120496 CC Handout
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
Mayor and City Council
Brad Nielsen
2 December 1996
Watten Ponds - Final Plan
405 (96.02)
Enclosed please find the draft resolution, development agreement and plans for Watten
Ponds. I have also enclosed the proposed protective covenants for the P.D.D. Staffwill
review a "punch list" of recommendations at the meeting on Wednesday night. If you have
any questions relative to this material, please do not hesitate to contact me prior to
Wednesday night's meeting.
cc: Jim Hurm
Tim Keane
Larry Brown
A Residential Community on Lake Minnetonka's South Shore
.,..
..
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
WATTENPONDS
WHEREAS, the final plat of Watten Ponds has been submitted in the manner required for
the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes,
and all proceedings have been du1y had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood
as follows:
1 . That the plat of Watten Ponds is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement for Watten Ponds Planned Unit Development, attached
hereto and made a part hereof.
3 . That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat and the said Development Agreement on behalf of the City
Council.
4. That the final plat, together with this resolution and the Development Agreement
attached thereto, shall be recorded within thirty (30) days of the date of certification of this
Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the
Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith
by the subdivider and City officials and shall entitle such plat to be placed on record forthwith
without further formality, all in compliance with Minnesota Statutes and the Shorewood City
Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 4th day of
December, 1996.
ATI'EST:
Robert B. Bean, Mayor
JAMES C. HURM
City Administrator/Clerk
f'
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
W AITEN PONDS
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this _ day of December, 1996, by and between the CITY
OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and
DAlll...STROM ABINGDON, LLP, a Minnesota Limited Liability Partnership, hereinafter referred
to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A,
attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, Developer proposes to develop the Subject Property by means of a Planned
Unit Development ("P.U.D.") consisting of 10 single-family residential lots and 4 outlots; and
WHEREAS, the Developer has made application for rezoning to a Planned Unit
Development (P.U.D.) District with the Zoning Administrator and submitted a Concept Plan and
Development Stage Plan for the property, which matters were considered by the City Planning
Commission at a public hearing held on 17 September 1996, and at a second public hearing held
by the City Council on 14 October 1996; and
WHEREAS upon recommendation of the City Planning Commission, the City Council did
consider and grant Concept Plan and Development Stage Plan approval as set forth in Resolution
No. 96-95; and
WHEREAS, the Developer has filed with the City the Final Plat for "Watten Ponds", a
copy of which plat is attached hereto and made a part hereof as Exhibit B; and
NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained
herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in Resolution No. 96-95, incorporated herein
as Exhibit C-l through C-5. In addition, development of the P.U.D. is subject to the requirements
of the R-IA, Single-Family Residential zoning district, except a modified herein.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
(e ) Wetland buffer/Setback:
30 feet
40 feet
10 feet
35 feet*
35/15 feet**
* For purposes of this P.U.D. the front of Lot 1, Block 1 shall be the southerly lot
line abutting the new street
**The wetland buffer for Lots 4-7, Block 3 shall be 40 feet
(02) Maximum building height shall be two and one-half stories or 35 feet, whichever is
less.
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(03) Use of Outlots within the plat: Outlots A,B,C,and D shall be deeded to the City for
drainage and wetland conservation purposes.
(04) The Developer shall comply with the requirements of Shorewood's wetland code
(Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et.
seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas
adjacent to wetlands be maintained in their natural state.
(a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands.
(b) Natural vegetation shall be maintained in wetland buffer strips. Where
disturbed by site development, wetland buffer strips shall be restored with natural
vegetation.
(c ) Wetland buffer strips shall be identified within each lot by permanent
monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland buffer
strip and as necessary to establish required setbacks from the wetland buffer strip.
Monuments shall be placed within 60 days of completion of site grading or prior to
issuance of a building permit, whichever occurs first.
(e) The Developer shall record with the Hennepin County Recorder or Registrar
of Titles, a notice of the wetland buffer requirement against the title of each lot with
a required wetland buffer strip.
(f) No structures, including, but not limited to, decks, patios, and play
equipment may be located in the wetland buffer strip or the required wetland
setback area, except that fences shall be allowed within the wetland setback area.
(05) Resubdivision of Lot 7, Block 3. The Developer shall record a deed restriction
against Lot 7, Block 3 stating that it will not be resubdivided in the future.
(06) Individual building sites, including private driveways, are to be custom graded to
preserve the maximum number of trees on each site. Each building site must have an
individual grading plan separately approved by the City Engineer prior to a building permit
being issued.
(07) The Developer shall include a provision within the protective covenants for the plat
which prohibits the use of any fertilizer within the wetland buffer areas, and which limits
the use of fertilizers within the remainder of the plat to non-phosphorous types of
fertilizers.
2.) Improvements Installed by Developer - Developer agrees at its expense to construct,
install and perform all work and furnish all materials and equipment in connection with the
installation of the following improvements:
(01) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
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(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities;
(06) Watermains and service connections;
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(07) Street name signs and traffic control signs;
(08) Required landscaping and reforestation;
consistent with the plans and specifications prepared by McCombs Frank Roos Associates, Inc.,
dated 7 November 1996, and received and approved by the City Engineer.
It is understood that the above improvements do not include any of the "Public Improvements" to
be constructed by the City in extending City water to the property. It is further understood that
underground utility lines, including gas, electric, telephone, and television cable shall be installed
by the respective private utility companies pursuant to separate agreements with the Developer.
3.) Final Plat. Gradin~. Draina~e and Utilily Plan. Buildin~ Plan - The Developer has
fIled with the City Clerk the final plat titled Watten Ponds for the development of the Subject
Property.. Said plat is attached hereto and made a part hereof as Exhibit B. Said fmal plat, together
with the grading, drainage, and utility plans, referenced in paragraph 2 above and this
Development Agreement, is herewith adopted and approved by the City as the Developer's final
plan for development of the property.
4.) Pre-construction Meetin~ - Prior to the commencement of construction, Developer
or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall.
Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties
specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements set forth
in paragraph 2 above, shall equal or exceed City standards, shall be constructed and installed in
accordance with engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that all of said work shall be subject
to fmal inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of said
improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form of a
bar chart indicating the proposed progress schedule and order of completion of work covered by
this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be
performed to be completed by 1 October 1997, except for the fmal wear course of the street, which
shall be completed by 15 June 1998. Upon receipt of written notice from the Developer of the
existence of causes over which the Developer has no control, which will delay the completion of
the work, the City, at its discretion, may extend the dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of the
Improvements, Developer shall cause its engineer to prepare and fIle with the City a full set of "as-
built" plans, including a mylar original and two (2) black line prints, showing the installation of the
Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period
shall suspend the issuance of building permits and certificates of occupancy for any further
construction within the plat.
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9.) Easements - Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of the sanitary sewer, storm sewer, surface water
drainage facilities and watermains within the plat, and thereafter promptly assign said easements to
the City.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described improvements and
delineation of the wetland buffer areas. In order to ensure that the completed improvements
conform to the approved plans and specifications, the City will provide for resident inspection as
determined necessary by the City Engineer.
12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide
grading, drainage and erosion control plans to be reviewed and approved by the City Engineer.
Said plans shall provide for temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation
and erosion of lands and streets within and outside the plat during all phases of construction.
Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting
from construction therein by the Developer, its agents or assignees.
Prior to issuance of building permits within the plat the City shall require escrow deposits of $500
for each lot to ensure that erosion control barriers, construction limits and tree preservation
measures are continually maintained. If builders fail to maintain said barriers, limits or tree
preservation measures the City may cause its agents to enter the Property and perform such
maintenance. Said escrows shall be used to reimburse the City for any expense incurred in
maintaining such barriers, limits and measures.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform
Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2 are completed and approved by the City Engineer.
16.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied
that all work is completed in accordance with the approved plans and specifications, and the
Developer's engineer has submitted a written statement attesting to same, the City Engineer shall
recommend that the improvements be accepted by the City.
17.) Conveyance of Improvements - Upon completion of the installation by Developer
and approval by the City Engineer of the improvements set forth in paragraph 2 above, the
Developer shall convey said improvements to the City free of all liens and encumbrances and with
warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so
convey said improvements, the same shall become the property of the City without further notice
or action on the part of either party hereto, other than acceptance by the City.
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18.) Replacement - All work and materials performed and .furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a
period of thirty (30) days prior to the expiration of the said one-year period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a
VHS videotape thereof.
19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall
restore all City streets and other public facilities and any private properties disturbed or damaged as
a result of Developer's construction activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the City
in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement, for
which reimbursement is expected from the City, unless such work is first ordered in writing by the
City Engineer as provided in the specifications. Any such work or materials which may be done or
furnished by the contractor without such written order first being obtained shall be at its own risk,
cost and expense.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring
and guaranteeing to the City that the improvements to be constructed, installed and furnished by the
Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according
to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as
required in paragraph 8 and that the Developer pay all claims for work done and materials and
supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the
City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal
to 150% of the total cost of said Improvements estimated by the Developer's engineer and
approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of
one year following the completion of the required improvements. The deposit or letter of credit
may be reduced in amount at the discretion of the City upon approval by the City Engineer of the
partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to
an amount less than 125% of the cost of the remaining Improvements. At such time as the
Improvements have been approved by the City, such deposit or letter of credit may be replaced by
a maintenance bond.
23.) Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work of
their subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The
City shall be named as additional insured on said policy and the Developer shall fIle a copy of the
insurance coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 2
above, the Developer shall fIle with the City a certificate of such insurance as will protect the
Developer, his contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota.
5
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and
shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the
Minnehaha Creek Watershed District, and Metropolitan Council Environmental Services before
commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release
of the final plat by the City, make a cash payment to the City in the sum of $9000 ($1000 for each
lot) as local sanitary sewer access charges. Credit has been given for Lot 2, Block 3 with the
existing house on it.
26.) Municipal Water Charges - Developer agrees that a special assessment will be levied
against all lots in the amount of five thousand dollars ($5000) per lot for City water. Developer
further agrees to pay trunk charges in the amount of five thousand dollars ($5000) per lot to be
levied against all lots, except Lot 2, Block 3. Developer has requested, and the City agrees, that
these charges and the special assessments will be paid as an assessment against each lot and will be
paid over a period of not to exceed fifteen (15) years at an interest rate not to exceed seven percent
(7%).
27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City,
make a cash payment to the City in the sum of $9000 (9 x $1000) for the Park Fund. Credit has
been allowed for Lot 2, Block 3.
28.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as contemplated
by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and
communications to each of them shall be addressed as follows:
To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY &
LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
Anthony Eiden
Dahlstrom Abingdon, LLP
4100 Berkshire Lane
Plymouth, MN 55446
With a Copy to:
To the Developer:
29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment
addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become
fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the
purpose of developing the property. Developer agrees that in the event Developer's ownership in
the property should change in any fashion, except for the normal process of marketing lots, prior
to the completion of the project and the fulfillment of the requirements of this Agreement,
6
Developer shall forthwith notify the City of such change in ownership. Developer further agrees
that all dedicated streets and utility easements provided to City shall be free and clear of all liens
and encumbrances.
30.) Indemnification - The Developer shall hold the City harmless from and indemnify
the City against any and all liability , damage, loss, and expenses, including but not limited to
reasonable attorneys' fees, arising from or out of the Developer's performance and observance of
any obligations, agreements, or covenants under this Agreement. It is further understood and
agreed that the City, the City Council, and the agents and employees of the City shall not be
personally liable or responsible in any manner to the Developer, the Developer's contractors or
subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising out
of or by reason of the execution of this Agreement or the performance and completion of the work
and Improvements hereunder.
31.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include
the City as a signatory thereto, for review and approval by the City prior to recording.
32.) Remedies Upon Default -
(01) Assessments. In the event the Developer shall default in the performance of any of
the covenants and agreements herein contained and such default shall not have been cured
within thirty (30) days after receipt by the Developer of written notice thereof, the City may
cause any of the improvements described in paragraph 2 above to be constructed and
installed or may take action to cure such other default and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative expense incurred by the City
to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which
case the Developer agrees to pay the entire amount of such assessment within thirty (30)
days after its adoption. Developer further agrees that in the event of its failure to pay in full
any such special assessment within the time prescribed herein, the City shall have a specific
lien on all of Developer's real property within the Subject Property for any amount so
unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for
the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event
of an emergency, as determined by the City Engineer, the notice requirements to the
Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in
their entirety, and the Developer shall reimburse the City for any expense incurred by the
City in remedying the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the improvements described in
paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance of
any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
7
(03) Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or to prevent
use or occupancy of the proposed dwellings.
33.) Headings - Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
34.) Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
35.) Execution of Counteq>arts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
36.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
37.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective legal
representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the day and year first above written.
DAHLSTROM ABINGDON, LLP
CITY OF SHOREWOOD
By:
By:
Its: Mayor
Its: Partner
ATTEST:
By:
Its: Partner
City Administrator/Clerk
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 1996, before me, a Notary Public within and
for said County, personally appeared Robert B. Bean and James C. Hurm to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said
instrument was signed and sealed on behalf of said corporation by authority of its City Council,
8
and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and
deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 1996, before me, within and for said County,
personally appeared Terrance P. Dahlstrom, the President of Dahlstrom Companies, Inc., a
Minnesota Corporation, one of the Partners of Dahlstrom Abingdon, LLP, a limited liability
partnership under the laws of Minnesota, on behalf of the partnership, and said Partner
acknowledged that this instrument is the free act and deed of said partnership.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 1996, before me, within and for said County,
personally appeared Anthony Eiden, the President of Abingdon Development Corporation, a
Minnesota Corporation, one of the Partners of Dahlstrom Abingdon, LLP, a limited liability
partnership under the laws of Minnesota, on behalf of the partnership, and said Partner
acknowledged that this instrument is the free act and deed of said partnership.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes A venue South
Minneapolis, Minnesota 55431
(TJK)
9
Legal Description:
"That part of Block 4, Mann's Addition to Birch Bluff, Lake Minnetonka, lying north
of the South 360.57 feet thereof, as measured along the east and west line thereof, and
lying south of a line described as follows: beginning at a point on the east line of Block
4, a distance of 458.57 feet north from the Southeast comer of said Block 4, thence
west 220 feet parallel with the south line of Block 4; thenc~ southwesterly to a point on
the west line of Block 4, a distance of 376 feet north from the southwest comer thereof,
and there terminating.
ALSO
The North 105.00 feet of the South 360.57 feet of Block 4, Mann's Addition to Birch
Bluff, Lake Minnetonka, as measured along the east and west lines thereof, Hennepin
County, Minnesota.
ALSO
The South 255.57 feet of Block 4, Mann's Addition to Birch Bluff, Lake Minnetonka,
as measured along the east and west lines thereof, Hennepin County, Minnesota.
ALSO
The Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 32,
Township 117, Range 23, containing in all 10 acres of land more or less, according to
the U.S. Government Survey thereof, according to the plat thereof, on file and of
record in the office of the Register of Deeds in and for said County of Hennepin."
Exhibit A
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Exhibit B
CITY OF SHOREWOOD
RESOLUTION NO. 96-95
A RESOLUTION APPROVING CONCEPT AND DEVELOPMENT STAGE
PLANS FOR WATTEN PONDS P.D.D.
WHEREAS. Dahlstrom Abingdon LLP (Applicant) has an interest in real property located
in the City of Shorewood, County of Hennepin. legally described in Exhibit A. attached hereto and
made a part hereof; and
WHEREAS. the Applicant has applied to the City for approval of a rezoning of the
property from R-1A, Single-Family Residential to R-1C. Single-Family Residential, and a
conditional use permit for his Concept Stage Plans for the construction of a residential planned unit
development Known as Watten Ponds P.U.D., containing twelve (12) single-family lots on
approximately 14.7 acres of land; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
27 February 1996 and 2 March 1996; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in memoranda to the Planning Commission, dated 1 March
1996; and
WHEREAS, the Planning Commission conducted a public hearing on the request on
4 March 1996, after which it recommended to the City Council that the request be denied; and
WHEREAS. in his letter, dated 22 May 1996. the Applicant requested that the City
Council not take action on his request and that a revised application be referred back to the
Planning Commission; and
WHEREAS, the Applicant applied for a rezoning of the property from R-1A, Single-
Family Residential to P.U.D.. Planned Unit Development District, and requested approval of
Concept and Development Stage Plans for the construction of ten (10) single-family residential
lots; and
WHEREAS. the Applicant's revised plans were reviewed by the City Planner and his
recommendations were duly set forth in a memorandum to the Planning Commission. dated
21 June 1996; and
. WHEREAS, the Applicant's revised plans were reviewed by the City Engineer and his
recommendations were duly set forth in a memorandum to the Planning Commission. dated
30 August 1996; and
WHEREAS, after taking additional public testimony,the Planning Commission. at its
regular meeting of 17 September 1996 recommended approval of Concept and Development Stage
Plans for the Watten Ponds P.U.D.. subject to conditions; and
Exhibit C-l
. ~REAS: the Applican~' s revised plans were considered by the City Council at a
publIc heanng at theIr regular meettng of 14 October 1996, at which time the City Planner's
memor~dum, the City Engineer's memorandum, and the minutes of the Planning Commission
were revIewed, and comments were heard by the City Council from the Applicant, the staff and
members of the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the existing zoning of the property is R-1A, Single-Family Residential and that
the northerly portion of the property is also subject to the requirements of the S, Shoreland
(overlay) District.
2. That the total area of the property is approximately 14.7 acres, consisting of three
parcels, two of which are occupied by existing single-family dwellings, and of which
approximately 4.9 acres are City-designated wetlands.
3 . That the Applicant proposes to remove the existing dwelling on the northerly parcel,
and subdivide the entire property into 10 single-family lots, one of which will have the remaining
existing dwelling on it.
4. That the lots range in size from 20,277 to 144,416 square feet in area and average
36,330 square feet in area.
5. That the proposed net density of 1.05 units per 40,000 square feet is consistent
with the Shorewood Comprehensive Plan which recommends a density of one to two units per
40,000 square feet for the property.
6. That a wetland delineation report was prepared by the Applicant's engineers, which
identified additional wetlands on the property which are protected by the Wetland Conservation Act
(WCA).
7. That the Applicant has designated all wetland areas on the property as outlOts to be
dedicated to the City of Shorewood.
8 . That the Applicant proposes to construct a retention pond in the northwest comer of
the property, which pond will be constructed to National Urban Runoff Program (NURP)
standards.
9. That the NIinnehaha Creek Watershed District (MCWD) has approved the
Applicant's Permit Application No. 96-158, dated 19 September 1996, subject to conditions.
10. That the property is significantly wooded and is characterized by steep topography
in the southwest portion of the property.
11. That the Applicant has submitted a detailed tree inventory of the property, consistent
with Shorewood's Tree Preservation and Reforestation Policy.
12. That the revised plans for the property propose to protect a row of large evergreen
trees on the south side of the proposed road and a stand of large maple trees in the northeast comer
of the site.
2
Exhibit C- 2
CONCLUSIONS
A. That the density of the proposed plan is within the !roidelines of the Shorewood
Comprehensive Plan and Zoning Code. -
B. That the Applicant's request for Concept and Development Stage P.U.D. approval
for 10 single-family residential lots (including one of the existing homes) is hereby approved.
subject to the following conditions and restrictions:
1. Deed .restrictions shall be recorded against Lot 7, Block 2 stating that it will
not be further divided.
2. The Applicant shall dedicate a conservation easement over the steep slopes
on the west side of Lot 7, Block 2.
3. A minimum 35-foot natural buffer will be maintained adjoining all City-
designated and Wetland Conservation Act wetlands. The natural buffer for Lots 4-7, Block
2 shall be 40 feet
4. A I5-foot structure setback shall be maintained from the buffer areas
referenced in 3. above.
5. The Applicant shall dedicate wetland conservation easements over the City-
designated and Wetland Conservation Act wetlands and the buffer area required in 3.
above.
6. Upon completion of final grading;.the Applicant shall cause his surveyor to
place survey monuments locating the wetland buffer area of each lot.
7. The Applicant shall record deed restrictions against all lots abutting wetlands
restricting fencing, mowing, yard waste disposal and fertilizer application within wetland
buffer areas.
8. Required minimum setbacks within the P.U.D. shall be as follows:
Front:
Rear:
Side:
Side Abutting Street:
Wetland Buffer/Setback:
30 feet*
40 feet
10 feet
35 feet*
35/15 feet**
* For purposes of this P.U.D. the front of Lot I, Block 1 shall be the
southerly lot line abutting the new street
** The wetland buffer for Lots 4-7, Block 2 shall be 40 feet.
9. Prior to any site grading commencing on the property the Applicant must
erect construction and tree preservation barriers adjacent to the most sensitive areas of the
property .
10. Individua1lots shall be custom graded observing the following measures for
each homesite:
a. Submit a tree preservation and reforestation plan with each lot. Initial
staking of the house should include staking of construction barriers.
"
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Exhibit C-3
b. Tree preservation plans should indicate trees to be saved and where
construction barriers and fencing will be located. The preservation plan
must indicate what type of warning signage will be placed around tree
protection areas.
c. Building plans shall indicate where utilities will extend into the house.
d. A working zone not exceeding 15 feet should be shown on all building
plans.
e. Building plans must indicate where stockpiled materials will be placed.
f. All building permits shall include a cash escrow to guarantee maintenance of
construction fencing and erosion control barriers. The escrows will be used
by the City to maintain the baniers if the builders fail to do so.
11. The Applicant must submit a landscape and reforestation plan as part of his
final plan submission. Provisions shall be made in the final plans to maximize the amount
of natural vegetation on each homesite.
12. No detached accessory structures or tennis courts shall be allowed on any of
the lots.
C. City Council approval of the Concept and Development Stage Plans is
subject to all applicable standards, regulations, and requirements of the Shorewood City
Code, including, but not limited to the following:
1. Section 1201.25 regarding the procedures for review and approval
of Planned Unit Development zoning districts;
? Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept
plan approval.
D. Approval of the Concept and Developments Stage Plans is not intended, nor
does it act to grant approval of a Final Plan which is required pursuant to Section
1201.25 Subd. 6(d).
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of
October, 1996.
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Robert B. Bean, Mayor
ATfEST:
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JJ C. ;,1/~
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J .. C. Hurm, City Administrator/Clerk
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4
Exhibit C-4
Legal Description:
"That part of Block 4, Mann's Addition to Birch Bluff, Lake :Minnetonka, lying north
of the South 360.57 feet thereof, as measured along the east and west line thereof, and
lying south of a line described as follows: beginning at a point on the east line of Block
4, a distance of 458.57 feet north from the Southeast comer of said Block 4, thence
west 220 feet parallel with the south line of Block 4; thence southwesterly to a point on
the west line of Block 4, a distance of 376 feet north from the southwest comer thereof,
and there terminating.
ALSO
The North 105.00 feet of the South 360.57 feet of Block 4, Mann's Addition to Birch
Bluff, Lake Minnetonka, as measured along the east and west lines thereof, Hennepin
County, Minnesota.
ALSO
The South 255.57 feet of Block 4, Mann's Addition to Birch Bluff, Lake :Minnetonka,
as measured along the east and west lines thereof, Hennepin County,l\Ifinnesota.
ALSO
The Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 32,
Township 117, Range 23, containing in all 10 acres of land more or less, according to
the U.S. Government Survey thereof, according to the plat thereof, on file and of
record in the office of the Register of Deeds in and for said County of Hennepin."
Exhibit A
Exhibit C-5
~-15-9g FRI 12:15
p, 05
"
DECLARATION OF COVENANTS AND RESTRICTIONS
WArrEN PONDS
THIS DECLARATION is made this day of ,1996 by
Dahlstrom Abingdon, LLP, a Minnesota Limited PartnerShip ("Developer').
RECITALS
A. Developer is the owner of the real property legally described in Article
I, Section I, and referred to herein as the "Property."
8. Developer proposes to develop the Property with subdivision
improvements for single family detached homes.
C. The lands that Developer does develop and the improvements on
such land will require uniform and continuing covenants, conditions,
restrictions, reservations and easements for the benefit and
enjoyment of the present and future Owners thereof.
D. The Developer desires to subject to this Dedaration all of the
Property.
DECLARATION
NOW, THEREFORE, Developer hereby declares that the Property is and shall be
transferred, held, sold, conveyed, occupied and developed subject to the following
covenants. conditions. restrictions, reservations and easements which are for the
purpose of protecting the value and desirability of said land and which shall run with
said land and be binding upon all parties having any right, title or interest in said land
or any part thereof, and their respective heirs. successors and assigns, and shall
inure to the benefit of each owner thereof.
ARTICLE 1
GENERAL DEFINITIONS
Section 1. Definitions of Land.
"Property" means the parcels of land legally described as follows:
Lots 1 through 2, Block 1
Lot 1, Block 2
Lots 1 through 7, Block 3
Outlot A. Outlot B, Outlot C, and Outlot D
Watten Ponds, City of Shorewood. Hennepin County, Minnesota
1
'WOV-15-a6 FRI 12: 15
p, 06
"Lor means each of the following.platted Lots:
Lots 1 through 2, Block 1
Lot 1, Block 2
Lots 1 through 7, Block 3
Watten Ponds, City of Shorewood, Hennepin County, Minnesota
Section 2. Definitions
"Association" means the Watten Ponds HomeOwners Association, Inc. a
Minnesota nonprofit corporation, its successors and assigns.
"Board" means the Board of Directors of the Watten Ponds HomeOwners
Association.
"City" means the City of Shorewood, a Minnesota municipal Corporation.
"Developer" means Dahlstrom Abingdon, LLP, a Minnesota Limited
Partnership, or its successors and assigns, if such successors or assigns
should acquire a majority of the Lots owned by the Developer at the time
of the acquisition, whether the acquisition is by sale, foreclosure of a
mortgage, deed in lieu of foreclosure or otherwise.
"Member" means an Owner in his capacity as a member of the
Association as provided in Article V.
"Owner" means the record owner, whether one or more persons or
entities, of the fee simple title to any Lot except that, where a Lot is being
sold on a contract for deed and the contract vendee is in possession of
the LotI then the vendee and not the vendor shall be deemed to be the
"Owner" .
ARTICLE II
GENERAL COVENANTS AFFECTING ALL LOTS
Section 1. Residential Purposes.
Each Lot shall be used only for one single family detached house and
other Residential Improvements (as defined in Article IV, Section 1 of this
Declaration). No Lot may be used for licensed or unlicensed Day care
facilities, public or private schools. or commercial agriculture: even such
uses may be permitted by applicable zoning ordinances. No Lot may be
used for any commercial purpose, except that Lots or portions of Lots may
be used by Developer and other professional home builders pursuant to
Art\c\e \\ I Section 15 of this Declaration ana by Lot Owners for home
2
NOV-15-96 FRI 12:16
P.07
occupations that are permitted by the applicable zoning ordinances and
not prohibited by the preceding sentence.
Section 2. Building Specifications
a. Height. No dwelling shall be erected, altered or placed on a lot or
permitted to remain there other than one detached single-family house
not to exceed two stories in height, as measured from grade. If the
house included a walk-out basement, the basement shall not be
counted as a story.
b. Garages. Each house shall have three or more fully-enclosed
garages, but no carports or detached garages, except the existing
detached garage on Lot 2, Slack 1.
c. Storage Structures. No attaChed or detached structures for storage
purposes are permitted.
d. Completion. Each house or other structure constructed or placed on a
Lot shall be completely finished on the exterior thereof within nine
months after commencement of construction.
e. Floor Areas. If the house has one story, excluding any walkout
basement, the first floor area shall be at least 2,000 square feet. If the
house has two stories, excluding any walkout basement, the first floor
area shall be at least 1,400 square feet and the total area of the first
and second floor shall be at least 2,800 square feet. The first floor
area described in the preceding two sentences shall be exclusive of
breezeways, open porches and garages. If a house is a split-level
house, then the first two levels higher than the basement shall be
considered to be the first story and the next two higher levels shall be
considered the second story.
Section 3. Setbacks.
Building setbacks from all Lot lines shall comply with City ordinances, as
modified by any applicable planned unit development special use permit
or by Article II of this Declaration.
Section 4. Nuisance
No noxious or offensive trade or activity shall be conducted upon any Lot,
nor shall anything be done thereon which may be or become an
annoyance or nuisance to the Property.
Section 5. Prohibited Dwellings.
3
NOV-15-96 FRI 12:16
p, 08
No structure of a temporary character, trailer, tent, shack, garage, barn, or
other outbuilding shall be used on any Lot at any time (either temporarily
or pennam:mtly) as a dwelling.
Section 6. Windmills.
No ornamental, operational or other windmill shall be contracted, erected,
installed, placed or used on any Lot at any time.
Section 7. Antennas.
No exterior antenna, aerial, tower, wire, line, cable, dish or other device
for transmitting or receiving radio, television, microwave, laser or other
electromagnetic signals ("antenna") shall be constructed, erected,
installed, placed or used on any Lot without the written permission of the
Architectural Control Committee. The Architectural Control Committee
shall deny permission if the antenna is visible from any public street
adjoining the Lot and may deny permission if it determines, in its sole
discretion, that the antenna would be offensive to the sight, taking into
account the visibility of the antenna during all seasons of the year from
other Lots in the Subdivision, Lots in adjoining subdivisions and Lots in
other subdivisions nearby. Any fence, wall or other structure intended to
shield an exterior antenna from sight shall be subject to review by the
Architectural Control Committee.
Section 8. Animals.
No animals, livestock, or poultry of any kind shall be raised. bred or kept
on any Lot, except that dogs, cats and other household pets may be kept,
provided that they are not kept, bred, or maintained for any commercial
purposes.
Section 9. Driveway; Parking; Vehicles.
All driveways and parking areas constructed on any Lot shall be paved
with an asphalt, brick, concrete or bituminous surface. Operable
automobiles may be kept, stored or parked only on paved driveways, on
paved parking areas, or in enclosed garages. Other vehicles shall be
kept, stored or parked only in enclosed garages. "Other vehicles" means
all motorized and all non-motorized vehicles except operable automobiles,
including (without limitation) the following: automobiles are inoperable,
trucks, buses, vans, recreational vehicles, all terrain vehicles,
ambulances, hearses, motorcycles, motorbikes, bicycles, snowmobiles,
Jet skis, canoes, boats, and other watercraft, aircraft, house trailers,
camping trailers, other trailers, lawn mowers, lawn tractors, over-the-road
tractors, and other tractors. Notwithstanding the foregoing prohibition,
4
Ndv-15-96 FRI 12:17
P. 09
guests of the owner of a Lot visiting for less than 15 days in any period
may park their vehicles on unenclosed paved areas of the Lot.
Section 10. Rubbish.
No Lot shall be used or maintained as a dumping ground for rubbish
except during construction of subdivision improvements and. houses.
Trash, garbage and other waste shall be kept in sanitary containers.
Section 11. Signs.
No signs of any kind shall be displayed to the public view on any Lot
except as follows:
a. One sign no larger than 6 square feet in area may be placed on
each Lot advertising the Lot for sale, unless the Lot is a comer Lot,
in which case one such sign for each side of street frontage is
permitted.
b. During the initial construction and sales period of the Property one
additional sign no larger than 6 square feet in area may be placed
on any Lot containing a model home.
Section 12. Utility, Drainage, Wetland and Conservation Easements.
Easements for installation and maintenance of utilities and drainage are
reserved as shown on the recorded plat of the Property. Easements for
Wetlands, Wetland Buffers and Conservation are shown on the recorded
plat and/or recorded by separate written instrument.
Section 13. Soil Removal.
No sod, soil, sand or gravel shall be sold or removed from any Lot,except
for the purpose of excavating for the construction or alteration of a home
on the Lot or appurtenances thereto, or for the proper grading thereof. or
for road improvements.
Section 14. Clothes Lines.
No exterior clothes line, clothes rack, or other device for drying or hanging
clothing or other laundry shall be constructed. erected. installed, placed or
used on any Lot at any time.
Section 15. Rights of Developer and Home Builder.
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NOV-15-96 FRI 12:18
P. 10
Until the last Lot within the Property is sold and conveyed to any owner
other than Developer or a professional home builder, the following actions
by said persons will not be deemed violations of the foregoing restrictions:
a. The use of house for model and sales office purposes;
b. The storage of equipment, materials and earth during the
construction of new house; and
c. The display of signs of any legal size advertising Lots or houses in
the Property.
Section 16. Leases.
Any lease between an Owner and a tenant:
(I) Shall be in writing; (ii) shall provide that the terms of the lease are
subJect in all respects to the provisions of this Declaration and to the
provisions of the Articles of Incorporation, By-Laws and Rules and
Regulations of the ASsociation; and (iii) shall provide that failure by the
tenant to comply With the terms of such documents shall be a default
under the lease.
Section 17. Restoration of Lots.
Every area on each Lot where natural vegetation has been removed but
not replaced with . improvements or landscaping must be completely
restored with erosion-preventing vegetation. If a Certificate of Occupancy
for a house is issued between January 1 and August 31 (inclusive) of a
given year, the erosion-preventing vegetation on the Lot must be installed
by November 1 of that year. If a Certificate of Occupancy for a house is
issued between September 1 and December 31 (inclUSive) of a given
year, the erosion-preventing vegetation on the Lot must be installed by
August 1 of the following year. Sod shall be used for the restoration of all
yards adJoining public streets. Said sod shall begin at the curb of the
public street and extend at least as deeply into the Lot as the distance
from the curb to the house on the Lot.
Section 18. Roofing,
All buildings constructed on any lot within the Property shall be. roofed with
cedar shakes or "Horizon" quality asphalt shingles.
Section 19. Detached Uses and Structures.
No detached structures or tennis courts shall be permitted on any lot
except the existing detached garage on Lot 2, Block 1.
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NOV-15-96 FRI 12:19
P. 11
ARTICLE III
SPECIAL COVENANTS AFFECTING CERTAIN LOTS
Section 1. Entrance Improvements.
a. Special Definitions. The following special definitions shall apply to this
Article III, Section 1.
"Entrance Improvements" means monuments, signs, walls, fences,
landscaping (vegetation and structures), lighting, sprinkler system,
utility lines and related improvements at the entrance to the property.
"Entrance Lots" means Lot 1, Block 1 and Lot 1. Block 2.
b. Rights and Obligations of the Developer.
The Developer hereby reserves easements in favor of itself, giving the
Developer the right but not the obligation to install, operate, maintain,
repair and replace Entrance Improvements on the Entrance Lots. The
Developer shall not have the right to remove Entrance Improvements
without replacing them.
c. Rights and Obligations of the Association.
The Developer hereby grants to the Association easements to install.
operate. maintain. repair and replace Entrance Improvements on the
Entrance Lots. The Association shall have the right but not the
obligation to install any Entrance Improvements within the Entrance
Lots. If the Developer or the Association installs any Entrance
Improvements, the Association shall have the right and the obligation
to operate, maintain, repair and replace them. The Association shall
have the right to remove any Entrance Improvements without
replacing them, but only when the Developer no longer owns any Lot.
d. Maintenance Requirements.
(1) In connection with Entrance Improvements, Maintenance of
vegetation shall include (without limitation) watering, fertilizing.
weeding. cutting, trimming and raking the lawn. trimming and
pruning trees and shrubs, removing all debris, including dead
wood, leaves, grass and litter, and replacement of diseased or
dead trees and shrubs.
7
NOV-15-96 FRI 12:19
P.12
(2) Maintenance of a sprinkler system shall include, without limitation,
preventing the freezing of any pipes in the system by draining the
pipes each autumn.
(3) Maintenance of every other Entrance Improvement shall include
whatever is necessary to keep it in good operating order and good
appearance.
Outlots A, B, C, and D, WATTEN PONDS are wetlands. Outlots A,
B, C, and D shall be dedicated to the City of Shorewood to remain
in a perpetual natural state as wetland.
Section 3. Wetland Buffer Area
a. Definition.
The area of any lot in Watten Ponds, except Lots 4-7, Block 2,
lying within 35 feet of the edge of any City of Shorewood
designated Wetland as evidenced by topographic maps of the
City of Shorewood as they appear on August 1, 1995. The
heretofore described area of any Lot shall be referred to as the
"Shorewood Wetland Buffer Area". The Shorewood Wetland
Buffer Area on Lots 4.7, Block 2. Watten Ponds shall be 40
feet.
b. Restriction as to Use.
Within the Shorewood Wetland Buffer Area there shall be no
removal of vegetation, no land alterations, no dumping of yard
waste or other waste materials, no fertilization and no
structures.
C. Setback From Wetland Buffer Areas,
All. structures shall be set back a minimum of 15 feet from the
edge of the Shorewood Wetland Buffer Area.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. New Improvements.
8
NOV-15-96 FRI 12:20
p, 13
No Residential Improvements shall be commenced upon any Lot by anyone
except the Developer without approval by the Architectural Control
Committee ("Committee") of the person who will actually perform the
proposed work and of the plans and specifications for the work. Without any
approvals from the Committee, the Developer may perform work upon any
Lot owned by the Developer or owned by a person hired by Developer to
perform the work.
"Residential Improvement" shall mean the clearing of some or aU of the trees
from the Lot, the grading of the Lot, or the construction, erection or installation
of any structure, including (without limitation) the following structures: any
house, garage; any porch, deck or balcony; any fence, wall or gate, any
mailbox, newspaper box or light post, any exterior antenna (as defined in
Article II, Section 7); any patio, driveway or parking area; any swimming pool
(whether above ground or below ground). The planting of trees, shrubs and
other plants shall not be deemed Residential improvements,
Section 2. Changed Improvements.
The exterior color, style, and materials of any structure on a Lot shall not be
changed by anyone except the Developer without the prior written approval
by the Committee of the person who will actually perform the proposed work
and of the plans and specifications for the work.
Section 3. Committee Members.
The Committee shall consist of Anthony Eiden and Terrance Dahlstrom until
the date the Developer no longer owns any Lot. Thereafter the Committee
shall consist of three individuals appointed by the Board of Directors of the
Association.
Section 4. Committee Chairman.
The Committee shall appoint one of its members to be its chairman. The
chairman shall call meetings of the Committee. After the date the Developer
no longer owns a Lot a quorum of the Committee shall consist of two of its
members. After the date the Developer no longer owns a Lot the Committee
may act upon the vote or written consent of any two of its members. The
chairman of the Committee is authorized to execute certificates of approval,
notices of disapproval and similar instruments effectuating decisions of the
Committee.
Section 5. Submission of Plans and Specifications.
At least fourteen (14) days before work on a Lot is commenced, the Owner of
the Lot shall submit to the Committee one complete set of plans and
~p~c\f\cnt\QnS \\nC\u(\\f\~ w'!\T!O\.'l\ \\m)\~\)t)n, 'ill\\ s\\s ?\ems, grati\ng anti
9
NOV-15-96 FRI 12:21
P. 14
drainage plans. building elevations, roof pitches, exterior colors and
materials), along with the names of the builder who will actual perform the
proposed work.
Section 6. Review of Plans and Specifications.
Within fourteen (14) days after receipt of plans and specifications and the
name of the builder. the Committee shall approve or disapprove them in
writing. The Committee's approval of plans and specifications shall not
constitute any representation, warranty or assurance that they comply with
applicable municipal codes and ordinances. The committee may disapprove
a home builder if the Committee determines, in its sole discretion, that the
home builder does not meet the Committee's standards of credit worthiness
and/or does not usually build homes of the same quality and in the same
price range as the Developer. The Committee may disapprove a builder of
any other residential improvements if the Committee determines, in its sole
discretion. that the builder is not a highly qualified builder of the proposed
Residential Improvement. The Committee may disapprove plans and
specifications only for one or more of the following reasons:
a. Non-Compliance.
Non..compliance with this Declaration, municipal ordinances or
other governmental regulations.
b. Incompatibility with the Lot.
Failure of the proposed Residential Improvement to be compatible
with the Lot upon which it is to be built, in terms to topography, soils
and existing vegetation.
c. Incompatibility With the Property.
Failure of the proposed Residential Improvement to be compatible
with the houses and other structures in the Property built by or to
be built by the Developer or already built by anyone, in terms of
style. general size, height, and width, quality of construction,. price
range and obstruction of views.
d. Inadequate Information.
Failure of the plans and specifications to show all information
necessary to evaluate the foregoing characteristics.
The Committee's determinations concerning the builder and plans and
specifications shall be conclusive. If the Committee disapproves the
builder or the plans and specifications, it shall state in writing the reason
for such disapproval and, in the case of the plans and specifications, the
deficiencies which must be cured to obtain approval.
Section 7. Remedies Against Owners.
If any work is commenced without the Committee's approval of the builder
~"QJCT S'P'PTC\)~\ C' t"',= iJ\~ns and speCttlca'ttOnS, or W any work is completed
10
NOV-15-~6 FRI 12:21
P. 15
not in accordance with approved plans and specifications, any Owner of a Lot
may bring an action to enjoin further work and to compel the owner to
conform the work with plans and specifications approved by the Committee.
Any such action must be commenced and a notice of lis pendens must be
filed within ninety (90) days after the date on which the certificate of
occupancy is issued by the appropriate municipal authority, in the case of a
house, or within ninety (90) days after the date of completion, in the case of
any other work.
Section 8. Remedies Against Committee.
In the event that the Committee and/or the members of the Committee shall
fail to discharge their respective obligations under this Article IV. then any
Owner of a Lot may bring an action to compel the discharge of said
obligations. Any such action must be commenced within ninety (gO) days
after the date on which the building permit is issued by the appropriate
municipal authority, in the case of a house, or within ninety (90) days after the
date of completion, in the case of any other work. Such an action shall be the
exclusive remedy of any Owner of a Lot for failure of the Committee and/or its
members to discharge such obligations. Under no circumstances shall
Developer, the Committee or members of the Committee be liable to. any
person for damages (direct, consequential or otheM'ise).
Section 9. Retention of Records.
The Committee shall retain, for a periOd of three (3) years,all plans and
specifications submitted to it and a record of all actions taken with regard to
them.
ARTICLE V
INCORPORATION AND ACTIVATION OF THE ASSOCIATION
Section 1. Incorporation.
The Developer shall incorporate the ASSOCiation as follows:
a. The Association shall be incorporated as a Minnesota nonprofit
corporation in full compliance with all applicable statutes and
regulations.
b. The name of the Association shall be "Watten Ponds HomeOwners
Association. [nc" , if that name if available at the time of
incorporation; otherwise the Developer may choose a name in its
discretion.
c. The articles, by-laws and other organizational documents of the
Assoc\aYlon shall complY wWn the preval)lng standards for
I I
NDV-15-96 FRI 12:22
P. 16
d.
homeowners associations for single family subdivisions in the
MinneapoUs-St. Paul Standard Metropolitan Statistical Areas as of
the date of incorporation.
Each and every Owner of a Lot shall be a Member of the
Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot.
The Association shall have only one class of membership.
Members shall be entitled to one vote for each Lot owned, shall
have the right to attend membership meetings, and shall be
subject to assessments and liens pursuant to Article V of this
Declaration.
When more than one person owns any Lot, all such persons shall
be Members. The vote for such Lot shall be exercised as they
detennine. but in no event shall more than one vote be cast with
respect to any Lot Upon becoming an Owner, each Owner shall
register his address with the Secretary of the Association and, if a
Lot is owned by multiple Owners, they shall at that time register
with the Secretary their written agreement as to how they will share
their votes among themselves and how they shall resolve any
voting conflicts among themselves. Such a voting agreement may
be amended at any time by registering with the Secretary a written
amendment thereto executed by aU Owners of the Lot.
e.
f.
Section 2. Activation.
The Developer shall activate the Association no later than December 31,
1998. To activate the Association. the Developer shall do the following.
a. Mail written notice to all Lot Owners and occupants at the
addresses of the Lots, announcing that the Association has been
incorporated and calling an organizational meeting of the
AssoCiation.
b. Conduct an organizational meeting of the Association, at which the
Members shall elect a board of directors and the board of directors
shall elect officers for the Association, adopt by~laws, and adopta
banking resolution. A quorum for the organizational meeting shall
be Members owning at least five (5) Lots.
Section 3. Default by Developer.
If the Developer fails to incorporate and activate the Association as required
by this Article VII within 30 days after written demand by any Owner or group
of Owners, any Owner or group of Owners may incorporate and activate the
Association.
12
NOV-15-96 FRI 12:23
p, 17
ARTICLE VI
CONVENANT FOR GENERAL AND SPECIAL ASSESSMENTS
Section 1. Expenses Before Activation.
Until the Association is activated, the Developer shall bear all expenses that
would othelWise be expenses of the Association, such as the expenses of
maintaining Entrance Improvements and related landscaping. No Owner and
no Lot shall be subject to assessment and lien for any such expenses
incurred before the Association has been activated.
Section 2. Lien.
The Developer, for each Lot, hereby covenants, and each subsequent Owner
of any Lot by acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the
Association.
(1) General assessments or charges, and (2) special assessments for
capital improvements or capital equipment to be owned by the
Association, such assessments to be established anci collected as
hereinafter provided. The general and special assessments,
together with interest, costs, and reasonable attomeys' fees, shall
be a charge upon each Lot and shall be a continuing lien upon
each Lot. General assessments shall become a lien upon eaCh
Lot on the first day of January of the year in which such
assessment is due and payable. Special assessments shall
become a lien on the earliest date any part of the same is due and
payable. General assessments shall be due and payable in a
lump sum or in equal semi-annual, quarterly or monthly
installments, as determined by the board. Special asseSSments
shall be due and payable in a lump sum or in equal periodic
installments as determined by the board.
Section 3. Personal Obligation.
Each installment of a general or special assessment together with interest,
cost and reasonable attorney's fees, shaH be the personal obligation of the
person who was the Owner of such Lot at the time when the installment fell
due. The personal obligatlon for delinquent installments shall not pass to the
Owner's successors in title unless expressly assumed by them. Sale or
transfer of any Lot shall not affect the assessment lien, except as provided in
Section 11 of this Article.
13
NOV-15-96 FRI 12:23
P. 18
Section 4. Purpose of General Assessments.
General assessments shall be imposed for the purpose of promoting the
recreation, health, safety, and welfare of the residents of the Lots and for the
improvement and maintenance of the Subdivision Entrance Improvements
situated upon the easement areas, and may include (but not be limited to)
payment by the Association for the following items.
(a) Utility services;
(b) Taxes and special assessments against the Association's property,
if any;
(c) Income and other taxes levied or assessed against or charged to
the Association, if any;
(d) Premiums for liability and other insurance carried by the
Association, the deductible amount not covered by such insurance
and the additional amounts deposited by the Association or its
Board to repair or restore improvements on the Common Area;
(e) Repair, replacement, construction, reconstruction, alterations,
maintenance, snow removal, and additions to personal property
and improvements owned by the Association;
(f) The cost of labor, equipment, and materials for all work done by or
for the Association; and
(9) Reasonable fees for management and supervision of the Common
Areas.
Adequate reserve funds funded from general assessments and not from
special assessments, shall be maintained for (1) maintenance, repair and
replacement of Subdivision Entrance Improvements which must be replaced
on a periodic basis; and (2) for contingencies, emergencies and working
capital needs.
Section 5. Maximum General Assessments.
Each year after the first full fiscal year of the Association, the Board of
Directors may increase the annual general assessment in an amount not to
exceed the greater of:
(i) five percent (5%) of the previous year's general assessment; or
(ii) the percentage increase in the most recently published U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price
Index, Urban wage Earners and Clerical WorKers, Minneapolis-
Saint Paul Index, All Items, compared to the same index published
twelve months earlier.
Any increase in excess of this amount shall require the approval of a simple
maJority vote of all classes of members who are voting in person or by proxy
at a meeting called for this purpose.
14
NOV-15-96 FRI 12:24
p, 19
Section 6. Special Assessments for Capital Improvements.
In addition to the general assessment authorized above, the Association may
levy special assessments, payable in installments extending up to five years,
for the purpose of defraying, in whole or in part, the cost (not covered by
reserves) of any construction, reconstruction, repair or replacement of:
(i) Subdivision Entrance Improvements
provided that any assessment shall have the assent of a simple majority of
the votes of all classes of members who are voting in person or by proxy at a
meeting. duly called for this purpose.
Section 7. Notice and Quorum for Certain Actions.
Written notice of any meeting called for the purpose of taking any action
authorized under Section 5 or 6 of this Article shall be sent to all Members not
less than 30 days nor more than 60 days in advance of the meeting. At the
first such meeting called, the presence of Members or of proxies entitled to
cast 60% of all the votes of all classes of Members shall constitute a quorum.
The required 60% is not present at the first meeting, a second meeting may
be called subject to the same notice requirement, and the required quorum
at the second meeting shall be 30% of the votes of all classes of Members. If
the required 30% quorum is not present at the second meeting, a third
meeting may be called subject to the same notice requirement, and the
required quorum at the third meeting shall be 15% of the votes of all classes
of Members. No such subsequent meeting shall be held later than 60 days
after the preceding meeting.
Section 8. Uniform Rate of Assessment.
Both general and special assessments shall be fixed at a uniform rate for all
Lots that are subject to assessment.
Section 9. Date of Commencement of General Assessments; Due Dates.
The Board shall fix the amount of the general assessment provided for herein
against each Lot at least fifteen (15) days in advance of each assessment.
The initial general assessment period shali commence as to this Declaration
and run through and including the next succeeding December 31. Each
succeeding general assessment period shall be a calendar year. Written
notice of the general assessment shall be sent to every Owner subject to
assessment.
15
NOV-15-96 FRI 12:25 P,20
Section 10. Effect of Nonpayment of Assessments; Remedies of the
Association.
Any installments Of assessment not paid within fifteen (15) days after its due
date shall bear interest from the due date at the rate of eight (8%) per annum.
The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclosure by action the lien against the Lot in
the same manner as a real estate mortgage may be foreclosed. No owner
may waive or otherwise escape liability for assessments by abandonment of
the Owner's Lot.
Section 11. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be subordinate to the
lien of any first mortgage. While the transfer of any Lot generally does not
affect the assessment lien, the foreclosure of any such mortgage or any
proceeding in lieu thereof or deed in lieu of foreclosure, shall extinguish the
lien of such assessments as to payments which became due prior to such
foreclosure or proceeding in lieu thereof or which become due during any
period of redemption and, if the assessments for which the liens were
extinguished cannot be collected in a action against the person personally
obligated to pay them, the Association shall bear such assessment as a
common cost. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
Section 12. Certificate of Payment.
The Association shall, upon demand and free of charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessments
on a specified Lot have been paid in full and, if not paid in full stating which
assessments are unpaid. A properly executed certificate of the Association
as to the status of assessments on a Lot shall be binding upon the
Association as of the date of its issuance.
ARTICLE VII
ADDITIONAL RIGHTS OF MORTGAGEES
Section 1. Notice of Meetings.
The holder of a mortgage of record against any Lot, upon written notice to the
Association advising it of such mortgage interest and its mailing address,
shall be given written notice by the Association of all regular and special
meetings of the members and of the Board of Directors of the Association;
but failure to give such notice to any or all such mortgagees shall not
invalidate or affect, in any way, such meeting, jf otherwise duly called and
held,
16
NOV-15-96 FRI 12:26
P.21
Section 2. No Suspension of Rights.
Any voting rights which are suspended as to any Owner and that Owners
employees, licensees. invitees, tenants and guests, pursuant to this
Declaration, or pursuant to the By-Laws of the Association. shall not be
suspended as to any mortgagee or other person who becomes an Owner by
virtue of mortgage foreclosure or by any transfer of title in lieu of foreclosure,
because of any default or failure of the prior Owner.
Section 3. Notice of Defaults.
The holder of any mortgage of record against any Lot, upon written request
given by the holder of such mortgage to the Association may request written
notice by the Association advising them of all defaults of the Owner Of the Lot
upon which such mortgage is a lien, then or thereafter existing, in fulfilling his
obligations under this Declaration or the By-Laws of the Association; but the
defaults set out in such notice shall not be conclusive on the Association, and
the Association shall have the right to enforce all claims against such OWner
for all defaults of such Owner whether or not notice thereof is given to the
holder of such mortgage.
Section 4. Copy of Budget.
The holder of any mortgage of record against any Lot, upon written request
given by the holder of such mortgage to the Association advising the
Association of such mortgage interest and its mailing address, shall be sent a
copy of the proposed annual budget of the Association at least fifteen (15)
days prior to the meeting at which such proposed annual budget is to be
considered, and the holder of such mortgage shall be entitled to raise
obJections to and comments upon such proposed annual budget at such
meeting or otherwise; but failure to send such copy to any or all such
mortgagees shall not invalidate or affect, in any way, such proposed annual
budget or any action taken with respect thereto, nor shall any objection or
comments by any such mortgagees with respect to such proposed annual
budget by binding upon the Association.
Section 5. Successors of Developer.
If a mortgagee of Developer who holds a mortgage on more than one Lot
shall foreclose said mortgage or receive a deed in lieu of foreclosure of said
mortgage, then said mortgagee shall automatically succeed to the rights of
the Developer under this Declaration.
17
NOV-15-96 FRI 12:26
P.22
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement.
The Developer. Association. or any Owner or any mortgagee of record, shall
have the right to enforce this Declaration by proceedings at law or in equity.
Failure by any person or governmental authority to enforce any provision of
this Declaration shall not be deemed a waiver of the right to do so thereafter.
Section 2. Severability.
Invalidation of any provision of this Declaration by Judgment or court order
shall in no way affect any ather provisions, which shall remain in full force and
effect.
Section 3. Duration.
This Declaration shall run with and bind the Lots for a term of thirty (30) years
from the date this Declaration is recorded, after which time this Declaration
shall be automatically renewed for successive periods of ten (10) years each.
Section 4. Amendment.
This Declaration may be amended by an instrument signed by the Owners
owning at least 75% of the Lots and by the holders of first mortgages on at
least 75% of the Lots. Each amendment must be recorded with the Hennepin
County Recorder and/or Registrar of Titles. No amendment shall be made
without the approval of the City of Shorewood.
Section 5. Notices.
Any notice required to be sent to any Owner/Member under the provision of
this Declaration shall be deemed to have been properly sent when mailed
postage prepaid to the last known address of the person who appears as
OwnerlMember in the records of the Association at the time of such mailing
and to the occupant of the address of the Owner/Member's Lot, if it is a
different address.
Section 6. Captions.
The title of this instrument and the captions of the articles, sections, and
subsections hereof are for convenience of reference only.
18
NOV-15-96 FRI 12:27
P.23
IN WITNESS WHEREOF, the Developer has executed this Declaration as of
the day and year first above written.
DEVELOPER;
DAHLSTROM ABINGDON, LLP , a Minnesota Limited Partnership
By:
Its
CITY OF SHOREWOOD
BY:
Its:
(STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 199_. by , Partner. of
DAHLSTROM ABINGDON, LLP, a Minnesota Limited Partnership, on behalf
of the Limited Partnership.
Notary Public
This instrument was drafted by:
Charles E. Dillerud
Dahlstrom Abingdon, LLP, Inc.
4100 Berkshire Lane
Plymouth. MN 55446
19
DEC-02-96 MON 09:29
P.05
<6~2)
47fm7
Nov-29-96 08:35P M1~hael T. Hoekstra
~
~
DECLARATION OF RECIPROCAL I
DRIVEWAY EASEMENT AND T
MAINTENANCE AGREEMENT I
I
T
I
I
I
I
I
I
1.
P.07
(reserved for recording data)
THIS DECLARATION, made and declared on this day of . t
19 _, by Dahlstrom Abingdon, LLPt a MinDesota limited lillbility partnership, (hereafter
referred to a..~ I1Declarant'I).
REOTAlS;
A. Declarant is the owner of the following real property located in Hennepin County,
Minnesqta:
Lot 6, Block 3, WA'ITEN PONDS; and
Lot 7, Block 3, WATI'EN PONDS
B. Declarant desires to create, impose and grant reciprocal eas,ements for driveway
pu-rposes over Lot 6, Block 3. WATIEN PONDS and Lot 7, Block 3. WATrEN PONDS.
NOW THEREFORE, Declarant hereby states, declares, imposes, creates and grants
as follows:
1. Qtants of Easementli. The owner of Lot 6, Block 3, W ATTEN PONDS shall
have and is hereby grantcd a perpetual and non-exclusive easement for ingress and egress
over and across that part of Lot 7, Block 3, WATI'EN PONDS described as follows:
[Insert description from surveyor here]
Thc owner of Lot 7, BIO(:k 3, WATTEN PONDS shall have and is nereby granted
a perpemal and non..exdusive easement for ingress and egress over and. across that part of
Lot 6. Block 3, W A TTEN PONDs described as follows:
[Insert ftscription from surveyor he~]
The above casements sball hereinafter be referred to as the "Driveway Easement'"
DEC-02-96 MON 09:29
p, 06
Nav-29-S6 Oa~35P Michael T. HOQkstra
(0:1.2) 476-1767
p-oa
2. Maintenance. Cost andExp~c. The owners of Lot 6, Block 3, WA 1TEN
PONDS ~nd Lot ?'. Block~. ~ ~'ITEN PO~S shall share equally the costs and expenses
of operating. repamng, II1ammmn'lg. resurfacmg or reconstructing, snow and debris removal
with respect to the Driveway Easement.
3. Interference with ~ment. No ObStnJctioD which will prevent. restrict or
otherwise inhibit the passage of pedestrians or vehicles over any portion of the Driveway
Easement shall be erected, condoned or permitted to endure by either owner of Lot 6,
Block 3, W ATfEN PONDS or Lot 7, Block 3, W ATfEN PONDS. nor shall any other
conduct, passive or affirmative, including, but not limited to, parking or storing of vehicles.
be permitted which would in any uuumer restrict the rights of the re..c;pective owners of Lot
6. mock 3, W ATTEN PONDS or Lot 7, Block 3, W ATTEN PONDS, their tenants, invit.ees
and licensees to fully utilize said Driveway Easement for the purposes pennitted herein.
4. Enforcement of Easemellt, The restrictions as set forth herein shall be aod
they hereby are granted solely for the benefit of and shall be enforceable by any of the
owners of Lot 6, Block 3, W A TrEN PONDS and Lot 7, Block 3, W A TI'EN PONDS and
their respective successors in title, but no other persons shall have any rig.ht to enforce an)'
of the restriction.Ii herein set forth. nor shall any other person, other than such owners of Lot
6. Block 3, W A TIEN PONDS and Lot 7, Block 3, W ATI'EN PONDS, have any intere..,t in
the Driveway Easement herein granted and declared. Nothing herein contained shall
constitute a dedication of any iIlterest in said easement to the public or give any members
of the public any rights herein.
5. Remedies for Violation. In the event any violation or attempted or threatened
violation of the terms hereof including faih,J.l'e of an owner of Lot 6, Block 3, W ATfEN
PONDS or Lot 7, Block 3, WATTEN PONDS to pay its portion of the costs and expense
of said Driveway Easement, or any interference or attempted or threatened interference
with the Driveway Ea.~ment rights herein granted. the Driveway Easement may be enforced
by the owner of the benefined parcel or its heirSt successors and assigns, by (i) appropriate
judicial action for damages or specific performance, and should it prevm1 in such litigation.
it shall recover alii part of its costs reasonable attorney's fees or (Ii) by binding arbitration
in accordance with the rules then in effect adopted by the American Arbitration Association.
6. Priority. Any utility easements shown in the plat of W ATfEN PONDS are
and shall continue to be superior to the Driveway Easement; provided, however, in the
event that it shall be necessary to insta.ll, repair or maintain any utility facilities crossing the
Driveway Easement, such repairs and maintenance shall be undenaken so as to cause. to
the extent practicable, minimal. interference with the use of said easement and any and all
damage ,to the road or driveway sball be repm=d.and the surlace fully restored.
7. Ea.....ements Perpetu!11 and AppUl'tenantr The Driveway Easement shall be
perpetual in duration and sball be appurtenant to the parcels which are served and
benefitted by said Driveway Easement.
DEC-02-96 MON 09:32
Nov-29-96 OS:35P Michae' T. HOQkst~a
(lSlZ) 476-~767
8. Tenns: Parti~~d Interests. The terms, conditions.,. covenants and easemeu
herewith shall run with the land and be binding upon all parties hereto and their bei
successors and assigns.
9. Tcrmin~Jm This Declaration, and the rights and easements granted heTe
may be terminated' by an instrument in writing executed by ail owners of Lot 6, Block
WAT'TEN PONDS and Lot 7, Block 3, WATTEN PONDS, which imtmment sh
spe'cifically pro'Vide, for the termination of this Declaration.
10. Headings. The headings of the sectioI1Sof this Declaration are :6
convenience and rElferenee only and do not form a part hereof and in no way interpret
construe the language thereof.
!
11. Sey~rabili~. If any provisions of thi~ Declaration is held to be unenforceab
or void, such provision shall be deemed to be severable and shall in no way affect t
validity of the rem.aining terms of this Declaration.
IN WITNESS WHEREOF, the foregoing instrument was executed the da.y and ye
first above written.
Dahlstrom AhingdoD, LLP,
a Mimtesota Limited Liability Partnership
By: Dahlstrom Companies,
a Minnesota Corporation,
Partner
By~ Abingdon Development
a Minnesota Corporation,
Partner
By; Terrance P. Dahlstrom
Its: President
By: Anthony Eiden
Its: President
P. 01
P.09
DE~-02-96 MON 09:33
P. 02
Nov-29-96 OB:35P MiQh~Ql T. Hoekstr~
(83.2) 476-1'787
P.10
STATE OF MINNESOTA)
)ss:
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me on
1996 by Terrance P. Dahlstrom, the President of Dahlstrom Companies. Inc"t a Minnesot
Corporation, one of the PartncIS of Dahlstrom Abingdo~ LLP. a limited liabili
partnership under the laws of Minnesot~ on behalf of the partnership.
Notary Public
STATE OF MINNESOTA)
)ss:
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me on
1996 by Anthony Eiden, the President of Abingdon Development Corporation, a Mimlcso
Corporation~ one of the Partners of Dahlstrom Abingdon, lLP. a l.iJ:nited liabili
partnership under the laws of Minnesota, on behalf of the partnership.
Notary Public
TIllS INSTRUMENT WAS DRAFTED BY:
Michael T. Hoekstra
Attorney at Law
19015 Baston Road
Wayzata, MN 55391-3126
(612) 473..9374
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