DOCS-#198571-v2-CONSERVATION_EASEMENT_AVIENDA1
198571v2
(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”).
1. 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.
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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.
2. 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:
A. Enter upon the Easement Premises at any time to enforce compliance with the terms
of this instrument.
B. Allow public access to Outlot A at all times, including pets on leash.
C. Construct and maintain natural surface walking trails throughout Outlot A.
3. 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.
4. 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.
5. 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.
6. 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.
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7. 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.
8. 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
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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
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EXHIBIT "A"
TO
CONSERVATION EASEMENT
Easement Description
A permanent easement for conservation purposes over, under and across Outlot A, AVIENDA,
Carver County, Minnesota, according to the recorded plat thereof.
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EXHIBIT "B"
TO
CONSERVATION EASEMENT