DeclarationDocurn€nt Number: A726063
Fild and/or Recorded on
Jun 2, 2021 8:36 AM
Office of the Courfi Recorder/RegisEar of Ttdes
Carver County, MinrEsota
Kaaren L6,vi9, Courty Recotder
Deputy KL
Document Recolding Fees $ 46.00
Docunotrtlat,,t $ 45.m
RequesurE Party: Eccutive Title - Laura Kmwles
Pages:4
THE DECIIRATION is made this 2 I st day of April, 2021 , by Lakes at
Chanhassen LLC (Declarant), in favor of the Riley purgatory Bluff Creek
Watershed Distrlct, a governmental suMivision of the State of Minnesota with
purposes and powers pursuant to Minn€sota statutes chapters l03B and I 03D
(RPECWD).
WHEREAS, Declarant is the owner of real propeny within the City of
Chanhassen, Carver county, Minnesota, platted and legally described as:
Lot 2, Block I, Powers Ridge Apartment Homes 2nd Addition
(the Property) and no one other than Declarant has any right, title or legal
interest in the Property; and
$}|EREAS, the Property constitutes the entirety of the land to which
RPBCTWD permit # 2021-005 applies; and
DECTARA'I]ON
RECTTALS
ItfllEREAS, Declarant desires to subject the Property to cenain conditions
and restrictions related to maintenance of facilities and site conditions required
by the RPBCWD as a condition of issuance of permit no. 2021-005 for the
mutual benefit of the RPBCWD and Declarant.
NOUI, 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 ownlng or acqulrlng any rlght, tltle 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:
I. STORMWATER FACILTTIES
a. Storfl rater netentlon and treatm€nt bash(s). Stormwater retention and
treatment basin(s) must be inspected at least once a year to determine if
the basin's retention and treatment characteristics are adequate and
contlnue to perform per deslgn. Culverts and outfall structures must be
anspected at least annually and kept clear ofany 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 inspectlon, 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 dat€.
b. Ralngardens, lnflltradon baslns and flltratbn baslns. Ralngardens,
infiltration basins and filtration basins will be inspected annually to
ensure rontinued live storage capacity at or above the design volume.
lnvasive vegetation, excess sediment and debris will be removed as
needed and healthy plant g rowth will be maintained to ensure that the
facilities continue to perform per design.
c. Underground storagc facllltlcs. Underground storage facilities will be
inspected at least annually to ensure continuang performance per design.
Capacity will be considered inadequate if sediment has decreased the
storage volume by 50 percent of the original design volume.
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Accumulated debris and sediment will be removed, and inlet and outlet
structures will be kept clear of any flow lmpedlments.
d. Grit chamb€rs, sump catch baslns and sump manholes. Grit chambers,
sump catch basins and sump manholes will be inspected in the spring,
summer and fall of each year. All sediment and debris will be removed as
needed such that the stormwater facllitles operate as designed and
permitted.
WrittEn Report, Property owner will submit to the RpBCWD annually a
brief written report that describes the maintenance activities performed
under this Declaration, including dates, locations of inspections and the
maintenance activltles performed.
Molatlon. The RPBCWD may seek any reasonable remedy in law or equity
against the Declarant as long as the Declarant owns the property and
thereafter against the prop€rty Owner for a violation of this declaration.
"Propeny Owne/' as used in thls declaration means the owner of the
Property or a lot or outlot of record within the property to which a
maintenance obligation herein applies.
5. Rlcltals. The recitals set forth above are expressly incorporated herein.
lN wlrNEss WHEREOF, the undersigned has executed this instrument the day
and year first set fonh.
DECI.ARANT:
Todd M. Simning, its Manager
J
STATEOFMINNESOTA )
couNrY or(d,lt L )ss
)
The foregoing instrument was acknowledged before me this 2l st day of
April, 2021, by Todd M. Simning, as Manager of Lakes at Chanhassen LLC, a
Minnesota limited liability company.
,fr*,,
Notary Public
This instrument was drafted by:
IIENSON I,ATT OE FICE, PA
130 Division Street, suite 118
traite Pa!k, MN 56387 PAMEI.AAIIN SIMNING
NOIAFY PIJBUC - MIT,IIGSOTA
MY CoMMlssloil EXP|SES 01nln2
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