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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. 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