A-789176 Declaration MCWD (Lots 9-13)Document Number: A789176
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 23J day of JUJq 2025, by and
Rachel Development, Inc., a Minnesota corporation (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 9, 10, 11, 12, and 13, 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.
V,k �o:
4476905.0 Custom Home Builders Title, LLC
10850 Old County Road 15, #100
Plymouth, MN 55441
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 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 basins. 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 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.
2. 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.
4476905.0
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set
forth.
DECLARANT:
Rachel De opm t, Inc.
By: David Stradtman
Vice President of Development of Rachel Development,
Inc., a Minnesota corporation
State of Minnesota
County of 1jV Al
This instrument was acknowledged before me on (date) by David
Stradtman, as Vice President of Development of Rachel Development, Inc. a Minnesota
corporation.
OA -,I ---(
Signature of notarial officer)
"+{ ANDREA LEIGH SMITH
NOTARY PUBLIC •tiINNESOTA
My Commission Expires
January 31, 2026
(Stamp)
0 Title (and Rank)
My commission expires: J anu"y 31, 26ZL
This Instrument Was Drafted By:
Felhaber Larson (MSR)
220 South Sixth Street, Suite 2200
Minneapolis, MN 55442
(612) 339-6321
4476905.0
Attachment A
FILTRATION BASIN DETAIL
FILTRATION SECTION DETAIL
OCS 501
CROSS SECTION C-C
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PLEASANT VIEW POINTE
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1-
EXHIBIT B -Filtration Basin 2 -Pleasant
View Pointe
0' 50.1 1 Do
CHANHASSEN, MN
DATE: 07/15/2025
DRAWN BY: TAS ALLIANT
SCALE: I' . 100' rNNHrN'w
4476905.v6
CONSENT and NON -DISTURBANCE
Legal description of Subject Property:
Lots 9, 10, 11, 12 and 13, 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 Z3`4day of
STATE OF MINNESOTA
COUNTY OF
44s _ _ .2025.
Tradition Capital Bank
a Minnesota banking corporation
By:
Jake Schoenberg
Its: Vice President
BEFORE ME, the undersigned 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.
Notary Public
BRENDA S SKEATE
Notary Public, State of Minnewla
My Commission ExPkp
w
January 31, 2028
4476905. v6
day of ,