11-28-2016 Council Packet - Laserfiche WebLink

Home Browse Search

Drainfield Sites on a Lot shall be disturbed before, during or after construction and subsequent occupancy of a dwelling on the Lot, regardless whether the Drainfield Site is in use. The existing natural topsoil on each Drainfield Site shall remain in place and shall not be subject to any traffic which will cause even slight compaction. To protect Drainfield Sites from inadvertent damage or destruction, no Owner shall permit any car, truck, or earth moving equipment to enter upon the Lot of any other Owner, and no Owner shall construct any driveway, erect any building, or permit earth moving equipment on the Owner's Lot without first: (a) erecting a clearly visible fence prior to commencement of construction, twenty (20) feet outside the boundary of each of such Owner's Drainfield Sites, along that part or those parts of the Drainfield Site(s) that is between the Drainfield Site(s) and all areas which are accessible to earth moving equipment; and (b) erecting a clearly visible fence during construction along that part of the Lot line that is between an adjacent Lot's Drainfield Site(s) and the areas on the Lot which are accessible to earth moving equipment. 3.14 Applicability. The covenants and restrictions contained in this Section shall bind each Owner of a Lot and shall inure to the benefit of and be enforceable by the City of Orono, Minnesota, and the Owner of any other Lot, and their respective legal representatives, heirs, successors and assigns. The covenants and restrictions in this Section shall be perpetual, and considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes Section 500.20 (2015) as may be amended from time to time. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association and the allocation to each Lot of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Lot ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Lot. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Lot, all such Persons shall be members of the Association, but multiple ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the division of the voting rights. Each Lot is entitled to one (1) vote. 4.2 Voting and Common Expenses. Voting rights shall be allocated equally among the Lots. Common Expense obligations shall be divided so that each Lot is allocated and responsible for a proportionate share, which shall be fraction, the numerator of which is one and the denominator of which is the number of Lots at any one time. Notwithstanding the foregoing, if at any time an Owner owns two Lots and has only 7 188927v1