Tree Preservation Easement(Reserved for recording information)
TREE PRESERVATION EASEMENT
of 4'' II THIS TREE PRESERVATION EASEMENT ("Agreement") is made this 5� day
0%kMW ' , 2020, by and between CHAN THREE DEVELOPMENT, INC., a
Minnesota corporation ("Grantor"), and the CITY OF CHANHASSEN, a Minnesota municipal
corporation ("City").
WITNESSETH:
The Grantor, in consideration of approval of The Bluffs at Lake Lucy final plat, the
requirement of The Bluffs at Lake Lucy 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 tree preservation easement for the purposes
set forth in this Agreement, over, under, and across the premises legally described on the attached
Exhibit "A" and depicted on the attached Exhibit `B" (the `Basement Premises") to preserve the
existing high quality woodlands and retain the wooded feel of the neighborhood.
1. Scope of Easement. Grantor for itself, its successors and assigns, understands and
agrees that the following are prohibited in perpetuity on the Easement Premises:
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.
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E. Activity detrimental to the screening of the neighboring properties.
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.
Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. Exceptions. Grantor for itself, its successors and assigns, further grants 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 Agreement.
3. Warranty of Title. The Grantor warrants that it is the owner of the property
described on Exhibit "A" and has the right, title and capacity to convey to the City the Tree
Preservation 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 Premises or property prior to the date of this Agreement.
5. Release. Grantor hereby remises, releases, acquits and forever discharges, 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 of The
Bluffs at Lake Lucy 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 Agreement shall
run with the land and be binding on the Grantor, and Grantor's heirs, successors and assigns. This
Tree Preservation 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 Grantor, or its respective heirs, successors and assigns in
interest to the Easement Premises.
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IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day
and year set forth above.
GRANTOR
CHAN THWE D
LOW
STATE OF Ml-4ESOTA )
)ss.
COUNTY OF O!c—Q� )
Craig
Its President
, INC.
The foregoing instrument was acknowledged before me this 3~J day of
R rr�ue►,�,1, �,� , 2020, by Craig Allen, the President of Chan Three Development, Inc., a
Minnesota corporation, on behalf of the entity, Grantor.
Q.MVn1s"ExpiiwJam;ary31,2Q23
LORI L CLARKNotary publicMinnesota
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212012v1
Notary Public
CITY OF CHANHASSEN
By
(SEAL) ise Ryan, Mayo
d
Bather Johnst , Interim City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2020, by Elise Ryan and by Heather Johnston, respectively the Mayor
and Interim City Manager of the City of Chanhassen, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
C__� (.-A/11 Elld C4
Nota Public
KIM T. MEUWISSEN
- Notary Public -Minnesota
My Commission Expires Jen 31.2025
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
2I2012A
EXHIBIT "A"
TO
TREE PRESERVATION EASEMENT
A tree preservation easement over, under and across that part of Lots 1, 4, and 5, Block 3, THE
BLUFFS AT LAKE LUCY, according to the recorded plat thereof, Carver County, Minnesota,
described as follows:
Beginning at the northwest corner of said Lot 5; thence on an assumed bearing of South 01 degrees
48 minutes 03 seconds West, along the west line of said Lot 5, a distance of 100.00 feet; thence
South 87 degree 48 minutes 41 seconds East, a distance of 193.13 feet to the east line of said Lot
4; thence North 07 degrees 47 minutes 08 seconds East, along said east line of Lot 4, a distance of
9.41 feet to the south line of said Lot 1; thence South 82 degree 12 minutes 52 seconds East, along
said south line of Lot 1, a distance of 40.00 feet; thence North 07 degree 47 minutes 08 seconds
East, a distance of 94.99 feet to the north block line of said Lots 1, 4, and 5; thence North 87 degree
48 minutes 41 seconds West, along said north block line, a distance of 243.80 feet to the point of
beginning.
Tree Preservation Area: 23,558 s.f.
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2120 120
EXHIBIT "B" TO TREE PRESERVATION EASEMENT
N -
OR
LA
212012A
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CONSENT TO TREE PRESERVATION EASEMENT
Bridgewater Bank, a Minnesota corporation, which holds a Mortgage filed the 12th day of
October, 2020 in the Office of the County Recorder in and for Carver County, Minnesota, as
Document No. T215904 on the subject property, the development of which is governed by the
foregoing Tree Preservation Easement, agrees that the Tree Preservation Easement shall remain in
full force and effect even if it forecloses on its mortgage.
,(
Dated this day of (,�ii1%tom 2020.
Bridgewater Bank
RE
STATE OF MINNESOTA )
ss.-
COUNTY
s:COUNTY OF 2 v e `y,
T as D. Johnson
Vs- Senior Vice President
Construction Lending
The foregoing instrument was acknowledged before me the 2'4 day of ly� v' �i 2020, by
Thomas D. Johnson, the Senior Vice President Construction Lending of Bridgewater Bank, a
Corporation under the laws of Minnesota on behalf of the Corporation.
*f K X��
Notary Public
This Instrument Drafted By:
Custom Dome Builders Title, LLC
10850 Old County Road 15
Plymouth, MN 55441
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212013A
NADIYA S. RINGEN
NotaryPublic
Minnesota
m, My Commission Expire'
s January 31, 2025