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09-06-1977 Planning Packet
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09-06-1977 Planning Packet
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FSTAD, husband <br />eln, and <br />with open <br />d real estate; <br />es and amenities <br />er common <br />bed in Article <br />provided <br />lens hereinafter <br />perty and <br />/ation of <br />Ich should <br />and enforcing <br />sments and <br />Minnesotaj <br />r the purpose <br />dditions thereto <br />all be held) <br />strictions, <br />restrict- <br />r any supplemental <br />>1lowing meanings: <br />> ASSOCIATION. <br />3 be conveyed <br />ny recorded <br />properties <br />■ or more <br />ited in SUMMIT <br />>e shall not <br />m I <br />m <br />» J*".! A ~ nrii I iiwMiiiiiBi <br />mean or refer to the mortgagee unless and until such mortgagee has acquired <br />title pursuant to foreclosure or any proceeding in lieu of foreclosure. <br />(e)"Member” shall mean and refer to all owners who are members of the Association <br />as provided in Article III* Section 1* hereof. <br />(f)"Developer" shall mean and refer to H. Norman Nafstad, Jr., and Marlals. <br />C. Nafstad, their successors and assigns, if such successors,or assigns <br />shall acquire more than one undeveloped lot from the Developer for the <br />purpose of development. <br />ARTICLE II. <br />Property Subject to this Declaration <br />Additions Thereto <br />Section 1. The real property which is and shall be held, transferred, sold, <br />conveyed and occupied subject to this Declaration is located in the City of Orono, <br />County of Hennepin, State of Minnesota, and is more particularly described as follows: <br />Let 1, 2, 3, A, 5, 6, 7, 8, Summit Park. <br />ARTKXE III. <br />Membership and Voting Rights in the Association <br />Section 1. Membership. Every person or entity who is a record owner of the <br />fee or undivided fee interest in any lot which is subject by covenants of record <br />to assessment by the Association, including contract sellers, shall be a member <br />of the Association. If a member is owner of more than one lot in said plat, he shall <br />hold a membership for each lot. <br />Section 2. Voting ri^ts. Members shall be entitled to one vote for each lot <br />owned. When more than one person has right to ownership, the vote for such lot shall <br />be exercised as they among themselves determine but in no event shall more than <br />one vote with respect to any one lot and there can not be a split vote. Votes may <br />be cast as set forth in the By-Laws of the Association. <br />ARTICLE IV. <br />Property Rights in the Cotiimon Properties <br />Section 1. Members Easement of Enjoyment. Subject to the provisions of Section <br />3, every member shall have and is granted an easement for ingress to and egress <br />from his lot, and a utility easement to the lot, and shall have a right and easement <br />of enjoyment in and to tlie common properties and such easement shall be appurtenant <br />to and shall pass with the title to every lot. The Association may designate certain <br />areas within the Common Properties to the exclusive use of an individual Lot provided <br />that such a designation shall not unduly interfere with the use and enjoyment of <br />any lot. <br />Section 2. Title to Common Properties. The developers may retain the legal <br />title to the common properties until such time as it has completed improvements <br />thereon and until such time as, in the opinion of the Developer, the Association <br />is able to maintain the same, but, notwithstanding any provision herein, the Developer <br />hereby covenant <br />Common Properti <br />recording of th <br />Section 3. <br />created hereby <br />subject to the <br />(a)The 1 <br />to SI <br />vhlcl <br />of r: <br />a fl: <br />and <br />to d <br />to d <br />(b)The <br />Prop <br />roof <br />and <br />any <br />VI 1 <br />(c)The <br />the <br />sue! <br />mem' <br />to <br />an <br />Jed <br />of <br />at <br />(d) The <br />be <br />the <br />Section <br />Developer fo <br />owner of any <br />expressed in <br />the Associat <br />(1) <br />(2)sp <br />es <br />±L
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