04-033• CITY OF SHOREWOOD
RESOLUTION NO.04-033
A RESOLUTION APPROVING THE FINAL PLAT OF
ALDENWOOD
WHEREAS, the final plat of Aldenwood has been submitted in the manner required for
the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
1. That the plat of Aldenwood, a copy of which is attached hereto as Exhibit A and
made a part hereof, is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
• Approval for the plat on behalf of the City Council.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
April, 2004.
ATTEST: WOODY LOVE, MAYOR
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
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Exhibit A
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CITY OF SHOREWOOD
• DEVELOPMENT AGREEMENT
ALDEN WOOD
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this 12th day of July , 2004, by and between
the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the
"City", and Kawell Sawyer Mooney, a Minnesota corporation doing business as Kawell
Associates, Inc., hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit
A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, Developer proposes to develop the Subject Property by means of a Planned
Unit Development ("P.U.D.") consisting of four single-family residential lots and two outlots;
and
WHEREAS, the Developer has made application for a conditional use permit for a
Planned Unit Development (P.U.D.) with the Zoning Administrator and submitted a Concept
Plan and Development Stage Plan for the property, which matters were considered by the City
• Planning Commission at a public hearing held on 2 September 2003; and
WHEREAS upon recommendation of the Shorewood Planning Commission, the City
Council did consider and approve the Concept Plan at its regular meeting held on 8 September
2003 and Development Stage Plan approval at its regular meeting held on 13 October 2003 and
WHEREAS, the Developer has filed with the City the Final Plat for "Aldenwood", a
copy of which plat is attached hereto and made a part hereof as Exhibit B; and.
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions of
approval as set forth in the Planning Commission minutes, dated 2 September 2003 and 7
October 2003, which minutes are on file in the Shorewood City offices. In addition,
development of the P.U.D. is subject to the requirements of the R-1A, Single -Family Residential
zoning district, except as modified herein.
(01) Use of Outlots within the plat: Outlot A shall be set aside for drainage and as
conservation open space and shall not be buildable. Outlot B shall be used as a private
road providing access from Minnetonka Boulevard to the four proposed lots. The
• Developer shall grant a conservation easement over Outlot A, acceptable in form to the
City of Shorewood. The conservation easement shall be recorded contemporaneously
• with the final plat.
(02) Individual building sites, including private driveways, are to be custom graded to
preserve the maximum number of trees on each site, and shall conform with the grading
plan, dated 15 September 2003 , prepared by Terra Engineering, Inc. Each
building site must have an individual grading plan separately approved by the City
Engineer prior to a building permit being issued.
2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements:
(01) All site grading including building pad correction where needed;
(02) Private street grading, stabilizing and bituminous surfacing;
(03) Sanitary sewer;
(04) Storm sewer and surface water drainage facilities;
(05) Required landscaping and reforestation;
is consistent with the plans and specifications prepared by Terra Engineering, Inc., dated 15
September 2003, and received and approved by the City Engineer. Landscaping and
reforestation shall be consistent with the plans and specification prepared by Kathe Flynn
Landscape Architecture. dated 22 September 2003, and received and approved by the City
Planner.
It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate
agreements with the Developer.
It is understood that the improvements installed by the Developer do not include street lighting.
Plans for street lighting shall require separate review and approval by the City Council prior to
installation.
3.) Final Plat Grading Drainage and Utility Plan. - The Developer has filed with the
City Clerk the final plat titled Aldenwood for the development of the Subject Property. Said plat
is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading,
drainage, and utility plans, referenced in paragraph 2 above, this Development Agreement, the
Declaration of Covenants, Conditions & Restrictions - attached hereto as Exhibit C, and the
Conservation Easement — attached hereto as Exhibit D, is herewith adopted and approved by the
• City as the Developer's final plan for development of the property.
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4.) Pre -construction Meeting - Prior to the commencement of construction, Developer
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or its engineer shall arrange for a pre -construction meeting to be held at Shorewood City Hall.
Such meeting shall be coordinated with the City Engineer and shall include all appropriate
parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 2 above, shall equal or exceed City standards, shall be constructed and
installed in accordance with engineering plans and specifications approved by the City Engineer
and the requirements of applicable City ordinances and standards, and that all of said work shall
be subject to final inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of said
improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form of
a bar chart indicating the proposed progress schedule and order of completion of work covered
by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be
• performed to be completed by 1 November 2004, except for the final lift of bituminous for the
private road, which shall be completed by 1 August 2005. Upon receipt of written notice from
the Developer of the existence of causes over which the Developer has no control, which will
delay the completion of the work, the City, at its discretion, may extend the dates specified for
completion.
8.) As -Built Plan - Within sixty (60) days after the completion of construction of the
Improvements, Developer shall cause its engineer to prepare and file with the City a full set of
"as -built" plans, including a mylar original and two (2) black line prints, showing the installation
of the Improvements within the plat. Failure to file said "as -built" plans within said sixty (60)
day period shall suspend the issuance of building permits and certificates of occupancy for any
further construction within the plat.
9.) Easements - Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of the sanitary sewer, storm sewer, and surface
water drainage facilities within the plat, and thereafter promptly assign said easements to the
City.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking Surveying and Inspection - It is agreed that the Developer, through its
• engineer, shall provide for all staking and surveying for the above -described improvements. In
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order to ensure that the completed improvements conform to the approved plans and
• specifications, the City will provide for resident inspection as determined necessary by the City
Engineer.
12.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide
grading, drainage and erosion control plans to be reviewed and approved by the City Engineer.
Said plans shall provide for temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation
and erosion of lands and streets within and outside the plat during all phases of construction.
Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris
resulting from construction therein by the Developer, its agents or assignees.
Prior to issuance of building permits within the plat the City shall require escrow deposits of
$500 for each lot to ensure that erosion control barriers, construction limits and tree preservation
measures are continually maintained. If builders fail to maintain said barriers, limits or tree
preservation measures the City may cause its agents to enter the Property and perform such
maintenance. Said escrows shall be used to reimburse the City for any expense incurred in
maintaining such barriers, limits and measures.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the City Engineer.
• 14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the
improvements are accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2 are completed and approved by the City Engineer. If
landscaping or tree replacement has not been completed when the certificate of occupancy is
requested, the developer shall provide the City with a letter of credit or cash escrow for one and
one half the amount of the estimated cost of the landscaping or tree replacement. The letter of
credit or cash escrow shall extend for two growing seasons after the work has been completed.
16.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer's engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the improvements be accepted by the City.
17.) Conveyance of Improvements - Upon completion of the installation by Developer
and approval by the City Engineer of the improvements set forth in paragraph 2 above, the
Developer shall convey the sanitary sewer to the City free of all liens and encumbrances and with
• warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so
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convey said sanitary sewer, the same shall become the property of the City without further notice
• or action on the part of either party hereto, other than acceptance by the City.
18.) Replacement - All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a
period of thirty (30) days prior to the expiration of the said one-year period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City with
a VHS videotape thereof.
19.) Restoration of Streets, Public Facilities and Private Properties - The Developer
shall restore all City streets and other public facilities and any private properties disturbed or
damaged as a result of Developer's construction activities, including sod with necessary black
dirt, bituminous replacement, curb replacement, and all other items disturbed during
construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 28 below.
• 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications. Any such work or materials which may be
done or furnished by the contractor without such written order first being obtained shall be at its
own risk, cost and expense.
22.) Surelyfprovements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the improvements to be constructed, installed and
furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and
furnished according to the terms of this Agreement, and to ensure that the Developer submit to
the City as -built plans as required in paragraph 8 and that the Developer pay all claims for work
done and materials and supplies furnished for the performance of this Agreement, the Developer
agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by
the City in an amount equal to 150% of the total cost of said Improvements estimated by the
Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall
remain in effect for a period of one year following the completion of the required improvements.
The deposit or letter of credit may be reduced in amount at the discretion of the City upon
approval by the City Engineer of the partially completed Improvements, but in no event shall the
deposit or letter of credit be reduced to an amount less than 150% of the cost of the remaining
Improvements. At such time as the Improvements have been approved by the City, such deposit
or letter of credit may be replaced by a maintenance bond.
23.) Insurance - The Developer shall take out and maintain during the life of this
• agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work
of their subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00.
The City shall be named as additional insured on said policy and the Developer shall file a copy
of the insurance coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 2 above, the
Developer shall file with the City a certificate of such insurance as will protect the Developer, his
contractors and subcontractors from claims arising under the workers' compensation laws of the
State of Minnesota.
24.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property and shall secure all permits that may be required by the City of Shorewood, the State of
Minnesota, the Minnehaha Creek Watershed District, and Metropolitan Council Environmental
Services before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges LSSAQ - Developer shall, prior to release
of the final plat by the City, make a cash payment to the City in the sum of $3600 ($1200 for
each lot) as local sanitary sewer access charges. Credit has been given for Lot 1, with the
• existing house on it.
26.) Park Fund Payment - Developer shall, prior to release of the final plat by the City,
make a cash payment to the City in the sum of $4500 (3 x $1500) for the Park Fund. Credit has
been given for Lot 1 with the existing house on it.
27.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all
notices, certificates and communications to each of them shall be addressed as follows:
To the City: Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
With a Copy to: Shorewood City Attorney
c/o Leonard Street & Dienard
150 South 5th St., Suite 2300
• Minneapolis, Minnesota 55402
n
• To the Developer: Mark Kawell
Kawell Mooney Sawyer
6452 City West Parkway
Eden Prairie, MN 55344
28.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal
right to become fee owner of the Subject Property upon exercise of certain rights and to enter
upon the same for the purpose of developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any fashion, except for the normal
process of marketing lots, prior to the completion of the project and the fulfillment of the
requirements of this Agreement, Developer shall forthwith notify the City of such change in
ownership. Developer further agrees that all dedicated streets and utility easements provided to
City shall be free and clear of all liens and encumbrances.
29.) Indemnification - The Developer shall hold the City harmless from and indemnify
the City against any and all liability, damage, loss, and expenses, including but not limited to
reasonable attorneys' fees, arising from or out of the Developer's performance and observance of
any obligations, agreements, or covenants under this Agreement. It is further understood and
agreed that the City, the City Council, and the agents and employees of the City shall not be
personally liable or responsible in any manner to the Developer, the Developer's contractors or
• subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising out
of or by reason of the execution of this Agreement or the performance and completion of the
work and Improvements hereunder.
30.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall
include the City as a signatory thereto, for review and approval by the City prior to recording.
31.) Remedies Upon Default -
(01) Assessments. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been
cured within thirty (30) days after receipt by the Developer of written notice thereof, the
City may cause any of the improvements described in paragraph 2 above to be
constructed and installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and administrative expense
incurred by the City to be recovered as a special assessment under Minnesota Statutes
Chapter 429, in which case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer further agrees that in the
event of its failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real property within the
Subject Property for any amount so unpaid, and the City shall have the right to foreclose
7
said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws
• of the State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes
Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the conditions
creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the improvements described in
paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
(03) Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or to
• prevent use or occupancy of the proposed dwellings.
32.) Headings - Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
33.) Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
34.) Execution of Counterparts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
35.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
36.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
• IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVEL E K Mooney Sawyer CITY OF SHOREWO0
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:
By: By:_a z
well, Managing Partner Its: Mayor
•
•
ATTEST:
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• STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 14 It\ day of Q- , 2001,-before me, a Notary Public within and
for said County, personally appeareA Woody Love and Craig W. Dawson to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the
ee act and deed of said corporation.
TWILA R. GROUT
NOTARY PUBLIC �—
MINNESOTA
MY Commission Expires Jan, 31, 2006
NotaryPublic
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
• h
On this � �'+ day of _ 1 , 200y, before me, within and for said County,
personally appeared Mark Kawell, Mana ng Partner of Kawell Mooney Sawyer, the Developer,
described in and who executed the foregoing instrument and acknowledged that it executed the
same as its free act and deed.
�► JEAN M. PA!F:YN
WTAWMINN
4a-A—
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Leonard Street & Dienard
150 South 5ch Street, Suite 2300
Minneapolis, Minnesota 55402
(TJK)
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Existing Legal Description:
"Lots 2 and 3, Holtmere Lake Minnetonka, Hennepin Co., Minnesota"
•
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Exhibit B
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
ALDEN WOOD HOMEOWNERS ASSOCIATION, INC.
THIS DECLARATION, entered into this day of , 2004, by Kawell Mooney
Sawyer, a organized under the State of ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in the City of Shorewood, County of
Hennepin, State of Minnesota, which is more particularly described in Exhibit A attached hereto and
incorporated herein, which real property will hereinafter be referred to as the "Property"; and
WHEREAS, Declarant is desirous of developing the Property as single family Residences; and
WHEREAS, Declarant desires to establish covenants restricting the use and alteration of the
Property;
WHEREAS, Declarant desires to convey a portion of the Property, which is more particularly
described in Exhibit B attached hereto and incorporated herein, to the Alden Wood Homeowners
Association, Inc. (the "Association") to be maintained, used and enjoyed by all the Owners and
Occupants residing within Alden Wood; and
WHEREAS, the Property shall be conveyed, subject to certain protective restrictions, covenants,
conditions, reservations, liens and charges as hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares that the Property described in said Exhibit A
shall be held, sold and conveyed subject to the following restrictions, covenants, conditions,
reservations, liens and charges which are for the purpose of protecting the value and desirability of the
Property, and which shall run with the Property and be binding on all parties having any right, title or
interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each Owner thereof.
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Exhibit C
•
ARTICLE I
DEFINITIONS
SECTION 1. "ARTICLES OF INCORPORATION" shall mean the Articles of Incorporation of
Alden Wood Homeowners Association, Inc. as filed with the Minnesota Secretary of State's Office, as
such may be amended from time to time.
SECTION 2. "ASSESSMENT" shall mean and refer to any Assessment levied by the
Association pursuant to the governing documents including, but not limited to, Annual Assessments and
Special Assessments.
SECTION 3. "ASSOCIATION" shall mean and refer to the Alden Wood Homeowners
Association, Inc.
SECTION 4. "BOARD" shall mean the duly elected Board of Directors of Alden Wood
Homeowners Association, Inc.
SECTION 5. "BYLAWS" shall mean the Bylaws of Alden Wood Homeowners Association,
Inc., as such may be amended from time to time.
•SECTION 6. "DECLARANT" shall mean and refer to Kawell Mooney Sawyer, its successors
and assigns, if such successors and assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development.
SECTION 7. "DECLARATION" shall mean this document and all amendments or supplements
thereto.
SECTION 8. "LOT" for the purposes of this Declaration shall mean and refer to any plot of
land shown upon the Alden Wood Plat of Subdivision and upon which one single family dwelling unit is
constructed or to be constructed.
SECTION 9. "MEMBER' shall mean all persons who are Members of the Association by
virtue of being Owners (as that term is defined herein). The words "Owner" and "Member" may be used
interchangeably in the Governing Documents.
SECTION 10. "OCCUPANT" shall mean and refer to every person or entity who occupies a
Residence (as hereinafter defined), including, but not limited to, an Owner (as hereinafter defined),
tenant or guest of an Owner.
SECTION 11. "OWNER" shall mean and refer to the record owner, whether one or more
persons or entities, of a legal or equitable interest in any Lot which is a part of the Property, but
excluding those having such interest merely as security for the performance of an obligation, including
contract vendors, unless the contract for deed provides otherwise.
SECTION 12. "PLAT OF SUBDIVISION" shall mean a plat of Alden Wood, or any part
thereof, subdividing or re -subdividing the same into Lots, and recorded in Hennepin County, Minnesota.
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SECTION 13. "PROPERTY" OR "PROPERTIES" shall mean and refer to that certain real
• property described on Exhibit A hereto.
SECTION 14. "RESIDENCE" or "RESIDENCES" shall mean the improvement(s) constructed
on Lots in the Property.
ARTICLE II
USE RESTRICTIONS
SECTION 1. Residential Use. The Property is hereby restricted to residential dwellings, and
ancillary and accessory uses and buildings in connection therewith (except for model homes and sales
offices which may be operated by Declarant or its designees during the construction or sales period).
All buildings or structures erected on the Property shall be of new construction and no buildings or
structures shall be moved from other locations to the Property. No building or structure of a temporary
character including, but not limited to, a trailer, tent, shack, garage, barn, mobile home or other
outbuilding, shall be placed on or used on any Lot at any time as a residence either temporarily or
permanently.
SECTION 2. Architectural Control. An Owner or Occupant may not make architectural
modifications to any Residence without all contemplated modifications complying with all state, county
and city laws, codes and/or ordinances in effect at the time such modifications are made, as well as this
Declaration.
SECTION 3. Animals. No animals shall be permitted to be kept on the Property by any Owner
• or Occupant except conventional domesticated animals kept as pets. No kennel, doghouse or outside
run shall be constructed or maintained on the Property. Any cat or dog, whenever outside of a
Residence, shall be kept under the direct control of the pet owner or another person able to control the
pet. The person in charge of the pet must clean up after it. The Board may adopt more specific rules
and regulations and penalties not inconsistent with the foregoing, and may make all or specified portions
of the Common Elements off-limits to pets.
SECTION 4. Nuisances. No signs, billboards, or objects of unsightly appearance or nuisances
shall be erected, placed or permitted to remain on any Lot, nor shall any Lot be used in any way or for
any purpose which may endanger the health or unreasonably disturb the residents of the Property except
that no more than one (1) "for sale" sign or "for rent" sign of not more than five (5) square feet may be
maintained on any Lot. The foregoing restrictions shall not apply to the commercial activities, signs and
billboards, if any, of the Declarant or its designees, or the use or operation of sales offices by the
Declarant or its designees during the construction and sales period or by the Association in furtherance
of its powers and purposes set forth hereinafter and in its Articles of Incorporation, Bylaws and rules and
regulations, as the same may be amended from time to time.
SECTION 5. Screening, Trash Removal_. All woodpiles shall be screened by adequate planting
so as to conceal them from view of neighboring Residences and streets. All rubbish, trash and garbage
shall be regularly removed from the Property and shall not be allowed to accumulate thereon. There
shall be no trash piles or storage piles on any Lot. The foregoing restrictions shall not apply to the
activities of Declarant, its designees and those working for or on behalf of Declarant during the
construction and sales period.
SECTION 6. Derricks, etc. No derrick or other structure designed for use in boring, mining, or
. quarrying for oil or natural gas, precious minerals, shall be erected, maintained or permitted upon the
Property, provided that nothing in this Declaration shall be construed to restrict a public utility from
erecting, maintaining, and operating upon any Lot owned by it within the Property, a well, housing, and
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equipment for the purpose of extracting from the sub -surface and/or the treatment, storage and
distribution of water through the system of such public utility.
• SECTION 7. Offensive Activities. No noxious or offensive activities shall be conducted on the
Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to
other Owners or to Declarant.
SECTION 8. Exterior Antenna. No exterior tower or antenna of any kind shall be constructed,
maintained or permitted to remain on the Property, with the exception of one satellite dish, which
satellite dish can be no more than eighteen inches (18") in diameter and shall not be visible from any
street.
SECTION 9. Parking — Motor Vehicles, Boats, Trailers, Etc. All automobiles used or owned
by Owners or Occupants other than temporary guests and visitors shall be parked in garages to the
extent that garage space is available, and all garages, or garage stalls, shall not be used for storage or
otherwise so that they become unavailable for parking cars therein. No boats, golf carts, snowmobiles,
trailers, camping vehicles, buses, tractor trailers, trucks (except those trucks which are less than 9000
pounds gross weight), or unlicensed or inoperable vehicles shall at any time be stored or parked on any
Lot outside of a garage. This provision shall not preclude temporary storage on the driveway so long as
the storage does not exceed seven (7) days in duration and does not exceed fourteen (14) days in a
calendar year.
SECTION 10. Alterations/Remodeling. Once the initial Certificate of Occupancy is issued for
the original dwelling, no future expansion, exterior remodeling, exterior improvements, exterior
alterations, change of exterior paint color or any substantial landscape alterations or additions shall be
commenced, constructed, performed, placed or done on any Lot unless all such improvements,
alterations or changes are consistent with the aesthetics, design and character of the neighborhood.
•Without limiting the generality of the foregoing, no Residence shall be painted or stained any loud or
obnoxious color such as pink, fluorescent yellow, fluorescent green, fluorescent orange, fluorescent red,
magenta, purple or lavender or any other loud, bright color inconsistent with the character of the
neighborhood.
SECTION 11. Maintenance of Drainage and Utility Easements. Easements for installation and
maintenance of the utilities, sewer pipelines and facilities and drainage facilities over each of said Lots
are reserved as shown on the plat. Within these easements, no structure, planting or other materials shall
be placed or permitted to remain which may damage or interfere with the installation and maintenance
of utilities or which may change the direction in the flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage channels in the easements. The
easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of
the Lot, except for those improvements for which a public authority, a private or public utility company
is required to maintain.
SECTION 12. Homeowners Association. An Owner shall, by virtue of such interest, be a
Member of the Association. Membership in the Association shall be appurtenant to, and shall not be
separated from, ownership of a Lot. A person shall cease to be a Member of the Association at such
time as he or she ceases to be an Owner. The Owner's share of any funds and assets of the Association
cannot be assigned, pledged, encumbered or transferred in any manner, except as an appurtenance to
such Unit ownership. The Owner shall pay, from time to time as determined by the Association, their
proportionate share of any dues, Assessments or other expenses incurred as a result of the Association's
operation and maintenance of the Common Area as described more fully below. Ownership of a Lot
shall be the sole qualification for membership in the Association.
SECTION 13. Common Area. Declarant shall convey Outlot A (hereinafter referred to as the
• "Common Area"), as described on Exhibit B hereto, to the Association for the use and enjoyment of all
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Owners and Occupants. The Common Area shall remain in its natural state. The Association shall,
among other things, be responsible to oversee the preservation of the Common Area.
• SECTION 14. Private Street. Declarant shall convey Outlot B (hereinafter referred to as the
"Private Street"), as described on Exhibit B hereto, to the Association for access by pedestrians and
vehicles between Minnetonka Boulevard to the north of the Property and the Lots. Parking or the
storage of any personal property on the Private Street shall be prohibited. The Private Street shall be
maintained by the Association. The Association shall also be responsible for the erection and
maintenance of signs located on the Private Street governing the use thereof, in accordance with City
regulations and enforcing all restrictions imposed by the Association. The City shall have no obligation
to maintain the Private Street, but may perform needed maintenance upon reasonable prior written
notice to the Association if the Association fails to perform the maintenance. The City shall have a
claim and right of action against the Association for the cost of such maintenance.
SECTION 15. Maintenance of Common Area, Private Street and Lots. The Association shall be
responsible for the maintenance, operation and preservation of the Common Area. All vegetation
thereon shall be left in its natural state. Notwithstanding the foregoing, any tree, shrub or other item
located upon the Common Area, which through natural decay or growth falls outside of the Common
Area and obstructs the surrounding roadway(s) shall be removed or trimmed, as appropriate, by the
Association and the expense of said removal shall be assessed to the Lots equally.
The Association shall also be responsible for maintaining, repairing and/or replacing the Private
Street, including, but not limited to snow removal, cleaning and repairing curbs, gutters and culverts,
resurfacing and any other activities required to maintain the Private Street in good repair. The
Association shall promptly act to take whatever steps are reasonably necessary to provide uninterrupted
access to and from the Lots to Minnetonka Boulevard along the Northerly boundary of the Property.
•Each Owner shall be solely responsible for maintaining their Lot and all structures, trees, shrubs,
and sidewalks, if any, located thereon. Each Owner shall be responsible for snow removal from
driveways and sidewalks located on their Lot. An Owner shall be responsible for maintaining, repairing
or replacing all landscaping located on their Lot, as well as removal of fallen trees or branches.
SECTION 16. Damage to the Common Area or PrivateStreet. If damage is inflicted on the
Common Area or on the Private Street by an Owner, Occupant, tenant or guest thereof, the Owner,
Occupant, tenant or guest responsible for the damage is liable for the prompt repair thereof. Such
Owner, Occupant, tenant or guest's share of any expense for such damage may be assessed by the
Association against such the Lot owned, occupied, rented or visited by said party.
ARTICLE III
ASSESSMENTS
SECTION 1. Personal Obligation. For each Lot owned within the Property, Owner hereby
covenants, and each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in any such deed, shall be and is deemed to covenant and hereby agrees to pay to the
Association Assessments or charges for maintenance and operation of the Common Area and Private
Street, as well as for capital improvements to the Common Area and/or the Private Street, such
Assessments to be established and collected as hereinafter provided. Any Assessments authorized
herein, together with interest, costs and reasonable attorneys' fees, shall be a continuing lien against the
Lot assessed from the date payable. Each Assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot on the
date said Assessment became due and payable. Said personal obligation of an Owner shall not pass to
ishis successors in title or interest unless expressly assumed by them. No Owner shall escape liability for
the Assessments which fell due while he was the Owner by reason of non-use of the Common Area or
Private Street for non-use, transfer or abandonment of his Lot or the right of possession thereof.
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SECTION 2. Purpose of Assessments. The Assessments levied by the Association shall be used
•exclusively for the welfare of the Owners and Occupants of the Property, and to manage, improve,
maintain, repair, construct or administer improvements within the Common Area and Private Street.
SECTION 3. Annual Assessments. Annual Assessments shall be fixed by the Board in
accordance with the Articles of Incorporation and the Bylaws.
No Annual Assessment has been assessed as of the date of recording of this Declaration. When
an Annual Assessment is assessed, whether it be at an annual or special meeting of the Members, it shall
not exceed the annual rate of $ per Lot until the next annual membership meeting at which,
and after which, the Annual Assessments may be increased no more that ten percent (10%) above the
Assessment for the previous year EXCEPT that the Annual Assessment may be increased more than ten
percent (10%) by a favorable vote of three -fourths (3/4) of the votes entitled to be cast by Owners who
are present in person or by proxy at a meeting called in accordance with the appropriate provisions of
the Bylaws.
SECTION 4. Special Assessments. In addition to the annual assessments authorized above, the
Association may levy, in any Assessment year, a Special Assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area or Private Street, provided that any such
Assessment shall have the assent of not less than three -fourths (3/4) of the votes entitled to be cast by
Members who are voting in person or by proxy at a meeting duly called for this purpose.
SECTION 5. Rate of Assessment. Assessments must be fixed at the same amount for each Lot,
except those assessed pursuant to Article H, Section 16 hereto.
SECTION 6. Capital Contributions. At the time of the initial sale of any Lot from Declarant to
•any Owner, such Owner shall pay to Declarant for the use of the Association a sum equal to twice the
monthly charge for the Annual Assessment then in effect (the "Capital Contribution"). Such sum shall
be delivered by Declarant to the Association for use as described in this Declaration. The Capital
Contribution for a Lot shall be levied only upon the sale by Declarant to an Owner and shall not be
levied on any subsequent sales of the Lot. The Capital Contribution shall be in addition to the monthly
Assessment for Annual and/or Special Assessments.
SECTION 7. Reserve for Replacement; Monthly Assessments. Assessments for the expenses of
the Association shall include an adequate reserve fund for maintenance, repair, replacement or
preservation of the Common Area or Private Street. Said fund shall be funded by monthly payments and
not by extraordinary Special Assessments. In addition, there shall be a working capital fund for the
initial months of operation of the Association equal to at least two month's estimated expenses for the
Association.
SECTION 8. Proof of Payment. Upon written demand of an Owner at any time, the Association
shall furnish each Owner a written certificate signed by an officer of the Association setting forth
whether there are any then unpaid Assessments levied against such Member's Lot. Such certificate shall
be conclusive evidence of payment of any Assessments not stated therein as unpaid.
SECTION 9. Nonpayment of Assessments. Any Assessments, which are not paid when due,
shall be deemed delinquent. If an Assessment is not paid within thirty (30) days after the delinquency
date, it shall bear interest from the delinquency date at the rate of eight percent (8%) per annum and
shall become a continuing lien in favor of the Association on the Lot against which assessed and the
Association may bring an action at law or in equity against the person personally obligated to pay the
same, including interest, costs and reasonable attorneys' fees for any such action, which shall be added
ito the amount of such Assessment and included in any judgment rendered in such action, and the
Association may also enforce and foreclose any lien it has or which may exist for its benefit.
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SECTION 10. Recording and Enforcement of Liens. To evidence a lien for sums assessed
•pursuant to this Article, the Association may prepare a written notice of lien setting forth the amount of
Assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot, the name of
the person personally obligated to pay the same and a description of the Lot. Such a notice shall be
signed by an officer of the Association and may be recorded in the office of the County Recorder for
Hennepin County, Minnesota. No notice of lien shall be recorded until there is a delinquency in
payment of the Assessment for thirty (30) days. Such lien maybe enforced either by judicial foreclosure
by the Association in the same manner in which mortgages on real property may be foreclosed in
Minnesota or by foreclosing the lien in the manner prescribed by Minnesota Statutes for the foreclosure
of a mechanic's lien. In any such foreclosure, the person personally obligated to pay the lien shall be
required to pay all costs of foreclosure including reasonable attorneys' fees. All such costs and expenses
shall be secured by the lien being foreclosed. The person personally obligated to pay the lien shall also
be required to pay to the Association any Assessments against the Lot, which become due during the
period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or
other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the Lot
as the Owner thereof. The Association shall, upon written request by an Owner, report any
encumbrance on a Lot or any Assessments remaining unpaid for longer than thirty (30) days after the
same shall have become due.
SECTION 11. Subordination of Lien. The lien of the Assessments provided for herein shall be
subordinate to the lien of any first mortgage and to tax liens and liens for special governmental
assessments. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or
transfer or acquisition of possession of any Lot pursuant to mortgage foreclosure or any proceeding in
lieu thereof, shall extinguish the lien of such Assessments as to payments, which become due prior to
such sale or transfer or acquisition of possession. No such sale or transfer or acquisition of possession
shall relieve the person personally obligated to pay the lien of personal liability for the Assessment due
prior to such sale or transfer or acquisition of the Lot.
SECTION 12. Ci 's right to impose Assessments. In the event the Association and/or
Owner(s) fail to maintain the Property in accordance with the applicable rules and regulation of the City
or fails to pay taxes or special governmental assessments on the Property as they become due, and in the
event the City incurs any expenses in enforcing its rules and regulations, which said expenses are not
immediately reimbursed by the Association or Owner, then the City shall have the right to assess each
Lot its pro rata share of said expenses. Such Assessments, together with interest thereon and cost of
collection, shall be a lien on each property against which each such Assessment is made. .
ARTICLE IV
MUNICIPAL ORDINANCES
None of the covenants, conditions, restrictions or provisions of the Declaration are intended to
supersede or prevail over the ordinances of general applicability of the City, and in the event of any
conflict, the applicable ordinances of the City shall supersede and prevail over the covenants, conditions,
restrictions and provisions of this Declaration.
ARTICLE V
GENERAL PROVISIONS
SECTION 1. Enforcement. The Declarant or any Owner shall have the right to enforce, by any
• proceeding at law or in equity, all restrictions, conditions, covenants, liens and charges now or hereafter
imposed by the provisions of the Declaration. Failure by the Declarant or by any Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
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thereafter. Breach of any of the covenants shall not defeat or render invalid the lien or any mortgage,
contract for deed, or trust deed made in good faith and for value as to said Lots or property, or any parts
•thereof, but such provisions, restrictions or covenants shall be binding and effective against any Owner
of said Lot whose title thereto is acquired by foreclosure, contract for deed cancellation, trustee's sale or
otherwise.
•
SECTION 2. Severability. Invalidation of any one or more of these covenants or restrictions by
judgment or court order shall in no way effect any other provisions, which shall remain in full force and
effect.
SECTION 3. Amendment. The covenants and restrictions of this Declaration shall run with and
bind the land, and shall inure to the benefit of and be enforceable by the Declarant, or the Owner of any
Lot subject to this Declaration, and their respective legal representatives, heirs, successors, and assigns
for a period of twenty (20) years from the date this Declaration is recorded, after which time said
covenants shall be automatically extended for successive periods of ten (10) years unless the express
written consent of all Owners subject to this Declaration is obtained in a proposed amendment or
modification to this Declaration, in which case said amendment or modification will control.
SECTION 4. Compliance with Declaration, Bylaws and/or rules and regulation of the
Association. Each Owner, Occupant, tenant or guest thereof shall comply with the provisions of this
Declaration, the Bylaws and rules and regulations of the Association or its representative, as lawfully
amended from time to time, and failure to comply with any such provisions, rules or regulations, shall be
grounds for action to recover sums due, for damages, or for injunctive relief.
SECTION 5. Conflict amongDocuments. In the event of any conflict among the provisions of
the Declaration, the Bylaws, or the rules and regulations established by the Association, the Declaration
shall control, and as between the Bylaws and the rules, the Bylaws shall control.
ARTICLE VI.
VOTING RIGHTS
SECTION 1. Allocation. Voting rights in the Association shall be allocated equally between the
Lots, with one vote allotted to each Lot.
SECTION 2. Declarant Control. The Declarant hereby reserves a period of Declarant control of
the Association during which the Declarant, or persons designated by the Declarant, may appoint and
remove the officers and directors of the Association. Said reservation of Declarant control is subject to
the following:
(a) The maximum period of Declarant control may extend from the date of the first
conveyance of a Lot to an Owner other than a Declarant for a period not exceeding five
(5) years.
(b) Notwithstanding subsection (a) above, the period of Declarant control shall terminate
upon the earlier of (i) surrender of control by the Declarant or (ii) sixty (60) days after
conveyance of seventy-five percent (75%) of the Lots to Owners other than Declarant.
(c) Not later than the termination of Declarant control, the Owners shall elect a Board of
Directors of at least three (3) members, but no more than seven (7). Thereafter, a
. majority of the directors shall be Owners other than Declarant or an affiliate of Declarant.
The remaining directors need not be Owners unless required by the Articles of
Incorporation or Bylaws. All Owners, including the Declarant and its affiliates, may cast
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the votes allocated to any Lot owned by them. The Board shall elect the officers. The
directors and officers shall take office upon election.
(d) Except as otherwise provided in this subsection, meetings of the Board of directors must
be open to all Owners. To the extent practicable, the Board shall give reasonable notice
to the Owners of the date, time and place of a Board meeting. If the date, time and place
of meetings are provided for in this Declaration, the Articles of Incorporation or Bylaws
of the Association, were announced at a previous meeting of the Board, posted in a
location accessible to the Owners and designated by the Board from time to time, or if an
emergency requires immediate consideration of a matter by the Board, notice is not
required. "Notice" has the meaning given in Minnesota Statutes Section 317A.011,
subdivision 14. Meetings may be closed to discuss the following:
(1) personnel matters;
(2) pending or potential litigation, arbitration or other potentially adversarial
proceedings, between Owners, between the Board or Association and Owners, or
other matters in which any Owner may have an adversarial interest, if the Board
determines that closing the meeting is necessary to discuss strategy or to
otherwise protect the position of the Board or Association or the privacy of a
Owner or occupant of a Lot; or
(3) criminal activity arising within the Property if the Board determines that closing
the meeting is necessary to protect the privacy of the victim or that opening the
meeting would jeopardize the investigation of the activity.
•Nothing in this subsection imposes a duty upon the Board to provide special facilities for
meetings. The failure to give notice as required by this subsection shall not invalidate the Board
meeting or any action taken at the meeting.
ARTICLE VII.
SPECIAL DECLARANT RIGHTS
SECTION 1. Special Declarant Rights. The Declarant expressly reserves the following special
declarant rights:
(a) To elect, or cause persons designated by it to elect, the officers and members of the Board
of Directors of the Association in accordance with Article VI hereof.
(b) To complete improvements indicated on the Plat of Subdivision, if any.
(c) To maintain sales offices, management offices and signs advertising the development of
the Property.
ARTICLE VII.
INSURANCE; DAMAGE OR DESTRUCTION
SECTION 1. Requirements. The Association shall:
• (a) Commencing not later than the time of the first conveyance of a Lot to an Owner other
than Declarant, maintain, to the extent reasonably available:
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(1) subject to subsection (b), property insurance (i) on the Common Area and Private
• Street, (ii) for broad form covered causes of loss, and (iii) in a total amount of not
less than the full insurable replacement cost of the insured property, less
deductibles, at the time the insurance is purchased and at each renewal date,
exclusive of items normally excluded from property policies; and
(2) commercial general liability insurance against claims and liabilities arising in
connection with the ownership, existence, use or management of the Property in
an amount not less than $1,000,000 or otherwise deemed sufficient in the
judgment of the Board, insuring the Board, the Association, the management
agent, if any, and their respective employees, agents and all persons acting as
agents. The Declarant shall be included as an additional insured in its capacity as
an Owner or Board member. The Owners shall be included as additional insureds
but only for claims and liabilities arising in connection with the existence, use or
management of the Common Area and Private Street. The insurance shall cover
claims of one or more insured parties against other insured parties.
(b) If the insurance described in subsection (a) is not reasonably available, the Association
shall promptly cause notice of that fact to be hand delivered or sent prepaid by United
States mail to all Owners. The Association may carry any other insurance it considers
appropriate to protect the Association, the Owners or officers, directors or agents of the
Association.
(c) Insurance policies carried pursuant to subsection (a) shall provide that:
is (1) each Owner and secured party is an insured person under the policy with respect
to liability arising out of the Owner's membership in the Association;
(2) the insurer waives its right to subrogation under the policy against the Owner or
members of the Owner's household and against the Association and members of
the Board of Directors;
(3) no act or omission by any Owner or secured party, unless acting within the scope
of authority on behalf of the Association, shall void the policy or be a condition to
recovery under the policy; and
(4) if at the time of a loss under the policy there is other insurance in the name of an
Owner covering the same property covered by the policy, the Association's policy
is primary insurance.
(d) Any loss covered by the property policy under subsection (a)(1) shall be adjusted by and
with the Association. The insurance proceeds for that loss shall be payable to the
Association, or to an insurance trustee designated by the Association for that purpose.
The insurance trustee or the Association shall hold any insurance proceeds in trust for
Owners and secured parties as their interests may appear. The proceeds shall be
disbursed first for the repair or restoration of the damaged Property. Owners and secured
parties are not entitled to receive any portion of the proceeds unless there is a surplus of
proceeds after the damage has been completely repaired or restored or the Association is
terminated.
• (e) An insurer that has issued an insurance policy under this section shall issue certificates or
memoranda of insurance, upon request, to any Owner or secured party. The insurance
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may not be cancelled until thirty (30) days after notice of the proposed cancellation has
been mailed to the Association, each Owner and each secured party for an obligation to
• whom certificates of insurance have been issued.
(f) Any portion of the Property which is damaged or destroyed as a result of a loss covered
by the Association's insurance policy shall be promptly repaired or replaced by the
Association unless (i) the Association is terminated and the Owners vote not to repair or
replace all or part thereof, or (ii) repair, replacement would be illegal under any state or
local health or safety statute or ordinance. The cost of repair or replacement of the
damaged Property in excess of insurance proceeds and reserves shall be assessed to the
Owners equally.
SECTION 2. Owner's Insurance for Liability and Contents of Units. Each Owner shall maintain
at his or her own cost and expense such insurance coverage as he or she may deem appropriate for
damage to their property.
SECTION 3. Fidelity Insurance. The Association shall obtain and maintain a policy or policies
of insurance with reputable insurance carriers providing the following coverage:
(b) Fidelity insurance or bonds in reasonable amounts for all officers and employees having
fiscal responsibilities, naming the Association as obligee; and
(c) Such other insurance in such limits and for such purpose as the Association may, from
time to time, deem reasonable and appropriate.
• SECTION 4. Insurance Premium Expense. The expense of insurance premiums paid by the
Association under this Article shall be an expense of the Association to which the Assessments collected
by the Association from the Unit Owners shall be applied.
•
IN WITNESS WHEREOF, the undersigned, being the Declarant, has executed this Declaration
on the date first written above.
KAWELL MOONEY SAWYER
Un
Its:
(Print Name)
11
MAD0CS\,Joann\23511 Kawell.Alden Wood\23511 Declaration(1).doc
STATE OF MINNESOTA )
ss.
• COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 200_,
by , the of Kawell Mooney Sawyer, a
organized under the laws of the State of , on its behalf.
•
THIS INSTRUMENT WAS DRAFTED BY:
Wilkerson & Hegna, PLLP (GCW)
7300 Metro Boulevard, Suite 300
Edina, MN 55439
Notary Public
12
M:\DOCS\Joann\23511 Kawell.Alden Wood\23511 Declaration(1).doc
EXHIBIT A
• LEGAL DESCRIPTION OF THE PROPERTY
Lots 1, 2, 3, and 4, ALDEN WOOD, Hennepin County, Minnesota; and
Outlots A and B, ALDEN WOOD, Hennepin County, Minnesota.
•
C]
13
MAD0CS1Joann\23511 Kawell.Alden Wood\23511 Declaration(1).doc
EXHIBIT B
• LEGAL DESCRIPTION OF COMMON AREA AND PRIVATE STREET
E
•
Outlots A and B, ALDEN WOOD, Hennepin County, Minnesota.
14
MAD0CS\Joann\23511 Kawell.Alden Wood\23511 Declaration(1).doc
•
•
GRANT OF PERMANENT EASEMENT
FOR CONSERVATION PURPOSES
Kawell Sawyer Mooney, a , hereinafter referred
to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant
unto the CITY of Shorewood, a Minnesota municipal corporation, the Grantee, hereinafter
referred to as the "City" its successors and assigns, forever, a permanent conservation easement
for the purposes set forth in this instrument, over, under and across the premises described in the
attached Exhibit A ("Subject Property").
Grantor, its successors and assigns, agrees that the following are prohibited in perpetuity
on the Subject Property:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, clothes line poles, and
playground equipment.
B. Cutting, removing, or altering trees or other vegetation, except for noxious
weed or tree disease control by or as directed by a governmental agency.
C. Excavating or filling.
D. Application of fertilizers, whether natural or chemical.
E. Application of chemicals for the destruction or retardation of vegetation.
F. The deposit of waste, yard waste, or debris.
G. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
Exhibit D
• H. Outside storage of any kind.
•
0
I. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this instrument this _ day
of , 2004.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2004, by , the _
Grantor.
Notary Public
THIS INSTRUMENT DRAFTED BY:
WILKERSON & HEGNA, P.L.L.P.
One Corporate Center III
7300 Metro Blvd., Suite 300
Edina, Minnesota 55439-2302
M:\DOCS\Joann\23511 Kawell.Aldenwood\Easement for Conservation.doc
day of ,
of