DeclarationDocument Number: A730786
Filed and/or Recorded on
Aug 13, 2021 9:39 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy CS Pkg ID: 7343594
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 5
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
DECLARATION
THIS DECLARATION (Declaration) is made this % f -rh day of U- .f , 2021, by and
between SCHAEFCO DEVELOPMENT, LLC, a Minnesota limited liabili y company (Declarant)
in favor of the MINNEHAHA CREEK WATERSHED DISTRICT (MCWD), a special purpose local unit
of government with purposes and powers pursuant to Minnesota Statutes Chapters 103B and 103D.
RECITALS
WHEREAS Declarant owns real property within the City of Chanhassen, Carver County,
Minnesota, platted and legally described as:
Lots 1 through 3, inclusive, Block 1; and Clutlot A; Deer Haven, according to the recorded
plat thereof, Carver County, Minnesota.
(the Property) and no one other than Declarant has any right, title or interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit #�
applies; and
WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions
imposed by the MCWD as a condition to issuance of Permit # 1-ld�l for the mutual benefit of the MCWD
and the owners of the Property.
NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration
shall constitute covenants to run with the Property in perpetuity, and further declares that the Property
shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges
Custom Home Builders Title, LLC %� zo
3510829.v2 10850 Old County Road 15, #100 /
Plymouth, MN 55441
and liens set forth in this Declaration, all of which shall be 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 identified on the scaled site plan for the Property attached hereto and
incorporated herein as Attachment I will be maintained in perpetuity in accordance with as follows:
1. STORMWATER FACILITIES
a. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins
and filtration basins 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.
b. Reporting. The Declarant will submit to the MCWD annually a brief written report that
describes stormwater facility maintenance activities performed under this Declaration,
including dates, locations of inspections and the maintenance activities performed.
1. Violation. The Declarant shall be liable to the MCWD for performance under this Declaration, and
the MCWD may seek any remedy in law or equity against the Declarant to enforce the Declaration.
2. Association at the Property. In connection with the development of the Property, Declarant, or its
successors or assigns, shall record a declaration against the Property and establish a homeowner's
association to govern certain matters relating to the Property under the terms of such declaration.
Effective upon the recording of the declaration against such the Property, such association, as
Declarant's successor and assign hereunder, shall thereafter be a party hereto in lieu and in place of
Declarant and shall exercise all rights and have all of the duties and obligations of Declarant as to the
Property and the stormwater facilities identified herein under this Declaration and Declarant shall
thereafter have no further rights, duties and/or obligations under or pursuant to this Declaration as to
the Property and/or such stormwater facilities.
3. Recitals. The recitals set forth above are expressly incorporated herein.
3510829.v2
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth.
DECLARANT:
SCHAEFCO DEVELOPMENT, LLC,
a Minnesota limited liability company
T/fngoth j 1. Brown
Its: Vice President
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this // �rAday of , 2021,
by Timothy J. Brown, the Vice President of Schaefco Development, LLC, a Minn sota limited liability
company, on behalf of said entity.
THIS INSTRUMENT WAS DRAFTED BY:
FELHABER LARSON (MSR)
Attorneys at Law
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
(612)373-8409
' �E !�
otary Public
--------------------
QALE E. LARSON
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