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A-789177 Conservation EasementDocument Number: A789177 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: 8 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (Reserved tim recording information) CONSERVATION EASEMENT INSTRUMENT made this 1?00 day of J W , 2025, by and between Rachel Development INC, ("Grantor"), and the CITY OF CHATkHASSEN, a Minnesota municipal corporation ("City"). WITNESSETH: The Grantor, in consideration of approval of the Pleasant View Pointe final plat, the requirement of the Pleasant View Pointe Development Contract, 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") to preserve the existing bluff on the property. 1. Scope of Easement. Grantor for itself, its successors 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, clothesline poles, and playground equipment, except as allowed by Article 20-XXVIII Bluff Protection or as allowed or required under any drainage and utility easements located within the easement premises. B. Removal or alteration of vegetation, except that allowed in Section 20-1403 allowing limited activity with prior city approval. 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. F. Application of fertilizers, whether natural or chemical. r4kW. Custom Home Builders Title, LLC. 1 10850 Old County Road 15, #100 Plymouth, MN 55441 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. Outside storage of any kind. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. Exceptions. Grantor for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation to do the following on the Easement Premises: Enter upon the Easement Premises at any time to enforce compliance with the terms of this instrument. 3. Warranty of Title. Grantor warrants that it is the owner of the Easement Premises and has the right, title and capacity to convey to the City the Conservation Easement herein. 4. Environmental Matters. The City 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 Premises prior to the date of this instrument. 5. Release. Grantor hereby remises, releases, acquits and forever discharges, 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 the existence of the bluff with the Easement Premises. 6. No Public Interest. Nothing contained herein 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. 7. Binding Effect; Enforceability. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, and Grantor's 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, modified or released by an instrument signed by the City and the Grantor, or their respective successors and assigns in interest to the Easement Premises. 2 IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and year set forth above. GRA 7::�� David Stradtman, Vice President STATE OF MINNESOTA ) )ss. COUNTY OF OV G 4'f ) The foregoing instrument was acknowledged before me this I"a day of J U 1 14 , 20-U, by Rachel Development INC, , Grantors. E�N REA LEIGH SMITH Oub11CY PUBLIC • WINNESOTAommission Expiresanuary 31, 2026 3 (SEAL) STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) CITY OF CHANHASSEN By _ &AA� 44403 Elise Ryan, M or And Laurie Hokkanen, City Manager The foregoing instrument was acknowledged before me this 2Y LI day of ��J v , 20'L�, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and Ci 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. 01VY1,4v %11 a1 nnnn/'v�nMMMA MAW K. V� O MAN Notary P lic i Notary PubP� • •innesota My Cc:nmis; , .n ExP . a-E Jan 31, 2027 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 4 EXHIBIT "A" TO CONSERVATION EASEMENT Easement Description A permanent easement for conservation purposes over, under and across those parts of Lots 9, 10, and 11, Block 2, PLEASANT VIEW POINTE, according to the recorded plat thereof, Carver County, Minnesota, according to the recorded plat thereof and described as follows: Commencing at the southwest corner of said Lot 10; thence South 89 degrees 08 minutes 24 seconds East, assumed bearing along the south line of said Lot 10, a distance of 40.73 feet to the point of beginning; thence North 36 degrees 36 minutes 23 seconds East 103.81 feet; thence North 41 degrees 47 minutes 32 seconds East 64.08 feet; thence South 36 degrees 17 minutes 24 seconds East 86.14 feet; thence South 41 degrees 05 minutes 17 seconds West 40.60 feet; thence South 30 degrees 20 minutes 18 seconds West 37.91 feet; thence South 19 degrees 49 minutes 36 seconds West 63.71 feet; thence South 30 degrees 18 minutes 14 seconds West 38.73 feet; thence South 56 degrees 54 minutes 58 seconds West 37.17 feet; thence North 87 degrees 53 minutes 39 seconds West 119.92 feet; thence North 36 degrees 36 minutes 23 seconds East 138.15 feet to the point of beginning. 5 EXHIBIT "B" TO CONSERVATION EASEMENT low= of mewwe�wr nt D— S.W. Awta I•-w 12 r\ I r— n n A I —I— F\ / 1 I\ I I 11 /01 N87°53'39"W 1 119.92 1 37.17 Conservation Easement Area PLEASANT VIEW POINTE CONSERVATION EASEMENT EXHIBIT CHANHASSEN, MINESOTA 0 V L — V V \1 10 S30°20'18"W - SOUTH LINE LOT 10 37.91 BLOCK 2 r,� i\ I n —I— r— f- 1 \ J I I V I L- 9 0 25 50 100 SCALE IN FEET SHEET t OF 2 SHEETS AMlanl E g"". me M Melpueee Ave. sro 7 MMrawpolla. MN SSa02 e12.756,3030 r 612.7583M FAK w .aYhra-m xw C1 MORTGAGE HOLDER CONSENT TO CONSERVATION EASEMENT Tradition Capital Bank, a A; ft%410+` S �" 9 "I P" `o'' which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Conservation Easement, which mortgage is dated May 15, 2025 and recorded May 16, 2025 with the Carver County Registrar as document number A786274, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent to, and is subject to the foregoing Grant of Conservation Easement. Dated this z3'j day of J %J�j , 20X5. Tradition Capital Bank By: Jake Schoenberg Its: Vice President STATE OF MINNESOTA )ss. COUNTY OF ) VIA The foregoing instrument was acknowledged before me this day of , 205, by respectively the V i of Tradition Capital Bank, a ' vl CoV on ha) of the entity. _ 13RENDA S SKEATE Notary Notary Public, State of Minnesota My Commission Expires January 31, 2028 DRAFTED BY: Ct"rK of C+tA.JHA35(&J -7-700 #nALQT 3ovt_Ev4&O Po &>K. I y 7 e %%1JJ4 C56J� MN 55317 %1