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96-013 . . . ." CITY OF SHOREWOOD RESOLUTION NO. 96-13 A RESOLUTION APPROVING THE FINAL PLAT OF ZACHARY WOODS WHEREAS, the final plat of Zachary Woods has been submitted in the manner required for the platting ofland under the Shorewood City Code and 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: (1) That the final plat of Zachary Woods is hereby approved. (2) That the approval is specifically conditioned upon the terms and conditions of the Developer's Preliminary Plat Approval contained in Shorewood Resolution No. 96-03. attached hereto and made a part hereof as Attachment 1; and the following: (a) The Developer must record the Declaration of Covenants, Conditions and Restrictions for Zachary Woods, Hennepin County, Minnesota, attached hereto and made a part hereof as Attachment 2, contemporaneously with the final plat. (b) The Developer must record the Declaration of Covenants, Conditions and Restrictions for Lot 1, Block 1, Zachary Woods, Hennepin County, Minnesota, attached hereto and made a part hereof as Attachment 3, contemporaneously with the final plat. ( c) The Developer must record the deed, attached hereto and made a part hereof as Attachment 4, conveying Outlot A to the property owner of22690 Murray Street, contemporaneously with the final plat. (3) That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Declarations of Covenants, Conditions and Restrictions on behalf of the City Council. (4) That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. . . . 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 Shore wood this 22nd day of January 1996. '\ ) /' . f~ .., f'-"" ,1" ,_\;"1,,:,/ ,. ,f>> , ~(}c~ Lk-~11..... . '1 ":}.-e.(>L{ __ Robert B. Bean, Mayor ATTEST: n~. C ~VVv1l\, s C. Hurm, City Administrator/Clerk .2- . . . CITY OF SHOREWOOD RESOLUTION NO. 96-03 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR ZACHARY WOODS WHEREAS, Brent Sinn (Applicant) has an interest in certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Preliminary Plat of said real property as shown in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 29 November 1995, which Memorandum is on me at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 5 December 1995, for which notice was duly published and all adjacent property owners duly notified; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the property is zoned R-IC/S, Single-Family Residential/Shoreland, and contains approximately 3.7 acres and is occupied by a single-family residential dwelling. 2. That the property has approximately 317 feet of frontage on Galpin Lake Road, a public street, and 360 feet of frontage on Galpin Lane, a private road. 3 . That the Applicant proposes to divide the property into three lots plus one outlot. 4. That, although Lot 1, Block 1 is large enough in area to redivide, the Applicant has agreed to record a deed restriction on the lot, stating that it will not be redivided until such time as all future lots would have frontage on a standard public street. 5. That the Applicant proposes to convey the outlot to the owner of the property to the south. 6. That any fill required to provide access to Lot 3, Block 1 will meet City and Watershed District requirements. CONCLUSION A. That the Applicant's request for preliminary plat approval for Zachary Woods is hereby granted. B . That such approval is subject to the following conditions: 1 . The Applicant must obtain approval from the Minnehaha Watershed District for the proposed wetland alteration Attachment 1 . . . ., 2. A 35-foot buffer area will be maintained from the wetland, and buildings will maintain a I5-foot setback from the buffer area. 3. removal. Temporary fencing will be erected to delineate the limits of filling and tree 4. Grading for the driveway accesses for all lots shall be subject to review and approval by the City Engineer. 5 . The Applicant will resolve any discrepancy associated with the boundaries of the property. 6. The final plat will provide drainage and utility easements, 10 feet on each side of each side and rear lot line. 7. The developer will prepare a detailed tree inventory, from which a tree preservation/replacement plan will be required. 8 . The project will be subject to the municipal water charges in effect at the time of final platting. 9. The developer shall prepare a protective covenant advising future buyers of the lots that they are subject to additional water charges. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January 1996. ATTEST: 11 f I / ~MV.1 G y1~ J aiij~s C. Hurm, City Administrator/Clerk f' V l2~~,*?J~~J \~ Robert B. Bean, Mayor -2- . . . " "Lot 199, Auditor's Subdivision Number 135, EXCEPT that part of said Lot 199 lying Southerly of a line parallel with and distant 120 feet North of the North line of Murray Street as shown on said plat, AND EXCEPT that part thereof described as follows: Commencing at the Northeast corner of Let 199, Auditor's Subdivision No. 135, Hennepin County, Minnesota; thence South nineteen degrees East along the East line of said Lot 199, 150.2 feet; thence West 140.2 feet: thence North nine degrees West 175 feet to the North line of said lot; thence North eig:htv-six de!Zrees fifteen minutes East 40.75 feet; thence South seventy-five degrees forrY minuteS East 107 feet to the point of beginning; AND That part of Lot 199, Auditor's Subdivision Number 135, Hennepin County, Minnesota lying Southerly of a line parallel with and distant 120 feet North of the North line of Murray Street as shown on said plat and lying Easterly of a line 16.2 feet Westerly of and parallel with the Easterly line of said Lot 199." P .I.N. 34-117-23-44-0013 l:!.. Exhibit A . I/) o o )- (X C[ I u C[ N ~4)\\ ~~ I ", II ( ) . 1'.. ... r~ II Q . < 0 o .. ;;; J at' ,~ ,.. ", 't;~8 :2 <1. .;. .) '1...Jc;,;; ,_ ';;! - 7 , <r c. if) Ii. 0 <j ~ i 8 ~ ~ 1- \1 3 ~ (~3,."ti r ~ ~,'/~ ~ II ~ C:.L1 '; v) t uJ v';R Q:,... ::i/ ~. :r ,.. -:z ff ~f I ":~~~;; , . ,,- ",.:S11t '':I\'&hE ' 1JEJ;t"'o ~l4 JC.... ~ G .. ,oiitS .S,: : ~t~~ ~~i ; !.!J.A:", ,:~""." 1- 1.1 IU IJ I, ltJ j \.1 , 1 u. . " 3 -,~ l .. ';i ;i: \- -- (j - DI ry . ~ ~"" ~ :.:.. r')"'- 8 '\..... .....- ~-1 ~ \.. ~j ~:l ~ (~'< ~ Ci ~ ~~ ~ ~vi ~~~ .:>I :2, :s~ ;. U' \. ) "~ "'" 3 o I~.j.... . ':?~-I~I r! ~ "-".j~ ~ ,'J ..0 ~ 0 ~ o'Z~I!!-L 0 ~ ~ ~ /: 'i. Ii IIJfiHJ If I; I~j,&. I :1 '~j! :.i!Hlf' ;11 .:!si!; sH :H:j~H ~Jli Ui!hU i, ~ .H~Hn'; il jh~i1:i .II Ifjilill: Jtl~ 7 .t;l!i!~ . !.11 ~ ....:r.:1. -l!- ii iU;n_t 3._. <i "':H~f: ....il .J 5 ~ . - " f 1.& .. ~ . I ~ oJ' -~itlipL JU. ~lg~H!lr :H;; - Exhibit B J ~~ ~ ~." G' ....J ~~. r:- ~.~ ~ t; ......),; <J ~. \,. ~l:: .. ~ ~ U I"~ ~ S-::t.(j oJ ;5 vI oJ ::; '\' u..' III J: ,t t .t' _ . . . DEClARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR ZACHARY WOODS HENNEPIN COUNTY, MINNESOTA THIS DECLARATION, is made as of this _ day of , 1996 by Brent L. Sinn and Pamela K. Sinn, husband and wife ("Developer" and "Fee Owner"). RECITALS 1. Developer is the fee owner of certain land in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lots 1, 2, and 3, Block 1, Zachary Woods (lithe Property"). 2. Developer intends to develop the property for residential purposes. 3. In order to provide for the necessary admjnjstratio~ preservation and enhancement of the Property, Developer hereby declares that the Property is and shall be transferred, held, sold, conveyed, occupied and developed only subject to the following covenants, conditions, restrictions, and reservations which are for the purpose of protecting the value and desirability of, 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. ARTICLE I DEFINITIONS The following words, when used in this Declaration shall have the following meaning: a. ''Property'' shall mean that certain real property described and defined as Lots 2 and 3, Block 1, Zachary Woods, Hennepin County, Minnesota. b. "Lot" shall mean Lot 2 and Lot 3, Block 1, Zachary Woods as shown upon the recorded subdivision plat thereof. Lot 1, Block 1, Zachary Woods is specifically excluded from this Declaration and is not a ''Lot'' for purposes of this Declaration. c. "Dwelling" shall mean and refer to any house or appurtenant structure constructed upon the property intended for use and occupancy as a residence by a single family. 1 Attachment 2 . . . d. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot including Contract Purchasers. e. ''Developer'' shall mean Brent L. Sinn and Pamela K. Sinn, husband and wife as well as their heirs, successors and assigns if such should acquire more than one undeveloped Lot from the Developer for the purpose of development and are designated by Developer as their successor. ARTICLE II PROPERTY SUBJEcr TO THIS DECLARATION The Property is located in the City of Shorewood, County of Hennepin, State of Minnesota, and legally described as Lots 2 and 3, Block 1, Zachary Woods, inclusive and shall be developed, held, transferred, sold, conveyed, and occupied only subject to this Declaration. ARTICLE ill ARClllTECTURAL CONTROL a. No dome homes, no double wides, and no prefabricated homes shall be permitted on any Lot. No dwelling, building, fence, wall patio, or other structure shall be commenced, placed, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein (including material changes in color, materials or appearance, including planting of bushes and trees) be made, nor shall the grades and earth contours be substantially altered, until: (i) the builder or contractor who will actually perform the work, and (ii) the plans and specifications showing the nature, kind, shape, heights, color, - materials, and location of the same, shall have been submitted to and approved in writing by Brent L. Sinn. In the event Brent L Sinn fails to approve or disapprove the builder or contractor, or any proposed design, materials, height, color or location within thirty (30) days after the identity of the builder or contractor and the plans and specifications have been submitted to him, approval will not be required and this Article will be deemed to have been fully complied with. b. Brent L Sinn is authorized to execute certificates of approval, notice of disapproval and similar instruments effectuating decisions of Brent L Sinn. 2 . . . c. At least thirty (30) days before construction is commenced, the Owner shall submit to Brent L Sinn two (2) complete sets of plans and specifications (including, without limitation, full site plans, and a complete description of exterior colors and materials), along with the name of the builder or contractor who will actually perform the proposed work, in care of Brent L Sinn at 6035 Galpin Lake Road, Shorewood, MN 55331 or such other address as Brent L Sinn may specify from time to time. d. Within thirty (30) days of receipt of plans and specifications and the name of the builder or contractor, Brent L. Sinn shall approve or disapprove them in writing. Brent L Sinn may disapprove a builder or contractor if Brent L Sinn determines, in his sole discretion, that such builder or contractor does not meet Brent L. Sinn's standards of credit worthiness and/or does not build homes or improvements of the same quality and in the same price range as previously approved by Brent L Sinn. Brent L Sinn may disapprove plans and specifications only for one or more of the following reasons: (1) Noncompliance with this Declaration; (2) Failure of a dwelling to be of a size, color, location or size compatible with, or failure of a Dwelling to be of the same general size, quality of construction and price range as the Dwellings previously approved by Brent L. Sinn; (3) Failure of a Dwelling, fence or other material improvement to be placed and oriented on its Lot in a manner compatible with the dwellings built or to be built upon adjoining Lots and in a manner compatible with the terrain of the Lot; (4) Failure of a fence or other improvement to be compatIble with improvements on adjoining Lots, and the character of the subdivision as a whole, in terms of height, location, design, materials and/or obstruction of view; (5) Failure of the plans and specifications to show, in the sole discretion of Brent L Sinn, all information necessary to evaluate the foregoing characteristics. Brent L. Sinn's determination shall be conclusive. If Brent L Sinn disapproves the builder or contractor, or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. e. If construction of a Dwelling, fence or other improvement is commenced without approval by Brent L. Sinn or the builder or contractor, and/or the plans and specifications, or if the construction of a Dwelling, fence or other improvement is not completed in accordance with approved plans and specifications, Brent L Sinn or any Owner may bring an action to enjoin further construction and to compel the nonconforming Owner to conform the Dwelling, fence or other improvement with plans and specifications approved by Brent L Sinn, provided that such action shall be 3 . . . commenced and a notice of lis pendens shall be filed no later than ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority in the case of a Dwelling, or the date of completion, in the case of a fence or other improvement. f. Brent L Sinn shall retain for a reasonable period all plans and specifications submitted to it and a record of all actions taken with regard to them. g. In the event that Brent L Sinn fails to discharge his obligations under this Article Ill, then any owner of Lot 2 or 3, Block 1, Zachary Woods may bring an action to compel the discharge of such obligations but under no circumstances shall Brent L. Sinn, the Developer, or any of them, be liable to any person for damages (direct, consequential or otherwise). h. Architectural liability. Brent L Sinn shall be concerned about the aesthetic characteristics only and does not assert architectural expertise. In the course of his duties, Brent L. Sinn may request certain design modifications in the interest of producing overall lot improvements more complimentary to or compatIble with the Zachary Woods community. It is the sole duty and responsibility of the applicant to employ an architect or other person to design the requested modifications in a safe and architecturally sound manner. Each owner of any interest in Lots 2 and 3, Block 1, Zachary Woods, his heirs, successors and assigns, as a condition of his ownership, waives any right to damages which result from architectural designs and changes requested by Brent L. Sinn. Brent L. Sinn shall exercise his best judgment as to the aesthetic characteristics of architectural design and his judgment shall be final. i. Termination of Architectural Control. The foregoing provisions concerning Architectural Control shall expire ninety-one (91) days after the date on which a certificate of occupancy is issued by the appropriate municipal authority for the last Lot on which a house is constructed. ARTICLE IV BUll.DING AND USE RESTRICTION: EASEMENTS a. Use. No Lot shall be used except for: 1. Single family residential purposes; 2. Office or similar use as an accessory to the use of the Lot and the Dwelling thereon for residential purposes, subject to all applicable provisions of the Shorewood Zoning Code, so long as such use does not materially affect the other Dwellings in Zachary Woods. 4 . . . 3. Lots or portions of Lots may be used by home builders for temporary offices, and model homes. 4. Single family residential purposes include Dwellings and attached or detached garages, swimming pools, tennis courts, and attendant structures, such as storage sheds, pump houses and cabanas, but does not include ''bed and breakfast" operations, hotels, boarding houses, or multi-family residential uses. No Dwelling shall be erected, altered or placed on a Lot or permitted to remain there other than one detached single-family Dwelling not to exceed the height permitted by the City of Shorewood Each Dwelling shall include a garage with space for at least two (2) cars, but the aggregate garage space shall not exceed space for four (4) cars. 5. A dwelling placed on a Lot shall have at least 1,600 finished square feet and shall have natural siding of either brick, stucco, cedar, or such other siding as may be approved by Brent L Sinn. All structures constructed or placed on a Lot shall be fully completed on the exterior thereof within nine (9) months after commencement of construction. b. Turnarounds on Lots 2 and 3. The driveways on Lots 2 and 3, Block 1, Zachary Woods shall be constructed so that a vehicle will be able to turn around and exit the Lot onto Galpin Lake Road by driving forward c. Prohibition of Damage and Certain Activities. Nothing shall be done or kept on any Lot or any part thereof, which would be a violation of any statute, rule ordinance, regulatio~ permit or other validly imposed requirement of any governmental body. No dmnage to, or waste of, a Lot or any part thereof or of the Dwelling and/or improvement thereon shall be committed by any Owner or any guest or invitee of any Owner and each Owner shall indemnify and hold the other harmless against all loss resulting from any such damage or waste caused by him or her or his or her guests and invitees, to any Owner. No noxious, destructive or offensive activity shall be allowed on any Lots or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully on the Property or which will increase any other hazard insurance premiums payable by the other Owners for their Dwellings. d. Prolnbited Structures. No structure of a temporary character, trailer, tent or shack shall be on the Property except by builders during the period of construction of a Dwelling. e. Storage. No more than one of the following items: boat, recreational vehicle, trailer, or inoperable car, shall be stored outside unless screened from view by enclosures approved in accordance with the architectural control provisions in Article ill hereof, provided that outdoor cooking equipment, patio furniture and children's 5 . recreational facilities of a moveable character which are well-maintained and attractive (as determined by Brent L. Sinn) may be kept upon a Lot The storage or collection of rubbish of any character whatsoever, any material that omits foul or obnoxious odors, the growing of any noxious weed or other natural substance, and the harboring of any source of noise or activity which disturbs the peace, comfort or serenity of Owners, is prohibited. Usual trash and garbage shall be kept in sanitary containers in a neat and clean condition, shall be regularly collected and may be kept outside only if in sanitary containers which are so screened, and approved by Brent L. Sinn. f. ~ No sign of any kind shall be displayed to the public view on any Lot except as permitted by the City of Shorewood. g. Antennae. No television or radio antenna shall be erected or placed upon the Lot or the exterior of a Dwelling without the prior approval of Brent L. Sinn as provided in Article ill hereof. Under no circumstances shall satellite receiving dishes be located other than in the rear yard of any Lot, and any such receiving dish shall be located and screened in accordance with the requirements of Brent L. Sinn. h. Pets. Dogs, cats, and other pets of a customary nature shall be permitted provided that (i) no commercial or hobby breeding operation may be maintained, (ii) all pets are at all times reasonably secured and (ill) all kennels and/or runs are constructed only in conformance with the requirements of Article ill of this Declaration and (iv) they are not allowed to become a nuisance in any way to the neighbors. . L Grading. No change in the grading of any Lot shall be undertaken except in conformance with Article ill hereof. Under no circumstances shall fill or other material be removed from a Lot except as may be reasonably necessary to construct a Dwelling or other improvement to a Lot j. Single Family Use. Under no circumstances shall any Dwelling or lot be used to house more than a single family, for hotel or other transient purposes, nor shall any Dwelling be used except in conformance with Article IV. Guests may stay in Dwellings for reasonable periods provided that such use does not intensify the use of a Dwelling to a level which is burdensome to other Owners. k. Reservations of Easements. Easements for installation and maintenance of utilities and drainage are reserved as shown on the recorded plat of Zachary Woods. Within these easements, no structural, planting, improvement, or other material shall be placed or permitted to remain (other than a possible driveway along the common boundary between Lots 1 and 2) which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels on the easements. The easement area of each Lot and all improvements in it . 6 . . . shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 1. Wetland Protection. Developer has or shall cause Developer's surveyor to place survey monuments delineating a 35-foot wetland buffer area on Lots 1, 2 and 3. At minimum, stakes shall be placed on all lot lines where they intersect with the 35-foot wetland buffer. The 35-foot wetland buffer shall be maintained in its natural state. Additionally, a 15 foot setback shall be maintained from the 35 foot wetland buffer. No construction is allowed within said setback and buffer except for driveways to access Lots 1, 2, and 3. m. Wetland on Lot 3. The driveway to be constructed on Lot 3, Block 1, Zachary Woods may not impact more than a total of 400 square feet of wetland located on smd Lot. n. Driveway Easement on Lot 1 for benefit of Lot 2. Developer hereby grants and creates an exclusive 20' X 60' driveway easement over part of Lot 1, Block 1, Zachary Woods described as follows: Commencing at the most Southwesterly corner of said Lot 1, thence northerly along the westerly line of said Lot 1 a distance of 20 feet, thence easterly, parallel with the southerly line of said Lot 1 a distance of 60 feet, thence southerly at right angles to the southerly line of said Lot 1, thence westerly along the southerly line of said Lot 1, to the point of beginning for the benefit of and appurtenant to Lot 2, Block 1, Zachary Woods. This easement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. o. Pending water assessment: Developer hereby discloses to prospective purchasers and lenders that there are pending water assessments which will become payable at the time future water becomes available to the property. The City of Shorewood should be contacted regarding specific amounts and payment dates. ARTICLE V GENERAL PROVISIONS a. Enforcement. Any Owner shall have the right to enforce by any proceeding, at law or in equity, all restrictions, conditions, covenants, and reservations, now or hereafter imposed by the provisions of this Declaration. Failure by the Developer or the Owners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 7 . . . b. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, all of which shall remain in full force and effect. c. Duration. The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Developer and/or any Owner of a Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of Thirty (30) years from the date this Declaration is recorded. d. Amendment. This Declaration may be amended by an instrument signed by the Owners of both Lots 2 and 3, Block 1, Zachary Woods. Additionally, this Declaration shall not be amended without the written approval of the Shorewood City Council. IN WITNESS WHEREOF, the undersigned, being the Developer and the Fee Owner herein, have hereunto caused these presents to be executed this day of 1996. ~"'.. r Bren inn y!7/]/jU: Pamela K. Sinn l/ STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1996 by Brent L Sinn and Pamela K. Sinn, husband and wife. Notary Public 8 . . . CONSENT OF CITY OF SHOREWOOD The City of Shorewood consents to the foregoing Declaration. . CITY OF SHOREWOOD By: Its Mayor ATTEST City AdministratorjOerk STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) On this day of , 1996, before me, a Notary Public within and for said County, personally appeared Robert B. Bean and James C. Hurm to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City AdministratorjOerk 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 AdministratorjOerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public TIllS INSTRUMENT WAS DRAFrED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata,:MN 55391.3126 9 . . . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Lot 1, Block 1, ZACHARY WOODS HENNEPIN COUNTY, MINNESOTA THIS DECLARATION, is made as of this day of , 1996 by - Brent L. Sinn and Pamela K. Sinn, husband and wife ("Developer" and "Fee Owner"). RECITALS 1. Developer is the fee owner of certain land in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lot 1, Block 1, Zachary Woods. 2. Developer intends to develop the property for residential purposes. 3. In order to comply with the requirements of a Development Contract between Developer and the City of Shorewood concerning the Zachary Woods development, Developer hereby declares that Lot 1, Block 1, Zachary Woods is and shall be transferred, held, sold, conveyed, occupied and developed subject to the following covenant, condition, and restriction, which shall run with said Lot and be binding on all parties having any right, title or interest in said Lot or any part thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS The following words, when used in this Declaration shall have the following meanmg: a. "Lot" shall mean Lot 1, Block 1, Zachary Woods as shown upon the recorded subdivision plat thereof. b. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot including Contract Purchasers. c. "Developer" shall mean Brent L. Sinn and Pamela K. Sinn, husband and wife. 1 Attachment 3 . . . ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property is located in the City of Shorewood, County of Hennepin, State of Minnesota, and legally described as Lot 1, Block 1, Zachary Woods, which shall be developed, held, transferred, sold, conveyed, and occupied only subject to this Declaration. ARTICLE ill SUBDIVISION RESTRICTION Lot 1, Block 1, Zachary Woods, Hennepin County, Minnesota shall not be further subdivided until all lots created on said Lot 1 have public access or the subdivision has been approved by a Resolution of the Shorewood City Council. IN WITNESS WHEREOF, the undersigned, being the Developer and the Fee Owner herein, have hereunto caused these presents to be executed this day of 1996. - Brent L. Sinn Pamela K Sinn STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1996 by Brent L. Sinn and Pamela K. Sinn, husband and wife. Notary Public 2 . CONSENT OF CITY OF SHOREWOOD The City of Shorewood consents to the foregoing Declaration. CITY OF SHOREWOOD By: Its Mayor ATTEST City Administrator/Clerk STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) . On this day of , 1996, before me, a Notary Public within and for said County, personally appeared Robert B. Bean and James C. Hurm 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. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 . 3 -- wARRANTY DEED -- . INDIVIDUAL TO INDIVIDUAL No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy Reserved for recording data STATE DEED TAX DUE HEREON: $1.65 DATE: ,1996 FOR VALUABLE CONSIDERATION, Brent L. Sinn and Pamela K Sinn, husband and wife, Grantors, hereby convey and warrant to Mark A. Sass, Grantee, real property in Hennepin County, Minnesota, described as follows: . Outlot A, Zachary Woods together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use and improvement of the property without effective forfeiture provisions; (C) Reservations of any mineral rights by the State of Minnesota; (D) Utility and drainage easements which do not interfere with existing improvements. "The Seller certifies that the Seller does not know of any wells on the described real property." The total consideration for this transfer of property is $500.00 or less. Brent L. Sinn . Pamela K. Sinn Attachment 4 . . . ... 2STATE OF MINNESOTA ) )ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 1996 by Brent L. Sinn and Pamela K Sinn, husband and wife. THIS INSTRUMENT WAS DRAFrED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 5539-3126 (612) 473-9374 Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN lHIS INSTRUMENT SHOULD BE SENT TO: Mark A Sass ... . . . , DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Lot 1, Block 1, ZACHARY WOODS HENNEPIN COUNTY, MINNESOTA TIllS DECLARATION, is made as oftbis.)3t4day Of~~/ ,1996 by Brent L. Sinn and Pamela .K. Sinn, husband and wife ("Developer" and "F Owner"). RECITALS 1. Developer is the fee owner of certain land in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lot 1, Block 1, Zachary Woods. 2. Developer intends to develop the property for residential purposes. 3. In order to comply with the requirements of a Development Contract between Developer and the City of Shorewood concerning the Zachary Woods development, Developer hereby declares that Lot 1, Block 1, Zachary Woods is and shall be transferred, held, sold, conveyed, occupied and developed subject to the following covenant, condition, and restriction, which shall run with said Lot and be binding on all parties having any right, title or interest in said Lot or any part thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS The following words, when used in this Declaration shall have the following meaning: a. "Lot" shall mean Lot 1, Block 1, Zachary Woods as shown upon the recorded subdivision plat thereof. b. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot including Contract Purchasers. c. "Developer" shall mean Brent L. Sinn and Pamela .K. Sinn, husband and wife. 1 .' . . . , ARTICLE II PROPERTY SUBJECT TO THIS DEClARATION The Property is located in the City of Shorewood, County of Hennepin, State of Minnesota, and legally described as Lot 1, Block 1, Zachary Woods, which shall be developed, held, transferred, sold, conveyed, and occupied only subject to this Declaration. ARTICLE ill SUBDIVISION RESTRICTION Lot 1, Block 1, Zachary Woods, Hennepin County, Minnesota shall not be further subdivided until all lots created on said Lot 1 have public access or the subdivision has been approved by a Resolution of the Shorewood City Council. IN WITNESS WHEREOF, the undersigned, being the Developer and,the Fee Owner herein, have hereunto caused these presents to be executed this~ day of \~~ 1996. . B~~ /'/ -"'~""I\! - ! I . "" /1 , .~,,~ STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) _ , The foregoing instrument was acknowledged before me this & day of 1- (' Xl CIA aV T 1996 by Brent L. Sinn and Pamela K. Sinn, husband and wife. ~jcJ- Notary Public THERESA L. NAAs/a NOTARYPU8Uc..-. ." ^"'\<II-- -....... ... -.....81. _ . 2 , . . . , CONSENT OF CITY OF SHOREWOOD The City of Shorewood consents to the foregoing Declaration. By: C~ OF SHOREWOOD k~ Its Mayor ATTEST STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) On this d~yd day of r--6br,-,Qiitr, 1996, before me, a Notary Public within and for said County, personallyappe d Robert B. Bean and James C. Hurm 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. .~-';'~"N.,"'~.N^~#A..-tN..."'.,A."'~"'. I THERESA L. HAAS I NOTARY PUBlIC. MINNESOTA My Commission Expires Jill, 31, 2GlIO . . THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 ~ Notary Public 3 ., . . . " DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR ZACHARY WOODS HENNEPIN COUNTY, MINNESOTA THIS DECLARATION, is made as of thisoUd day of v;:~/ , 1996 by Brent L. Sinn and Pamela K. Sinn, husband and wife' ("Developer" and" ee Owner"). RECITALS 1. Developer is the fee owner of certain land in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lots 1, 2, and 3, Block 1, Zachary Woods ("the Property"). 2. Developer intends to develop the property for residential purposes. 3. In order to provide for the necessary administration, preservation and enhancement of the Property, Developer hereby declares that the Property is and shall be transferred, held, sold, conveyed, occupied and developed only subject to the following covenants, conditions, restrictions, and reservations which are for the purpose of protecting the value and desirability of, 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. ARTICLE I DEFINmONS The following words, when used in this Declaration shall have the following meaning: a. "Property" shall mean that certain real property described and defined as Lots 2 and 3, Block 1, Zachary Woods, Hennepin County, Minnesota. b. "Lot" shall mean Lot 2 and Lot 3, Block 1, Zachary Woods as shown upon the recorded subdivision plat thereof. Lot 1, Block 1, Zachary Woods is specifically excluded from this Declaration and is not a "Lot" for purposes of this Declaration. c. "Dwelling" shall mean and refer to any house or appurtenant structure constructed upon the property intended for use and occupancy as a residence by a single family. 1 .. . . . d. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot including Contract Purchasers. e. "Developer" shall mean Brent L. Sinn and Pamela K. Sinn, husband and wife as well as their heirs, successors and assigns if such should acquire more than one undeveloped Lot from the Developer for the purpose of development and are designated by Developer as their successor. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property is located in the City of Shorewood, County of Hennepin, State of Minnesota, and legally described as Lots 2 and 3, Block 1, Zachary Woods, inclusive and shall be developed, held, transferred, sold, conveyed, and occupied only subject to this Declaration. ARTICLE ill ARCHITECTURAL CONTROL a. No dome homes, no double wides, and no prefabricated homes shall be permitted on any Lot. No dwelling, building, fence, wall patio, or other structure shall be commenced, placed, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein (including material changes in color, materials or appearance, including planting of bushes and trees) be made, nor shall the grades and earth contours be substantially altered, until: (i) the builder or contractor who will actually perform the work, and (ii) the plans and specifications showing the nature, kind, shape, heights, color, materials, and location of the same, shall have been submitted to and approved in writing by Brent L. Sinn. In the event Brent L. Sinn fails to approve or disapprove the builder or contractor, or any proposed design, materials, height, color or location within thirty (30) days after the identity of the builder or contractor and the plans and specifications have been submitted to him, approval will not be required and this Article will be deemed to have been fully complied with. b. Brent L. Sinn is authorized to execute certificates of approval, notice of disapproval and similar instruments effectuating decisions of Brent L. Sinn. 2 . c. At least thirty (30) days before construction is commenced, the Owner shall submit to Brent L. Sinn two (2) complete sets of plans and specifications (including, without limitation, full site plans, and a complete description of exterior colors and materials), along with the name of the builder or contractor who will actually perform the proposed work, in care of Brent L. Sinn at 6035 Galpin Lake Road, Shorewood, MN 55331 or such other address as Brent L. Sinn may specify from time to time. d. Within thirty (30) days of receipt of plans and specifications and the name of the builder or contractor, Brent L. Sinn shall approve or disapprove them in writing. Brent L. Sinn may disapprove a builder or contractor if Brent L. Sinn determines, in his sole discretion, that such builder or contractor does not meet Brent L. Sinn's standards of credit worthiness andj or does not build homes or improvements of the same quality and in the same price range as previously approved by Brent L. Sinn. Brent L. Sinn may disapprove plans and specifications only for one or more of the following reasons: (1) Noncompliance with this Declaration; (2) Failure of a dwelling to be of a size, color, location or size compatible with, or failure of a Dwelling to be of the same general size, quality of construction and price range as the Dwellings previously approved by Brent L. Sinn; . (3) Failure of a Dwelling, fence or other material improvement to be placed and oriented on its Lot in a manner compatible with the dwellings built or to be built upon adjoining Lots and in a manner compatible with the terrain of the Lot; (4) Failure of a fence or other improvement to be compatible with improvements on adjoining Lots, and the character of the subdivision as a whole, in terms of height, location, design, materials andj or obstruction of view; (5) Failure of the plans and specifications to show, in the sole discretion of Brent L. Sinn, all information necessary to evaluate the foregoing characteristics. Brent L. Sinn's determination shall be conclusive. H Brent L. Sinn disapproves the builder or contractor, or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. e. H construction of a Dwelling, fence or other improvement is commenced without approval by Brent L. Sinn or the builder or contractor, andjor the plans and specifications, or if the construction of a Dwelling, fence or other improvement is not completed in accordance with approved plans and specifications, Brent L. Sinn or any Owner may bring an action to enjoin further construction and to compel the nonconforming Owner to conform the Dwelling, fence or other improvement with plans and specifications approved by Brent L. Sinn, provided that such action shall be . 3 . . . commenced and a notice of lis pendens shall be filed no later than ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority in the case of a Dwelling, or the date of completion, in the case of a fence or other improvement. f. Brent L. Sinn shall retain for a reasonable period all plans and specifications submitted to it and a record of all actions taken with regard to them. g. In the event that Brent L. Sinn fails to discharge his obligations under this Article III, then any owner of Lot 2 or 3, Block 1, Zachary Woods may bring an action to compel the discharge of such obligations but under no circumstances shall Brent L. Sinn, the Developer, or any of them, be liable to any person for damages (direct, consequential or otherwise). h. Architectural liability. Brent L. Sinn shall be concerned about the aesthetic characteristics only and does not assert architectural expertise. In the course of his duties, Brent L. Sinn may request certain design modifications in the interest of producing overall lot improvements more complimentary to or compatible with the Zachary Woods community. It is the sole duty and responsibility of the applicant to employ an architect or other person to design the requested modifications in a safe and architecturally sound manner. Each owner of any interest in Lots 2 and 3, Block 1, Zachary Woods, his heirs, successors and assigns, as a condition of his ownership, waives any right to damages which result from architectural designs and changes requested by Brent L. Sinn. Brent L. Sinn shall exercise his best judgment as to the aesthetic characteristics of architectural design and his judgment shall be final. i. Termination of Architectural Control. The foregoing provisions concerning Architectural Control shall expire ninety-one (91) days after the date on which a certificate of occupancy is issued by the appropriate municipal authority for the last Lot on which a house is constructed. ARTICLE IV BUILDING AND USE RESTRICTION: EASEMENTS a. Use. No Lot shall be used except for: 1. Single family residential purposes; 2. Office or similar use as an accessory to the use of the Lot and the Dwelling thereon for residential purposes, subject to all applicable provisions of the Shorewood Zoning Code, so long as such use does not materially affect the other Dwellings in Zachary Woods. 4 . . . 3. Lots or portions of Lots may be used by home builders for temporary offices, and model homes. 4. Single family residential purposes include Dwellings and attached or detached garages, swimming pools, tennis courts, and attendant structures, such as storage sheds, pump houses and cabanas, but does not include "bed and breakfast" operations, hotels, boarding houses, or multi-family residential uses. No Dwelling shall be erected, altered or placed on a Lot or permitted to remain there other than one detached single-family Dwelling not to exceed the height permitted by the City of Shorewood. Each Dwelling shall include a garage with space for at least two (2) cars, but the aggregate garage space shall not exceed space for four (4) cars. 5. A dwelling placed on a Lot shall have at least 1,600 finished square feet and shall have natural siding of either brick, stucco, cedar, or such other siding as may be approved by Brent L. Sinn. All structures constructed or placed on a Lot shall be fully completed on the exterior thereof within nine (9) months after commencement of construction. b. Turnarounds on Lots 2 and 3. The driveways on Lots 2 and 3, Block 1, Zachary Woods shall be constructed so that a vehicle will be able to turn around and exit the Lot onto Galpin Lake Road by driving forward. c. Prohibition of Dama~e and Certain Activities. Nothing shall be done or kept on any Lot or any part thereof, which would be a violation of any statute, rule ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, a Lot or any part thereof or of the Dwelling and/or improvement thereon shall be committed by any Owner or any guest or invitee of any Owner and each Owner shall indemnify and hold the other harmless against all loss resulting from any such damage or waste caused by him or her or his or her guests and invitees, to any Owner. No noxious, destructive or offensive activity shall be allowed on any Lots or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully on the Property or which will increase any other hazard insurance premiums payable by the other Owners for their Dwellings. d. Prohibited Structures. No structure of a temporary character, trailer, tent or shack shall be on the Property except by builders during the period of construction of a Dwelling. e. Stora~e. No more than one of the following items: boat, recreational vehicle, trailer, or inoperable car, shall be stored outside unless screened from view by enclosures approved in accordance with the architectural control provisions in Article ill hereof, provided that outdoor cooking equipment, patio furniture and children's 5 . recreational facilities of a moveable character which are well-maintained and attractive (as determined by Brent L. Sinn) may be kept upon a Lot. The storage or collection of rubbish of any character whatsoever, any material that omits foul or obnoxious odors, the growing of any noxious weed or other natural substance, and the harboring of any source of noise or activity which disturbs the peace, comfort or serenity of Owners, is prohibited. Usual trash and garbage shall be kept in sanitary containers in a neat and clean condition, shall be regularly collected and may be kept outside only if in sanitary containers which are so screened, and approved by Brent L. Sinn. f. .sm No sign of any kind shall be displayed to the public view on any Lot except as permitted by the City of Shorewood. g. Antennae. No television or radio antenna shall be erected or placed upon the Lot or the exterior of a Dwelling without the prior approval of Brent L. Sinn as provided in Article ill hereof. Under no circumstances shall satellite receiving dishes be located other than in the rear yard of any Lot, and any such receiving dish shall be located and screened in accordance with the requirements of Brent L. Sinn. h. Pets. Dogs, cats, and other pets of a customary nature shall be permitted provided that (i) no commercial or hobby breeding operation may be maintained, (ii) all pets are at all times reasonably secured and (iii) all kennels and/or runs are constructed only in conformance with the requirements of Article ill of this Declaration and (iv) they are not allowed to become a nuisance in any way to the neighbors. . i. Gradin~. No change in the grading of any Lot shall be undertaken except in conformance with Article ill hereof. Under no circumstances shall fill or other material be removed from a Lot except as may be reasonably necessary to construct a Dwelling or other improvement to a Lot. j. Sin~le Family Use. Under no circumstances shall any Dwelling or lot be used to house more than a single family, for hotel or other transient purposes, nor shall any Dwelling be used except in conformance with Article IV. Guests may stay in Dwellings for reasonable periods provided that such use does not intensify the use of a Dwelling to a level which is burdensome to other Owners. k. Reservations of Easements. Easements for installation and maintenance of utilities and drainage are reserved as shown on the recorded plat of Zachary Woods. Within these easements, no structural, planting, improvement, or other material shall be placed or permitted to remain (other than a possible driveway along the common boundary between Lots 1 and 2) which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels on the easements. The easement area of each Lot and all improvements in it . 6 shall be maintained continuously by the Owner of the Lot, except for those . improvements for which a public authority or utility company is responsible. 1. Wetland Protection. Developer has or shall cause Developer's surveyor to place survey monuments delineating a 35-foot wetland buffer area on Lots 1, 2 and 3. At minimum, stakes shall be placed on all lot lines where they intersect with the 35-foot wetland buffer. The 35-foot wetland buffer shall be maintained in its natural state. Additionally, a 15 foot setback shall be maintained from the 35 foot wetland buffer. No construction is allowed within said setback and buffer except for driveways to access Lots 1, 2, and 3. m. Wetland on Lot 3. The driveway to be constructed on Lot 3, Block 1, Zachary Woods may not impact more than a total of 400 square feet of wetland located on said Lot. n. Driveway Easement on Lot 1 for benefit of Lot 2. Developer hereby grants and creates an exclusive 20' X 60' driveway easement over part of Lot 1, Block 1, Zachary Woods described as follows: . Commencing at the most Southwesterly comer of said Lot 1, thence northerly along the westerly line of said Lot 1 a distance of 20 feet, thence easterly, parallel with the southerly line of said Lot 1 a distance of 60 feet, thence southerly at right angles to the southerly line of said Lot 1, thence westerly along the southerly line of said Lot 1, to the point of beginning for the benefit of and appurtenant to Lot 2, Block 1, Zachary Woods. This easement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. o. Pendin~ water assessment: Developer hereby discloses to prospective purchasers and lenders that there are pending water assessments which will become payable at the time future water becomes available to the property. The City of Shorewood should be contacted regarding specific amounts and payment dates. ARTICLE V GENERAL PROVISIONS a. Enforcement. Any Owner shall have the right to enforce by any proceeding, at law or in equity, all restrictions, conditions, covenants, and reservations, now or hereafter imposed by the provisions of this Declaration. Failure by the Developer or the Owners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. . 7 . . . b. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, all of which shall remain in full force and effect. c. Duration. The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Developer and/or any Owner of a Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of Thirty (30) years from the date this Declaration is recorded. d. Amendment. This Declaration may be amended by an instrument signed by the Owners of both Lots 2 and 3, Block 1, Zachary Woods. Additionally, this Declaration shall not be amended without the written approval of the Shorewood City Council. IN WITNESS WHEREOF, the undersigned, being the Developer and the Fee Owner herein, have hereunto caused these presents to be executed this ;:&td day of fC<&r,^-~996. A -G~ d~ Brent L. Sinn ;1! '! ;;/1 --:- / /~/j / ...~/ 1 )ill ~ /' r / ' \_- /- ,/ t' L/ ! Pamela K Sinn / ^ /i \ / \ / ,--...../ STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this~rcL day of Fw rUc:LY"Q=- 1996 by Brent L. Sinn and Pamela K. Sinn, husband and wife. .~""i';"""'v;'^~I. ~ I . fHERESA L. NAAB NOTARYPUBllC..- . -;j~ Ny""""''' ..... "'. ". "" . N otaTy Public . . 8 CONSENT OF CITY OF SHOREWOOD . The City of Shorewood consents to the foregoing Declaration. By: . CITY OF SHOREWOOD ~fk- Its Mayor ATTEST STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) . On this;(3 ~ day of F'~VLzCL~ 1996, before me, a Notary Public within and for said County, personally appe d Robert B. Bean and James C. Hurm 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. . THERESA L. NAAB I NOTARY PUBLIC. MINNESOTA My Commission Expires Jan 31, 2000 . ~J No ary Public . THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 . 9