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HomeMy WebLinkAbout2863Existi i 14017 Doc No T05302625 This cover sheet is now a permanent part of the recorded document. :M• DECLARATION THIS DECLARATION (Declaration) is made this 28th day of September, 2015, by Edina Community Lutheran Church, Incorporated, a Minnesota non-profit corporation, 4113 West 54th Street, Edina, Minnesota, 55424, (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 Edina, HENNEPIN County, Minnesota, platted and legally described as: The Northwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 19, Township 28, Range 24, except that part thereof platted as Minnehaha Woods (the Property) and no one other than Declarant, Thrivent Financial for Lutherans, a Minnesota corporation and the City of Edina, a Minnesota municipal corporation, have any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit # 15-332 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 # 15-332 for the mutual benefit of the MCWD and the owners of the Property. 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 Attachment B, Maintenance Plan & Schedule and as follows: 1. 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. 2. "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. 3. Recitals. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. (Torrens Property — Certificate of Title No. 1401713) State of Minnesota County of Hennepin ,CQ I Nt� UMMVNrry I4kT*UPAiJ C4u." 111014) W.11"T. 119 By: ZL 00v Daniel A. Tysver, Presid t By: GSL�k4 ► ��l Jennifer, ar r, Treasurer This instrument was acknowledged before me on September 28, 2015 by Daniel A. Tysver and Jennifer J. Garber, respectively the President and the Treasurer of Edina Community Lutheran Church, Incorporated, a Minnesota non-profit corporation, on behalf of the corporation. 5. KjAiA=�" Notary Pubig This Instrument Was Drafted By: Best & Flanagan, LLP (MVP) 60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402 CONSENT AND SUBORDINATION City of Edina, a Minnesota, a Minnesota municipal corporation, the holder of an easements dated June 1, 2015, filed for record with the Registrar of Titles, Hennepin County, Minnesota on June 17, 2015, as Document No. T05265474, hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, City of Edin�i� Minnesota Consent and Subordination to be executed this day of CITY OF ED Sal corporation, has caused this • , 2015. 71 ---Tames f lowland, Mayor' By: Scott Neal, City Mana r State of Minnesota County of Hennepin This instrument was acknowledged before me on Oj, U , 2015 by James Hovland and Scott Neal, the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. Qcy'z-�- • • (Stamp) SHARON M. ALLISON Uftly PWAOMin "Sft M> GxPk" JM 31, 2020 CONSENT WITHOUT SUBORDINATION Thrivent Financial for Lutherans, a Wisconsin corporation, the holder of a Real Estate Mortgage and Security Agreement dated September 5, 2013, filed for record with the Registrar of Titles, Hennepin County, Minnesota on September 5, 2013, as Document No. T5112854, hereby consents to the recording of the attached Declaration but notwithstanding any provision to the contrary contained herein specifically consents hereto with the understanding that its rights in the property will not be affected by the Declaration and shall not be subordinated thereto. IN WITNESS WHEREOF, Thrivent Financial for Lutherans, a Wisconsin corporation, has caused this Consent and Subordination to be executed this 5th day of October, 2015. Thrivent Financial for Lutherans, a Wisconsin corporation By: Name: Meg Sp gler Title: Assistant Vice Presi nt STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On October 5, 2015, before me personally came the above named Meg Spangler, Assistant Vice President, of Thrivent Financial for Lutherans, a Wisconsin corporation, to me known to be such officer of said corporation and to me well known to be the person who executed the above instrument and acknowledged the same as the deed of said corporation. (SEAL) Print Name: Karen A. Moga Notary Public, State of Minnesota KAREN A. MOGA My commission expires January 31, 2020. NOTARY PUBLIC MINNESOTA *Commission Expires Jan. 31:,20]20 ATTACHMENT A SCALED SITE PLAN FOR THE PROPERTY 2 .p U' z� _U Oj id ~0p� y W Z.f�I W w Z Vwz�h !a p z ¢ W , 6 W v0ga� e� W w� u.l \e ATTACHMENT B MAINTENANCE PLAN & SCHEDULE 1. STORMWATER FACILITIES a. Underground storage facilities. Underground storage facilities will be inspected at least annually to ensure continuing performance per design. Capacity will be considered inadequate if sediment has decreased the storage volume by 50 percent of the original design volume. Accumulated debris and sediment will be removed, and inlet and outlet structures will be kept clear of any flow impediments. b. Reporting. The Declarant 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.