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RESOLUTION NO. 87-84
WHEREAS, the final plat of Robert S.C. Peterson Addition has
been submitted in the manner required for platting of the land under
Shorewood City Ordinances 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 Ordinances of the City of Shorewood.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City
of Shorewood:
approved.
1. That the plat of Robert S.C. Peterson Addition is hereby
2. That the approval is specifically conditioned upon the terms
and conditions as contained in a Development Agreement between the Developer
and the City. The Development Agreement is attached hereto as Attachment 1.
3. That the Mayor and City Clerk are hereby authorized to execute
Certificate of Approval 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 such execution of the Certificate upon
said plat by the Mayor and City Clerk shall be conclusive showing a proper
compliance therewith by the subdivider, City officials and shall entitle such
plat to be placed of record forthwith without further formality all in comp-
liance with Minnesota Statutes and Ordinances of the city.
Dated this 10th day of December 1984.
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DEVELOPMENT AGREEMENT
ROBERT S. C. PETERSON ADDITION
THIS AGREEMENT made and entered into this 10th day of
December, 1984, by and between the City of Shorewood, a Minnesota
municipal corporation, hereinafter referred to as "City," and Robert
S. C. Peterson, hereinafter referred to as "Peterson."
WHEREAS, Peterson is the owner of certain land described in
the attached Exhibit A; and
WHEREAS, Peterson proposes to plat and develop said
property by means of a planned unit development for single family
homes; and
WHEREAS, Peterson has heretofore filed his application for
a planned unit development and approval of a preliminary plat. Said
approval was granted by the City Council on May 14, 1984; and
WHEREAS, Development Agreement was required pursuant to
Shorewood ordinances.
4It NOW, THEREFORE, in consideration of a mutual covenants and
guarantees contained herein, the parties hereto agree as follows:
1. That the final plan of Robert S. C. Peterson Addition
has heretofore been approved by the City Council pursuant to the
terms and conditions as contained hereinafter. Peterson shall file
the final plat in accordance with and in conformance to the approved
final plan on or before December 31, 1985, or shall before that date
request up to a maximum of one year extension from the City Council
for filing of said final plat.
2. That all improvements and structures to be constructed
on the subject property shall be done in compliance with all laws,
ordinances, regulations and standards of the State of Minnesota, City
of Shorewood, the Minnehaha Creek Watershed District and Federal laws
as may be applicable, except as hereinafter specifically modified,
which compliance shall be reviewed by the City Administrator or his
agents so as to determine that they are, in fact, in accordance with
said regulations herein referred to.
3. That Peterson has furnished to the City, title opinions
addressed to the City issued by the attorney for Peterson, which
opinion does guarantee that Robert S. C. Peterson is the fee owner
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of half of the property and Ransom M. Bliven is the fee owner of the
additional property. Peterson agrees that in the event that
Peterson's ownership in the property should change in any fashion
prior to the completion of the platting process and all requirements
of this agreement, he shall forthwith notify the City of such change
in address. Further, Peterson undertakes to correct and resolve all
title problems as noted in the title opinion to the City of
Shorewood, dated November 7, 1984, on the Bliven portion of the
property, as noted in paragraphs 1, 2, and 4.
4. That the final plat as approved by the City Council is
attached hereto as Exhibit B.
5. That it is the contemplation of the parties that Outlot
A, Robert S. C. Peterson Addition, shall be a private road to be
constructed by Peterson and maintained by Peterson and/or the
appropriate homeowners association. It is understood by Peterson
that the City will not consider taking over said private road until
said road conforms in all respects to the minimum standards
established for public roads within the City, as determined by the
City engineer. Said private road will be constructed in accordance
with the plans and speclfications prepared by McCombs-Knutson
Associates, Inc., dated 1 November 1984.
6. That the parties agree that it is contemplated by
Peterson that Lot 5 of Robert S. C. Peterson Addition may be
re-divided in the future. Peterson has submitted to the City and
attached hereto as Exhibit C, a resubdivision sketch of said lot to
be used to guide the City for any future subdivision of the property.
It is, however, specifically understood by the parties that the
re-subdivision sketch is not a preliminary plat and is considered by
the parties as a future guideline only.
7. That Outlot B is to be maintained by Peterson or his
successors in interest, including the appropriate homeowners
association, as open, undeveloped space. No development on said
property shall occur without the written consent of the City of
Shorewood, other than those items as set forth in Article 2.6 of the
Declaration of Covenants, Conditions and Restrictions on said
property.
8. The City has previously granted and herewith
reconfirms a variance to the setback requirements of the City
allowing for the setback from the private street for the construction
of homes within said plat to be no closer than thirty-five (35) feet
to Outlot A. All setbacks on the property are as shown on Exhibit D.
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8xcept as modified herein, all lots, structures and improvements
within the P.U.D. shall comply with the requirements of the R-1A
zon1ng district.
9. That the sanitary sewer and storm sewer facility
servicing said project shall be constructed at Peterson's cost and
expense and shall be const~ucted in conformance with the plans and
specifications as approved by the City Engineer. Any of said sewe~
const~uction shall be privately owned by Peterson o~ his successors
in interest, including the appropriate homeowne~s association, and
shall be solely maintained by the same. Peterson shall grant City an
easement to repair said sewer lines in the event the appropriate
party does not do so. Said easement shall contain provisions
allowing the City to assess the cost of said repair to the benefited
homeowners.
10. The Developer shall pay as and fo~ required park
contribution in the sum of $500.00 per lot for a total of $2,000.
Further division of Lot 5 will require the payment of an additional
park fund fee in an amount due, as established by Ordinance at that
time.
11. There has been previously assessed against the property
ce~tain sewer and utility assessments. In accordance with Shorewood
Ordinances providing for the equalization of sanitary sewer and
utilities, Peterson owes the City of Shorewood $1,200.00, plus 7%
interest from 1973, as and for said equalization charge, which charge
shall be spread equally over Lots 1 through 4 for the remaining
period of the sewer bond at the time said final plat is approved.
12. That Peterson has provided copies of the Covenants,
Easements, Restrictions and other documents ~elating to the project
which have been and hereby are approved by the City Attorney and City
Council, attached hereto as Exhibit E.
13. Upon completion of the work, Peterson shall have his
engineer provide the City with a full set of as-built mylar
reproducible plans for the City records. These plans shall include
the location and ties of all sanitary sewer and location of
man-holes.
14. The City, its agents and employees shall not be
personally liable or responsible in any manner to Peterson,
Peterson's contractors or sub-contractors, material men, labore~s or
to any other persons, firms or co~porations whomsoever, for any debt,
claim, damage, damages, actions or cause of actions of any kind or
character arising out of or by reason of this agreement or the per-
formance of the work and improvements hereunder. Except with respect
to the acts or admissions of the City's agents, employees, o~
~epresentatives, Pete~son shall save the City, its agents, and
employees harmless from any and all claims, damages, demands, actions
or causes of actions arising therefrom, and the costs, disbursements
and expenses of defending the same.
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15. For the purposes of assuring the City that the
improvements will be completed according to this Agreement and that
Peterson will pay for all claims for work done and for materials and
supplies furnished, Peterson shall supply to the City at the time of
the execution of this Agreement a Corporate Surety Bond in the amount
of at least 150% of the estimated cost of the construction of all
improvements, naming the City as an Obligee thereunder. The Bond
shall be conditioned upon the performance by Peterson of his
obligations hereunder. In lieu of a bond hereunder required or at
the request of the City, Peterson may deposit with the City cash,
certified bonds, or an irrevocable letter of credit in a form
satisfactory to the City in the same amount as provided hereinabove.
The City may authorize reduction in the amount of such bond, letter
of credit or deposit as the completion of the improvement progresses,
based upon the recommendation of the City Attorney.
16. Peterson shall re-imburse the City for all costs
incurred by the City, including that of its consulting engineers,
attorneys, planners and administrative expenses incurred by the City
in connection with all matters relating to the preparation,
administration and enforcement of this Agreement and the performance
thereof by Peterson and all other matters relating to the planned
unit development plan. Peterson shall be entitled to receive as
credit against those expenses all fees heretofore paid the City under
and pursuant to zoning and subdivision ordinances of the City.
17.
Agreement are
All of said costs at the time of execution of this
in the amount of $ 1879.48.
18. In the event that Peterson shall default in the
performance of any of the covenants and agreements herein contained,
and such default shall not have been cured within forty-five (45)
days after receipt by Peterson of written notice thereof, the City,
if it so elects, may cause any of the required improvements to be
constructed and installed, and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative
expenses incurred by the City to be paid by assessment against the
property contained in said project; or in lieu thereof, the City may
take legal action against Peterson to collect all the costs of the
making of any of said improvements. In the event of an emergency, as
determined by the City Engineer, the notice requirements to Peterson
shall be and hereby are waived in their entirety, and Peterson shall
reimburse the City for any expense incurred by the City in remedying
the conditions creating the emergency.
19. Peterson shall, at his own expense, shall provide
temporary dams, earthwork or such other devices and practices
including seeding or grading of areas as shall be needed in the
judgment of the City Engineer and the engineer for the Minnehaha
Creek Watershed District to prevent the flooding, sedimentation and
erosion of lands and roads within and outside the ~lat during all
phases of construction, including construction on 1ndividual lots.
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20. The address for Peterson for purposes of this
Development Agreement is:
5474 Covington Road
Shorewood, MN 55331
The address for the City of Shorewood for purposes of
this Development Agreement is:
5755 Country Club Road
Shorewood, MN 55331
Attn: Dan Vogt
and
Orr-Schelen-Mayeron & Associates, Inc.
2021 East Hennepin Avenue
Minneapolis, MN 55413
Attn: Jim Norton
21. It is agreed by and between the parties hereto that the
agreement herein contained shall be binding upon and inure to the
benefit of their respective legal representatives, successors and
assigns. In the event any provision of this agreement shall be held
invalid, illegal or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof and the remaining provisions
shall not in any way be affected or impaired thereby.
22. This agreement may be simultaneously executed in
several counterparts, each of which will be an original and all of
which shall constitute, but be one and the same instrument.
23. This agreement shall be construed in accordance with
the laws of the State of Minnesota.
24. Signs for the purpose of advertising this project may
be erected in accordance with the Shorewood sign ordinance or with
Peterson's sign plan only after submission to and approval by the
Shorewood City Council.
CITY OF SHOREWOOD
ROBERT S. C. PETERSON
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~~~.# -""'.. ,.., ..4'.....
~...... SANDRA L. KENNELLY
~:: NOT^~Y i'U~lIC - MINNESOTA
..., HENNEPIN COUNTY
My cornrni'::- n "Y. i""j Aug. 22. 1986
.....<.~ ,,,~. .;,.....-...-....
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That part of Government Lot 3, Section 36, Township 117, Range 23 described as
follows:
Commencing at the northwest corner of said Government Lot 3; thence on an
assumed bearing of North 88 degrees 44 minutes 00 seconds East, along the
north line of said Government Lot 3 a distance of 291.70 feet to the point
of beginning; thence continue North 88 degrees 44 minutes 00 seconds East
50.00 feet to the intersection with the center line of Covington Road;
thence South 55 degrees 21 minutes 40 seconds East along the center line of
said Covington Road a distance of 210.00 feet; thence south 32 degrees 48
minutes 00 seconds West 128.61 feet; thence south 31 degrees 15 minutes 00
seconds East 163.00 feet; thence South 19 degrees 30 minutes 00 seconds East
184.00 feet; thence South 01 degrees 00 minutes 00 seconds East 501.70 feet;
thence South 42 degrees 30 minutes 00 secondS West to the shore of Christmas
Lake; thence northwesterly along the shore of Christmas Lake to the
intersection of a line drawn on a bearing of South from the point of
beginning, said line being parallel with the west line of said Government
Lot 3; thence northerly along last described line to the point of
beginning.
Which lies northerly of a line described as commencing at the northwest
corner of the above described tract of land, said northwest corner being a
point in the north line of said Government Lot 3 distant 291.7 feet East
from the northwest corner of said Government Lot 3; thence South parallel
with the West line of said Government Lot 3 a distance of 560.34 feet to the
point of beginning of the line to be described; thence deflecting to the
left 69 degrees, 24 minutes from the prolongation of the last described line
a distance of 112.66 feet; thence deflecting to the right 59 degrees, 43
minutes and 30 seconds from the prolongation of the last described line a
distance of 48.05 feet; thence deflecting to the left 69 degrees, 09 minutes
20 seconds from the prolongation of the last described line to the
intersection with the East line of the above described tract, and said line
there terminating. The last described course in the above described line
shall be hereinafter referred to as "Line X".
Except that part of the first above described tract described as beginning
at the intersection of the East line of said first above described tract
with the aforementioned "Line X"; thence westerly along said "Line X" to the
intersection with a line 100 feet west of, measured at right angles to and
parallel with the east line of said first above described tract; thence
north along said parallel line a distance of 100 feet; thence east at a
right angle a distance of 50 feet; thence northerly, northwesterly and
northeasterly along a line 50 feet westerly of, measured at right angles to,
and parallel with the easterly line of said first above described tract to
the intersection with the most northeasterly line of said first above
described tract; thence southeasterly along said most northeasterly line to
the intersection with the easterly line of said first above described tract;
thence southwesterly, southeasterly and southerly along said easterly line
to the point of beginning.
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That part of Government Lot 3, Section 36, Township 117, Range 23 described as
follows:
Conwnencing at the northwest corner of said Government Lot 3; thence on an
assumed bearing of North 88 degrees 44 minutes 00 seconds East, along the
north line of said Government Lot 3 a distance of 291.70 feet to the point
of beginning; thence continue North 88 degrees 44 minutes 00 seconds East
50.00 feet to toe intersection with the center line of Covington Road;
thence South 55 degrees 21 minutes 40 seconds East along the center line of
said Covington Road a distance of 210.00 feet; thence south 32 degrees 48
minutes 00 seconds West 128.61 feet; thence south 31 degrees 15 minutes 00
seconds East 163.00 teet; thence South 19 degrees 30 minutes 00 seconds East
184.00 feet; thence South 01 degrees 00 minutes 00 seconds East 501.70 feet;
thence South 42 degrees 30 minutes 00 seconds west to the shore of Christmas
Lake; thence northwesterly along the shore of Christmas Lake to the
intersection of a line drawn on a bearing of South from the point of
beginning, said line being parallel with the west line of said Government
Lot 3; thence northerly along last described line to the point of
begiming.
Which lies southerly of a line described as conwnencing at the northwest
corner of the above described tract of land, said northwest corner being a
point in the north line of said Government Lot 3 distant 291.7 feet East
from the Northwest corner of said Government Lot 3; thence south parallel
with the west line of said Government Lot 3 a distance of 560.34 feet to the
point of beginning of the line to be described; thence deflecting to the
left 69 degrees, 24 minutes from the prolongation of the last described line
a distance of 112.66 feet; thence deflecting to the right 59 degrees, 43
minutes and 30 seconds from the prolongation of the last described line a
distance of 48.05 feet; thence deflecting to the left 69 degrees, 09 minutes
and 20, seconds from the prolongation of the last described line to the
intersection with the East line of the above described tract, and said line
there terminating. The last described course in the above described line
shall be hereinafter referred to as "Line X". ALSO
That part of the first above described tract described as beginning at the
intersection of the east line of said first above described tract with the
aforementioned "Line X"; thence westerly along said "Line X" to the
intersection with a line 100 feet west of, measured at right angles to and
parallel with the east line of said first above described tract; thence
north along said parallel line a distance of 100 feet; thence east at a
right angle a distance of 50 feet; thence northerly, northwesterly ana
northeasterly along a line 50 feet westerly of, measured at right angles to,
and parallel with the easterly line of said first above described tract to
the intersection with the most northeasterly line of said first above
described tract; thence southeasterly along said most northeasterly line to
the intersection with the easterly line of said first above described tract;
thence southwesterly, southeasterly and southerly along said easterly line
to the point of beginning.
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ROBERT
IOIlII ALL I€H B't llESE PRESENTS. That RIWlSOll M. BUy.... on ....rried wi_,
tee owner. ond _rt S.C. Platerson onO Clalr. L. Plat.rson. husbond onO wif..
CXJntroct purchasers. at tile tollowing described property situated in the Coulty
at HllnnOPin. State at MinneSOta to wit.
That part at Gov.....t Lot '. section ". Township 117. Range 2l described as
tallows.
C.-.cing at tile northwest corner at .aid GoverN81t Lot '; thence on on
........ bearing at North 88 dogree. .. lIinJt.s 00 seconds East. along tho
north line of said Gover~t Lot , a distance at 291.70 teet to tile point
at beginning; thence CXJntiRJa North 88 dogr..s 44 ..inut.s 00 SecondS East
50.00 teet to tho intersection .ith tile c...ter Une at COYington Road;
thence SOUth 55 degrees 21 lIinJtas 40 seconds East along the center line at
said Covington Road a distanc. at 210.00 teet; thence south '2 dogrees 48
lIinJt.s 00 _ west 128.61 teet; thence south '1 dogrees 15 lI!nJt.. 00
secondI East 163.00 teet; thenca SOUth 111 degreu Xl ainutos 00 seconas East
184.00 teet, thence SOUth 01 aegrees 00 ..inut.. 00 seconds East 501.70 teet;
thence SOUth 42 dogreea Xlllinut... 00 soconda west to the shore at Chri._
Lak.; thence northwest.rly along the shore at Ch1'istaas Laka to the
int.rsacUon of a Una dr_ on . boaring 0' SOUth r_ tho point 0'
begiming, aa1d lina being par.llal with the west Una 0' Hid Gov.~t
Lot " thence northerly along last described Una to the point 0'
beQ1nning.
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....iell 11ea northerly 0' . 11na described as c.-.cing at the northwest
corner 0' tho above deSCribed trect 0' lonO, s.id northwest corner being .
point in the north line of said Gov.r~t Lot' distont 291.7 'eet East
trOll the northwest corner of said Gover~t Lot " thence SOUth parall.l
.ith the Ilest Una 0' said Gov.r~t Lot' . distanc. 0' 560.34 'eet to) the
point 0' beginning of tile lina to be deSCribed; thence deflecting to the
1.rt (fJ degrees, 24 lIinJtos ,_ tile prolongation 0' tile last described lina
a distance of 112.66 'eet; thence deflecting to tile right 5ll dogr.... .,
..inutes _ Xl .oconda f_ tile prolongation 0' tile last described line .
distance of 48.05 feet; thence deflecting to tile 1.ft 6ll degrees. Oll ..inutlS
20 secondS frDII tile prolongation 0' the last described Una to the
int.rsecUon with the East lina of the above deSCribed trect, _ said lina
there t.rainating. The 1eat described coursa in the abOv. described line
lhall be her.inaft.r r.t.rred to as "Line X'.
ElCCept thet part of the tiut abOv. dascribed trect delCdbed as beginning
at tho int.rsection 0' the East lina 0' .aid tiut above delCr1bad tract
.ith tho .'or8IIOntioned "Line X'; thence westerly along s.id "Line X' to the
intersection .ith . line 100 t..t "",st 0'. lIOasured .t right anglas to _
parallel lr1th tile ..st Uno 0' said tirst above described trect, thence
north along said par.ll.l lina . dist'""'" 0' 100 teet; thence aut .t .
right ang1. . di.tance of 50 'eet; thence northerly. northwesterly _
nortllea.terly along . 1ina 50 teet ..ster1y 0'. lIOasured .t right ongl.. to,
and par.11el .ith tile auter ly Una 0' said tiut abova delCribed tract to
tho int.rsection with the _t northe.st.rly Uno 0' said tiut -
deSCribed tract; thence southeasterly along .aid ao.t northeasterly Una to
tile intersection .ith the east.rly line 0' said tirst above deSCr1bad trect;
thence southwesterly. southea.terly _ southerly along .ald auter1y line
to tho point of beQ1nning.
And thot Robert So C. Platerson _ Cl.ir. L. Platerson. huabond _ .if., ,..
owners _ Robert S.C. Plateraon Protit Sharing P10n _ TTult. aortgagao 0' tho
tollowing delCribed property situated in tho Coulty 0' Hamep1n, St.ta 0'
M1meaota to wit.
That part 0' Gov.....t Lot " section ", TownIhlp 117, Range 2l ooacribed as
tallow..
C.-.cing .t tho northwest corner 0' .aid Gov.r.....t Lot " thence on ...
......., bearing 0' North 88 dogr.es 44 ..inutes 00 saconda East, .1ong tho
north Una of said Gov.~t Lot' . distance 0' 291.70 'eet to tho point
0' beginning; thence continue North 88 dogrees .. lIinJt.. 00 saconcIa East
50.00 'eet to t/:1tI intersection with tho center Una 0' Covington Road,
thence SOUth 55 dogreu 21 ..inutes 40 secondO East along the center 1ina 0'
said Covington Road . di.tance 0' 210.00 teet; thence south l2 dogree8 48
..inut.. 00 seconds we.t 128.61 ,..t, thence south '1 degr... 15 ..inutea 00
secondI East 163.00 feet, thence SOUth 111 dIIgre8S Xl lIinJtes 00 secondI East
184.00 'eet; thence SOUth 01 degrees 00 ..inutes 00 saconda East SOl.70 'eet;
thence SOUth 42 degrees Xl ..lnute. 00 secondI ...t to the shore 0' CIlris_
Lak., thence northwesterly along the shore 0' Ch1'istaa. Laka to the
intersection 0' . line dr_ on . bearing 0' SOUth ,_ the point 0'
beQ1nning, said line being par.llel .ith the west lina 0' said Gov......t
Lot '; thence northerly along last described 1ina to tho point 0'
begiming.
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C.R. DOC. NO.
c
PETERSON
ADDITION
....1dl 11.. aoutharly 0' . lina deaCr1bad 01 -'Cing .t the norl:'-t
corner of the above doser ibed tract of 1_. ..id northwa.t comar being .
point in the north Una of lllid Gov......t Lot' diatont 291.7 ,..t EOIt
'rOIl tile Northwest corner 0' ..id Gova~t Lot '; thane. aouth par.ll.1
.ith tho wast Una 0' ..id Gover.-.t Lot , . dhtanca of 560.34 f..t to the
point of beginning of the lina to be ooacr iba<l; thenCa deflacting to the
left (fJ degrees. 24 ..inute. t_ the prolongation at the la.t deocribed 1ina
e distance af 112.66 ,..t; thence deflacting to the right 511 dogr.... .,
Minutes _ Xl saconcIa tl'l!lO the prolongation 0' tile last described 11na .
distance of 48.05 teet; thonca daflacting to the 1.ft 611 dogr.... Oil ..inutea
and 20 seconoo f_ tho prolongation 0' the la.t described Una to tha
intersection .ith tho E..t 1ina 0' the above ooacribed tract, _ ..id line
there terllinating. The last described course in tile above ooscribed line
Shall be hereina,ter reterred to .. "Lina X'. IILSO
8 DlHISI L. POWlLL
lOT""" ....1: ' IIIMf1lIII
~'NN(ptN lX)UNn
H .r~~.~-A~~~.
I hereby certify th.t 1 haye suryeyed _ platted the property described on this
p1.t .. lUIERT 5 C PETERSlJoI AlIlITlCll; that this pl.t is . correct ropr.....tation
of .aid survey; th.t all distances are correctly _ in teet _ hu>draCltha of
. foot; thet all ~ts haYe been correctly p1eced in the ground .. -;
th.t the autlide b<luldary linea are correctl y designated _ th... there are no
weUonda to be _ignated on said p1.t. .
~~Minn. Lie. No. WillS
That part of tile first ab<1Y. delCr1bad trect described as bog1ming .t the
intersection of the east Uno at .aid t1rst above deSCr 1bed tract with the
.for_tioned "Lina X'I then:e west.rly along said "line X' to the
int.rsection with . 1ina 100 t..t "",st of. lIOUUl'ed at right ongl.. to _
parallel with tile .ast line 0' .aid fint _ described trectl thenCa
north along said par.llal lina . di.tanca of 100 f..t; tIlenca ...t at .
right ongl. . distance of 50 teet; thonC8 northerly, northwesterly _
northeast.rly along a lincl 50 t..t wa.t.rly of. _asured .t right ...gl.. to.
and parall.1 with tho e..terly Una of .aia tirst above described tract to
tha int.rsection .ith the lIlO.t northaa.tarly Una of ..id 'int above
daacribed troct, thane. ..",th...tarly along aaid _t north...tarly lina to
the intersection .ith the ...tar1I 11n. 0' .aid fint alloY. dalCriba<l tract I
thence SOJthWUterly, .ourn...tar Y _ aoutharly along .aia .astar1y line
to tho point of beginning.
STATE rE MIttESOTA
Cll.MY rE tElf€PIN
Tho foragd1ng Surveyor" Carti fic.te ..s .Cknow1edged b.tor. - thll L,.(,.y
of J..lt 191[ by Peul A. JaMson, L_ Surv'yOr.
~ a )jJfcj;i
tt3 y ~:LIC. ~1n . fit so
My COIIIIission ElCPi'..s . I ~u;: 1 ~
_. ceuaed the _ to b. aurvayacl _ pl.tted as ROBERT 5 C PETERlDl AOllITllJrI
_ dO hereby donate _ dedicata to the pUlUC tor plblic uaa 'or...r tho
Highway _ dO hereby gUilt to the City 0' SI1orowood the drainage _ utility
.........ta .. _ on the pl.t.
._j. . WO"'S .. McGINTY
.. I' 1&)1.." I'''UIUC _ M*,Il"hl.llA
\ ~ MfNNlPtN CQUNT'I'
~ ..c.-.-,........ 1'. t_
!KIlElOlO, MIttESOTA
In .i_ wha{ao,...id R M. 11yen. an .......ried .i_, Ilea har...,to ..t
hll hond thi~day or . Illff _ ..id Robert S. C. Pot.rson
_ ~.iJ8 L. Jlitirson . ., haY-.n.r...,to set their hondo
thh.:J.W day of .~: , Illh. _ Robert S.C. Poterlon Protit Sharing
Plan "iii3"'Truat.h,,~ t,l)a".Jlrtsonta to be I1gnad by Robart S.C. Potarlon,
Truataa. thh~ day at' ~ . 1114!-
5IGIED.
Thi. plat at FUlERT S C PETEflStIj AlIlITlCll was approved _ accepted by the City
~~the Cit~af SI1orowood, Minnesota. .t . r.~lar _ting thereof held
thi.. y of '_~ . llla... If .pplicab1.. the .ritten ~tI _
r tiona 0 CooIIiuionorO'P Tranaportation and tho COU'lty Highw.y
Engtnaar haY. b.... receiYed by tile City or tho prelCrlbed Xl day parlod h..
alapsed without receipt 0' sLoCh ~ts and recooaonaationa. .. provided by
M1m. statutes. 5tJction 505.03. 5<bd. 2.
~~~
~
By.
By: rdb~a~
~ S C Poterscr.
. Mayor
. Cl.rI<
Iy. CP'::'- / Vi,J,........,....
Cl.ire L. Plat.rson
lUIERT 5.!:. PETEflStIj PRlf'IT SHARIPC: PLAN PHi TIlUST
By.~LS.~
PflRRTY TAlCATlCll OEPAIlTIoENT. 1oEt.eIN ClUlTY. MlN€SOTA
I hereby cerUfy thet ta'" payable in _ prior yaan heY. -
paid for land described on thh p1.t. OOted thll _ day Of
lll_.
.- T. HlFPE. QIFa:TOR
By.
Tax Clerk
STATE rE MIttESOTA
Cll.MY rE IElHPlM
The ~t......t ... aCknclw1edgad b.rora _ thh W day
of Jf.. , lll~.. by ..... M. Bib.... ... ......iilr"i;l_r.
No~~t?C. U~ (mita
My COIIIIisalon [""ires .J.
SIJlVEY 01YISlCll. HemePin COU'lty. Minnaaote
~t to Chapt.r 810. MinneSOta Laws of l\16ll. thll p1.t hat been --
thh _ dey at , Ill_.
ROBERT L. 1lAI<I<A. Cl1HTY SlRtOOR
9 01_"_
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STATE rE MlII€smA
Cll.MY rE tEHEPIN
za~ ina~l ... aCknclwledged b.rora - th1..J,d day
of .J1fJr . lll~, by Robert S.C. Poterson and Cl.Tiii.. Pot.rlon,
wH..
~)~~
No. c. HIr'nep Y. MJ.meSOc.
My COIIIIission Expires ~ f /qQ!
Cll.MY IlEllJlOER. HllnnOPin Coulty. M1meaote
I hereby certify th.t tho within pl.t 0' ROBERT 5 C PETERSOl AOllITIlJrI waa tiled
for record in thll oftica this _ day of , lll_. .t_
o'clock _.M.
R. OAH CAfl.SlN. ClUlTY Fa:lRlER
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..fIHirtIPtN COUN1'Y
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By,
D$Uty
McCOMBS - KNUTSON
ENGINEERS AND
ASSOCIATES, INC.
S UIIVEYOIIS
SHEET I OF 2 SHEETS
.
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ROBERT
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NO. BEARING CHQRO DELTA RAe IUS LENGTH NO. BEARING DISTANCE
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C2 NOI'II' 06'W 25.00 21'S7' IS' 50.00 29.27 T2 513'40' 94'W 43.10
C3 N39'1I' 47'E 91.76 82'20' 21' 50.00 54.40 n N89'OO' OO'E 20.00
C4 910'14' 51'E 11.70 111'JO' 02- 50.00 140.14 T4 919'29' 51'E 50.00
T$ 501'00' 00' E 50.00
McCOMBS - KNUTSON ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
C.R. DOC.NO,
ADDITION
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EL.EVATION IS 141.00 'EET IN." V. 0.-,'291
ELEVAT ION 0' CHRISTMAS LAIlE'
TOP (lICE ON JANUARY SRD, .814 -'U.5"T.
THE HIGHEST WATER ELEVATION 0' CHRISTMAS LAIlE
IS UNKNOWN ACCOROING TO RECORD' Of THE OEPARTMENT
0' NATURAL. RESOURCES, STATE Of' MIIINEIOTA.
~~f'~-lt e,-z
SHEET 2 OF 2 SHEETS
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.
C,R, DOC. NO.
ROBERT
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PETERSON
ADDITION
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II.IVATlONI, 14100 FEET IN.G.V.D.-llnl
NO. BEARING CHORD OEL TA RAe I US LENGTH NO. BEAR I N8 01 SToIUIC(
CI 1155'53' 53"W 57.50 70.12" IS- 50.00 61.n TI NeI'44' OO"E 50.00
C2 NOI'It' 06'. 25.00 21'57' II' 50.00 25.27 T2 513'40' 54'W 43.10
C3 1139'It' 47' E 51.71 .a'2O.21- 50.00 54.40 T3 Nil '00' OO'E 20.00
C4 510'14' 5'"E 11.70 111'30' 02' 50.00 140.14 T4 SII'29' 51'1 30.00
T5 501'00' OO'I! 50.00
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SCALE IN FEET
EL!VATIOII 0' CHRISTIIIAS LAlli'
TO~ 01' ICI 011 ~ANUARY 3RD. 1114 -13I.1I'T.
. DENOTE' IRON MONUMENT
IEARING. 'HOWN ARI! A5SUMEO
'HI HIGHEST WATER ELEVATION 0' CHRISTMAS LAIlE
IS UNIlNOWN ACCORDING TO RECOlIDI 0' THE DEPARTIIIENT
0' NATURAL RESOuRCES. STATE 01' MINNESOTA.
~.L.'" PER TORRENCE CASE NO. 16203
.
Mc COMBS - KNUTSON
ENGINEERS AND
ASSOCIATES, INC.
SURVEYOR'
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(,
SHEET 2 OF 2 SHEETS
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ROBERT
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PETERSON
ADDITION
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NO. 8E.&1llNlO CHORD OELTA RAe IUS L..ENlOllf NO. 8fMIIIlI OISTAM:(
CI N55'53' 53'. 57.SO 70'.2' 15- SO. 00 61.n TI Nil' 44' OO'! 50.00
C2 NOI'II' 06'. 25.00 as'S7' .S. 5D.00 25.27 T2 583'40' 54'. 4'. III
C' N31'11' 47"1 51. 71 .a'2O' 29- SO.OO 54.40 n NlI'OO' OO'I! 20.00
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SCALE IN FEET
11.IVATlON 0' CHRISTIIAS LAlli'
TO~ Of ICE 011 ~NUARY 'RD. 1114 -'II.1.,T.
. OENOTI!' IIION MONUMENT
IEAIIINII '"OWN Alii ASSUMlD
THI HIGHEST WATER ELEIIATION 0' CHRIITIl.AS LAllI
IS UNKNOWN ACCOADING TO RECOlIDI 0. THE DEPARTIIIENT
0' NATURAL RESOURCES, STAll 0. IIIINNESOTA.
Note: Required setbacks shown shaded, In
addition, no detached accessory buildings shall
be built and no recreation vehicles or equip-
ment shall be stored within 50 feet of the
west property line,
~.L.'" PER TOIIRENCI CASE NQ 1e20S
Me COMBS - KNUTSON
I!NGINE(III AND
ASSOCIATES. INC,
1 U"VIYOIII
uh., b4,t
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SHEET 2 OF 2 SHEETS
."
.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
LAKE AND WOOD HOMEOWNERS ASSOCIATION
THIS DECLARATION, made on this day of ,
1985, by Robert S. C. Peterson (hereinafter referred to as the "Devel-
oper") and Claire L. Peterson, husband and wife, and Ransom M. Bliven,
single (all of whom are hereinafter referred to as the "Declarants");
WITNESSETH THAT:
WHEREAS, Declarants are the owners of the real property described
on Exhibit A attached hereto and by this reference incorporated herein
for all purposes (hereinafter referred to as the "Property") and
Developer desires to create thereon a residential community for the
pleasure, recreation and general benefit of the residents of said
community; and,
WHEREAS ,'O'etlarants desire to provide for the preservation,Q.f the
values and amenities in said community and to this end desire to
subject the Property to the covenants, restrictions, easements,
charges and lie~s hereinafter set forth, each and all of which is and
are for the beriefit of the Property and each owner thereof; andr
.
WHEREAS, Declarants have deemed it desirable for the pleasure and
recreation of said community and for the efficient preservation of the
values and amenities in said community to create an agency to receive
the power to attend to and effectuate policies and programs that will
enhance the pleasure and value of said community, and maintain,
administer and enforce the covenants and restrictions and collect and
disburse the assessments and ch~rges hereinafter created; and,
WHEREAS, Declarants have incorporated, under the laws of the
State of Hinnesota, Lake and Wood Homeowners Association for the
purpose of exercising the functions as a~oresaid;
NOW, THEREFORE, in consideration of the premises, the Declarants
hereby declare that the Property is, and shall be held, transferred,
sold, conveyed and occupied subject to the conditions, restrictions,
easeme~ts, charges and liens hereinafter set forth, which covenants
and restrictions 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 be~efit of each owner thereof.
.
.,
~h\ tilt
e
ARTICLE I
.
Definitions
1. Definitions. The following words, when used in this Decla-
ration, shall have the following meanings:
1.1 "Association" shall mean and refer to Lake and Wood
Homeowners Association, a non-profit corporation organized and
existing under the laws of the State of Minnesota, its successors
and assigns.
1.2 "Conunon Area" shnll mean and refer to the Roadway
Conunon Area and the Open Space Conunon Area. The terms "Roadway
Conunon Area" and "Open Space Conunon Area" shall have the follow-
ing meanings:
a. "Roadway Cornmon Area" shall mean and refer to the
real property described on Exhibit B-1 attached hereto and
by this reference made a part hereof.
b. "Open Space Cornmon Area" shall mean and refer to
the real property described on. Exhibit B-2 attached hereto
and by this reference made a part hereof.
.
1.3 "Declaran~s" shall collectively mean and refer to
Robert S. C. Peterson, Claire L. Peterson, and Ransom M. Bliven.
1.4 "Developer" shall mean and refer to Robert S. C.
Peterson, and his heirs, successors or assigns if such heirs
successors or assigns should acquire more than one undeveloped
Lot from Robert S. C. Peterson for the purpose of development.
1.5 "Horne" shall mean and refer to a detached residential
housing unit and the garage which is appurtenant to such housing
unit, and which are designed and intended for use as living
quarters for one family and located or to he located upon one
Lot.
1.6 "Lot" shall mean and refer to a parcel of real estate
designated as a lot on any recorded plat or subdivision map of
the Property but specifically excluding any parcel of real estate
designated in such plat or subdivision map as an outlot.
1.7 "Member" shall mean and refer to every person or entity
who is a record owner of a fee or undivided fee simple interest
in any Lot, including, but not limited to, contract for deed
sellers.
.
1.8 "Mort~age" shall mean and refer to any mortgage or
other security 1nstrument by which a Lot, or any part thereof, or
any structure thereon, is encumbered.
-2-
~
.
1.9 "Mortgagee" shall mean any person or entity named as
the mortgagee under any Mortgage, or any successors or assigns to
the interest of such person or entity under a Mortgage.
1.10 "OWner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any Lot, including contract for deed sellers, but excluding any
person having such interest merely as security for the perfor-
mance of an obligation.
1.11 "Property" ~hall mean and refer to all the real proper-
ty subject to this Declaration, all of which is more fully
described on Exhibit A attached hereto and by this reference
incorporated herein for all purposes.
ARTICLE II
Property Rights in Conunon Area
2.1 Owners Easements of Enjoyment. Subject to the provisions of
Section 2.2, every Owner shall hnve a non-exclusive right and easement
of ingress and egress over the Conunon Area, including, but not limited
to, an easement both for pedestrian and vehicular purposes over the
Roadway Conunon Area, and a non-exclusive easement of enjoyment in and
to the entire Conunon Area, and such easements shall be appurtenant to
and shall pass with the title to every Lot.
. 2.2 Extent of Me~ers Easements. The rights and easements
created hereby and the title of the Association to the Conunon Area
shall be subject to the following:
(a) The right of the Association to dedicate or transfer
all or any part of the Conunon Area to any public agency, authori-
ty, or utility for such purposes and'subject to such conditions
as may be agreed to by the Members, provided that no such dedica-
tion or transfer, determination as to the purposes or as to the
conditions thereof shall be effective unless an instrument signed
by Members entitled to cast three-fourths (3/4) of the votes of
each class of membership has be~n recorded agreeing to such
dedication, transfer, purpose or condition, and unless written
notice of the proposed agreement and action thereunder is sent to
every Member at least ninety (90) days in advance of any action
taken; and,
(b) The right of the Association, in accordance with its
Articles and Bylaws, to borrow money for the purpose of improving
the Conunon Area, and in aid thereof to mortgage said Conunon Area
in the manner provided in Section 8.3 hereof; provided, however,
that the rights of such mortgagee in said Common Area shall be
subordinate to the rights of the Members hereunder; and,
.
(c) The right of the Association to establish uniform Rules
and Regulations pertaining to the use of the Common Area, all as
further described in Section 10.9; and,
-3-
.
(d) The right of the Developer (and its sales agents and
representatives) to the nonexclusive use of the Common Area for
the completion of the Developer's work described in Section
10.1(a) herein; and,
(e) The rights described in Section 6.2 hereof and the
right of the Association to grant and reserve easements and
rights-of-way in, through, under, over and across the Common
Area, for the installation, maintenance and inspection of lines
and appurtenances for public and private water, sewer, drainage,
cable television, electrical, telephone, gas and other utilities.
2.3 Delegation of Use. Any Owner may delegate in accordance
with the Bylaws or Rules and Regulations of the Association his right
of enjoyment in the Common Area to the members of his family, his
tenants, or others, who properly reside in his Home, or to any invit-
ees.
2.4 No Partition. The Common Area shall remain undivided, it
being agreed that this restriction is necessary in order to preserve
the rights of the Owners with respect to the operation and management
of the Common Area. No Owner shall have the right to partition or to
bring an action for partition of the Common Area.
2.5 No Dedication. Nothing contained herein in this Declaration
shall be construed or be deemed to constitute a dedication, express or
implied, of any part of the Common Area to or for any public use or
.purpose whatsoever.
2.6 Open Space Common Area. No permanent or temporary struc-
tures, improvements, buildings or facilities of any kind or size shall
be erected or maintained on the Open Space Common Area without the
prior written consent of the City of Shorewood, Hennepin County,
Minnesota; provided, however, that the following shall not be deemed a
violation of the foregoing restrictions:
(a) The installation, maintenance, repair, rebuilding, and
inspection of utility lines over, across, and under the Open
Space Common Area for the utility purposes provided in this
Declaration;
(b) Any improvements necessary to prevent the erosion or
degradation of the Open Space Common Area by natural elements;
or,
(c) The cultivation and maintenance of grasses, shrubs,
hedges, trees, and other vegetation.
.
-4-
ARTICLE III
.
Membership and Voting Rights
in the Association
3.1 Membership. Every person or entity who is a record owner of
a fee or undivided fee simple interest in any Lot, including, but not
limited to, contract for deed sellers, shall be a member of the
Association and shall remain a member of the Association until such
time as such person shall no longer possess the requisite ownership
interest in a Lot at which time membership in the Association shall
automatically terminate. The foregoing is intended to exclude persons
or entities who hold an interest merely as a security for the perfor-
mance of an obligation until such time such person acquires a fee
simple interest in such Lot by foreclosure or by any proceeding in
lieu thereof. Membership shall be appurtenant to and may not be
separated from the ownership of any Lot. Ownership of a Lot shall be
the sole qualification for membership.
3.2 Voting Rights. The Association shall not have nor shall it
issue any capital stock and may only have two (2) classes of voting
membership:
.
(a) Class A. Class A members shall be all those Owners as
defined in Section 1.10, with the exception of the Developer
until Class B membership shall be converted.to Class A member-
ship. Each Class A member shall be entitled to one (1) vote for
each Lot in which he holds the interest required for membership
by Section 3.1. When more than one person holds such interest in
any Lot, all such persons shall be Members but the vote for such
Lot shall be exercised as they among themselv~s shall determine,
but in no event shall more than one (1) vote be cast with respect
to any Lot.
(b) Class B. The Developer shall be the sole Class B
member and shall be entitled to four (4) votes for each Lot
owned. Class B membership shall cease and be converted to Class
A membership upon the occurrence of the first of the following
events:
(i) when the total number of votes outstanding in the
Class A membership equals or exceeds the total number of
votes outstanding in the Class B membership; or,
(ii) on December 31, 1990.
3.3 Suspension of Voting Rights. The right of any Member to
vote shall be suspended during any period in which such Member shall
be in default in the payment of any assessment levied by the Asso-
ciation. Such rights may also be suspended, after notice and hearing,
for a period not to exceed sixty (60) days for any infraction of any
rules or regulations published by the Association.
.
-5-
ARTICLE IV
.
Covenants for Maintenance Assessments
4.1 Creation of Lien and Per.sonal Obligation of Assessments.
The Declarants, for each Lot owned within the Property, hereby cove-
nant, and each Owner of any Lot by acceptance of a deed therefor,
whether or not it shall be so expressed in any such deed or other
conveyance, shall be and hereby is deemed to covenant and agree to pay
to the Association:
(a) general annual assessments or charges, and,
(b) special assessments for capital improvements,
.
such assessments to be established and collected from time to time as
hereinafter provided. The general annual and special assessments,
together with such interest and penalties thereon and costs of col-
lection thereof as hereinafter provided, shall be a charge on each
such Lot and shall be a continuing lien on each such Lot against which
each such assessment is made. Each such assessment, together with
such i,nterest, penal ties and all costs of collection, shall also be
thepe:rsonal obligation of each person who was the OWI1~;r of each such
Lot on the due date of such assessment. If any Lot is owned by two or
more persons, the personal liability for such assessment, interest and
costs Of collection shall be joint and several. The personal
obligafion for delinquent assessments shall not pass tp such Owner's
successors in title unless expressly assumed by them. All such
assessments shall be fixed, established and collected from time to
time in the manner provided in this Article.
4.2 Purpose of Assessments. The assessments levied by the
Association shall be used exclusively for the purpose of promoting the
pleasure, health, safety and welfare of the residents of the Property
and in particular for the improvement and maintenance of the Roadway
Common Area and any maintenance authorized by the Association or
required by this Declaration on the Homes. The Association shall
maintain an adequate reserve fund for maintenance, repairs and re-
placement of those elements of the Roadway Common Area, and any other
common property owned by the Association, 'that must be replaced on a
periodic basis. The Association may also levy assessments for the
creation of a reserve for uncollected assessments and for such other
contingencies or purposes as the Association may determine consistent
with the Declaration.
4.3 Maximum Annual Assessment~. The amount of the maximum
annual assessments shall be determined by the Board of Directors
hereinafter provided but subject, however, to the following re-
strictions:
ac
-,
.
(a) Until January 1 of the year immediately following the
conveyance of the first IJot by the Developer to a.n Owner, the
maximum annual general assessment shall he $10.00 per Lot.
-6-
.
(b) From and after January 1 of the year immediately
following the year of the conveyance of the first Lot by the
Developer to an Owner, the maximum annual general assessment may
not be increased each year, without a vote of the membership as
provided in Subsection 4.3(c), by more than the greater of (i)
the percentage increase in the Revised Consumer Price Index for
Urban Wage Earners and Clerical Workers, All Items Index, U.S.
Cities Average (1967 = 100), or a comparable successor index,
over the immediately preceding calendar year, or (ii) five
percent (5%) above the maximum annual general assessment for the
preceding calendar year.
(c) The maximum annual general assessment may be increased
above the amount established in Subsection 4.3(b) by vote of
two-thirds (2/3) of each class of Members who are voting in
person or by proxy at a meeting duly called for such purpose.
(d) The Board of Directors of the Association may, after
consideration of the current assessment costs and future needs of
the Association, fix the actual assessment for any year at any
lesser amount.
4.4 Special Assessments.. for Capital Improvements. Inaddi tion
to the general annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment applicable to
that year6rily for the purpose of defraying in whole or in part the
cost of any construction or reconstruction, unexpected repair ~r
. replacement of a capital improvements; provided, however, that any
such assessment shall require the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at
a meeting duly called for this purpose.
4.5 Notice of Meetings. Written notice of any meeting called
for the purpose of taking any action authorized under Section 4.3 or
4.4 shall be sent to all Members, and to any Mortgagee who shall
request such notice in writing, no less than thirty (30) days or no
more than sixty (60) days in advance of such meeting. At the first
such meeting called, the presence of Members or the holders of proxies
entitled to cast sixty percent (60%) of the votes of each class of
membership shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice
requirement_, and the required quorum at the subsequent meeting shall
be one-half (1/2) of the required quorum at the preceding meeting. No
such subsequent meeting shall be held later than sixty (60) days
following the preceding meeting.
4.6 Uniform Rate of Assessment. Both general annual and special
assessments must be fixed at a uniform rate for all Lots; provided,
however, that any Lots owned by the Developer shall be assessed an
amount equal to one-tenth (1/10) of the amount assessed against Lots
owned by persons other than the Developer; provided, further, that
notwithstanding anything set forth in the preceding clause to the
.contrary, a Lot owned by the Developer shall be assessed on the: same
basis as a Lot owned by any person other than the Developer from and
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. "
after the time that (i) a Home shall have been erected upon such Lot
and (ii) such Home shall be occupied by a tenant of the Developer. '
. 4.7 Date of Comme~cement of Annual Assessments; Due Dates. The
annual a~sessments provJ.ded for herein shall commence as to all Lots
on the fJ.rst day of the calendar month following the conveyance of a
Lot by the Developer to an OWner. In the event that the annual
assessments, with respect to any lot, shall commence during any
calendar year on any day other than January 1, the amount of such
assessments,payable for such year shall be that proportion of the full
amount appl1ca~1~ to such Lot for the entire calendar year which the
number of remaJ.nJ.ng full calendar months in such vear bears to th
number twelve. All assessments, both general and. special, shall ~e
collected on a monthly~ or other periodic basis, and with such due
date as the Board of DJ.rectors may determine and establish.
4.8 Duties of the Board of Directors. The Board of Directors of
the Association shall fix the date of commencement and th t f
the assessment against each Lot for each annual as~essmen~ep~~~8a a~
~fi~If ~~iEfi~t(i~~edpt~p~Pea~v~8!I 8r tH~hpfa~Mfti@~sSft~mS~see~m~~~sand
applicable ~hereto which shall be kept J.n the office of the Asso-
ciation andsh:all be open to inspection by any Owner. Written notice
of every asses"sment shall thereafter be sent to each Owner sUqj~ct to
such assessments. The Association shall, upon demand and upon the
payment ofa ~(:asonable charge, furnish a written certificate signed
by an officer of the Association setting forth whether or not all
.assessments upon particular Lots have been paid. Such certifica. te
shall be conclusive evidence of payment of any assessments therein
stated to have been paid.
4.9 Effect of Nonpayment of Assessment; the Personal Obligation
of the Owner; the Lien; Remedies of Association.
(a) If any assessment is not paid on the date when due,
then such assessment shall become delinquent and shall, together
with interest and penalties thereon become a continuing lien on
such Lot or Lots and such lien shall bind such Lot or Lots in the
hands of the then Owner, his heirs, devisees, personal represen-
tatives and assigns. The personal obligation of the then Owner to
pay such assessment shall, however, remain his personal
obligation and shall not pass to his successors in title unless
expressly assumed by them. . No Owner may waive or otherwise
escape personal liability for the assessments provided for herein
by abandonment of his Lot. Such lien shall run in favor of the
Association and shall be superior to all other liens and encum-
brances on such Lot except for the following:
(i) Liens for general real estate taxes and special
assessments levied by any governmental authority; and,
.
(ii) The lien of any first Mortgage as provided in
Section 4.10 hereof.
-8-
.
.
.
(h) All other lienors acquiring liens on any Lot after this
Declaration shall have been recorded and whose liens shall also
have been recorded, shall be deemed to consent that their liens
shall be and remain inferior to future liens provided for herein
whether or not such consent has been expressed in the instruments
creating their liens.
(c) To evidence a lien for sums assessed pursuant to this
Article, the Association may prepare a written notice of lien
setting forth the amount of the assessment, the date due, the
amount remaining unpaid, the name of the Owner of the Lot and a
description of the Lot and file or record the same, but such
notice of lien shall not be recorded until such assessment has
been wholly or partially unpaid for at least thirty (30) days
from the due date. Such lien may be enforced and foreclosed
either by judicial foreclosure by the Association in the same
manner in which mortgages on real property may be foreclosed in
Minnesota or by foreclosing the lien in the manner prescribed by
Minnesota Statutes for the foreclosure of a mechanic's lien.
Each Owner, by acceptance of a deed for any Lots, does further
hereby give full and complete power of sale to the Association
and does consent to a foreclosure of the assessment lien by...!. ..
advertisemerit. In the event of any such foreclosure, and i~ ~h~
further event that the Association shall prevail in any such
foreclosure, the person personally obligated to pay the same.,.,
shall be required to pay all costs of foreclosure including,pyt
not limited to, reasonable attorneys' fees. All such costs and
expenses shall be further secured by the lien being foreclosed.
The person personally obligated to pay such lien, shall also be
required to pay the Association any assessments against the Lot
which shall become due during the period of foreclosure and
redemption. The Association shall have the right and power to
bid at the foreclosure sale and to acquire, hold, convey, lease,
rent, encumber, use and otherwise deal with the Lot as the Owner
thereof. A release of the notice of lien shall be executed by an
officer of the Association and recorded upon payment of all sums
secured by such lien.
(d) A suit to recover a money judg.ment for such expenses,
with costs of collection and interest as provided for herein,
shall be maintainable by the Association without foreclosing or
waiving the lien securing the same. All the Association's rights
and remedies shall be cumulative and not exclusive and shall be
exercisable in whole or in part at any t.ime and from time to
time, concurrently or consecutively.
(e) Any encumbrancer holding a lien on any Lot may pay, but
shall be not required to pay, any amounts secured by the lien
created and authorized by this Section and, upon payment of such
sums, such encumbrancer shall be subrogated to all rights of the
Association with respect to such lien, including, but not limited
to, priority as to any other lien or interest in such Lot.
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~
.
(f) Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date until paid at
the rate of eight percent (8%) per annum. In addition to said
interest, the Association may charge each delinquent Owner a
"late charge" service fee in an amount to be determined by the
Board of Directors of the Association, but not to exceed Ten
Dollars ($10.00) per each delinquent installment of the assess-
ments provided herein. Such late charge service fee is intended
to compensate the Association for its costs of handling and
accounting for late payments. No such late charge shall be
imposed until an installment of an assessment shall have been
delinquent for at least ten (10) days following the due date
therefor.
4.10 Subordination of Lien to First Mortgages. The assessment
lien provided for herein shall he subor~inate to the lien of any first
Mortgage, and the sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to
the foreclosure of a first Mortgage, or pursuant to any other proceed-
ing or arrangement in lieu of such foreclosure, shall extinguish the
lien of such assessments as to installments which became due prior to
the effective date of such sale, transfer or acquisition by the first
Mortgagee to the end that no assessment liability shall accrue to an
acquiring first Mortgagee except with respect to installments of
assessments becoming due after possession has passed to such acquiring
Mortgagee, whether such possession has passed at the termination of
any period of redemption Dr otherwise, and in the event of the extin-
.gUiShment of such assessment lien as aforesaid, the entire amount of
such unpaid assessment shall be reallocated and reassessed against,
and payable by the Owners of, all other Lots in the Association,
exclusive of such mortgaged Lot. No such sale, transfer or acquisi-
tion of possession shall relieve an Owner or a Lot from liability for
any assessments thereafter becoming due or from the lien thereof or
shall relieve the person personally obligated to pay the assessments
which were levied prior to the transfer of such property from the
personal obligation to pay the same.
ARTICLE V
Easements
5.1 Easements. In addition to the easements, covenants, re-
strictions and conditions of Article VI concerning architectural and
exterior controls of the Lots and the Common Area, all Lots and the
Common Area shall be subject to the easements and covenants hereinaf-
ter specifically described for the benefit of the Property, all as
more fully set forth hereinafter in this Article.
5.2 Underground Utility Easements. The Common Area and the
rights and easements of enjoyment in the Common Area by the Owners
shall be subject to a blanket, non-exclusive right and easement for
.underground general utility purposes. Such utility purposes shall
include, but not be limited to, sewer, water, gas, electrical and
telephone purposes, including the right to build, construct,
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~
reconstruct, rebuild, repair, maintain and operate underground sewer,
water, gas, electrical mains and telephone cables, and any surface
. connection to such underground mains, along with the right to enter
uEon, and open the ground for such purposes. All such utility ease-
ment's shall jointly run in favor of and inure to the.benefit of the
Owners of the Lots, the Association and any and all public authorities
or utility companies maintaining or operating any utility facilities
upon the Property but subject to the following limitations:
(a) The rights granted herein shall be only to the extent
necessary to entitle the Owner or Association serviced by said
installation to the full and reasonable use and enjoyment of the
facility involved, and provided further that anyone exercising
said rights shall be responsible for restoring the surface of the
easement area so used, or any other damage, to its condition
prior to such use.
(b) In the event of a dispute between Owners with respect
to the repair or rebuilding of said connections, or with respect
to the sharing of the cost thereof, upon written request of one
of the Owners addressed to. the Association, the matter shall be
submitted to the Board of DiI"ectors, who shall decide the dispute
and the decision of the Boar~ shall be final and conclusive on
the parties.
.
Notwithstanding anything to the contrary contained in this paragraph,
no such facilities or other utilities may be installed or relocated on
the Property, except in the location in which such facility was
originally installed by the Developer or in such other location which
is approved by the Association.
5.3 Pedestrian Access Easement. Each Owner shall have the
non-exclusive right and easement to use that portion of Lot 5 of the
Property described on Exhibit C attached hereto, and by this reference
made a part hereof, as a private roadway for the sole purpose of
providing ground level pedestrian access to and from the Roadway
Common Area and the Open Space Common Area. Any Owner may delegate
the. easement rights created hereby to the members of his family, his
tenants, or others, who properly reside in the Owner's Home, or to any
of his invitees. The easement created herein shall be appurtenant to
and shall pass with the title of every Lot.
ARTICLE VI
Architectural and Exterior Controls
.
6.1 Architectural Control and Committee Authority. No Home or
other building, fence, wall, patio, or other structure shall be
commenced, erected or maintained upon any Lot, nor shall any exterior
addition, demolition, removal, or change or alteration therein be made
including, any shrubs, trees, or bushes be placed within said Lot, or
anything of a permanent nature which is visible from any other Lot or
from th~ Roadway Common Area be placed, planted, or constructed within
said Lot until the plans and specifications showing the nature, kind,
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shape, height, materials and location of the same shall have been
submitted to and approved in writing as to harmony or external design
.and location in relation to surrounding structures and topography by
the Board of Directors of the Association or by an architectural
control committee composed of three or more representatives appointed
by the Board with such delegated power as the Board shall direct. No
such submission shall be deemed to have been completed until all of
the plans and specifications therefor shall have been submitted to the
Board or its designated committee, and a dated written receipt execut-
ed by a member thereof has been delivered to the applicant. In the
event said Board, or its designated committee, fails to approve or
disapprove such design and location within thirty (30) days after said
plans and specifications have been submitted to it, as evidenced by
the dated written receipt, such approval shall be deemed to have been
given. If no application has been made to the Board of Directors or
its designated committee, or if such application has been rejected, a
suit to enjoin or remove such additions, alterations, or changes may
be instituted at any time by the Association or any Owner; provided,
however no suit to enjoin or remove such additions, alterations or
changes may be commenced if unapproved improvements have been complet-
ed for a period of ninety (90) days and thereafter a deed to a new
Owner is recorded, such improvements ha"ing been deemed to have been
approved by the Board or its designated committee. None of the
members of the Board or such committee shall be entitled to any
compensation for their services performed pursuant to this paragraph,
but compensation may be allowed to independent professional advisors
. retained by the Board or such committee. During the time in which the
Association has a Class B rn=mber, all decisions of the architectural
control committee may be vetoed by the Developer.
6.2 Common Area Maintenanc~. In order to assure the proper and
safe maintenance of the Roadway Common Area, the Association shall
provide and be solely responsible for the maintenance and repair of
the Roadway Common Area which responsibility shall include, but not be
limited to, the following: snow removal, patching, seal coating, and
replacement of paving material. The Association shall also provide
and be solely responsible for the maintenance of the Open Space Common
Area, which responsibility shall include all care required for all
vegetation located on the Open Space Common Area. The Association
shall also provide and be solely responsible for the maintenance and
repair of all utility facilities which are installed in the Common
Area, but only to the extent that the responsibility for the mainte-
nance of such facilities belongs to the ASBociation or the Owners.
All expenditures by the Association for the above-stated purposes
shall be uniformly assessed against all Lots in the Property as
provided in Section 4.6 hereof; provided, however, all costs and
expenses of any maintenance or repairs necessitated or caused by
willful or negligent acts of an OWner, the Owner's family, invitees,
tenants or vendees shall be specifically assessed against the Lot of
such Owner in the manner provided herein. All maintenance and repair
of the Homes and Lots shall be the sole obligation and responsibility
.. and shall be performed at the sole expense of the individual Owners
. thereof.
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6.3 Failure of Owner to Maintain Lot. In the event an Owner of
any Lot shall fail to maintain his Lot and the improvements situated
. thereon including, but not limited to, his Home, in a manner rea-
sonably satisfactory to the Board of Directors, the Association after
.approval by two--thirds (2/3) vote of the Board of Directors, shall
have the right, through its agents and employees, to enter upon said
Lot and to repair, maintain, and restore the Lot and the exterior of
the Home and any other improvements erected thereon. The costs of
such exterior maintenance shall be added to and become part of the
assessment to which such Lot is subject.
ARTICLE VII
Insurance
.
7.1 Liability Insurance for Common Property; Fidelity Bonds. .
The Board of Directors of the Association, or its duly authorized
agent, shall obtain a broad form of public liability insurance insur-
ing the Association, with such limits of liability as the Association
shall determine to be necessary, against all acts, omissions to act
and negligence of the Association, its employees and agents. The
Association's Board of Directors shall also provide fidelity bonds
providing protection to the Association against loss by reason of
fraud or dishonesty on the part of the Association's Directors,
managers, officers, employees or volunteers who are responsible for
the handling of funds of the Association in an amount sufficient to
provide no less protection than one and one-half (l~) times the
estimated annual operating expenses and reserves of the Association.
The cost of all such insurance and fidelity bonds shall be assessed as
a common expense against all of the Lots as provided in Article IV
hereof.
7.2 Owner Responsible for Other Insurance. The Association
shall not be responsible to obtain any insurance for the benefit of an
Owner except to the extent provided in this Article and each Owner
shall be solely responsible to obtain whatever insurance coverage such
Owner may desire, including, but not limited to, casualty insurance on
the Owner's Home, homeowner's liability insurance and contents and
personal property insurance.
ARTICLE VIII
Rights of First Mortgagees
8.1 Mortgagee's Rights. Notwithstanding any other provisions of
this Declaration, the Articles of Incorporation or the Bylaws of the
Association, the provisions of this Article VIII shall control and in
the event of a conflict between the provisions of this Article and the
other provisions of this Declaration, the Articles, or Bylaws, the
provisions of this Article shall control.
. 8.2 Notice to Mortgagees. Any holder of a first Mortgage upon a .
Lot, upon written request to the Association, shall be entitled to
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.'
receive written notification from the Association of each and all of
the following:
e
." (a) Any default in the performance by the Owner of any
obligatIon under the Declaration or Bylaws of the Association
which is not cured within sixty (60) days.
(b) All meetings of the Association.
(c) Any formal proposal submitted to the Members to:
(i) abandon or terminate, respectively, the Common
Area or the covenants created by this Declaration; or
(ii) amend materially the Declaration, Bylaws or
Articles of Incorporation;
(d) The effectuation of any decision by the Association to
terminate professional management of the Association, if any, and
assume self-management of the Association and Property;
(e) Substantial damage to or destruction of anypatt of the
CommOn Area;
(f) The institution or notice of any condemnation or
eminent domain proceeding against any part of the Common Area.
eAny holder of a first Mortgage on a Lot shall have the right to
designate a representative who shall be entitled to attend all meet-
ings of the Members of the Association.
8.3 Alienation of Common Area. Unless at least (i) seventy-five
percent (75%) of Owners of the Lots other than the Developer and (ii)
all holders of first Mortgages on the Lots, and (iii) the Developer,
if any Lots are then owned by it, have given their prior written
approval (together with any additional or greater consent required by
this Declaration), the Association shall not be entitled by act or
omission to. seek to abandon, partition, subdivide, encumber, alienate,
release, hypothecate, sell or transfer the common property owned,
directly or indirectly, by the Association for the benefit of the
Lots. The granting of easements for public utilities or for other
public purposes consistent with the intended use of such common
property shall not be deemed a transfer within the meaning of this
section.
8.4 Changes in Assessments and Controls. Unless at least
(i) seventy-five percent (75%) of the holders of first Mortgages on
the Lots, based upon one vote for each first Mortgage owned, and
Owners of the Lots other than Developer, and (ii) the Developer, if
any Lots are then owned by it, have given their prior written ap-
proval, the Association shall not be entitled to: .
.e
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;
.
(a) Change the method of determining the obligation,
assessments, dues or other charges which may be levied against an
Owner;
(b) By act or omission change, waive or abandon any scheme
of regulations, or enforcement thereof, pertaining to the archi-
tectural design or the exterior appearance of Home, or the
maintenance of the common property;
8.5 No Right of First Refusal on Foreclosure. Any first Mort-
gagee who acquires title to any Lot pursuant to any remedies provided
in its Mortgage, or by foreclosure of the Mortgage, or by deed in lieu
of foreclosure, shall be exempt from any and all rights of first
refusal granted in the Declaration or in the Articles of Incorporation
or Bylaws of the Association.
8.6 Examination of Books and Records. Any first Mortgagee shall
have the right to examine the books and records of the Association.
8.7 Right to Make Advances for Taxes and Insurance. Any first
Mortgagee may, jointly or singly, pay taxes or other charges which are
in default and.which mayor have become a charge against the Common
Area or any other common property owned by the Association and any
such first Mortgagees making such payments shall be o\o,1ed irnrre diate
reimbursement therefor from the Association.
8.8 Distribution of Conde~nation Awards. No provision of this
.Declaration, the Articles of Incorporation of the Association or the
Bylaws of the Association shall be construed to give an Owner, or any
other party, priority over any rights of first Mortgagees of the Lots
pursuant to their respective Mortgages, in the case of a distribution
to an Owner of condemnation awards for a taking of the Common Area or
any other common property owned by the ,Association.
ARTICLE IX
Future Subdivision of Lot 5 of the Property
9.l Subdivision of Lot 5 Contemplated. Declarants and the
Developer anticipate that the Owner of Lot 5 of the Property may
desire to subdivide Lot 5 into one or more residential lots and that
depending upon the manner of subdivision, one or more of the resulting
lots mayor may not have any direct or indirect means of access to the
Roadway Common Area (a lot not having such access being referred to
herein as an "Inaccessible Lot") .
9.2 Inaccessible Lot. From and after the date of recording of
a subdivision map of Lot 5 creating an Inaccessible Lot, such
Inaccessible Lot and the Owner thereof shall no longer be subject to
assessment by the Association for any costs and expenses incurred by
the Association for the maintenance and repair of the Roadway Common
.Area, if, and only if, all means of vehicular access to or from such
Inaccessible Lot shall not, in fact, requ~re any use of the Roadway
Common Area.
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9.3 Other Terms Continue to Apply to Inaccessible Lot. Except
as provided in the immediately preceding paragraph 9.2, such Inacces-
sible Lot and the Owner thereof shall otherwise continue to be subject
~o all of the other benefits and burdens of the covenants, conditions,
restrictions and easements created pursuant to this Declaration with
the same force and to the same extent as if such Inaccessible Lot had
originally been a "Lot" at the time of the recording of this Declara-
tion.
ARTICLE X
General Restrictions, Obligations
and Rights of Owners
10.1 Residential Restriction. No Heme shall be used for purposes
other than as a single family residence, nor shall any garage be used
for or occupied as living or sleeping quarters, nor shall any trade or
business of any kind be carried on within a Home or upon a Lot, nor
shall any Lot or any part thereof be leased, sublet, assigned or
suffered to be used for hotel or transient occupancy; provided,
however, that none of the following activities shall be considered to
be in violation of these restrictions:
.
(a) The maintenance, by the Developer, during the period of
sale of the Lots, upon such portion of the Property as the
Developer may choose, of facilities which, in the sole opinion of
Developer, may be reasonably required, convenient or incidental
to the sale of the Lots, including, but without limitation, a
business office, storage area, construction yards, vehicles and
equipment parking, signs, model units and sale office, con-
struction offices and mobile units.
(b) The maintenance of an office by the Association or its
designated manager for the purposes of management of the Proper-
ty.
(c) Lease or rental of a Home for purposes consistent with
this Section so long as the terms of such lease fulfill the
requirements of Section 10.10 hereof.
10.2 Prohibition of Damage and Certain Activities. Nothing shall
be done or kept on any Lot or any part thereof (i) which shall in-
crease the rate of insurance on any other Lot over what the Owner of
such other Lot, but for such activity, would pay, without the prior
written consent of the Association, or (ii) which would be in viola-
tion of any statute, rule, ordinance, regulation, permit or other
validly imposed requirement of any governmental body. No damage to,
or waste of, the Property or the buildings situated thereon, shall be
committed by any Owner or any invitee of any Owner and each Owner
agrees to indemnify and hold harmless the Association and the other
Owners from and against all loss resulting from any such damage or
waste caused by him or his invitees. No noxious, destructive or
.ffensive activity shall be allowed on any Lot, nor shall anything be
one thereon which may be or may becone an annoyance or nuisance to
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~.
"
any other OWner or to any other person at any time lawfully residing
on the Property.
. 10.3 Signs. No signs of any kind shall be displayed to the
public view on any Lot; provided, however, one sign, if not more than
five (5) square feet in area may be used to advertise a Home for sale
or rent; provided, further, the Developer reserves for itself and its
agents, the right to place any advertising sign upon the Property
during the sales and marketing period of the development of the
Property.
10.4 Maintenance of Garages. All g~rage facilities shall be
retained and used as a garage facility for the off-street interior
storage of the vehicles and no such facility shall be converted by
construction or usage to any other purpose. All garbage or other
refuse shall be kept in covered containers. All such containers must
be kept entirely within the garage facility at all times except when
necessary to permit the orderly collection of such garbage or refuse
by the Association or any governmental body providing garbage or trash
disposal services.
10.5 Exterior Antenn.ae. Without prior written approval and the
authorization of thel(s~ociation given in accordance with the proce-
dures described in Sebtion 6.1, no exterior television, radio, CB or
other antennae of any sort shall be placed, allowed or maintained upon
any portion of the Property.
. 10.6 General Rules and Regulations. By acceptance of any deed or
. other conveyance of a Lot, each Owner delegates to the Association the
right and power to adopt, amend, repeal and enforce reasonable rules
and regulations, of general application to the Common Area relating to
the use and conduct permitted on the Common Area. Each Owner express-
ly agrees to observe such rules and regulations and to be bound
thereby, and to prevent the breach thereof by the members of such
OWner's family, guests, invitees, lessees, contract for deed purchas-
ers and all other persons lawfully on the Common Area with the Owner's
consent. Notwithstanding the foregoing, any such rules and regu-
lations must satisfy the following requirements:
(a) All such rules and regulations must be consistent with
the objects and purposes of this Declaration and shall be direct-
ed at protecting the value and desirability of the residential
community to be created on the Property and enhancing the general
welfare of the residents of such community, all as determined by
the Board of Directors of the Association in their sole dis-
cretion.
.
(b) All such rules and regulations may only be directed at
activities occurring on the Common Area and may not restrict the
activities of any residents of the community occurring on each
Lot.
(c) All such rules and regulations shall be uniformly
applicable to all persons on the Common Area.
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",:' .
.
The Board of Directors of the Association shall have the sole authori-
ty to make, modify and repeal any rules and regulations under this
~Section 10.9 and neither the members of the Association nor the
~mernbers of he Board of Directors shall be liable to anyone as a result
of the adoption, modification, repeal or enforcement"of any rule or
regulation adopted under this Section 10.9 if such action is taken by
the Board of Directors in good faith.
10.7 Sale or Lease of Home. No Home shall be sold under a
contract for deed by an Owner, nor shall any landlord-tenant relation-
ship be established, unless such contract or landlord-tenant relation-
ship is embodied in writing and the buyer or tenant has agreed in
writing that the contract for deed or lease is subject in all respects
to the provisions of this Declaration, the Articles of Incorporation
of the Association, the Bylaws of the Association and all Rules and
Regulations duly adopted by the Association. Such writing shall
provide that any failure of the buyer or tenant to comply with the
terms of such documents or rules and regulations shall constitute an
event of default under the contract for deed or lease. No lease or
contract for deed or similar arrangement shall relieve any Owner of
his responsibilities under this Declaration, and notwithstanding any
violation of the terms of this~.~c:1:ibn, all leases, contracts for deed
and similar arrangements and the" tenants and buyers thereunder, and
any other occupant of the Home, shall be automatically deemed to be
subject to and bound by the obligations and duties of this Declara-
tion.
~ 10.8 No Right of First Refusql. The right of an Owner to sell,
transfer or otherwise convey his Lot and Home will not be subject to
any right of first refusal or any similar restrictions running in
favor of the Association.
ARTICLE XI
General Pr~visions
11.1 Enforcement. The Association or any Owner, shall have the
right to enforce, by a proceeding at law or in equity (i) all re-
strictions, conditions, covenants, reservations, liens and charges now
or hereafter imposed by the provisions of this Declaration including,
but not limited to, the collection of all assessments and the enforce-
ment of all rules and regulations adopted by the Association under
Section 10.9 and (ii) all of the provisions of the Articles of Incor-
poration and Bylaws of the Association. In the event that the Asso-
ciation should employ the services of an attorney in connection with a
breach of the terms hereof by an Owner, his family, guests, tenants or
contract for deed purchasers, or in connection with the enforcement of
the terms hereof, and if the Association shall prevail in any such
action, such Member shall pay, in addition to all other sums due, the
Association's reasonable attorneys' fees, costs and expenses. The
failure by the Association or by any Owner to enforce any covenant or
~restriction herein contained shall in no event be deemed a waiver of
~the right to do so thereafter. If these restrictions are enforced by
appropriate proceedings by anyone or more of such heretofore
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described persons, such persons may be reimbursed by the Association
for all or any part of the costs so incurred, as the Board of
. Directors of the Association shall, in its sole discretion determine.
11.2 Severability. The invalidation of anyone of these cove-
nants or restrictions by legislation, judgment or court order shall in
no way affect any other provision which shall remain in full force and
effect.
11.3 Duration of Declaration. The covenants, restrictions,
conditions and reservations imposed or established by or created under
this Declaration shall continue to run with and bind the Property
unless and until revoked, changed or amended in whole or in part, by
Members entitled to cast no less than seventy-five percent (75%) of
each class of votes and evidenced by a recorded instrument executed by
duly authorized officers of the Association.
ARTICLE XII
Rights of the City of Shorewood
12.1 Conflict with Oth€r Provisicns. Notwithstanding any other
provisions of this Declaration, the Articles of Incorporation or the
Bylaws of the Association, the provisions of this Article XII shall
control and in the event of any conflict between the provisions of
this Article and the other provisions of this Declaration, the
Articles or the Bylaws, the provisions of this Article shall control.
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12.2 Easements Over Roadway Common Area. The Roadway Common Area
and the rights and easements of enjoyment in and to the. Roadway Common
Area by the Owners shall be subject to a non-exclusive right and
easement running in favor of the City of Shorewood ("City") for the
purpose of ingress and egress to and from any Lot. Such rights of
ingress and egress may be exercised by the City and its duly
authorized representatives for the purpose of rendering or performing
any public services including, but not limited to, police, fire,
rescue and other emergency services, for animal control, health and
other municipal inspection services, and such other public purposes
and services as the City shall determine from time to time.
12.3 Care and Maintenance of Roadway Common Area and Water and
Sewer Utility Lines. Each Owner of a Lot, by acceptance of a deed
therefor, shall be deemed to acknowledge and agree that the City shall
have no responsibility for the repair and maintenance of the Roadway
Common Area or the water and sewer utility lines installed within the
Roadway Common Area until such time as the City affirmatively elects
to accept dedication of the Roadway Common Area by the Association,
and that until the City elects to accept such a dedication, the
Association shall be solely responsible for the care and maintenance
of the Roadway Common Area and such water and sewer utility lines.
Each Owner further acknowledges that the City will not accept such a
dedication by the Association until such time as the Roadway Common
. Area is satisfactorily improved to comply with all applicable
standards'established by the City for the acceptance of publically
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dedicated roadways. it being understood and'agreed that as of the date of this
Declaration. the Roadway Common Area does not comply with such minimum standards.
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12.4 Failure to Maintain Roadway Common Area and Water and Sewer Utility Line~
In the event that (a) the Association fails to adequately maintain and repair the
paved surface of the Roadway Common Area for pedestrian and vehicular uses. including.
but not limited to. prompt and adequate snow removal and surface water drainage or
(b) the Association fails to adequately maintain and repair all lateral utility lines
installed within the Property ~hich serve two or more Lots, then. after the City Council
of the City of Shorewood shall have adopted a resolution making a finding of such
inadequate maintenance. duly authorized representatives of the City may enter upon the
Property and perform such repair and maintenance measures as shall be reasonably required
in order to preserve the health, safety and welfare of the residents of the Property or
other residents of the maintenance measures. the City may assess the cost of all such
work directly against the Lots which are benefited by such work. with or without the
consent of the Owners of the Lots. All such assessments shall be made on a fair
and equitable basis against the Lots benefited by such work in such manner as the City
shall determine in its sole and exclusive discretion.
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12.5 Motor Homes, Storage Sheds, Etc. No motor homes. recreational vehicles, trailers,
boats, snowmobiles or similar vehicles shall be parked, stored or kept within the Set Back
Area unless such vehicle or vehicles shall be fully enclosed within a garage facility
which has been constructed in accordance with all applicable City codes and ordin-
ances, nor shall any detached storage structure, inclu~f.n~,but not limited to, a stor-
age shed, tool shed or similar out building, be erected within the Set Back Area.
For purposes of this Section 12.5 the "Set Back Area"shall be that part of the Pro-
perty described on Exhibit D attached hereto and by this reference made a part hereof.
It is expressly intended that the provisions of this Section 12.5 may be enforced
by the City, the Association or any Owner in the manner described in Section 11.1
above, or in the case of the City, in any other manner permitted by law. Nothing in
this Section 12.5 is intended to restrict the right of the Owners of Lots 1,3 and 5,
Block 1, all in Robert S.C. Peterson Addiotion, to construct a residential dwelling
or garage within that portion of such Lot which lies within the Set Back Area, such
Lot shall be determined solely by the applicable codes and ordinances of the City in
effect at the time construction of such structures shall commence; provided, however, that
nothing in this Section 12.5 is intended to limit, diminish or otherwise restrict
the system of architectural and exterior controls imposed on the Lots pursuant to the
provisions of Article VI of this Declaration.
12.6 Amendment. None of the rights of the City arising under the provision of Sec-
tion 2.6 above or the provisions of this Article XII may be altered, diminished or
otherwise affected by any amendment to this Declaration unless the City shall have
acceded thereto in a recorded instrument executed by a duly authorized representative
of the City.
IN WITNESS WHEREOF, the undersigned have caused this document to be executed as of the
day and year first above written.
t1/11 f tZt::
Robert S. C. Peterson
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""'On-
Ransom M. Bliven
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Clulre L. Peterson
~TATE OF MINNESOTA)
) s s .
COUNTY OF HENNEPIN)
On this _ day of. , 198 5, before me, a Notary
Public within and for said County personally appeared Robert S. C.
Peterson and Claire L. Peterson, husband and wife, to me known to be
the persons described in and who executed the foregoing instrument and
acknowledged that they executed the ~ame as their free act and deed.
Notary Public
STATE OF MINNESOTA)
) s s .
COUNTY OF HENNEPIN)
On this day of , 1985, before me, a Notary
Public within and for said County personally appeared Ransom M.
Bliveh,to me known to be the person described in and who executed the
foregoing instrument and acknowledged that he executed the same as his
free act and deed.
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Notary Public
This document was drafted by:
Thomas R. Galt, Esq.
BEITZ, JOHNSON, FORSBERG & GALT
650 Builders Exchange Building
Minneapoli~, Minnesota 55402
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PROPERTY DESCRIPTION
Lots 1 through 5 inclusive;
Outlots A and B;
all in Robert S. C. Peterson Addition, according to the plat
thereof on file and of record in the Office of the County
Recorder in and for Hennepin County, Minnesota and all of which
is situated in said County.
EXHIBIT A
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ROADWAY COMMON AREA DESCRIPTION
Outlot A;
all in Robert S. C. Peterson Addition, according to the plat
thereof on file and of record in the Office of the County
Recorder in and for Hennepin County, Minnesota, and all of which
is situated in said county.
EXHIBIT B-1
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OPEN SPACE COMMON AREA DESCRIPTION
Outlot Bi
all in Robert S. C. Peterson Addition, according to the plat
thereof on file and of record in the Office of the County
Recorder in and for Hennepin County, Minnesota, and all of which
is situated in said county.
EXHIBIT B-2
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ACCESS EASEMENT DESCRIPTION
That part of Lot 5, Block 1, Robert S. C. Peterson Addition,
according to the plat thereof on file and of record in the Office of
the County Recorder in and for Hennepin County, Minnesota described as
follows:
Commencing at the Northeasterly corner of Lot 5, Block 1; thence
Westerly along the Northerly line of said Lot 5 a distance of 20 feet
to a corner of said Lot 5 (said corner also being the most
Northeasterly corner of Lot 4, Block 1); thence Southerly along the
Easterly line of said Lot 4, Block 1 a distance of 143 feet to the
Southeasterly corner of said Lot 4, Block 1 (also being the
Northeasterly corner of Outlot B); thence continuing Southerly along
the Easterly line of Outlot B a distance of 73 feet to the
Southeasterly corner of Outlot B; thence North 89000'00" East a
distance of 20 feet to a point on the Easterly line of Lot 5, Block 1
which is 216 feet Southerly from the Northeast corner thereof; thence
Northerly along the Easterly line of Lot 5, Block 1 a distance of
approximately 216 feet to the Northeasterly corner of said Lot 5,
Block 1, and there terminating.
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EXHIBIT C
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SET BACK AREA LEGAL DESCRIPTION
The Westerly 50 feet of Lots 1, 3 and 5, Block 1 all in Robert S.
C. Peterson Addition according to the plat thereof on file and of
record in the Office of the Hennepin County Recorder and all of which
is situated in said County.
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EXHIBIT n