DOCS-#198571-v1-CONSERVATION_EASEMENT_AVIENDA
(Reserved for recording information)
CONSERVATION EASEMENT
INSTRUMENT made this _______ day of _____________, 2018, by and between LEVEL 7 DEVELOPMENT LLC, a Minnesota limited liability company, (“Grantor”), and the CITY OF CHANHASSEN, a Minnesota
municipal corporation ("City").
WITNESSETH:
The Grantor, in consideration of approval of the Avienda development 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”).
Scope of Easement. Grantor for itself, its heirs 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 noxious weed control by or as directed by a governmental agency.
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.
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.
H. Use of the Easement Premises for motorcycles, all-terrain vehicles, snowmobiles, or other motorized vehicles.
Exceptions. Grantor for itself, its heirs, 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 instrument.
Enter upon the easement premises at any time for purposes of maintaining stormwater utilities within any drainage and utility easements located within the easement premises.
Warranty of Title. The Grantor warrants that it is the owner of the Property as described above and has the right, title and capacity to convey to the Grantee the Conservation Easement
herein.
Environmental Matters. The Grantee 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.
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.
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.
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.
Amendment. This Agreement may be amended or modified by an instrument signed by the City and the Grantors, or their respective heirs, successors and assigns in interest to the Easement
Premises.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and year set forth above.
GRANTOR:
LEVEL 7 DEVELOPMENT LLC
By: ________________________________
________________________________
Its: ________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ______ day of ____________________, 2018, by ______________________________________, the _______________________ of Level 7
Development LLC, a Minnesota limited liability company, on its behalf.
___________________________________
Notary Public
CITY OF CHANHASSEN
By ___________________________________
(SEAL) Denny Laufenburger, Mayor
And __________________________________
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of __________________, 2018, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and 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.
____________________________________
Notary Public
EXHIBIT "A"
TO
CONSERVATION EASEMENT
Easement Description
A permanent easement for conservation purposes over, under and across that portion of Outlot A, AVIENDA, Carver County, Minnesota, according to the recorded plat thereof, lying southerly
and southwesterly of the following described line: Beginning at the northwest corner of said Outlot A; thence northeasterly 101.60 feet along the northwesterly line of said Outlot A,
being a curve to the right, having a central angle of 5 degrees 04 minutes 15 seconds, a radius of 1148.00 feet and a chord bearing of North 35 degrees 08 minutes 57 seconds East; thence
North 90 degrees 00 minutes 00 seconds East 208.59 feet; thence South 84 degrees 03 minutes 11 seconds East 195.69 feet; thence South 77 degrees 16 minutes 33 seconds East 128.86 feet;
thence South 72 degrees 45 minutes 31 seconds East 123.12 feet; thence South 67 degrees 22 minutes 49 seconds East 105.43 feet; thence South 60 degrees 56 minutes 44 seconds East 83.49
feet; thence South 39 degrees 22 minutes 33 seconds East 89.21 feet; thence South 5 degrees 33 minutes 21 seconds East 85.52 feet; thence South 15 degrees 04 minutes 06 seconds East
109.18 feet; thence South 59 degrees 55 minutes 53 seconds East 89.02 feet; thence South 7 degrees 45 minutes 55 seconds East 14.59 feet to the south line of said Outlot A and there
terminating.
Containing 909,287 SF. - 20.874 AC.
EXHIBIT "B"
TO
CONSERVATION EASEMENT
/