A789384 Stormwater Operation & Maintenance Agreement Filtration TrenchDocument Number: A789384
Filed and/or Recorded on
Aug 4, 2025 2:57 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy TH
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: Custom Home Builders Title, LLC
Pages: 12
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
STORMWATER OPERATION & MAINTENANCE AGREEMENT
Filtration Trench— Pleasant View Pointe
THIS AGREEMENT is made and entered into as of the c ,- day of f -I , 2025, by and
between Rachel Development, INC, a Minnesota corporation, hereinafter referred to as the "Owner" and
the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the "City".
RECITALS
A. The Owner is the owner of certain real property located in Carver County, Minnesota,
legally described as follows:
Lots 6, 7, and 8, Block 2, Pleasant View Pointe, Carver County, M7V
("Property"); and
B. The Owner is proposing construction and implementation of a filtration trench stormwater
(Best Management Practice) BMP system within the Property; and
C. The submitted permit application, hereinafter called the "Plans", which are expressly made
a part hereof, as approved by the City, provides for filtration of stormwater within the confines of the
Properly via a draintile system; and
D. The City and the Owner agree that the health, safety, and welfare of the residents of the
City of Chanhassen, Minnesota, require that on -site stormwater managementBMP facilities be
constructed and maintained on the Property; and
E. The City requires that on -site Filtration Trench ("Stormwater Facilities") as shown on the
Plans be constructed and adequately maintained by the Owner as a condition of final plan approval; and
F. The Owner is required to enter into this Agreement as a condition of final plan approval and
grant to the City a license to enter the Property to inspect and, if necessary, complete work required under
the terms of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Construction of Stormwater Improvements. Owner shall construct the Stormwater
Facilities in accordance with the plans and specifications identified in the Plan.
2. Maintenance of Stormwater Improvements.
A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the City
engineering standards for stormwater treatment facilities attached hereto as Exhibit A. This includes all
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pavement, pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all
structures, improvements, and vegetation provided to control the quantity and quality of the stormwater.
Adequate maintenance is herein defined as good working condition so that these Stormwater Facilities are
performing their design functions.
B. The Owner will perform the work necessary to keep these Stormwater Facilities in good
working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including
sediment removal) is outlined on the approved Plans, the schedule will be followed and comply with all
applicable federal, state, and local regulations relating to the disposal of material, such as sediment.
3. Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and submit
an inspection report annually and shall be responsible for the payment of any associated costs. The purpose
of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the
entire facilities. Deficiencies shall be noted in the inspection report set forth in Exhibit A.
4. City Access and Maintenance Rights.
A. The Owner hereby grants a license to the City, its authorized agents and employees, to
enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary as shown
on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the terms of
subparagraph B, below. The City shall provide written notice to the Owner fourteen (14) days prior to
entry. The City shall provide the Owner, copies of the inspection findings and a directive to commence
with the repairs if necessary ("Inspection Report").
B. In the event the Owner fails to maintain the Stormwater Facilities in good working
condition acceptable to the City and such failure continues for 60 days after the City gives the Owner
written notice of such failure, the City may enter upon the Property and take whatever steps necessary,
including excavation and the storage of materials and equipment., to correct deficiencies identified in the
Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed.
The City may charge the costs, including assessing the City's costs to the Owner's property taxes, to the
Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature
outside of the area of the Stormwater Facilities. It is expressly understood and agreed that the City is under
no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this
Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is,
and will be, solely responsible to address complaints and legal claims brought by any third party with
regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The
Owner shall defend and hold the City harmless from any such third -party claim, except to the extent of
the City's or its agents', contractors' or employees' negligence or willful misconduct.
5. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably
incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs
and reasonable attorneys' fees.
6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City.
The Owner shall indemnify and hold harmless the City and its agents and employees against any and all
claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or
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resulting from the Owner or the Owner's agents' or employees' negligent or intentional acts, or any
violation of any safety law, regulation or code in the performance of this Agreement, without regard to
any inspection or review made or not made by the City, its agents or employees or failure by the City, its
agents or employees to take any other prudent precautions, except to the extent of the City's or its agents',
contractors' or employees' negligence or willful misconduct. In the event the City, upon the failure of the
Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority
in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and
representatives from any cost, damage or harm, except to the extent resulting from the City's or its agents',
or employees' negligent acts in the performance of the Owner's required work under this Agreement.
Failure to perform any of the Owner's required work shall not be considered negligence by the City, its
employees, agents or representatives.
7. Notice. All notices required under this Agreement shall either be personally delivered or
be sent by certified or registered mail and addressed as follows:
To the Owner: Rachel Development, Inc.
Attention: Paul Robinson
4180 Napier Court NE
St. Michael, MN 55376
To the City: City of Chanhassen
Attention: Water Resources Engineer
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
All notices given hereunder shall be deemed given when personally delivered or two business days after
being placed in the mail properly addressed as provided herein.
8. Successors/Covenants Run With the Property. The terms and conditions of this
Agreement shall run with the Property. All duties and obligations of Owner under this Agreement shall be
duties and obligations of Owner's successors and assigns, jointly and severally. Notwithstanding the
foregoing, in connection with the development of the Property a declaration will be recorded against the
Property that will establish a homeowner's association to govern certain matters relating to the Property
under the terms of such declaration which shall include the obligation of the homeowner's association to
comply with the terms of this Agreement. Effective upon the recording of the declaration against the
Property, such association, as Owner's assign hereunder, shall thereafter become the responsible parry
hereto.
9. Covenants Run with Property. The terms and conditions of this Agreement shall run with
the Property and shall be binding upon future owners of the Property.
[Remainder ofpage intentionally left blank.
,Signature page follows.]
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• �_
Rachel Development, In
a Minnesota corpora
By:
David Stradtman
Its: Vice President of Development
STATE OF MINNESOTA )
) ss.
COUNTY OF W IL16 RT)
The foregoing instrument was acknowledged before me thisIl - day of V , 2025,
by David Stradtman, the Vice President of Development of Rachel Development, In ., a Minnesota
corporation, on behalf of said entity.
AI�DREA LEIGH SMITH
NOTARY PUBLIC-MINNESOTA
Noy Commission Expires
January31, 2026
Nob(public
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CITY:
CITY OF CHANHASSEN
;t By:
Elise Ryan, Ma or
A'°
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this JL day of , 2025,by
Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager, of the City 6f Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
e" JENNIFER ANN POTTER
Notary Public -Minnesota
7 Y My Commission Expires P Jan 31, 2027
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
�)O�
Notary Public 0'
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EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
Operations and Maintenance of Stormwater Facility
The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the
stormwater facility as depicted and attached hereto, utilizing the stormwater facility maintenance inspection
checklist, attached hereto, and shall make any repairs to the stormwater facility necessary for its intended
design and function, as determined by the City's Water Resources Engineer for the remaining life of the
Stormwater Facility.
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Inspection Date:
Property Name: _
City: Chanhassen
Owner Name:
Stormwater Facility Maintenance Inspection Checklist
Basin 2 — Pleasant View Pointe
Time:
A.M. / P.M.
Address: Lot 6-8 Block 2 — Pleasant View Pointe
State (initials): MN Zip Code: 55317
(If applicable) Owner Change Since Last Inspected?
Email Address:
Site Conditions:
Y/N
Phone Number:
Rainfall in Last 24-48 Hours? Y / N
*Inspection Frequency Key:
A = annual (required); Q = quarterly (recommended); S = post -storm event (recommended); M = monthly
*Maintenance Key: x = Needs immediate attention; ✓ = O.K.; N/A = Not Applicable; ? = Clarification Needed
BMP Functionality
Check that surface is trash/ debris -free. Q
Corrective action: If not, remove any
trash/debris immediately upon discovery.
Check for evidence of standing water. Standing
water should be drained within 48 hours of rain
event. If standing water persists past 48 hours
after rain event. One or more of the following
activities may be needed.
Corrective Action:
A) Verify that all draintile is clear of
obstructions. If not jet or remove
obstructions.
B) Check outlets and inlet for blockages
C) Remove rock mulch, Scarify basin bottom to
24" outside of draintile envelope. If
scarifying basin is unsuccessful basin bottom
soil shall be remediated with 24" of basin
bottom engineered material. See Exhibit B
I1
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basin cross section notes. Replace removed
rock mulch.
Check that basin has adequate rock mulch.
Q
as specified per plan. See Exhibit B.
Corrective Action: If not, re -mulch as required.
Verify that t}Zere is no noxious vegetation.
Q
Example: See Minnesota Department of
Agriculture for full list of noxious weeds.
Corrective action: If noxious vegetation exists,
Control and/or remove any noxious vegetation
as provided for in the guidance by the Minnesota
Department of Agriculture and vegetate per plan.
Check to make sure draintile is not clogged and
A
is free of debris.
Corrective Action: Clear draintile of any
clogging or debris if found.
Stormwater Infrastructure clean of dirt/sediment
Q
and free of debris.
Corrective Action: If not, remove debris.
Remove and Dispose of sediment properly.
Adjacent Area
Make sure there is no exposed sediment
Q
discharging to basin. Bare soil/dirt washing into
basin is not allowed.
Corrective Action: If there is sediment in the
basin and/or adjacent exposed areas remove and
dispose of sediment properly and vegetate
exposed soil areas.
Check for adequate adjacent vegetation cover.
Q
Surrounding area shall be vegetated per plan.
See Exhibit B.
Corrective Action: If lacking sufficient
vegetation, re-seed/sod as required per plan.
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Make sure berm(s) have the needed integrity: no
Q
sediment erosion and have not washed out.
Corrective Action: If lacking integrity or are
eroding re-Grade/shape per plan.
Additional Comments:
Inspector Name (Print):
Inspector Signature:
Estimated Date of Next Inspection: / _ /
Submit Inspection Report yearly to the City of Chanhassen Engineering Department. Attention to Joe
Seidl, Water Resources Engineer. jseidl@chanhassen.gov
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EXHIBIT B
STORMWATER BMP EXHIBIT
Iwo
45.5' OF 6" PVC 0.50%
— TOP OF BERM
1020:0 FILTRATION TRENCH
100 YEAR HWL:1020.10
FILTRATION TRENCH DETAIL
CROSS SECTION D—D
TOP OF NOT TO SCALE
BERM &
EOF:1020.0 HWL�r0�1�
3:1
3" 1 FILTRATION
LEVEL: 1020.0
BOTTOM OF FILTRATION
BASIN 1111-0 BOTTOM OF FILTRATION
TRENCH MEDIA 1017"0
FILTRATION TRENCH
(SEE DETAIL)
EXHIBIT B - Filtration Trench - Pleasant View Pointe
CHANHASSEN, MN
FILTRATION TRENCH DETAIL
NOT TO SCALE
z
Y K= NL,L l OU=C or
DRASiME E-MCPE @
N
SEE MET
TOP Of iRLVptioM"0
RETWNDER
FMTRAT= TRENOI
mow" BE GLEAN SANG 10' SAND Ara^+ TNIDO,$$
ATOP DRAMMLE SECTi'%�
oRAzrcTaE To eE
SURROUNDiD BY Y Cf
1Y AND ON T soE Of
p}T WOM AOMMIr
V U "LE W AD:REGTE
SHALL NAVE r CNDNE,G
N
STONE.
a' PORECRATCD DRIINTILC O YW
O.Sk i BOTTOu
I � 12 �
Of 1ME iREtKM 6JTT01,}
C T D BOT I)
DRAINTILE INSET
N 0'
0®.
DATE: 7-15-25
DRAWN BY. TAS ALLIANT
SCALE_ 1" - 60' •..T.......
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MORTGAGE HOLDER CONSENT
TO STORMWATER MAINTENANCE AGREEMENT
Tradition Capital Bank, a Minnesota banking corporation, which holds a Mortgage on all or
part of the Property more particularly described in the foregoing Stormwater Maintenance
Agreement, which Mortgage is dated May 15, 2025 and recorded May 16, 2025as Document No.
A786274with the offices of the Carver County Recorder/Registrar of Titles, Minnesota, for good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby join in, consents to, and is subject to the foregoing Stormwater Maintenance Agreement.
Tradition Capital Bank,
a Minnesota banking corporation
By:
ake Schoenberg
Its Vice President
STATE OF MINNESOTA )
( SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 2-� day of T 1-z ,
2025 by Jake Schoenberg, the Vice President of Tradition Capital Bank a, Minnesota banking
corporation ,on behalf of said entity.
7�K4 s�'n� as w
JOP! A FISHER
OU4
NOTARY PUBLIC
STATE OF MINNESOT]2030
Commission Expires Jan. 31
DRAFTED BY:
CAMPBELL KNUCSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
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Mary Public