Declaration - MCWD and Yachtzee Holdings - 4165 Shoreline Drive - 8/20/2025Existing Certs
1552960
1111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 6096489
Certified, filed and/or recorded on
Sep 19, 2024 2:32 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 176 Pkg ID 2712066E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
DECLARATION
THIS DECLARATION (Declaration) is made this 1 lth day of September, 2024, by and
Yachtzee Holdings, LLC, a Minnesota limited liability company (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 Spring Park, Hennepin County,
Minnesota, platted and legally described as:
TRACT D, REGISTERED LAND SURVEY NO. 1106
Commonly known as 415 Shoreline Drive, Spring Park, MN 55348
(the Property) and no one other than Declarant has any right, title or interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which MCWD Perinit.# 22-597
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#: 22=597 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 as follows:
1. STORMWATER FACILITIES
a. Pervious pavement and permeable pavers. Pervious pavement or pavers will be
inspected at least one per year after a major storm event and otherwise annually to ensure
continuing performance per design. Surface openings will be vacuumed at least annually
at the end of winter in dry weather to remove dry, encrusted sediment as necessary.
Broken units that impair the structural integrity of the surface will be replaced. If water
stands for an extended period of time, the base materials will be removed and replaced.
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.
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.
DECLARANT:
lC
By: Kelly Olsen
Manager of Yachtzee Holdings, LLC
State of *M Nn"e-s6Ve�
County ofyyn (Ji
This instrument was acknowledged before me on - a (date) by Kelly
Olsen as Manager of Yachtzee Holdings, LLC.
ILK-�'-N"ignature of notarial officer)
(Stamp)
0 Title (and Rank)
My commission expires:
This Instrument Was Drafted By:
Jeff Underhill, Esq.
Maslon, LLP
225 South Sixth Street
Suite 2900
Minneapolis, MN 55402
1-31 -ac:aq
+ ANDREAJ. GlESOE
NOTARY PUSUC • MINNESOTA
MY COMMI510N EXPIRES
JANUARY 31, 2029
CONSENT and NON -DISTURBANCE
Legal description of Subject Property:
TRACT D, REGISTERED LAND SURVEY NO. 1106
HENNEPIN County, Minnesota
Magnifi Financial Credit Union is the current holder and owner of a Mortgage, made and
subscribed by Yachtzee Holdings, LLC, and filed for record on October 28, 2022, as Document
No. 5981947, in the Office of the County Recorder, Hennepin County, Minnesota.
Magnifi Financial Credit Union hereby consents to the attached Declaration executed by
Yachtzee Holdings, LLC, to the Minnehaha Creek Watershed District, and joins in the
execution hereof solely as lien holder and hereby agrees that in the event of the foreclosure of
the Mortgage, or other sale of the Subject Property described in said Mortgage under judicial
or non -judicial proceedings, the same shall be sold subject to said Declaration.
Signed and executed this P&ay of September, 2024.
By: —
[Allan Pavek Commercial Banking Officer]
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Allan Pavek,
[Commercial Banking Officer] of Magnifi Financial Credit Union, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and who
acknowledged to me that (s)he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated, as the act and deed of Magnifi Financial Credit
Union.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _12th day of September, 2024.
ANDREA J. GLESWE
} NOTARY PUBLIC • MINNESOTA
Notary Public - MY CO�MMR () ��IRES