Signed stormwater agreementDECLARATION
'IHIS DECLARATION (Declaration) is made this Ja day of Oc*sV.rr , 2024, by and
wooddale Builders, Inc., a Minnesota corporation (Declarant) in favor of the Minnehaha creek
walershed District (MCWD), a special purpose local unit of govemment with purposes and powers
pursuant to Minnesola Statutes Chapters 1038 and 103D.
RECITALS
WHEREAS Declarant owns real property within the City of Chanhassen, CARVER COL]NTY,
Minnesota, plalted and legally described as:
Lots l, 2, 3, Block 1;
Lot 4, Block 1 and Outlot A;
Lot 5, Block I and Outlot B;
all in Waterview, Carver County, Minnesota.
(the Property) and no one other than Declarant, and Premier Bank, has any right, title or interest in the
Property; and
WHEI{EAS, the Property constitutcs the entirety of the land to which MCWD Permit #24-338
applies; and
WDl25-15-985241.v2
WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions
irnposed by the MCWD as a condition to issuance of Permit #24-338 for the mutual benefit of the
MCWD and the owners of the Property.
NOW, THEREFORE, Declarant makes lhis Declaration and hereby declares that this
Declaration shall constitute covenants to run with the Property in perpetuiry, and further declares that the
Prope(y shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements,
charges 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. AII lcaturcs requiring maintenance identified on the scaled site plan for the Property
attached hercto and incorporated herein as Attachment A will be maintained in perpetuity in accordance
with as follows:
I. INTENTIONALLY OMITTED
2. INTENTIONALLY OMITTED
3. STORMWATERFACILITIES
Stormwater rctcntion and treatment basin(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 continue to perform per design. Culverts and
outfall structures must be inspected 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 inspection, if the stormwater basin(s) is identified for sediment
clcanout, the basin(s) will be restored to its original design contours and vegetation in
disturbed areas restored within one year of the inspection date.
b. 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.
Intentionally Omitted
a
C
d. Vegctatcd swalcs. Vegetated swales may mowed for public safety, but otherwise must
remain lree lrom vegetative disturbance, fertilizer application, yard or other waste
disposal, the placement ofstructures unless approved within the permit, or any other
alteration that impedes function.
e. IntentionallyOmilted
f. IntcntionallyOmitted
WDl25-35"985241.v2
g. Grit chambers, sump catch basins and sump manholes. Grit chambers, sump catch
basins and sump manholes will be inspected in the spring, summer and fall oleach year.
All sediment and debris will be removed as needed such that the stormwater facilities
operate as designed and permitted.
h. Intentionallv Omitted
i. IntentionallyOmitted
j. llcporting. 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 ofinspections and the maintenance activities performed.
Violation. Both the Declarant and a subsequent property owner are liable to the MCWD lor
perlbrmance under this Declaration, and the MCWD may seek any remedy in law or equity against
the Declarant as long as the declarant owns the Property and thereafter against the property owner to
enforce the Declaration.
2. "l'ropcrty owner" as uscd in this Declaration means the owner ofthe property on which is located
thc lacilities to which the obligations herein apply.
3. Rccitals. 'lhc recitals set forth abovc are expressly incorporated herein.
WDl25-15-985241v2
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set
lorth.
DECLARANT:
By: Steven Schwieters
President
W'ooddale Builders, Inc.
State of Minnesota
County ol L\e-nn.o,..\
This instrument was acknowledged before me on aa this day of Oc--\"'><-<
2024 by Steven Schwieters as President of Wooddale Builders, Inc., a Minnesota
Corporation
(Signature of notarial offrcer)
(Stamp)
f itle (and [tank)
My commission expires: \ 3\ - ) S
'['his Inslrument Was Dralted By:
Kennedy & Gravcn, Chartered (LMW)
700 5th Street Towers
150 South Fifth Street
Minneapolis MN 55402
MARGANET J, CHRISTOPHSN
Notsry Public
Stale ol Minnoso16
My Commission Expires
January 31, 2025
WD 125-15-985241 .v2
CONSENT and NON-DISTURBANCE
Legal description of Subject Property:
Lots l, 2, 3, Block I ;
Lot 4, Block I and Outlot A;
Lot 5, Block I and Outlot B;
all in Waterview, Carver County, Minnesota
Co*we-r County, Minnesota
Premier Bank is the current holder and owner of a Mortgage, made and subscribed by Wooddale
Builders, Inc. and filed for record on August 27,2024, as Document No. A776645, in the Office ofthe
County Recorder, Carver County, Minnesota.
Premier Bank hereby consents to the attached Declaration executed by Douglas A. Schultze to the
Minnehaha Creek Watershed District, andjoins in the execution hereof solely as lien holder and hereby
agrees that in the event of the foreclosure ofthe Mortgage, or other sale ofthe Subject Property
described in said Mortgage underjudicial or non-judicial proceedings, the same shall be sold subject to
said Declaration.
Signed and executed this, !l+day of 2024
ftl,$-
rt name and title]
STA'IE OF MINNESOTA
COUNTY OF
BEFORE ME, the undersigned authoriry, on this day personally appeared Douglas A'Schultze,
President of Premier Bank. known to me to be the person and officer whose name is subscribed to the
foregoing instrument and who acknowledged to me that (s)he executed the same for the purposes and
consl on therein expressed, in the capacity therein stated,as the act and deed of
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GIVEN LINDER MY HAND AND SEAL OF OFFICE THIS Zq dAY or OC{o Wy
Notary Public
HANNAH KATHLEEN KUNZ
i OtAir aJOUCta {alotA
rt Y c(L 6aoir cr'|!if
WD 125-15-985241 .v2
By:
RafnS.eur
2024.
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