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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previously recorded on July 2, 2021 in the Office of the Carver County Recorder as Document Number A728033, which is no longer applicable to the Property and which is hereby replaced with this Declaration; NOW, THEREFORE, Declarant makes this declaration and hereby declares that this declaration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 Uj O cc 0 0 cc < 02 001, 7 ,<'. g OOZE L) 0 2 a: 2 t: ie w 2 > 0 =J< LLaw u 0 u) 0 0 0 x Lu w 0 � z 0 -1 z w H w 2 w z w z I � z z . x 71 1 2 * x < a) x z w > Uj 0 < w 0 u 0 w 0 cr w w z m u 0 z x co u F, 3:5 0 u u z z u CD 20 ad 0 z u w w o z z o z go w z z < a Q, u 0 Q 0 ', 0 z — 0 ce 7 w � > 0cz: 0 I-zI W iSe 0 01 0 zzz O'D 0 cc 0 L I ow cc I o z �w 0 O z 2 cx w uj q) 1 X > LL z 0 C) 0 RPBCWD Consent & Subordination template Exhibit B `VJL 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 1. LVroalr+;{,rebcnri Rckrovotrash anade*bo-strorn corm •7r7,1-arzv�awI V stru.turu as ouJtr. d by Io' rr:lroj'.1C.11::'C1'5 rr:o-nT,.v-tf,,04n i':f �1 .111'u IiG^�JI t� ai ld trU] Uf. CcrrpW_Eti by. 7. 1 of itr,.vu,� any rLkrt.2bl^S. ?.r: irlcr; al srinlp r-ar,^o'.r,-:, w,,jmdalc? trrlsh or drnzw;. a0-r" nv(s. �,ndbr Ckar, b, : Sy52»nt us-oq a ;,b vri& ,w fts of Al A f,tnf W., i CIC.I`11f1'w ri(T[f'fl]rC4,n s3alem. Iri IC rAZl �'d•:f� war lac ng nozzle avcra i (xp:h of ,oyrrnor� ¢ 5Pnna7 04 A ir'Ir',> or at 0r aove. 31rCn cepth rr.:+e Is ceterale Clrairl BS ,ftC1G:::r.„! 31 Ap; 1 of JMt'JaC urti b3rx llUSh rialgr i5 clean C I Va.uarc: ma.^.hu;<_ sump as rraueJ CCmpW:ed by ✓ata 3 Cil ac; m 11Lon sl ca.,; fs R�:r ,, fro r ualcr r,i,rfarc vs:n roelhw cuui[E4 by rcan !arlure(5 rrC_ilul/erQsllur: Ccmpkted by: Gale ,._ Vsual ,)sprsGon of Nrterr�al Dependrn ar type al dange. Re; ,r c.nrr:,�n ,l•: of &hire �-.•u:lura przr rnanu��cicxc(i r[r�;rrr-n� rd ri;,ns CcrpVc!cd bJ J.IIe ceU s':v rr wa:rr Re,31r TCtr:1e3 9ti1P cam ol> nl par 2j.fnte ' :aenl eriy;gr:,7nts onglrui ptyrls lnlr,'s o;.'�es, talcs oasin;, Ta�hct»s. ou.le,c. ntro' Strt.�tu rrj to ansvra gocx: -o-4tior. aad no cJdcnrc cr C•.mpk?".e'1 by uosipa ; sCVirnont dopa ts.. r.•`a[e 5, inspect sur'ac0 above ROpi3+Aplace system) per origi-al systerr for cracrs, sent.rig; or prays �OSC spit.. Cufr'plc:ed by ?mesa are gencral nspccton.maulonar,cc .tans that SI'.auIC be cornplcicd mr h u,,cry S'.orm Chamber System. Visit hlartiufocturcr's ncbsr',c lot 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 (X w 40Z z < 0 zw< 0 < oza X w 0 ol 0 0 z 0 m -i, I z = 2 0 Z 00 0 10 u 03 M Q 0- m 2 < 4 D zz AT— . I k\ , ", ", , " . N z z Z> U) w w z 0 0 LIJ w m Exhibit D Lid I 9 Exhibit E SINBNi�NdV VON31AV X t 4 Lu ,45 I is a ZO 10 Exhibit F 11 Exhibit G X S1N3VU2]VdV VGN31AV LU I I I I L �(D 6-HO 64b 1@000 12