, Carver County, Minnesota, platted and legally described as:
Tract C, Registered Land Survey No. 89, files of Registrar of Titles, Carver
County, Minnesota.
AND
That part of Tract B, Registered Land Survey No. 89, according to the recorded
plat thereof, Carver County, Minnesota, lying northerly of the following
described line: Commencing at the North Quarter corner Section 10, Township
RPBCWL) Declaration Template
:torr: Home Builders Title LLC
11-21-14 L0850 Old County Road 15, #100
Plymouth, MN 55441
116, Range 23, said Carver County; thence on an assumed bearing of South 00
degrees 45 minutes 14 seconds East, along the North-South Quarter line of said
Section 10, a distance of 515.00 feet to the point of beginning of the line to be
described; thence South 87 degrees 48 minutes 41 seconds East, along a line
parallel with the North line of the Northeast Quarter of said Section 10, a
distance of 1661 feet plus or minus to the east line of said Tract B and the
shoreline of Lake Lucy and there terminating.
Torrens Property
Torrens Certificate No. 40268.0
That part of the Northeast Quarter of the Northwest Quarter of Section 10,
Township 116, Range 23, Carver County, Minnesota, described as follows:
Beginning at the North Quarter corner of said Section 10; thence South along
the North-South Quarter line of said Section 10 a distance of 409.69 feet;
thence West along a line parallel with the South line of the North Half of said
Northeast Quarter of the Northwest Quarter a distance of 435.76 feet to the
centerline of the Excelsior -Shakopee Road; thence Northeasterly along said
centerline a distance of 419.39 feet to the North line of said Section 10; thence
East along the North line of said Section 10 to the point of beginning, all
according to the U.S. Government Survey thereof.
Torrens Property
Torrens Certificate No. 27048.0
(the Property) and no one other than Declarant and Bridgewater Bank, a
Minnesota banking corporation, has any right, title or legal interest in the
Property; and
WHEREAS, the Property constitutes the entirety of the land to which
RPBCWD permit # 2020-045 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 RPBCWD as a condition of issuance of permit no. 2020-045 for the
mutual benefit of the RPBCWD and Declarant.
2
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 A
will be maintained in perpetuity as follows:
1. BUFFER AREAS
a. Buffer vegetation 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, 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 the District in advance in
writing or when implemented pursuant to a written maintenance
pian approved by the District.
b. Diseased, noxious, invasive or otherwise hazardous trees or
vegetation may be selectively removed from 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 a buffer.
e. No structure or impervious cover (hard surface) may be created
within a buffer area beyond that shown in the scaled site plan
attached to this declaration as Exhibit A.
f. Permanent wetland buffer monuments will be maintained in the
locations shown on the approved site plan attached as Exhibit A.
Language shall indicate the purpose of the buffer, restrictions and
the name and website address of the Riley Purgatory Bluff Creek
Watershed District.
2. WATERBODY C°OSSINGS & STRUCTURES
3
a. Crossings and structures, as depicted on Exhibit B; in contact with the
bed or bank of a waterbody will be inspected at least once a year and
maintained in good repair in perpetuity to ensure adequate hydraulic and
navigational capacity is retained in accordance with approved plans; to
ensure no net increase in the flood stage beyond that achieved by the
approved plans; to prevent adverse effects to water quality, changes to
the existing flowline/gradient and increased scour, erosion or
sedimentation; and minimizing the potential for obstruction of the
waterbody.
3. STORMWATER FACILITIES
a. Stormwater retention and treatment basin(s). Stormwater retention and
treatment basin(s), depicted as Pond #1 and Pond #2 on Exhibits B and C
respectively, must be inspected at least once a year to determine if the
basin's retention and treatment characteristics are adequate and continue
to perform per design. Culverts and outfall structures must be inspected
at least annually and kept clear of any obstructions or sediment
accumulation. Sediment accumulation must be measured by a method
accurate to within one vertical foot. A storage treatment basin 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
the stormwater basin(s) is identified for sediment cleanout, the basin(s)
will be restored to its original design contours and vegetation in
disturbed areas restored within one year of the inspection date.
b. Infiltration basin. Infiltration basin #2, as depicted on Exhibit C, 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.
c. Vegetated swales. Vegetated swales will remain free from mowing or
other vegetative disturbance, fertilizer application, yard or other waste
disposal, the placement of structures or any other alteration that impedes
the function of the vegetated swale.
d. Grit chambers, sump catch basins and sump manholes. Grit chambers,
sump catch basins and sump manholes will be inspected in the spring,
4
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.
e. Stormwater Reuse System.
(1) The Stormwater Reuse system will be inspected on an annual basis. The
Stormwater Reuse system will be maintained as specified or
recommended by the manufacturer and the maintenance will include
the items listed below; provided that if the items listed below conflict
with the manufacturer's final maintenance specifications or
recommendations after construction of the Stormwater Reuse system,
then the specification and recommendations of the manufacturer shall
prevail.
(1) Inspect and clean pretreatment filters at a minimum once annually.
(2) Inspect water intake system at a minimum once annually. Clean
intake as needed, and as specified by the manufacturer.
(3) Inspect distribution system components at a minimum once
annually. Clean and replace system components as specified by the
manufacturer.
(2) Flow Meter: A flow meter will be operated and maintained to record
water usage to heip determine tae ammy of the Stormwater Reuse
system to achieve estimated volume abstraction as set forth in the
RPBCWD approved design. Records of maintenance of the flow meter
and water usage shall be maintained for one year after submission of
the annual report to the RPBCWD, as required in section (4) of the
declaration.
(3) Pervious Areas: The pervious areas designated on Exhibit D�must be
maintained in a pervious state for irrigation. Areas to be irrigated from
the Stormwater Reuse System are depicted on Exhibit D.
4. Written Report. Declarant will submit to the RPBCWD annually a brief written
report that includes the following items. The reporting period shall be from
January 1 st to December 31 st, with the annual report due to the RPBCWD by
March 1 st.
F
a. A description of maintenance activities performed under this declaration
including dates, locations of inspections and the maintenance activities
performed, and;
b. A description of uses for the reused rainwater, and the total volume of
rainwater consumed by each use based on flow meter readings; and
5. Violation. The RPBCWD 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.
e. Successors. The terms and conditions of this Agreement shall be binding
upon, and shall inure to the benefit of, the parties hereto and their
respective successors and assigns.
7. Recitals. The recitals set forth above are expressly incorporated herein.
[Signature Page To Follow]
M
IN WITNESS WHEREOF, the undersigned has executed this instrument the day
and year first set forth.
DECI.A T:
By: -- ------------------
Craig Allen, President
Chan Three Development, Inc.
STATE OF MINNESOTA )
)ss.
COUNTY OF j� )
The foregoing instrument was acknowledged before me this 5I day of
_Q 20 -,;I � , by Craig Allen, as President of Chan Three
Development, Inc.
This instrument was drafted by:
Craig Allen
t0W 0t6 Co -4 Ns-, -it 200
Notary Public
7
LORIMARK
Ct ARK
Notary Public
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