03-097
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CITY OF SHORE WOOD
RESOLUTION NO. 03-097
A RESOLUTION APPROVING THE FINAL PLAT OF
HIGH POINTE ESTATES
WHEREAS, the fInal plat of High Pointe Estates 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. The plat of High Pointe Estates is hereby approved.
2.
The approval is specifIcally conditioned upon the Developer recording the
Development Agreement - High Pointe Estates Planned Unit Development,
attached hereto as Attachment I, and made a part hereof, with the Hennepin
County Recorder:
3. The Mayor and City Administrator/Clerk are authorized to execute the CertifIcate
of Approval for the plat on behalf of the City Council.
4. The fmal plat, together with this resolution, the document described in 2. above
shall be recorded within thirty (30) days of the date of certifIcation of this
Resolution.
BE IT FURTHER RESOLVED, that the execution ofthe CertifIcate upon said plat by
the Mayor and City Administrator/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 F SHOREWOOD this 10th day of
November, 2003.
WOODY LOVE, MAYOR
ATTEST:
ON, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
HIGH POINTE ESTATES
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this 10th day of November , 200~, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred
to as the "City", and Lecy Construction, Inc., a Minnesota Corporation, 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 three single-family residential lots and four 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 public hearings held on 19 November 2002 and 4 March 2003,
respectively; and
WHEREAS upon recommendation of the Shorewood Planning Commission, the City
Council did consider and grant Concept Plan at its regular meeting held on 25 November 2002
and Development Stage Plan approval at its regular meeting held on 24 March 2003 and
WHEREAS, the Developer has flIed with the City the Final Plat for "High Pointe
Estates", 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 4 March 2003, which minutes
are on me in the Shorewood City offIces. In addition, development of the P.U.D. is subject to
the requirements of the R-1 C, Single-Family Residential zoning district, except as modifIed
herein.
(01) Use ofOutlots within the plat: Outlot A shall be used as a private road providing
access from State Highway 7 to the three proposed lots. Outlots Band C shall be set
aside as conservation open space and shall not be buildable. The Developer shall grant
conservation easements, acceptable in form to the City of Shorewood. The conservation
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easement shall be recorded contemporaneously with the final plat. Any future
development of Outlot D shall require a formal platting process, pursuant to Shorewood's
Subdivision Code.
(02) The Developer shall comply with the requirements of Shore wood's wetland code
(Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et.
seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas
adjacent to wetlands be maintained in their natural state.
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(a) A minimum 35-foot buffer strip shall be maintained adjacent to all
wetlands.
(b) Natural vegetation shall be maintained in wetland buffer strips. Where
disturbed by site development, wetland buffer strips shall be restored with natural
vegetation.
(c) Wetland buffer strips shall be identified within each lot by permanent
monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland buffer
strip and as necessary to establish required setbacks from the wetland buffer strip.
Monuments shall be placed within 60 days of completion of site grading or prior
to issuance of a building permit, whichever occurs first.
(e) The Developer shall record with the Hennepin County Recorder or
Registrar of Titles, a notice of the wetland buffer requirement against the title of
each lot with a required wetland buffer strip.
(f) No structures, including, but not limited to, decks, patios, and play
equipment may be located in the wetland buffer strip or the required wetland
setback area, except that public trails shall be allowed within the wetland buffer
strip and setback areas.
(03) 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 19 June 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.
(04) Accessory structures, including attached garages, shall not exceed 1200 square
feet in area. Additional accessory space may be allowed, up to a total of 2000 square feet,
by conditional use permit, pursuant to Section 1201.03 Subd. 2.d.( 4) of the Shorewood
City Code, as may be amended.
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:
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(01) All site grading including building pad correction where needed;
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(02) Private street grading, stabilizing and bituminous surfacing;
(03) Sanitary sewer;
(04) Storm sewer and surface water drainage facilities;
(05) Required landscaping and reforestation;
consistent with the plans and specifications prepared by Terra Engineering, Inc., dated 19 June
2003, and received and approved by the City Engineer. Landscaping and reforestation shall be
consistent with the plans and specification prepared by Lan-De-Con Inc., dated 8 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 High Pointe Estates 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, the Declaration of Private Drive & Utility Easement & Maintenance Agreement - attached
hereto as Exhibit D, the Outlot B Conveyance - attached hereto as Exhibit E, and the Wetland
Conveyance - attached hereto as Exhibit F, is herewith adopted and approved by the City as the
Developer's final plan for development of the property.
4.) Pre-construction Meeting - Prior to the commencement of construction, Developer
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 ofthe 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.
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6.) Materials and Labor - All ofthe 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 July 2004, 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
ofthe 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 ofthe
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.
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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
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.
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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 said improvements 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 convey said improvements, 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 ofthe 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.
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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 ofthe 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.) Surety for Improvements - 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 ofthem. This insurance
policy shall be a single limit public liability insurance policy in the amount of$l,OOO,OOO.OO.
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.
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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 Subj ect
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 ofthe plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - 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.
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.
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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 LARKIN, HOFFMAN, DALY &
LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
To the Developer:
Roy H. Lecy, Secretary/Treasurer
Lecy Construction, Inc.
15012 State Highway 7
Minnetonka, MN 55345
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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
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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 all1iens 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 hnprovements hereunder.
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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 ofthe 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
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.
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(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.) Severabi1itv - In the event any provisions ofthis 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 oftheir respective
legal representatives, successors, and assigns.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER
BY:~
Roy H. Lecy, Secretary/Treasurer
By:
ATTEST:
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this IDti-. day of D~, 200_, before me, a Notary Public within and
for said County, personally appeared 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
free act and deed of said corporation.
~~._.&~
TWllA R. GROUT
NOTARY PUBLIC
MINNESOTA
My CommissIon Expires Jan. 31, 2005
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On thiS' O-te.. day of _'(\(N-(>...vY\,b , 200~, before me, within and for said County,
personally appeared Roy H. Lecy, Secretary/Treasurer of Lecy Construction, Inc., the Developer,
described in and who executed the foregoing instrument and acknowledged that it executed the
same as its free act and deed.
.I\,&_"~.J-A.~VN.~-J>>_~.
I TARI K. HAUNTY I
' NOTARY PUBLIC-MINNESOTA
,~ MY COMMISSION EXPIRES 1-31-2005
.~YftV."~-."N.,f_""_~.."~N.vrNV.
~.~
j~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
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'KNOWN BY ALL MEN S'( 'THESE PRESENtS: L~cy Construction, Inc" a Minnesota corporarion
A.'. .:ownerof th.e following described property situated in the County of Hennepin, State of
'Wnnesota to wit:, , .
Lqt. 163, Auditor's Subdivision Number' 1 35, Hennepin County, Minnesota, t,XCEPT
that part described as foliows: Commencing at the intersection of the East fine of said Lot
16.3, and 'the Northerly .line of Trunk Highway No.7; thence North along the East line of
said lot, qdistance of 60 feet; thence West at right angles a distance of 225 feet to the
point. of the beginning of the tract of land to, be described; thence East on said last
described line a distance of1 00 feet; thence' South on a line parallel to the' East line of
said tot. to its, intersection with the North right of way line of Trunk Highway No.7;
, thence So.i.Jthwesterly on said Northerly right of ,. way line of Highway No. 7tothe point of,
. intersection of said Northerly right of way line and a line drown South and paroNel with
the East line of said Jot from the point of beginning; thence Northerly along last
described line. to the point of beginning. '
and
That part of Lot 163, Auditor's Subdivision' Numbe:r 135, . Hennepin Couf1ty. Minnesota,
describedes folfows: Commencing at the intersection of the East line of said Lot 163,
and the Northerly line. of Trunk Highway No.7;. thence North along the East fine. of said
lot, a distance of 60 feet; thence West at right angles a distance of 225 feet to the point of
the beginning of the tract of land to be described; thence East on said last described line a.
distance of1 00 feet; thence South on a line parallel to the .East fine of said lot to its
intersection with the North right of way line of Trunk Highway. No. . 7; thence
Southwesterly on said Northerly right of way line of Highway No. 7 to the point. of
intersection. of' said Northerly right of way line and a line drawn South and parallel with
. East line of said lot from the point of beginning; thence Northerly along last
. . cribed line to the point of beginning, according to the map. or plat thereof on file or of
record in the office, of the ,Registrar. of Deeds in and for said Hennepin County, Minnesota.
.
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Exhibit B
.-
.
.
DECLARATIONS OF
COVENANTS, CONDITIONS & RESTRICTIONS
THIS DECLARATION made this day of ,2003, by Lecy
Construction, Inc., Property Owners, hereinafter referred to as "Declarant."
WITNESSETH:
Declarant is the owner of certain property in the City of Shorewood, County of Hennepin
and State of Minnesota, which is more particularly described as:
Lots 1 through 3, Block 1, and Outlots A, B, C & D High Pointe Estates
Declarant hereby imposes upon and subjects Lots 1-3, Block 1 and Outlot Din
High Pointe Estates to the following conditions, restrictions, reservations and covenants for the
benefit of said property to its present and future owners and agrees that as Declarant conveys
each lot, the conveyance shall be made subject thereto:
1. As used herein, a Building Site shall consist of one or more platted lots or one
platted lot and portion or portions of adjacent platted lots which are owned by the
same part or parties.
2. No building shall be erected, altered, placed or permitted to remain on any lot other
than one detached single family dwelling unit with attached garage;
3. No dwelling of less than two stories shall be erected, altered, placed or permitted to
remain on any lot unless such a dwelling contains at least 1500 square feet of
finished and heated main floor living area, exclusive of area included within open
porches, garages and basement. No dwelling of two stories or more shall be
erected, altered, placed or permitted to remain on any lot unless such dwelling
contains at least 2400 square feet of finished and heated living space, exclusive of
area within open porches, garages and basement.
Exhibit C
- 1 -
.- 4. At a minimum, unless specifically approved in writing by a Design Review
Committee established by the Declarant(s):
(a) All exterior siding materials shall be of natural woods or cement board type
siding; brick, stone or stucco:
(b) The minimum roof pitch shall be six-twelfths (6/12) with a rise of six (6) feet per
twelve (12) feet in run: and
(c) Promptly upon completion of construction, but in no event later than twelve (12)
months after the Closing Date, Buyer shall install a hard-surface driveway and
complete landscaping.
(d) All fences must be approved by the Design Review Committee if to be
constructed prior to January 1, 2011 (See City Fence Requirements).
5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance.
6. No trash or debris shall be left in or on any site except in approved containers. No
trash receptacles or garbage cans shall be located outside any building unless
. completely screened from view.
7. On Lots 1, 2 & 3, Block 1, High Pointe Estates there can be no visible fences except
in the rear yards. Rear yard fence must meet city requirements. No side yard or
front yard visible fencing is allowed.
8. These covenants shall run with the land and shall be binding on all parties and all
persons claiming them for a period of thirty years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for
successive periods of ten years unless an instrument signed by the fee owners of a
majority of the lots has been recorded agreeing to change these covenants in whole
or in part.
.
-2-
.- 9. These covenants may be waived, terminated, or modified as to the whole of High
Pointe Estates or any portion thereof with the consent of the fee owners of a
majority of the lots in High Pointe Estates, and regarding the covenants in paragraph
7, with the consent of the City of Shorewood. No such waiver, termination or
modification shall be effective until the proper instrument in writing shall be executed
and recorded in the Office of the County Recorder and files of the Registrar of Title
for the County of Hennepin, State of Minnesota.
10. Declarant and any owner of property in High Pointe Estates, or with respect to the
covenants in paragraph 7 the City of Shorewood, may enforce the covenants and
restrictions contained in this Declaration by any appropriate legal remedy. A person
violating any of the covenants and restrictions will be liable to the Declarant, a
property owner, and the City of Shorewood for all costs and attorneys' fees which
they incur in successfully enforcing the covenants or restrictions.
11. Invalidation of any of these covenants and restrictions by judgment or court order
shall not affect any of the other provisions which shall remain in full force and effect.
. IN WITNESS WHEREOF, LECY CONSTRUCTION, INC. has caused this
Declaration to be executed the day and year first above written.
Declarant
LECY CONSTRUCTION, INC.
By: Roy H. Lecy
Its: Secretary.Treasurer
Property Owner/Declarant
CITY OF SHOREWOOD
By:
Its: Mayor
ATTEST:
City Administrator/Clerk
.
-3-
.-
.
.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of , 2003, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a Minnesota Corporation,
Declarant.
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
-4-
..
DECLARATION OF PRIVATE DRIVE & UTILITY EASEMENT &
MAINTENANCE AGREEMENT
THIS DECLARATION OF EASEMENT is made this day of ,
200_, by the following: the Owners of Lots 1, 2 & 3, Block_
High Pointe Estates (hereinafter referred to as "Benefited Properties") and Lecy Construction,
Inc. (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Owner is the fee owner of the following described real property located
in Hennepin County, Minnesota:
HiQh Pointe Estates according to the recorded plat
thereof on file in the office of the County Recorder in and for Hennepin County, Minnesota
(collectively hereinafter referred to as the "Owners Property"); and
WHEREAS, the Owner desires to declare and establish a certain private drive and
utility easement over and across a certain portion of the Owners Property which is legally
described as Outlot A of the foregoing plat, hereinafter referred to as the "Easement Area",
and depicted as Outlot A on Exhibit A.
NOW THEREFORE, in consideration of the premises, the Owner hereby declares the
. following easements, and maintenance agreement for the purposes and upon the terms
hereinafter described:
.
1. Declaration of Easement. The Owners hereby declare that the Owners Property are
and shall be owned, transferred, sold, conveyed and occupied subject to a nonexclusive
easement over and across the Easement Area for the purposes described below. Said
easement shall burden the Easement Area and shall benefit the Owners Property. Said
easement shall be appurtenant to and run with the title to the Owners Property, and shall be
perpetual.
2. Inqress and Eoress and Placement of Utilities. The easement created herein is for
construction and maintenance of underground utilities to and across the Easement Area. Said
utilities shall include, but not be limited to: sanitary sewer, water, electric, gas, telephone,
cable television or other electronic wiring.
3. Utilitv Easement Location. The location of the private drive and utility easement
shall be as shown on. the attached Exhibit "A".
Exhibit D
- 1 -
.. 4. Maintenance of Easement. The owners of the Benefited Properties shall be
responsible for, and shall equally pay for, the ongoing and general maintenance, repair and
replacement of, the portion of the Easement Area situated over the Owners Property.
Additionally, the Benefited Properties shall be responsible for, and equally pay for, the ongoing
and general maintenance, repair and replacement of, that portion of the sanitary sewer line
serving High Pointe Estates which lies within the MN DOT property and that portion which lies
within the Francis Thole property (23450 State Highway 7) and northerly and westerly of the
existing manhole location.
5. Maintenance of Private Drive on MN DOT Property. The owners of the Benefited
Properties shall be responsible for, and shall equally pay for, the ongoing and general
maintenance, repair and replacement of, that portion of the Private Drive which exists on MN
Dot property as depicted on Exhibit "B". Additionally, the owners of the Benefited Properties
shall be responsible for, and shall equally pay for, preventing, minimizing and/or repairing
damage from water erosion within five (5) feet either side of the Private Drive on MN DOT
property, said area as depicted on Exhibit "B".
.
6. Interference with Easement. No obstructions which would prevent, restrict or
otherwise reasonably inhibit the installation of underground utilities on the Easement Area,
shall be erected, condoned, or permitted to endure by the owner(s) of the Easement Area or
any part thereof.
7. Enforcement of Easement: Remedies for Violation. The restrictions set forth herein
shall be enforceable by the owner of the benefited lots, and by each owner's respective
successors in title, by restraining order or injunction, temporary or permanent, prohibiting such
violation or interference and demanding compliance with the provisions hereof, which
restraining order and injunction shall be obtainable upon proof of the existence of such
violation or attempted or threatened violation or interference and without the necessity of proof
of the inadequacy of legal remedies or irreparable harm. In the event of any litigation,
arbitration or other proceeding for the interpretation or enforcement of this Agreement, the
prevailing party will be entitled to receive an award of its costs, including reasonable attorney's
fees.
8. No Dedication to Public. Nothing herein contained shall constitute a dedication of
any interest in any of the Benefited Properties to the public or to public use or to give the
members of the public any rights hereunder, including, without limitation, any rights in the
Easement Area.
9. Amendment. This Declaration of Easement may be amended by an instrument
executed by all of the owners of the Lots comprising the Owner and the Benefited Properties.
Any such amendment must be filed in the office of the County Recorder of Hennepin County
in order to be effective.
10. Successors and Assians. The terms and condition of this Declaration of Easement
shall bind and inure to the benefit of the Declarant and all successors in title to all or part of
the Owners and Benefited Properties affected hereby.
.
-2-
.-
.
.
IN WITNESS WHEREOF, the Declarants have caused this instrument to be executed
as of the day and year first above written.
OWNER
BENEFITED PROPERTIES
LECY CONSTRUCTION, INC.
Roy H. Lecy
Secretary-Treasurer
Owner
Lot 1, Block 1, High Pointe Estates
BENEFITED PROPERTIES
BENEFITED PROPERTIES
Owner
Lot 2, Block 1, High Pointe Estates
Owner
Lot 3, Block 1, High Pointe Estates
-3-
"
STATE OF MINNESOTA)
. ) SS.
. COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of ,200_, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a Minnesota Corporation,
Developer.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 1, Block 1, High Pointe Estates.
,200_, by
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 2, Block 1, High Pointe Estates.
,200_, by
.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 3, Block 1, High Pointe Estates.
,200_, by
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
.
-4-
~
HIGH POINTE ESTATES
......-
,,__ Hartn fin. of. the SE: 1/4 of 1M 1/4 of Soc, J4, T. 117, R. 2J
/ .
( S 89039'17" E 407.24
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OUTLOTD
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------
DEMARS-G.4BRIEL
LtlND SURVEYORS, INC.
I::: X H \ B \ T \~ A "
.
LOT 2
. EXHIBIT liB"
9/23/03 1 '=50'
. OUTLOT B LOT 3
Owned by Lot 3J Block 1
w / Conservo. tion Eo.se, (to
HIGH POINTE
owg~~~gJ I-t Block
<D&.U Eo.se. over Outlot A)
LOT 1
.
MnDDT RIGHT-OF-'JAY
'J"
-,>.
"Y',.,^
('
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~
FRANCIS THOLE PROPERTY
23450 H'w'Y. 7
'.
,
\
. .
.
.
.
OUTLOT B CONVEYANCE
HIGH POINTE ESTATES
THIS CONVEYANCE, is made this _' day of 200_ by and between
, Owner of Lot 3, Block 1, High Pointe Estates, herein after
referred to as the "Owner" and LECY CONSTRUCTION, INC., a Minnesota Corporation,
referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the fee owner of the following described real property
located in Hennepin County, State of Minnesota.
Outlot B, High Pointe Estates according to the recorded plat thereof on file in the
office of the County Recorder in and for Hennepin County, Minnesota (herein after
referred to as "Property"); and
WHEREAS, the Property as depicted on recorded plat of High Pointe Estates is directly
adjacent to Lot 3, Block 1 of High Pointe Estates; and a Conservation Easement over,
under, and across the property has been granted to the City of Shorewood, and;
WHEREAS, such Conservation Easement prohibits future development on the Property
NOW THEREFORE, Developer hereby grants and conveys to the Owner, Outlot B of
High Pointe Estates. The terms of this conveyance are as follows:
1. Owner shall abide by the terms of the Conservation Easement on the Property.
2. The Owner, its successors, and/or assigns shall take ownership and
responsibility for Outlot B in perpetuity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER:
OWNER:
LECY CONSTRUCTION, INC.
Roy H. Lecy
Owner
Lot 3, Block 1, High Pointe Estates
Secretary-Treasurer
Exhibit E
- 1 -
""
.' STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of ,200_, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a Minnesota Corporation,
Developer.
Notary Public
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 3, Block 1, High Pointe Estates.
,200_, by
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
.
.
-2-
i
'.
.
.
.
WETLAND CONVEYANCE
HIGH POINTE ESTATES
THIS CONVEYANCE, is made this _' day of 200_ by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporation, herein after referred to as the
"City", and LECY CONSTRUCTION, INC., a Minnesota Corporation, referred to as the
"Owner/Grantor" .
WITNESSETH:
WHEREAS, the Owner/Grantor is the fee owner of the following described real property
located in Hennepin County, State of Minnesota.
High Pointe Estates according to the recorded plat thereof on file in the office of
the Country Recorder in and for Hennepin County, Minnesota (herein after referred to
as "Property"); and
WHEREAS, Outlot C of the property as depicted on recorded plat of High Pointe
Estates is a designated wetland within the City of Shorewood; and
WHEREAS, on , 200_, the City Council of the City of Shorewood
granted Owner/Grantor application for development of the Property; and
WHEREAS, as a condition of the approval, the City required Owner/Grantor to deed
Outlot C to the City, pursuant to current wetland regulations
NOW THEREFORE, in consideration of the City's approval and in satisfaction of the
condition imposed, Owner/Grantor hereby grants and conveys unto the City Outlot C of High
Pointe Estates. The terms of this conveyance are as follows:
1. Owner/Grantor states that no action of any kind has been undertaken by the
Owner/Grantor during their time of ownership to disturb the wetland/vegetation
on Outlot C.
2. The City, its successors, and/or assigns shall take ownership and responsibility
for Outlot C in perpetuity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER:
CITY OF SHOREWOOD:
LECY CONSTRUCTION, INC.
Roy H. Lecy
Secretary-Treasurer
Its: Mayor
ATTEST:
City Administrator/Cler Exhibit F
.
.
.
DECLARATIONS OF
COVENANTS, CONDITIONS & RESTRICTIONS
THIS DECLARATION made this IOfA day of /lit) t/em b?r ,2003, by Lecy
Construction, Inc., Property Owners, hereinafter referred to as "Declarant."
WITNESSETH:
Declarant is the owner of certain property in the City of Shorewood, County of Hennepin
and State of Minnesota, which is more particularly described as:
Lots 1 through 3, Block 1, and Outlots A, B, C & D High Pointe Estates
Declarant hereby imposes upon and subjects Lots 1-3, Block 1 and Outlot D in
High Pointe Estates to the following conditions, restrictions, reservations and covenants for the
benefit of said property to its present and future owners and agrees that as Declarant conveys
each lot, the conveyance shall be made subject thereto:
1. As used herein, a Building Site shall consist of one or more platted lots or one
platted lot and portion or portions of adjacent platted lots which are owned by the
same part or parties.
2. No building shall be erected, altered, placed or permitted to remain on any lot other
than one detached single family dwelling unit with attached garage;
3. No dwelling of less than two stories shall be erected, altered, placed or permitted to
remain on any lot unless such a dwelling contains at least 1500 square feet of
finished and heated main floor living area, exclusive of area included within open
porches, garages and basement. No dwelling of two stories or more shall be
erected, altered, placed or permitted to remain on any lot unless such dwelling
contains at least 2400 square feet of finished and heated living space, exclusive of
area within open porches, garages and basement.
- 1 -
. 4. At a minimum, unless specifically approved in writing by a Design Review
Committee established by the Declarant(s):
(a) All exterior siding materials shall be of natural woods or cement board type
siding; brick, stone or stucco:
(b) The minimum roof pitch shall be six-twelfths (6/12) with a rise of six (6) feet per
twelve (12) feet in run: and
(c) Promptly upon completion of construction, but in no event later than twelve (12)
months after the Closing Date, Buyer shall install a hard-surface driveway and
complete landscaping.
(d) All fences must be approved by the Design Review Committee if to be
constructed prior to January 1,2011 (See City Fence Requirements).
5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance.
6. No trash or debris shall be left in or on any site except in approved containers. No
trash receptacles or garbage cans shall be located outside any building unless
. completely screened from view.
7. On Lots 1, 2 & 3, Block 1, High Pointe Estates there can be no visible fences except
in the rear yards. Rear yard fence must meet city requirements. No side yard or
front yard visible fencing is allowed.
8. These covenants shall run with the land and shall be binding on all parties and all
persons claiming them for a period of thirty years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for
successive periods of ten years unless an instrument signed by the fee owners of a
majority of the lots has been recorded agreeing to change these covenants in whole
or in part.
.
-2-
. 9. These covenants may be waived, terminated, or modified as to the whole of High
Pointe Estates or any portion thereof with the consent of the fee owners of a
majority of the lots in High Pointe Estates, and regarding the covenants in paragraph
7, with the consent of the City of Shorewood. No such waiver, termination or
modification shall be effective until the proper instrument in writing shall be executed
and recorded in the Office of the County Recorder and files of the Registrar of Title
for the County of Hennepin, State of Minnesota.
10. Declarant and any owner of property in High Pointe Estates, or with respect to the
covenants in paragraph 7 the City of Shorewood, may enforce the covenants and
restrictions contained in this Declaration by any appropriate legal remedy. A person
violating any of the covenants and restrictions will be liable to the Declarant, a
property owner, and the City of Shorewood for all costs and attorneys' fees which
they incur in successfully enforcing the covenants or restrictions.
11. Invalidation of any of these covenants and restrictions by judgment or court order
shall not affect any of the other provisions which shall remain in full force and effect.
. IN WITNESS WHEREOF, LECY CONSTRUCTION, INC. has caused this
Declaration to be executed the day and year first above written.
~
--
Declarant
LECY CONSTRUCTION, INC.
By: Roy H. Lecy
Its: Secretary.Treasurer
Property OwnerlD c arant
CITY 0
By:
Its: Mayor
.
-3-
. STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN) . . I _
The foregoing was acknowledged before me this l ~ day of Nov~, 2003, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a;y:.'. . so~~J~() poration,
Declarant. . . ~D. .
I TARI K. HAUl'lTY I ~ClJ\J... .
NOTARY PUBLIC-MINNESOTA .
MY COMMISSION EXPIRES 1-31-2005 Nota ry Pu bhc
.~.rfJf".~v.p.'''.,J''~.'''\,W'''''''W~-l
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
.
.
-4-
.
DECLARATION OF PRIVATE DRIVE & UTILITY EASEMENT &
MAINTENANCE AGREEMENT
THIS DECLARATION OF EASEMENT is made this day of I
200_, by the following: the Owners of Lots 1,2 & 3, Block_
High Pointe Estates (hereinafter referred to as "Benefited Properties") and Lecy Construction,
I nc. (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Owner is the fee owner of the following described real property located
in Hennepin County, Minnesota:
Hi~h Pointe Estates according to the recorded plat
thereof on file in the office of the County Recorder in and for Hennepin County, Minnesota
(collectively hereinafter referred to as the "Owners Property"); and
WHEREAS, the Owner desires to declare and establish a certain private drive and
utility easement over and across a certain portion of the Owners Property which is legally
described as Outlot A of the foregoing plat, hereinafter referred to as the "Easement Area",
and depicted as Outlot A on Exhibit A.
NOW THEREFORE, in consideration of the premises, the Owner hereby declares the
. following easements, and maintenance agreement for the purposes and upon the terms
hereinafter described:
1. Declaration of Easement. The Owners hereby declare that the Owners Property are
and shall be owned, transferred, sold, conveyed and occupied subject to a nonexclusive
easement over and across the Easement Area for the purposes described below. Said
easement shall burden the Easement Area and shall benefit the Owners Property. Said
easement shall be appurtenant to and run with the title to the Owners Property, and shall be
perpetual.
2. Inqress and Eqress and Placement of Utilities. The easement created herein is for
construction and maintenance of underground utilities to and across the Easement Area. Said
utilities shall include, but not be limited to: sanitary sewer, water, electric, gas, telephone,
cable television or other electronic wiring.
3. Utilitv Easement Location. The location of the private drive and utility easement
shall be as shown on.the attached Exhibit "A".
.
. 1 -
. 4. Maintenance of Easement. The owners of the Benefited Properties shall be
responsible for, and shall equally pay for, the ongoing and general maintenance, repair and
replacement of, the portion of the Easement Area situated over the Owners Property.
Additionally, the Benefited Properties shall be responsible for, and equally pay for, the ongoing
and general maintenance, repair and replacement of, that portion of the sanitary sewer line
serving High Pointe Estates which lies within the MN DOT property and that portion which lies
within the Francis Thole property (23450 State Highway 7) and northerly and westerly of the
existing manhole location.
5. Maintenance of Private Drive on MN DOT Property. The owners of the Benefited
Properties shall be responsible for, and shall equally pay for, the ongoing and general
maintenance, repair and replacement of, that portion of the Private Drive which exists on MN
Dot property as depicted on Exhibit "B". Additionally, the owners of the Benefited Properties
shall be responsible for, and shall equally pay for, preventing, minimizing and/or repairing
damage from water erosion within five (5) feet either side of the Private Drive on MN DOT
property, said area as depicted on Exhibit "B".
.
6. Interference with Easement. No obstructions which would prevent, restrict or
otherwise reasonably inhibit the installation of underground utilities on the Easement Area,
shall be erected, condoned, or permitted to endure by the owner(s) of the Easement Area or
any part thereof.
7. Enforcement of Easement; Remedies for Violation. The restrictions set forth herein
shall be enforceable by the owner of the benefited lots. and by each owner's respective
successors in title, by restraining order or injunction, temporary or permanent, prohibiting such
violation or interference and demanding compliance with the provisions hereof, which
restraining order and injunction shall be obtainable upon proof of the existence of such
violation or attempted or threatened violation or interference and without the necessity of proof
of the inadequacy of legal remedies or irreparable harm. In the event of any litigation,
arbitration or other proceeding for the interpretation or enforcement of this Agreement, the
prevailing party will be entitled to receive an award of its costs, including reasonable attorney's
fees.
8. No Dedication to Public. Nothing herein contained shall constitute a dedication of
any interest in any of the Benefited Properties to the public or to public use or to give the
members of the public any rights hereunder, including, without limitation, any rights in the
Easement Area.
9. Amendment. This Declaration of Easement may be amended by an instrument
executed by all of the owners of the Lots comprising the Owner and the Benefited Properties.
Any such amendment must be filed in the office of the County Recorder of Hennepin County
in order to be effective.
10. Successors and Assiqns. The terms and condition of this Declaration of Easement
shall bind and inure to the benefit of the Declarant and all successors in title to all or part of
the Owners and Benefited Properties affected hereby.
.
-2-
. IN WITNESS WHEREOF, the Declarants have caused this instrument to be executed
as of the day and year first above written.
OWNER
BENEFITED PROPERTIES
ECY CONSTRUCTION, INC.
Roy H. Lecy
Secretary-Treasurer
Owner
Lot 1, Block 1, High Pointe Estates
BENEFITED PROPERTIES
BENEFITED PROPERTIES
Owner
Lot 2, Block 1, High Pointe Estates
Owner
Lot 3, Block 1, High Pointe Estates
.
.
- 3-
STATE OF MINNESOTA)
. )SS.
COUNTY OF HENNEPIN) h. I
The foregoing was acknowledged before me this ~ day of 1JU\ft~, 20~, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a M. inn.ett:. ta C. orporation,
Developer. ~ ,j) \ I ~
.^^MA~. ~J~.{"~ ~ ~
i TAR I K. HAUt.ITY I ,- ,. ~
NOTARYPUBUc-MlNNESOTA Notary Public
MY COMMISSION EXPIRES 1-31-2llO5
1l~~..aa._.._.._~.&aAa_Aa~a.
STATE OF MINNE~u IAT~~n_~~ ~nnm. --
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of ,200_, by
Owner of Lot 1, Block 1, High Pointe Estates.
Notary Public
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 2, Block 1, High Pointe Estates.
,200_, by
.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 3, Block 1, High Pointe Estates.
,200_, by
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
.
.4.
HIGH POINTE ESTATES
,-",-
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-----
DEMARS-GA.BRIEL
LAND SURVEYORS, INC.
1::: X H \ 5 \ T " A "
.
LOT 3
EXHIBIT II B /I
9/23/03 1'=50'
. OUTLOT B
Owned by Lot 3) Block 1
w I Conserve. tion Ease. (to
HIGH POINTE
LOT 2
owQ~~~HJ 1-~ Block
ms.u Ea.se. over Outlot A)
LOT 1
.
MnDDT RIGHT-OF-VAY
5) Erosion
Control Area.s
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FRANCIS THOLE PROPERTY
23450 HVY. 7
.-
,
OUTLOT B CONVEYANCE
HIGH POINTE ESTATES
. THIS CONVEYANCE, is made this _' day of 200_ by and between
, Owner of Lot 3, Block 1, High Pointe Estates, herein after
referred to as the "Owner" and LECY CONSTRUCTION, INC., a Minnesota Corporation,
referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the fee owner of the following described real property
located in Hennepin County, State of Minnesota.
Outlot B, High Pointe Estates according to the recorded plat thereof on file in the
office of the County Recorder in and for Hennepin County, Minnesota (herein after
referred to as "Property"); and
WHEREAS, the Property as depicted on recorded plat of High Pointe Estates is directly
adjacent to Lot 3, Block 1 of High Pointe Estates; and a Conservation Easement over,
under, and across the property has been granted to the City of Shorewood, and;
WHEREAS, such Conservation Easement prohibits future development on the Property
NOW THEREFORE, Developer hereby grants and conveys to the Owner, Outlot B of
High Pointe Estates. The terms of this conveyance are as follows:
.
1. Owner shall abide by the terms of the Conservation Easement on the Property.
2. The Owner, its successors, and/or assigns shall take ownership and
responsibility for Outlot B in perpetuity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER:
~STRUCTION.INC.
Roy H. Lecy
OWNER:
Owner
Lot 3, Block 1, High Pointe Estates
Secretary- Treasu rer
.
- 1 -
. STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN) . '" VI I
The foregoing was acknowledged before me this ~ day ofl \weJYu", ,20ce., by
Roy H. Lecy, Secretary-Treasurer of Lecy construction~,..c.. ., a M;(in. e\!sa Corpor tion,
Developer. ) ~ ..',
. . .... "'\-
i TARI K. HAU~JTY I N t P bl'
NOTARY PUBLIC-MINNESOTA 0 ary u IC
MY COMMISSION EXPIRES t~t-2005
.v.,..-..v-..A.+.N."A~-JNA"J'.".YA".r-J.ttA.,.
~
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 3, Block 1, High Pointe Estates.
,200_, by
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
.
.
- 2-
WETLAND CONVEYANCE
HIGH POINTE ESTATES
. THIS CONVEYANCE, is made this it/fA, day of }.//)~ 2002 by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporation, herein after referred to as the
"City", and LECY CONSTRUCTION, INC., a Minnesota Corporation, referred to as the
"Owner/Grantor" .
WITNESSETH:
WHEREAS, the Owner/Grantor is the fee owner of the following described real property
located in Hennepin County, State of Minnesota.
High Pointe Estates according to the recorded plat thereof on file in the office of
the Country Recorder in and for Hennepin County, Minnesota (herein after referred to
as "Property"); and
WHEREAS, Outlot C of the property as depicted on recorded plat of High Pointe
Estates is a designated wetland within the City of Shorewood; and
WHEREAS, on AI ()V. 10 , 2002, the City Council of the City of Shorewood
granted Owner/Grantor application for development of the Property; and
WHEREAS, as a condition of the approval, the City required Owner/Grantor to deed
Outlot C to the City, pursuant to current wetland regulations
.
NOW THEREFORE, in consideration of the City's approval and in satisfaction of the
condition imposed, Owner/Grantor hereby grants and conveys unto the City Outlot C of High
Pointe Estates. The terms of this conveyance are as follows:
1. Owner/Grantor states that no action of any kind has been undertaken by the
Owner/Grantor during their time of ownership to disturb the wetland/vegetation
on Outlot C.
2. The City, its successors, and/or assigns shall take ownership and responsibility
for Outlot C in perpetuity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
.
DEVELOPER:
~STRUCTION' INC.
Roy H. Lecy
Secretary- Treasu rer
~TYiJit100D
Its: Maym
I
CONSERVATION EASEMENT
THIS INDENTURE, is made No v, 10 I ~oo3 , by and between Lecy
. Construction. Inc. , a Minnesota corporation ("Grantor"), and the CITY OF
SHOREWOOD, a Minnesota municipal corporation (Grantee").
A. Grantor is the owner of certain real property located in the City of Shorewood,
County of Hennepin, State of Minnesota, legally described as High Pointe
Estates, Hennepin County, Minnesota.
8. On Np{trnher /D .2003, the City Council of the City of Shorewood
granted Grantor's application for development of the Property.
C. As a condition of the approval, the City required Grantor to dedicate a
conservation easement over a portion of the Property, legally described as Outlot
8, High Pointe Estates and depicted on recorded plat of High Pointe Estates,
Hennepin County, Minnesota.
NOW THEREFORE, in consideration of the City's approval and in satisfaction of the
condition imposed, Grantor hereby grants and conveys unto the Grantee a conservation
easement over, under and across the Easement Property. The terms of this easement are as
follows:
.
.
1.
Except as permitted by this paragraph, no action of any kind shall be undertaken
to change or disturb the landscaping, open spaces, wetlands, and vegetation
existing as of this date. No structures may be built, no grading may be done, no
improvements of any kind may be made, and no earthen material may be
removed from the Easement Property. During the first eight months of
construction, excess earthen material from Lots 1 through 3 may be placed in
the area identified on the grading plan and may be added in other locations
where necessary to achieve 3: 1 maximum slopes. The Easement Property shall
remain in all respects undisturbed, except that Grantor clear any debris including
dead vegetation from the Easement Property, may remove invasive non-native
vegetation such as European buckthorn, and may engage in other environmental
management practices approved by Grantee.
2. Grantee may enter upon the Easement Property for the purposes of inspection
and enforcement of this easement and may take whatever actions are necessary
to restore the Easement Property to its undisturbed nature. Further, Grantee
may enforce the terms of this easement by an proceeding in law or in equity to
restrain violation, to compel compliance, or to recover damages, including
attorneys' fees and costs of the enforcement actions. Grantor shall not be liable
for the actions of any third party, other than its employees, agents or contractors,
which may violate the terms of this easement, unless Grantor, its employees,
agents or contractors had actual knowledge of the violation and failed to take
reasonable action to stop the violation.
3.
Failure to enforce any provision of this easement upon a violation of it shall not
be deemed a waiver of the right to do so as to that or any subsequent violation.
4. Invalidation of any of the terms of this easement shall in no way affect any of the
other terms, which shall remain in full force and effect.
- 1 -
.
.
.
5.
This easement does not convey a right to the public use of the Easement
Property nor does it convey any right of possession in the Easement Property to
the public or Grantee. Access by the Grantee to the Easement Property shall be
limited to access necessary for purposes of inspection and enforcement as
specified in paragraph 2 above. Grantee shall not be entitled to share in any
award or other compensation given in connection with a condemnation or
negotiated acquisition of all or any part of the Easement Property by any
authority having the power of eminent domain. Grantee hereby waives any right
it may have to such an award or compensation.
6. Acceptance of this easement by the Grantee and the recording of this document
shall constitute the Grantee's consent to be bound by its terms.
7. This easement shall run with the Property and be binding on the Grantor, its
successors and assigns, and inure to the benefit of the Grantee, its successors
and assigns.
IN WITNESS WHEREOF, Grantor has executed this indenture on the date first written
above.
(iJN)
LECY CONSTRUCTION, INC.
By: Roy H. Lecy
Its: Secretary-Treasurer
COUNTY OF HENNEPIN
STATE OF MINNESOTA
The fCi)regoing instrument was acknowledged before me this ~ ~ day of
N<N--e..~ ,200~ by Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a
Minnesota corporation.
I!^~^^^~.
~.< ......... TARI K. HAUt-!TV I
~ I.'.. ~" .. NOTARY PUBLIC-MINNESOTA
~ MY COMMISSION EXPIRES 1-31-2005
.vw.""-....".....;...,.~~....~N^..~...~.
::J~ ~v
Notary Public
Drafted by:
Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
-2-