4 Declaration - recordedDocument Number: A792657
Filed and/or Recorded on
Oct 27, 2025 10:50 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy RR/NV
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: Custom Home Builders Title, LLC
Pages: 13
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 is made this s 4 day of October, 2025, by
Avienda Apartments Owner LLC, a Delaware limited liability company, its
successors and assigns, in favor of the Riley -Purgatory -Bluff Creek Watershed
District, a governmental subdivision of the State of Minnesota with purposes and
powers pursuant to Minnesota Statutes chapters 103B and 103D (RPBCWD).
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
Chanhassen, Carver County, Minnesota, platted and legally described as:
Lot 1, Block 1, Avienda Apartments, according to the recorded plat thereof,
Carver County, Minnesota.
(the "Property") and no one other than Declarant has any right, title or legal
interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which
RPBCWD permit #2025-029 applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions related to maintenance of facilities and site conditions required
RPBCWD Declaration Template
11-21-14
by the RPBCWD as a condition of issuance of permit no. 2025-029 for the mutual
benefit of the RPBCWD and Declarant.
WHEREAS, a Declaration covering the Property and additional parcels
was previously recorded on July 2, 2021 in the Office of the Carver County
Recorder as Document Number A728033, which is no longer applicable to the
Property and which is hereby replaced with this Declaration;
NOW, THEREFORE, Declarant makes this declaration and hereby
declares that this declaration constitutes covenants to run with the Property in
perpetuity, and is 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 as specified below and on the scaled
site plan for the Property attached hereto and incorporated herein as Exhibit A
will be maintained in perpetuity as follows:
1. Stormwater Facilities. An underground storm chamber system or rate
control basin in the northern part of the Property (the "Northern Basin') will
accept stormwater from offsite public areas (Avienda Parkway from the
north) for treatment and will provide rate control, compensatory flood
storage, and live storage before discharging to the northwest of the Property.
The Property's stormwater runoff will be collected via surface drainage and
storm sewer piping from rain events to the east towards a Regional Basin /
surface wet basin / water re -use basin located on another parcel to the east of
the Property (the "Eastern Basin"). The Eastern Basin will be managed and
maintained by another operator in accordance with permit no. 2024-078 or a
subsequently issued permit. The Eastern Basin is designed to provide water
quality treatment and meet rate control requirements of the watershed.
A. Vegetated swales. Vegetated swales will remain free from mowing or
other vegetative disturbance, fertilizer application, yard or other waste
disposal, the placement of structures or any other alteration that impedes
the function of the vegetated swale. The locations of the vegetated swales
are depicted on Exhibits A & D.
B. Underground Storm Chamber System. The Underground Storm
Chamber System will be inspected at least annually to ensure continuing
performance per design. Accumulated debris and sediment will be
removed, and inlet and outlet structures will be kept clear of any flow
impediments. Proprietary stormwater facilities will be maintained as
2
specified or recommended by the manufacturer and/or installer as
described in Exhibit B. The location of the Underground Storm Chamber
System is depicted on Exhibits A & C. A cross section of system is
depicted on Exhibit E.
C. Sump catch basins and sump manholes. Sump catch basins and sump
manholes will be inspected in the spring, summer and fall of each year.
All sediment and debris will be removed as needed such that the
stormwater facilities operate as designed and permitted. The locations of
the sump manhole structures are depicted on Exhibits A & C.
D. Stormwater Reuse System. The Stormwater Reuse System is located both
offsite to the east and on the Property. The offsite portion to the east,
including the water source (Eastern Basin), will be inspected and
maintained by others per RPBCWD Permit No. 2024-078, including
inspection points designated per RPBCWD Permit No. 2024-078. The
connection point between the offsite Stormwater Reuse System and the
onsite Stormwater Reuse System is depicted on Exhibit A & D. The
portion of the Stormwater Reuse System which is located on the Property
will be maintained as specified or recommended by the manufacturer and
the maintenance will include the items listed below; provided that if the
items listed below conflict with the manufacturer's final maintenance
specifications or recommendations after construction of the Stormwater
Reuse System, then the specification and recommendations of the
manufacturer shall prevail.
1) Flow Meter: A flow meter will be operated and maintained to record
water usage to help determine the ability of the Stormwater Reuse
system to achieve estimated volume abstraction as set forth in the
RPBCWD approved design. Records of maintenance of the flow meter
and water usage shall be maintained for one year after submission of
the annual report to the RPBCWD, as required in section (2) of this
Declaration.
2) Pervious Areas: The pervious areas designated on Exhibit F must be
maintained in a pervious state for irrigation
E. Deciduous Trees. The Project is relying on at least 74 deciduous trees for
stormwater management. The locations of these trees are shown on
Exhibit G. Trees will be inspected annually to ensure continued tree
health. Diseased, unhealthy, dead, or otherwise hazardous trees may be
selectively removed but must replaced with native species of similar type.
3
Trees may be selectively pruned to maintain health, live storage capacity
at or above the design.
2. Written Report. Property owner will submit to the RPBCWD annually a brief
written report that describes the maintenance activities performed under this
Declaration, including dates, locations of inspections and the maintenance
activities performed pursuant to Exhibit B.
3. Violation. The RPBCWD 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 for a violation of this declaration. "Property Owner' as
used in this declaration means the owner of the Property or a lot or outlot of
record within the Property to which a maintenance obligation herein applies.
4. Recitals. The recitals set forth above are expressly incorporated herein.
[remainder of page intentionally left blank]
11
DECLARANT:
AVIENDA APARTMENTS OWNER, LLC,
a Delaware limited liability company
By: Avienda Apartments Venture, LLC,
a Delaware limited liability company
Its: Sole Member
By: IDP Avienda, LLC,
a Minnesota limited liability company
Its: Managing Member
By: V—Tq ',
Name: Anne Behrendt
Its: Authorized Signer
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
October, 2025, by Anne Behrendt, as Authorized Signatory of IDP Avienda, LLC, a
Minnesota limited liability company, as Managing Member of Avienda Apartments
Venture, LLC, a Delaware limited liability company, as Sole Member of AVIENDA
APARTMENTS OWNER, LLC, a Delaware limited liability company, on behalf of
the entity.
This instrument was drafted by
Doran Companies (SBB)
7803 Glenroy Rd., Suite 200
Bloomington, MN 55439
Notary Public
tr:,esr SONJA B BEDDOW
y ��✓ ,.++
'� y, Notary Public
State of Minnesota
` a My Commission Expires
January 31, 2029
11
Exhibit A
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RPBCWD Consent & Subordination template
Exhibit B
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2. Inspection & Maintenance Activities- Underground Storm Chamber System
These inspections should be completed every 3-6 months and after a significant rainfall event unless otherwise noted.
Site ID:
BMP Type/Number: Underground Stone Chamber System
Inspection Dater
Inspector:
Maintenance
Maintenance
Actions
Inspection Activity
Observations
Procedure7Frequency
Required
Completed
YIN
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a copy of the r}pst current and in�epth system. list.
n �•':il t a.r.:') — 5000 Gaer•Nood Ava • Golden Valley • Minnesota • 55422 (6t2) 615-OD6e
Complete this self -inspection form and Manufacturer's inspection for each site inspection.
Retains records and return with supporting pictures as directed by the signed/executed/recorded
maintenance agreement:
7
Exhibit C
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Exhibit E
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Exhibit F
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Exhibit G
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