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A-789175 Declaration MCWD (Lots 6-8)Document Number: A789175 Filed and/or Recorded on Jul 30, 2025 11:48 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy NV Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC Pages: 6 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 23 day of J a 64 , 2025, by and Rachel Development, Inc., a Minnesota corporation (Declarant) in favor of the Minn Naha 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 6, 7, and 8, Block 2, Pleasant View Pointe, Carver County, MN (the Property) and no one other than Declarant and Tradition Capital Bank has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit # 24-591 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 # 24-591 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 4476906.0 i��' }� . Custom Home Builders Title, LLC 10850 Old County Road 15, #100 Plymouth, MN 55441 Property 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. All features requiring maintenance identified on the scaled site plan for the Property attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance with as follows: 1. STORMWATER FACILITIES a. Filtration trench. Filtration trench 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 property owner 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. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for performance 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. 3. "Property owner" as used in this Declaration means the owner of the property on which is located the facilities to which the obligations herein apply. 4. Association at the Property. Notwithstanding anything to the contrary contained herein, in connection with the development of the Property, Declarant intends to file covenants on the title of the Property by which a homeowner's association would be responsible for the obligations of the property owner under this Declaration. If the MCWD requires performance under this Declaration and a homeowner's association exists subject to such covenants, the MCWD, in the first instance, will use good faith efforts to obtain performance from the association. However, the property owner remains responsible to the MCWD under this Declaration and subject to its terms if the association fails to so perform. 5. Recitals. The recitals set forth above are expressly incorporated herein. 4476906.0 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: Rachel Dev nt, Inc. By: David Stradtman Vice President of Development, of Rachel Development, Inc., a Minnesota corporation State of Minnesota County of r This instrument was acknowledged before me on 23 ate) by David Stradtman, as Vice President of Development of Rachel bevelopment, Inc., a Minnesota corporation. nature of notarial officer) (Stamp) ANDREA LEIGH SMIT;--. NOTARY PUBLIC - MINNESG Mair PKV Ic. Januar1Title (and Rank) My Commiy 31, Expir•: 2026 My commission expires: jAhU A l,/ 3 (. 202-G This Instrument Was Drafted By: Felhaber Larson (MSR) 220 South Sixth Street, Suite 2200 Minneapolis, MN 55442 (612) 339-6321 4476906.0 Attachment A � r r — � < I 70 � I LOCK 2 \ C q.3' OF 6" PVC ® 0.50% - I I 206.8 LF-6" PERFO TED DR ILE R 0.5 % MIN \ 1022 c-ADS 700 I L45.5' OF 6" PVC ® 0.5 e v IMIH 701 TOP OF BERM I FILTRATION TRENCH 1020.0 100 YEAR HWL:1020.10 I I I I I I I CITY OWNED I I OUTLOT FILTRATION TRENCH DETAIL TOP OF CRONOT To SECCIAALE D-D BERM & EOF:1020.0 �ft101� — — 3.1 FILTRATION LEVEL:1020.0 BOTTOM OF FILTRATION BASIN 1019.0 VBOTTOM OF FILTRATION TRENCH MEDIA 1017.0 FILTRATION TRENCH (SEE DETAIL) FILTRATION TRENCH DETAIL NOT TO SCALE z r mm wuw ousm or � ea NxI f1v a VOK.101" 3' d WWTU to K SAWY 0evra r1or NW~us m pt widest Aom"4 wcom 9W m^w r 0-M sac. N x(xvrowwe9c K r MU[ M 9D1a112 M weolnn 90reM DR INTILE NSET N 1' EXHIBIT B -Filtration Trench -Pleasant View Pointe CMANFIA88EN, MN DATE: 6-23-2025 DRAWN BY: TAS ALLIANT SCALE: I' - 60• 999w1911199 4476906.v7 CONSENT and NON -DISTURBANCE Legal description of Subject Property: Lots 6, 7 and 8, Block 2, Pleasant View Pointe Carver County, Minnesota Tradition Capital Bank, a Minnesota banking corporation (Mortgagee), is the current holder and owner of a Mortgage, made and subscribed by Rachel Development, Inc., a Minnesota corporation (Declarant) and filed for record on May 16, 2025, as Document No. A786274, in the Office of the County Recorder, Carver County, Minnesota. Mortgagee hereby consents to the attached Declaration executed by Declarant to the Minnehaha Creek Watershed District, and joins in the execution hereof solely as lien holder and hereby agrees that in the event of the foreclosure of the Mortgage, or other sale of the Subject Property described in said Mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Declaration. Signed and executed this Z`J day of J a tT _'2025. Tradition Capital Bank a Minnesota banking corporation By: ake Schoenberg Its: Vice President STATE OF MINNESOTA COUNTY OF BEFORE ME, the undersigns authority, on this day personally appeared Jake Schoenberg, Vice President of Tradition Capital Bank, a Minnesota banking corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 2025. ?votary Public E91,R1 ENDA S SKEATE Pubft, State of Minnesota y Januarys 9s 102026 n 4476906.0 � 1day of V