HomeMy WebLinkAboutRe: application to subdivide Kingsbridge Properties, Inc.
3100 Norwest Center
90 South Seventh Street
Hinneapo/is, ]Minnesota 55402
Direct Dial: 612/336-4633
INTERNET: acarlsonamail.merchant-gould.com
May 19, 1999
Mr. Michael P. Gaffron
Senior Planning Coordinator
CITY OF ORONO
2750 Kelley Parkway
Crystal Bay, Minnesota 55323
Re: Application to Subdivide the Stubbs Property
Dear Mr. Gaffron:
I think it is important to document some of the history regarding the planning for roads in
Crystal Creek and the general Watertown Road—Crystal Bay Road area.
When I worked with the City to plan the Crystal Creek road plan,the City's long range
plan was to extend the Crystal Creek road to its east and then hook up with another road
extending north from Watertown Road. There were a number of reasons for this. First,because
of the shear size of the land north of Watertown Road, if cul—de—sacs were built from Watertown
Road, they would be too long and would not comply with City standards. The Crystal Creek
cul—de—sac road,which is rather short, was already too long for city standards. To eliminate the
long cul—de—sac the City intended to extend Crystal Creek's road to the east when Stubbs applied
to subdivide their land. The road would then hook up with another road which connected with
Watertown Road. It was believed that the likely road to hook up with would be Wear Lane, and
another possibility was a road running along the east side of the Stubbs property. Also, for safety
reasons the City wanted a road network in the area for multiple points of access to properties.
The intent to extend the Crystal Creek road to the east is reflected in the Historical
Information which you previously distributed to the Planning Commission and the Council,
attached hereto as Exhibit A. The Resolutions noted that the Crystal Creek cul—de—sac was
temporary and would be removed when the road was extended eastward. It also provided that
the easterly—most lot in Crystal Creek would have a temporary driveway easement across the
adjoining lot, and would have a permanent access when the adjacent road to the east is
constructed along the north side of the Stubbs property. The Resolution stated that my
undeveloped land north of Crystal Creek would also hook up with the Crystal Creek road
Mr. Michael P. Gaffron
May 19, 1999
Page 2
"through A. Stubbs property." March 29, 1991 Resolution. Your staff highlighted a number of
pertinent portions in the Historical Information. You were absolutely correct when you said
during the Council Meeting on April 12, 1999, "[t]he clear intent of the City back in 1991 was to
continue a 50—foot corridor across the top [ofJ the Stubbs property."
The City and I contemplated that persons living east of Crystal Creek would use the
Crystal Creek road, and persons living in Crystal Creek could use the roadway to the east. In
particular, we assumed that the northern part of the Stubbs property would have the benefit of,
and access off, Crystal Creek. Given the use of the Crystal Creek road, it seemed fair to require
that the Stubbs property proved a 50—foot easement for access by Stubbs to its own property and
for access to other properties located to the north and east of Stubbs. This plan makes great
sense, and I note that the first application to subdivide the Stubbs property proposed an access off
Crystal Creek's road for the north of Stubbs property. It seems clear that Mr. Renckens should
access the north end of his property off the 50—foot easement from Crystal Creek. As Mr. Kelly
correctly noted during the April 12, 1999 Council Meeting, "If the applicant has access from
Crystal Creek,he can eliminate the 30—foot outlot, move the lot line further south and make
Lot 1 bigger so it could be subdivided in the future."
The property owners of Crystal Creek all had notice that the cul—de—sac is a"Temporary
Cul—de—sac", and that the road would be extended to the east"through the land adjoining the
property" and hook up with my property to the north. See Exhibit B, Crystal Creek Declaration,
Sections 3.1, and 3.4. They also knew that the easterly—most lot, Lot 7, Block 1, had a
non—conforming temporary easement over adjoining Lot 6 until the main road"is extended into
the land adjoining the Property. . . ." See Section 4.1. The owners of Crystal Creek had fair
notice of City planning.
Mr. Renckens had notice as well. This has been a very unusual subdivision. The first
application to subdivide the Stubbs property was filed by John Vogt and Mike Hilbelink. Mr.
Renckens apparently was not involved, but Mr. Winston was the attorney for Vogt and Hilbelink.
According to the application, Stubbs was the owner of the property and Vogt and Hilbelink were
the applicants. On January 19, 1999,the Planning Commission voted that the 50—foot easement
had to be provided at the north end of the property. At that point, Mr. Renckens' name appeared
on the next application. That application said Mr. Renckens was the owner and Mr. Winston was
designated as the applicant. On March 15, 1999,the Planning Commission again required the
50—foot easement. Renckens/Winston then took the matter to the City Council, and, on April 12,
1999, the City Council voted to require the 50—foot easement. It now appears that Mr. Renckens
was not in fact the owner of the property during this process. Mr. Winston's unusual,to say the
least, April 14, 1999, letters to the Council members state that"I am deeply concerned that Mr.
Renckens will now not purchase the property. . . ." I understand from you that Mr. Renckens
said he has now closed on the property.
Mr. Renckens wants to change the City plan to his perceived benefit and the detriment of
my land to the north and prior City planning. Mr. Renckens had fair notice of City plans before
Mr. Michael P. Gaffron
May 19, 1999
Page 3
he purchased. First, anyone desiring to subdivide the Stubbs property could simply ask the City
what its long—range plans were for the area. They would learn that the City planned an easement
across the north end of the property. Next, Mr. Renckens knew before he acquired an interest in
the property from Vogt and Hilbelink that the Planning Commission on January 19, 1999,
required the 50—foot lot. Also, he knew before he decided to purchase the property that the
Planning Commission on March 15, 1999, and the Council on April 12, 1999, required the
50—foot easement. Mr. Renckens purchased with full notice of City requirements.
Thank you.
Very/truly yours
Alan G. Carlson
AGC/vm
Enclosures
D
I� ri Ical
I ��
JAN.29.1999 3:31PM V l HISTORICAL SOC NO.092 P.1i7 Bk
OTA HIS`TORZCAL SOCIETY
��NNEs I
STATE HISTORIC pnSERVAT ON OFFICE
345 Y*,ELLoGo BLVD. WEST + ST. PAUL, MN 55102-1906
FAX TRANSMISSION
. R `
,NUMBER OF PAGES INCLUDING COVE ••�
TO.
- Lis
FAX
ER:( aid-_ ���-- 0.6 10
FROMo
pHO
NE NUMBER: (651) Cv�
NOTES_
Q CHECK MRE IF ORIGINAL TO pOLLOW BY MAIL
II'
YOU DO NOT RECEIVE ALL PAGES,PLEASE CONTACT:( b51) 296-5434
JAN.29.1999 3:31PM hW HISTORICAL SOC NO.092 P.2/
MINNESOTA ARCHITECTURE-HISTORY INVENTORY FORM '?) 00
IDE NTIF CSI=O
HISTORIC NAME: Gable barn ADDRESS: 3020 Watertown Road
CURRENT NAME: Rena Stubbs Barn
INVENTORY NUMBER: HE-ORC-049
COUNTY: He
CITY/TWP: Orono
SHPO/106 NUMBER:
PROPERTY ID NUMBER: FIELD NUMBER: 2713B-314/T-21
•SE1/4, SW1/4, SWI/4 SECTION: 33 TOWNSHIP: 118N RANGE: 23W
USGS QUAD: Excelsior 1958
M: 215 E452660 N4980580 (Revised 1993)
DESCRIPTI
CONSTRUCTION DATE: Circa 1900 RESOURCE TYPE: Barn
ORIGINAL USE: Barn BUILDER/CONTRACTOR: Unknown
CURRENT USE: Storage ARCHITECT/ENGINEER: Unknown
STyLE/INFLUENCE: Vernacular
MATERIALS: FDN: Unknown STORIES: 1 1/
ROOF: Metal ROOF SItEsPE: Gable
CLADDING: Vertical and diagonal GROUND PIAN: Rectangular
siding
FLOOR PLAN: amt
FACADE ARRANGEMENT: Asy .
ORIENTATION: Central axis north/South NUMBER OF BAYS:
WINDOWS:
INTEGRITY: Excellent: Good: X Fair: Poor:
RELATED OUTBUILDINGS: There are several buildings on this property, including
a house and several outbuildings.
RELATION OF PROPERTY TO SURROUNDINGS: The property is just north of Watertown
Road and the barn fares the road,
is
DESCRIPTION OF PHYSICAL APPEARANCE: This one and one half`storyernouthern
rectangular in shape and has a gable roof finished with metal.
It features two filed windows
elevation is clad with diagonal wood siding.
with 6 lights each (some lights are broken) . There is a sliding door on the
first level, and a hay hood and hay doors on the second level. The western
elevation lewindows with 6
lights
cdoor. The
northern featutesaslidig dooronthe first level and onefixed
window with 2 lights in the gable peak.
JAN.29.1999 3:31PN MN HISTORICAL SOC NO.092 P.3i7
ADDRESS: 3020 Watertown Road
HISTORIC NAME: Gable Barn
FIELD NUMBER: 2713B-314/T-21-
INVENTORY NUMBER: HE-OFLG-049
�] TION D AN SIS
HISTORIC CONTEXT: Railroads and Agricultural Development, 1870-1940.
HISTORICAL. NARRATIVE: Farming has been the basis of the region's economy
since the arrival of Euroamerican settlers in the 18509 and 1860x.. The
t for urban markets dominated agriculture through the 1870s,
production of Whea
ral farming and dairying gradually coming to
with a mi:ced pattern of gene
prominence around the tura of the century.
SIGNIFICANCE: This property may be significant for its association with
early, developmental patterns of farming in the region. Although the broad
outlines of this history have been sketched, its specific development is
poorly known. Nor is there substantiated information about the relation of
particular farming patterns and property type development. It may also be
significant as a now rare example of a once-common important architectural
type.
ELIGIBLE FOR THE NATIONAL REGISSTER�ict• Contributing'
Yes:
No: Individual: Non-Contributing:
Need Info. : X
On Register:
LEVEL OF SIGNIFICANCE: National:
Local: State:
DQC TATIO /NOTES
1995 Mather, D. and F. Nunnally
Draft Final Cultural Resources Reconnaissance Survey Report: Mn/DOT
S.P. 2713/8602, Hennepin and Wright Counties. Submitted to the
Minnesota Department of Transportation. Copy on file, State Historic
Preservation Office, Minnesota Historical Society,
MAP 3
-ORC-049 p
. �` s ..A t� `: - •�. USGS QUAD: Excelsior 1958
y--r•--a�i1 �✓.- 1\,`• -♦�. �r �, _ .".U' 1 .•� (Revised 1993)
118 N. lea
117 N.
i:.r.s�i..±-��►) ��:�,,.-�Y.-X1••:1� ��g, ��� 'y .:'�c. i
Form Prepared By: Shawna K. Gibson
Date: October 1994
crysfa, l
Cr�.ek
nfD rm afto it.
Roos pan
C b — Res. 4 29V8
Cc - Freiir '+�A",•y Plot*
repo+�-
eE —
Cill
� Erlslvl-c4.#o, ICAC,
50' aeaA
-•.•--_•.• .'.'.+NEI-_AN11'.`.'.'.'
�iX `•.i.."'.w�rrw"•rte.ww •I 5 . . ...•. •• •-\r �� /
- '/ "'� .' - - It --.••- .'_',act. 1.:� t, ,^,"' 1
. . .. .� . .... 1 r
Y / � �: .��� ..laces,Kw ,r..,••: �. :Jl•:..,.:..,.1 'I � 1
;RO6N
• •• `/
717/
r //// \ .mow.► \ `a
/ /}rr• . \ \ 1 \ SEE
M=
NOTES AND
„••: � ///��/� //// / \ \ ,� � \\'� I oETAKs oN sNEET a
�•. .�'//:`ice/;;����. :�- 111 \ \\\1\\\\ \ 1 1 .,. �_
r�
If
1\; 1\\
\j •'3 ....
IV
SEIMCK
:.......-......_� ._�:_. _��' -
CRYSTAL GREEK
�•;�••� GRADING pout c,
i
O . O
CITY of ORONO
ti
•,`k N 0 RESOLUTION OF THE CITY COUNCIL .
kES80 NO. 2948
A RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE PROPOSED
CRYSTAL CREEK PLAT
FILE NO. 1457
WHEREAS, Alan G. Carlson (hereinafter "the subdivider") on March
22, 1991 filed a revised formal subdivision application with the City for
approval of a 12-lot residential plat of property legally described as
follows:
Exhibit A, attached, (hereinafter "the property" ) and;
WHEREAS, after due published and mailed notice. in accordance with
Minnesota Statues 462.358 et. s.eq. . and the City of Orono Zoning and
Planning Codes, the Orono Planning Commission held public hearings on March
18, 1991 and March 20, 1991 and the Council on April 8, 1991 at which times
all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, at their regular meeting held on April 8, 1991, the
Orono City Council considered the amended subdivision application of 12
lots, noting the following findings of fact:
1. The property is located within the RR-1B Single Family Rural
Residential Zoning District requiring a minimum of 2 acres of
contiguous dry buildable land within each newly created lot.
2. The subdivision as. amended from the original 16-lot proposal finds
that each lot meets or exceeds the 2-acre minimum dry contiguous lot
area standards.
3. Each of the 12 lots meets the required lot width_to the rear of
the 50' front street setback line.
Page 1 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`4kES�I04ti NO. 2948 .
4. All of the 12 lots shall achieve access via an interior private
roadway. No direct access onto Watertown Road will be allowed for an
individual lot owner.
5. The applicant has filed the revised preliminary plan with the
Minnehaha Creek Watershed District. All conditions of MCWD permit
must be met by applicant and included with final, drainage, grading and
erosion control plans.
6. In a memo dated March 13, 1991, Michael P. Gaffron, Assistant
Planning and Zoning Administrator, confirmed .that all 12 lots have
been tested and found to have suitable areas for on-site septic
development. Since that memo, Mr. Gaffron has received verbal
confirmation from the on-site evaluator that drainfields can be
shifted or relocated on Lot 2, Block- 2 and Lot 5, Block 3 to meet the
on-site septic standards of the City.
7. The proposed configuration and overall design of the lots within
the plat finds that each lot satisfies the lot standards of the RR-1B
Zoning District requiring no variances with the granting of the
approval of this subdivision. Each lot can be developed as a
residential unit without the need for future variances.
8. The subdivider has provided a future access corridor to the east
and shall be responsible for developing the roadway to the eastern
boundary providing a temporary cul-de-sac.
NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby approves
the revised preliminary plat of Crystal Creek per plat survey dated
February 26, 1991, revised March 18, 1991 by Edward H. Sunde, a registered
land surveyor under the laws of the State of Minnesota of Sunde Land
Surveying, Inc., subject to the following conditions:
Page 2 of 8
CITY of ORONO
�� , ;., �.�`i1► G RESOLUTION OF THE CITY COUNCIL .
`gkESJ�Og' NO. 2948
1. A access to the 12-lot plat must be via the interior plat road.
Lot 2, Block 2 shall be served from the temporary cul-de-sac via a 15'
driveway easement through Lot 1, Block 2. Owner of Lot 1, Block 2
shall grant temporary driveway easement in favor of Lot 2, Block 2
until the adjacent private road is extended along the southern
boundaries of Lot 2, Block 2.
2. Prior to any land alterations for drainage or road purposes, the
following septic sites must be staked with fencing, such fencing to be
installed 20' from the boundaries of each drainfield .test site as
follows:
Lot 1, Block 1
Lot 2, Block 1
Lot 1, Block 2
Lot 2, Block 2
Lot 1, Block 3 (southwest corner drainfield site only)
Lot 3, Block 3
Lot 5, Block 3
3. Subdivider to grant underlying road and utility easements over
private road outlots (Outlots A and D) .
4. Outlot A shall be installed a's a 28' roadway with curb (urban
section). Temporary cul-de-sac shall be designated at a 100' diameter
with actual traveled turnaround at an 80' diameter.
5. Subdivider to grant conservation and flowage easements over all
wetland/f lood plain areas defined at or below. the 970 elevation. The
subdivider should also grant drainage easements over drainageways and
storm sewers not located within right-of-way of road outlots.
Page 3 of 8
CITY of ORONO
t� � `! ' ' til► G~ RESOLUTION OF THE CITY COUNCIL
`9$z,§1 0 ' NO. 2948
6. Subdivider to execute private covenants for the shared cost in
maintenance and upkeep of private road. - The subdivider may wish to
use the standard form used by the City for inclusion in the private
covenants. In addition, the City will expect private covenants to
address maintenance and protection of drainageways and retention areas
by private property owners. Upon preliminary approval of the plat,
the subdivider is to draft appropriate private covenants to be
submitted to the City prior to the City granting approval of the final
plat.
7. Applicant shall create a Homeowners' Association to ensure upkeep
and maintenance of private road. This document must provide for an
undivided share of the ownership of said road and future deed
transfering ownership of residential lots must include the undivided
or equal share in private road.
8. Subdivider to execute a drainfield covenant to be filed against
the Chain of Title of each of the 12 lots within the plat in order to
ensure future owners knowledge and awareness of the special
limitations on the septic capabilities of the rural lots and the need
to protect existing septic test sites. The City requests that the
following addition be made to the original septic covenant proposed by
applicant for original 16-lot plat. The following sentence is to be
added between sentences 1 and 2:
"In most cases, these are the only two feasible sites on each
lot, and must not be disturbed. The existing natural topsoil
must remain in place and must not be subject to any traffic which
will cause even the slightest compaction. "
9. The subdivider shall maintain adequate erosion control per final
approved plans by Gerald M. Sunde throughout the construction of the
road, drainage improvements and until all ground cover disturbed on
the property is restored.
Page 4 of 8
CITY of ORONO
"�`�' "• r;�# .Gti RESOLUTION OF THE CITY COUNCIL
�kE3fI0g' NO. 2948
10. T e developer to create easements in favor of the Homeowners
Association over Lots 1, Block 1 and Lot 1, Block 3 for the purpose of
maintenance and upkeep of the entrance monuments. The City approves ..
the monuments proposed on plans dated December 19, 1989, revised March
18 , 1991 by Gerald M. Sunde entitled "Typical Monument Detail" that
defines 5 1/2' high, 10 lineal feet in length, 3' wide monuments to be
installed on each side of the entrance of the private road. The final
installed height of these monuments cannot exceed a height of 6'
measured from elevation of private road.
11. All final grading, drainage and road plans shall be done in
accordance with the directives of the Minnehaha Creek Watershed
District permit and the final report of the City Engineer before any
. land alterations or construction can begin. The subdivider shall
execute a developer's agreement that shall include all required
improvements. The subdivider shall also provide a Letter of Credit to
be written to the amount of 150% of the cost of all improvements. The
Letter of Credit must also be submitted prior to final plat approval
by the City. The subdivider is hereby advised that building permits
shall not be issued upon final plat approval until gravel road base
has been approved by the City Engineer and required drainage ponds and
controls have been installed and approved by the City Engineer.
12. On-site evaluator to provide written confirmation that the
shifting of drainfields within Lot 21 Block 2 and Lot 5, Block 3 will
satisfy on-site septic standards of City Code.
FINAL PLAT SUBMITTALS
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled Council meeting on
the second and fourth Mondays of the month:
Page 5 of 8
AR CITY of ORONO
6
`5
1r G~ RESOLUTION OF THE CITY COUNCIL
�kESPI044 NO. .2948
A. D PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1" = 2001. Drawing to include:
a) Lot lines platted per preliminary survey by Edward H. Sunde
of Sunde Land Surveying, Inc. dated February 26, 1991, revised
March 18, 1991,
b) Dedication of "drainage and utility easements" 10' wide along
all perimeter property lines and 5' each side of : internal
property lines - omit along the sides of. the designated wetlands
defined as drainage easements.
• c) Designate all wetland areas (areas at or below 970
elevation, as drainage easements) .
d) Designate a 1 1 drainageways and storm sewers as drainage
easements on the plat.
e) Dedication of right-of-way for Watertown Road.
B. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. All owners, mortgage
holders or others with property interest indicated therein shall
sign the plat and all other documents affected by such interest.
b) The applicant must provide certified copies of all recorded
easements currently affecting the property.
c) Executed Drainage Easements over all drainageways and storm
.�• sewer lines if applicable (refer to sample easements provided to
you with original plat application), to include all drainageways
C not included within flood plain/wetlands area below 970
elevation. )
Page 6 of 8
0 0
CITY of ORONO
Z
i�,•. ; ,��.�,. G RESOLUTION OF THE CITY COUNCIL
kESYiO NO. 2948
Executed Flowage and Conservation Easement over all
designated wetland areas at or below 970 elevation (refer to
�y r�'•�: :` original easement enclosed with former preliminary plat
resolution) .
e) Signed and executed Developer's Agreement and Letter of Credit
to cover all required improvements.
f) Signed and executed Road and Utilities Easement . over the
AP-4A•=; private road outlots (Outlots A and - refer to previous
av;�_t samples) .
g) Signed and executed temporary Road and Utility Easement over
portions of cul-de-sac not located within private road outlot.
h) Private covenants/creation of. Homeowners' Association in a
form for filing to include division of ownership and
responsibility for maintenance of the private road and drainage
facilities (refer to original documents).
i) Executed drainfield covenant prepared for filing against
each lot to be amended per Item 8 in conditions of approval as
noted above.
j ) Completed "Application for Private Road Name". Subdivider
shall have the choice of naming the road within Outlot A and C
(refer to original documents) . Cz_�
C. FEES TO BE PAID: Total Due $300.00
a) Final plat fee = �'�o- D_.OO . OU
b) Legal review and filing fees of �-Oc) • 00
c) Park dedication fee = $3,200 already paid by subdivider
Page 7 of 8.
03/17/91 Pay 550.00
o � o
CITY of ORONO
IVI,
RESOLUTION OF THE CITY COUNCIL
4
$ESgOg' -NO. 2948
ed by the City Council of the City of Orono, Minnesota at a
regular meeting held this 8th day of April, 1991.
Barbara A. Peterson, Mayor
ATTEST:
Dorothy . allin, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th
day of April, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor &
City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the Cit .'*�__'
Notary Public
WA
VORESA .pgtgsOT
My Commission Expires
Page 8 of 8
'- 2=
- Resolution .#2 48
%- Exhibit A
o
44
1/ . - ' •� 1t J •�I
:� 1 •••• ��, M f � �/ - f � r.r..r Iltae.PYtr.w
i OUTLOT- �:6 t.
iii .i�.:'L/';� _ • �a.l.o.Or•0.01
so
a •�► ; tri: �/.i ...\ .r41,
nasal .w,.....,.....NN...0..
F ' .•'
On —I.NwwN
IIrI
•./�y •I'. 1 1 I. � ' 11•x' •�•_,. 1 1.1 .�.�/Y 1....I. �.w1 , .
•,/ ` � '1_�I , r r� •�[�'�\I 1 h`� I�fNw1.a•.rlw�ro Yrr-wr aq.f wWl
•/ /N.M1n.
•7(/i =•1 O•. � I t .i ! .e ! halt .e.rt. �
�4 j• �� I I o_`r- ' - �� i T.•f n. a.... .1.w.
I1tiLt 0.181 a.r n.18t ..«
..r
�I,�. f 1 1 �• mss-ice :�.�1T� N.t ".us
..r
Iter/ ! a ( • �. Y / r1 t a.iw ..w n.us
.I'•� \ •�l• Q I.I. a.18f a.r
�1••a/ •I .1y+J f1- yip• •'� tw. Na.nr ..r .r.tr bw
f/� YsC�',�'•-_ •�'i• 1 �� / v— I , Iw• 1M.w Mr e.Y. Il.r
�!` \ •�fI t• lafi./ �-.O Y raa r.an ..r
an
r
• a ;�.� t: � � .•� �.. o""a"J 'u1.W ..r wJeu fare
`• - �\ ` -• ^- -�,� - '' 1'.••' • V 1 M.$ItW 88.+r1 w.1n 1.w
181..18 t.rt
lo-vtP
. ••� • a� • / ��•' -, -� wM f 1.W.W 18..1
N •'•.- - ti. _ �'� .110.1.
4.
�'r�• t f.1«r wwin af.1 Y11 Y.v....1 r11r1
�• ^'� ' _ �-1 � wNrN11�N.ww..N 1.1 1•.r�11w .
•. e. W/W ..M.IM1..•1 N W fW.Iw N
• -'Qr7'�y+.l'/ N\rfrlT.N r►n'w N r rN IW
. a 1 1 1•.•IQ wM• I.rI Yw M.w/r w.•w1►Ma
•w.•_.1•N1•fr.•N.IM.�r•IIN fM1-1 W V 11=1I N W 1�/rr l���w'...�.•F..•
.rww.1 V.•1•-»11_it.7«-w1.III�..... !f N 1r YIt /(f-14 t
1.1 IY•w IMIMI•-.1181».Y._.r.r•w1.':•�Y..••w•r.1�M
� � N' '..111111 SIN•r+1•_r�-.r•IIw. 1�nIIw »1•••J �_� �
/�-- '� 7«111•�w..�r M111f't1.1«1 M1 110«w N�» ti�I.
rpt N •a• •tea.. —_
YII Mwr.».n•_+1•M••.-r N�Iw n.tiwN/N _1��a�
of
. .-. —� 'w•'�.rww•w�...w....•rrwWlwM Nr �1..�.� ��
o.w 11` »f MCLILINKM PLAT
L1I». I ww.1.1• ,1w 1.•.-1 1»1.a1� W 1_111..11Y1.•�rat_r 11 fIN INN W MIN N • Iw N 1
r�•1.:1......+.. 1..1. _
a-.. '..1.»:.:. .....�•.uw.. CR TSTAL N CA Oft
»•.... w '1 .�....11 t .._.1..•r•ry_W I,,R ALAN CJALSON „4
I:.»«1118....»1.....•1 1._••..
».• ~YJw.1»A1+\/.!111181.1.
111 M I. f.• .... ..
To. Mayor Peterson & Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: - March 29, 1991
Subject: #1457 Alan Carlson, 3140 Watertown Road -
Revised Preliminary Plat - Resolution
The revised preliminary plat has been accepted under the
former application number 01457) and the required public hearing
scheduled at March 18/20, 1991 meeting of the Planning Commission
and Council April 8, ' 1991 meeting. At the time of the filing of
the revised subdivision application, Mr. Carlson also filed a
separate conditional use permit/variance application for proposed
improvements within commons outlot involving land alterations,
installation of tennis court, gazebo and trail system.
Application #1630 was tabled by the Planning Commission until
applicant had completed the permit review process with the Corps
of Engineers for trail system. Applicant advised that Corps had
no opinion concerning proposed installation of structures.
within the plat.
Please review staff memo dated March 14, 1991 for more
detailed information, on the filing of the revised preliminary
plan.
List of Exhibits for #1457 - Revised Preliminary Subdivision
Exhibit A - Resolution #2764, Preliminary Plat Approval,
3/12/90
Exhibit B - Carlson Letter 2/11/91
Exhibit C - Cook Report 3/11/91
Exhibit D - Gaffron Report 3/13/91
Exhibit E - Staff Sketch of Future Connecting Road
Final Exhibit - Revised Preliminary Plan
a) Preliminary Plat
b) Grading Plan
c) Road Profile/Typical Section/Elevation
Monuments
d) Location Map
Review of Revised Preliminary Application -
At the March 18th meeting, the applicant submitted a second
revised plan addressing the issues raised in the staff memo dated
March 14th. All lots meet the dry contiguous buildable 2-acre
area. All lots meet the required lot width to the rear of the
front yard setback line of 501. The outlots are now redefined as
follows:
Zoning File #1457
March 29, 1991
Page 2
Outlot A - Private road
Outlot B - Access path to a shared commons area for all 12
lots
Outlot C - Area designated for future development
Outlot. D - Road-outlot to future developed property at north
andto connect from extension of Outlot A through
A. Stubbs property
Outlot* E - Property* at north side of Burlington Railroad
available for combination with adjacent
properties if applicant wishes to release for
sale.
The road is now shown connecting to the east at the edge of
the A. Stubbs property. Please review Exhibit R from the
original packet that reflects consistency with previous planning
for roadways to the east. Applicant now shows a temporary cul-
de-sac. The area of a temporary cul-de-sac, at least portions
not included within 50' road lot are not excluded from the dry
buildable of the adjacent residential lots. Applicant's engineer
has submitted amended road plans including street plans and
profile.
The revised grading/erosion plans have been amended to
include erosion control. The entrance monuments proposed by
applicant are the same as originally approved in the 16-lot
preliminary plat. The Planning Commission asks that because of
proposed grading or berming to the east side of the entrance
that a limitation be placed on final height of monuments in
relation to elevation of adjacent road stating that monuments
overall final height could not exceed 6' above elevation of the
private road.
Planning Commission Recommendation
The Planning Commission recommended unanimous approval of
the 12-lot revised preliminary plan subject to all pertinent
conditions for the current plat as set forth in original
Resolution #2764, Exhibit A. The Planning Commission asked the
Council to consider the following additional conditions:
1. Future development lot, Outlot C, has no legal approved
access. Access to the property would have to be via
adjacent properties to the east and south. Final
resolution approving this subdivision shall note this.
In addition, applicant must agree to execute a covenant
to be filed on the Chain of Title of Outlot C agreeing
to restrict development until approved access is
provided via adjacent properties.
Zoning File #1457
March 29, 1991
Page 3
2. Monuments not to exceed 6' total height to be measured
from final elevation adjacent to private road.
The enclosed approval. resolution for the _12-lot plat has
been drafted and includes the final 2 conditions" of approval -
recommended by the Planning Commission.
lsv
Omo G.Bono PE Kekh A.GOMM P.E. Kenneth P.Anderton.PE Mia a Jensen,PE
4
Bones t too f'�W NORM PE NOU4 W.Foster PE Mark L RoMt PE L MAO Gr" X
Joseph C Andeft PE OoruW C Bt garft PE Robert C Missek.AJA Renu C Fkomac•AJA
Marvin L Sorvaa.PE Jerry A.Bourdon PE Thomas E Angus P.E. Agnes M.M4 ALCP.
Rosene Wert E 3xW PE Mark A.Hxuom PE Howag A.sankra PE Jerry D.FCM30L PE
® Anderlik & Tma=Hoyer P.E. Michael Tom. PRauvum PE MWA PE Am omm RE
P.E.
t°CW M Sdugft PE rmhert L PfeRIMb P.E Phti9p A CarAnt PE Gary W.Mores PE
Associates
Susan M.2wft CPA Oadd Q loskom PE fsrnad Martinez P.E. Charles A.Eft"
Thomas W.Petersom PE Marc Q WaRL PE Leo M.Pawdsky
NdW C Lynch.P.E. Thomas R NWerson.AJA Marian M.Olson
Engineers & Architects James a Maaft PE Gary F.ttylander.PE
March 11, 1991
City of Orono
Box 66
Crystal Bay, Minnesota 55323
Attn: Jeanne Mabusth
Re: Crystal Creek
File No. 139-1457
Dear Jeanne:
We have reviewed the revised Crystal Creek Preliminary plan submitted on the Alan Carlson
property.
The private street (Outlot A)should be terminated in a cul-d-sac. This would be temporary and
used until the roperWo the east is developed. The flooding and drainage easements should
be shown on Outlot D. The construction o a flood control structure on Outlot C will be
required. The drainage swale along the west line of lots 1 and 2 will be necessary. An
easement over the 15" culvert on Lot 1 Block 2 and Lot 5 Block 3 will be required. The plan
should indicate which typical section is to be used where on the street. The proposed
monument location should be shown on the plan. The street plans and profile sheet should be
completed.
Please contact this office if you have any questions.
Yours very truly,
FsvivrSTROO, ROSE E, AINDERLIK & ASSOCIATES, INC.
Glenn R. Cook
GRC:dh
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600
CITY of ORONO
ti
G~' RESOLUTION OF THE CITY COUNCIL
�9kESfIGg� NO.
396 .
A RESOLUTION APPROVING THE
PLAT OF CRYSTAL CREEK
FILE NO. 1457
WHEREAS,the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted subdivision
regulations for the orderly, economic and safe development of land within the City;and
WHEREAS,the City Council has considered the final plat application of a twelve
lot residential Class III subdivision and plat by Kingsbridge Properties, Inc., a Minnesota
corporation, (hereinafter "the subdivider"); and
WHEREAS, per Resolution No. 2948 of the City of Orono,.the City Council
approved the preliminary plat application for the twelve lot residential subdivision on April 8,
1991; and
WHEREAS, the City Council has granted five extensions of the deadline for the
preliminary subdivision application until the issue of a southern bypass for Highway 12 that would
intersect the property was resolved; and
WHEREAS, the subdivision has been found to meet all standards of the RR-1B,
Rural Residential Zoning District finding that each lot is of a size and configuration that would
allow its use as a single family residence to be fully developed without the need of any variances;
and
WHEREAS, on November 26, 1996, the Minnehaha Creek Watershed District
Board of Managers approved Permit#96-254 that granted conditional approval of the grading and
drainage plans for the Crystal Creek subdivision; and
WHEREAS, on March 18, 1997, Stephen Weckman, Orono's On-Site Septic
Systems Manager, reported that all tested septic sites proposed in 1990/1991 preliminary review
meet City and State standards; and
Page 1 of 6
0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL 3896 9kES�.0 NO. 8 9 6
WHEREAS, the subdivider has completed all requirements of the platting
regulations of the City, including:
1. Completion of all the requirements of Resolution No. 2948, the resolution of the
City granting preliminary approval of the plat. "
2. Dedication on the plat of drainage and utility easements.
3. Dedication on the plat of drainage easements over all drainageways and NLJRP
ponds and shown as drainage easements on the plata '
4. Dedication on the plat of right-of-way for Watertown Road.
E5. Dedication of a new private road shown on the plat as Outlot A, to be known
henceforth as Crystal Creek Road.
6. Concurrent with the creation of this private road, the subdivider has dedicated to
the City a road and utility easement granting to the City permanent access,
improvement and utility easements over said outlot;the subdivider has created non-
exclusive ingress, egress, drainage and utility easements over said outlot in favor
of all abutting and/or benefitting lots including a declaration of certain maintenance
covenants wherein each of the abutting and/or benefitting lot owners covenants and
agrees to permanently maintain and pay the cost of maintenance for said private
road.
7. Outlot B may be residentially developed in the future. The subdivision shall be
subject to all applicable ordinances in effect at the time of subdivision. .The
subdivider shall be responsible for providing legal access to the property. Outlot
C is unbuildable. The parcel is divided from the remainder of the property by the
Burlington Norther Railroad right-of-way and may be sold and legally combined
with an adjacent property.
8. Dedication to the City of a flowage and conservation easement providing for
limitations on the use of wetlands protected by the City of Orono and shown on the
plat as "wetland drainage easements".
Page 2 of 6
o o
CITY of ORONO
ti
ti
RESOLUTION OF THE CITY COUNCIL
��9kESfI0 NO.
9. The subdivider has created a protective covenant for Lot 1, Block 2 that contains
a wetland not included within the conservation maps of the City of Orono. The
covenant shall.include a site plan of Lot 1, Block 2 locating the area of the wetland.
10. The subdivider has dedicated to the City a temporary road and utility easement over
the cul-de-sac to be installed at the end of the private road. The easement shall be
taken over portions of the 100' diameter cul-de-sac not included within the 50' road
outlot.
11. The subdivider has created drainfield covenants to be filed against the Chain of
Title of each of the twelve lots within the plat in order to ensure future owners are
aware of the special limitations on the septic capabilities of each of the rural lots
and the need to protect existing septic test sites both during construction and after
construction. The covenant will include a site plan locating the septic sites and
provide guidelines for the protection of those sites.
12. The developer has created easements in favor of the Homeowners Association over
Lot 1, Block 1 and Lot 1, Block 2 for the purpose of upkeep and maintenance of
the entrance monuments to be installed at the intersection of Crystal Creek Road
and Watertown Road.
13. The subdivider has executed a Developer's Agreement providing for the installation
of comprehensive improvements required as a condition of approval of the Crystal
Creek subdivision. The subdivider has posted a Letter of Credit in the amount of
$254,820.00 to ensure that these required improvements are completed to the City's
satisfaction. Some of these comprehensive improvements include the following:
A. All grading and drainage improvements as shown on Grading Plan pages C-
1 and C-2 by Sundee Engineering, Inc., most revised date January 8, 1997.
B. Private road improvement as shown on C-3, Crystal Creek Road
Plan/Profile by Sundee Engineering, Inc., dated March 5, 1997.
C. Erosion control as shown on C-1 and C-2 of the grading plans by Sundee
Engineering, Inc., most revised date January 8, 1997.
Page 3 of 6
CITY of ORONO ,
ti
RESOLUTION OF THE CITY COUNCIL
9XESII43 NO. 3 r2-- .
D. Restoration of ground cover and plantings per landscape plans created by
subdivider.
14. The subdivider made payment to the City in 1990 of a park dedication fee in the
amount of$3,200.00.
15. The subdivider has made payment to the City for the legal review and filing of the
plat, easements and covenants in the amount of$200.00.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Orono
hereby approves the plat of Crystal Creek, Hennepin County, Minnesota, subject to the following
conditions:
1. The subdivider to grant driveway easement at 15' width over Lot 6, Block 1 in
favor of Lot 7, Block 1 that will be in effect until an alternate legal access is
provided via a future private road.
Now
2. Access to the twelve lots within Crystal Creek shall be via the interior private plat
road. Access to residential lot or lots developed within Outlot B shall be served by
either Outlot A (Crystal Creek Road) and/or approved legal access via contiguous
properties. The subdivider is further advised that Outlot B cannot be residentially
developed as either one or multiple lots without first seeking subdivision approval
from the City of Orono.
3. Prior to any land alterations, the subdivider shall be responsible for the following:
A. Installation 'of stormwater ponds as approved by the City of Orono and
Minnehaha Creek Watershed District.
B. The subdivider is required to stake with fencing all septic sites. Such
fencing to be installed 20' from the boundaries of each drainfield test site.
C. Installation of erosion control.
Page 4of6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.. 3896
D. The subdivider to provide plan/detail on drainageway to be installed along
shared lot lines of Lots 1 and 2, Block 2 noting care must be taken when
constructing this drainageway to prevent drainage from meandering or
filling with sediment and flooding adjacent septic sites. The City Engineer
and.On-Site System Manager shall approve these plans.
4. The subdivider shall be responsible for completing all conditions of the MCWD
Permit#96-254 as follows:
A. Execution of stormwater facilities maintenance agreement, a copy of which
must be submitted to the City of Orono before land alteration commences.
B. Stormwater ponds built and functional prior to all other site work.
C. Activities including, but not limited to, mowing, yard waste disposal and
fertilizer'application shall not occur within the wetland buffer zone.
D. Wetland buffer restrictions shall be noted on all property deeds.
5. Erosion control shall be installed as shown on final grading and drainage plans by
Sundee Engineering, Inc. (see Finding 13, C above) and maintained until natural
ground cover is restored. No building permits will be issued until all drainage
facilities have been installed and approved and a satisfactory road base installed.
6. The aforesaid plat shall be filed by the City of Orono with either the Hennepin
County Recorder's Office or Registrar of Titles Office on or before November 12,
1997 together with a certified original copy of this resolution and executed copies
of the easements and covenants noted above.
Page 5 of 6
0 0
CITY of ORONO
ti
ti
RESOLUTION OF THE CITY COUNCIL
�t9xESIIOg�G NO. 3 9 6 '
The approval granted by this resolution shall expire if the plat has not been filed by the date
specified above. In that event, it will be necessary to file a new application with the City of Orono
for subdivision approval. Dated this 12th day of May, 1997.
ATTEST:
lffWothy M. �9in, City Clerk Gabn 1 Jabbour, Ma
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of April, 1997 by
Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
LINDA S.�E
110TPSOu
;- AY PUWC,
�w
• HNie"couxn Notary Public
• sston�pt�a hn.31.20°°
. •, My
Page 6 of 6
EXHIBIT
_ 61i3 ):399 �
COMMON INTEREST CO's MUNiTY NO. 827
(A Planned Community)
CRYSTAL CREEK
(DECLMILvrION)
i�
TUTS DECLARATION OF PROTECTIVE COVENANTS, 1:ESTRiCTIONS AND
EASEMENTS ("Declaration"), is made and executed this 15" day of April, 1997, by Kingsbridge
Properties, Inc., a Minnesota corporation ("Declarant") pursuant to the Minnesota Common Interest
Ownership Act, Nlinnesota Statutes Chapter 515B for the purposes of creating the planned
community of Cn•sta. Creek..
\VITNESSET11:
WHEREAS, Declarant is the owner of the real property ("Property") described in Section
l.1.21 of this Declaration; and
NVYIEREAS. Declarant desires to provide for the preservation and enhancement of the natural
and built values and amenities and opportunities within the Property, in order to contribute to the
personal and general health, safety and welfare of the property owners and residents therein and in
the community and to provide for the maintenance of the private open spaces, and to this end, desires
to subject the real property described in Section 1.1.21 hereof to the covenants, conditions, standards,
restrictions, reservations, easements, charges, assessments and liens set forth in this Declaration, each
and all of which is and are for the benefit of the property and each owner thereof; and
NVIUMEAS, Declarant has deemed it desirable for the efficient preservation of the values and
amenities in the community to create an agency to which should be delegated and assigned the power
of maintaining open spaces, administering and enforcing the covenants and restrictions contained in
the Declaration and collecting and disbursing the assessments and charges created b} this Declaration; .
and
WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota,
Minnesota Statues Chaoter 317A, as a nonprofit corporation, Crystal Creek Homeowners
Association, Inc. for the purpose of exercising these functions;
NO«',TREREFORE, Declarant declares that the real property described in Section 1.1.21
hereof is; and shall be, held, transferred, sold, conveyed and occupied subject to the following
covenants, conditions, restrictions, easements, charges and liens(sometimes referred to as "covenants
and restrictions"), ,vhich covenants and restrictions shall run with the real property and be binding
on all parties having; any right, title or interest in the hereinafter described properties or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. The following words, when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
13USSED 509186.9 1
l.l.l "Articles of Incorporation," shall mean and refer io the Anicles of
Incorporation of the Association as they may exist from time to time.
1.].2 "Assessment" shall mean and refer to those charges made 't, the association
from time to time, against each Lot within the Property for the purposes, and �;ubject to the
terms, set forth herein.
1.l.3 "Association" shall mean and refer to Crystal Creel: Homeovvilers Association,
Inc. a Minnesota non-profit corporation, and its successors and assi(Fns.
1.1.4 "Board or"Board of Directors" shall mean and refer to the board of directors
o:the Association, which is the governing bode of the Association.
l.1.5 "By-Laws" shall mean and refer to the by-laws of the Association as they may
exist from time to time.
1.1.6 "City"shall mean the City of Orono, Minnesota, a municipal col1)oration under
the laws of the State of Minnesota.
1.1.7 "Common Expenses" shall mean and refer to all expenses la"vfitlly made or
incurred by or on behalf of the Association in connection with the performance of any
obligation or function of the Association hereunder or under the Articles of Incorporation or
the Bylaws.
1.1.8 "County" shall mean and refer to Hennepin County, Krinesota.
1.1.9 "Crystal Creek." The property subject to this Declaration.
1.1.10 "Declarant" shall mean and refer to Kingsbridge Properties, Inc., and its
successors and assirrts, if such successor or assign shall acquire more than one undeveloped
Lot from the Declarant for the purpose of development of Crystal Creel: as a whole, as
opposed to construction for sale of Dwellings on particular Lots. Notwithstanding the
foregoing, no individual or entity acquiring a Lot from the Declarant shall become the
Declarant solely by such acquisition, but only by a specific assignment and assumption of the
rights and obligations of the Declarant hereunder, which assignment and assumption shall not
be effective unless the instrument of conveyance expressly sets forth the same. In the event
of such an assign.-nent, the assigning Declarant shall have no further obligat:_)ns to any Ov.-ner
or the Association arising out of this Declaration.
1.1.11 "Declaration" shall mean and refer to this instrument, and all exhibits hereto,
as the same may be amended from time to time, and filed for record in the office of the
County Recorder and/or Registrar of Titles (whichever is appropriate).
1.1.12 "Dwelling" shall mean and refer to anv dwelling on a Lot intended for use as
a single-family dwelling.
BUSSED 509186.9 7
1.1.13 "Entrance Monument" shall mean one or more entrance monuments for
Crvstal Creek to be constructed by the Declarant on the real property iegally described on
ir!it B attached hereto, and to be maintained by the Association in accordance with the
provisions of this Declaration.
1.1.14 "Lot" shall mean and refer to any lot located within the Property which is
platted as a residential lot and which is intended for use as, or used as; a site for a s1112le
Dwelling, but shall not include anv Outlot located \\•)thin the plat of Crystal Creek.
1.1.15 "Member." Each Owner entitled to membership in the Association pursuant
to the provisions of Article 11.
1.1.16 "Mortgage" shall mean and refer to a deed of trust, mortgage, contract for
deed, or other security instrument granting, creating or conveying a lien upon, a security
interest in, or a security title to any portion of the Property, or any interest therein.
1.1.17 "Mortgagee" shall mean and refer to any entity or person named as mortgagee
in any mortgage deed granting a lien ("Mortgage") on any Lot.
1.1.18 "NURP Ponds/Drainage Ways" shall mean the areas reflected as Drainaue
Easements on the Plat of Crystal Creek.
1.1.19 "Owner." The record Owner or contract vendee of the fee simple title to an),
Lot, but excluding contract vendors, mortgagees or any others having such interest merely
as security for the performance of an obligation.
1.1.20 "Private Roadway" shall mean the roadway constructed over Outlot A, Crystal
Creek, according to the plat thereof on file or of record in the Office of the County Recorder
in and for Hennepin County, Minnesota.
1.1.21 "Property" shall mean and refer to that real property legally described in
Exhibit A, attached hereto and made a part hereof.
1.1.22 "Temporary Cul-de-sac" shall.mean a temporary cul-de-sac to be constructed
over the area legally described on Exhibit D attached hereto.
ARTICLE H
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 2.1 Membership. Each Owner of a Lot is a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership.
Section 2.2 Voting Rights. The Association shall have only one (l) class of voting
Membership:
BUSSED 509186.9
Members shall be all Owners o:' one or more Lots. When
more than one person or entity shares ownt-rship of a Lot, the
vote shall be exercised as they determine among themselves.
Section 2.3 Suspension of Voting Rig=hts of Nlembers. The right of any ,'Member to vote
shall be suspended during ani, period in which any such Member shall be delinquent in the payment
of anv assessment levied by the Association. Such rights may also be suspended, alier notice and
hearing, for a period not to exceed sixty (60) days for any infi-action of any rules or regulations
published by the Association.
ARTICLE III
PPLIVATE ROADWAY AND TEMPORARY CUL-DE-SAC
Section 3.1 Roadwav and Utility Easements. Declarant hereby declares and creates a
perpetual, non-exclusive private easement over the Private Roadway for vehicular travel and for the
installation and maintenance of utilities, and declares and creates a temporary, non-exclusive private
easement for veNcular travel over the Temporary Cul-de-sac, which easements shall be for the benefit
of the Lots and for use by the Owners and their invitees and other public service providers, such as
police, fire, bus and ambulance services, which road easement shall be extended to the owner(s) of
Outlot B, if and when, Outlot B is replatted into residential lots. The temporary easement over the
T:elnporary Cul-de-sac shall exist only for so long as the Temporary Cul-de-sac is in use, and said
temporary easement shall terminate without action by any party hereto if, and when, the Private
Roadway is extended through into the land adjoining the Property.
Section 3.2 Ownership of the Private Roadway. The fee title to the Private Roadway
(Oudot A) shall be owned and held by the Association, subject to the easements described in Section
3.1 above. In the event City shall determine it to be in the public interest to utilize the Private
Roadway as a public street, the Association shall, after notice in accordance with applicable .
provisions of the City's Code and Minnesota law, convey its intere.� in the Private Roadway (Outlot
A) to the City for no additional consideration therefor.
Section 3.3 Ownership of the Temporary Cul-de-sac. The fee title to the land underlying
the Temporary Cul-de-sac shall be owed by the Owners of the Lots under which the Temporary Cul-
de-sac is located.
Section 3.4 Maintenance and Removal of Private Roadway and Temporary Cul-de-sac.
3.4.1 Declarant shall be responsible, at its expense, for initial construction of the
Private Roadway and the Temporary Cul-de-sac, which shall in all respects conform to the
requirements of the City. The Association shall pay for any and all costs incurred in
connection with the maintenance, repair and replacement of the Private Roadwav and the
Temporary Cul-de-sac, and shall assess all such costs among the Owners of the Lots equally
as a Common Expense Assessment. Maintenance shall include construction, reconstruction,
resurfacing, snow removal; sanding and salting, as necessary, lighting, striping, and curbing
as the Association shall determine necessary; provided, however, that all maintenance shall
be conducted in compliance with all applicable provisions of the City of Orono Municipal
BUSSED 509186.9 4
1
Rool,
1
Cod- (the"Code"). Upon the termination of the temporary easement over the Temporary
Cul-de-sac, the Association shall be responsible for the removal of the Temporary Cul-de-sac
and the res-oration of the property lying thereunder, and the payment of all costs associated
velth such removal and restoration, which such costs shall be assessed to the Owners.
3.4.2 The plans, specifications and the awarding of contracts for maintenance of the
Private Roadway and the Temporary Cul-de-sac shall be approved in writing by the Owners
of fifty percent (50'/"0) of the Lots.
3.4.3 No Owner may exempt himself/herself from the liability for assessments by
waiver of the use or enjoyment of the Private Roadway or by the abandonment of his/her Lot.
Section 3.5 Prohibitions of Use of Private Roadway.
.3.5.1 No Owner shall obstruct or interfere whatever with the riehts and privileges
of other.Owners in the Private Roadway or the Temporary Cul-de-sac and except for
maintenance of the Private Roadway or the Temporary Cul-de-sac, nothing shall be planted,
altered, constructed upon or removed from the Private Roadway or the Temporary Cul-de-
sac.
3.5.3 No Owner shall obstruct or interfere with the passage of any school bus or
emergency vehicle over or across the Private Roadway or the T:nporary Cul-de-sac.
3.5.3 No vehicles shall be parked in the Private Roadway or the Temporary Cul-de-
sac for a continuous period of time greater than twenty-four hours.
3.5.4 No vehicular repair or maintenance may be conducted in the Private Roadway
or the Temporary Cul-de-sac.
Section 3.6 Violation and Enforcement.
3.6.1 In the event the Owners fail to conduct any required maintenance to the
Private Roadway or the Temporary Cul-de-sac, it is agreed by all Owners that the City, may
undertake such maintenance and assess each Lot an equal, proportionate share of the
maintenance conducted by the City. Any such maintenance conducted by the City will not
result in the Private Roadway or the Temporary Cul-de-sac becoming a public roadway.
Each Owner will pay to the City its equal, proportionate cost incurred by the City within
thirty (30) days after Owner's receipt of such charges, or else such charge, including
attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which
payment has not been made.
3.6.2 If an Owner shall violate any of the obligations, covenants, conditions or
restrictions contained in this Declaration, the remaining Owners shall have the right to enforce
this Declaration, and in the event an Owner's violation results in dama,e to the Private
Roadway or the Temporary Cul-de-sac, Owners may restore the Private l:oadway or the
Temporary Cul-de-sac to its prior condition and assess the cost of such restoration against
i
' BUSSED 5091,96.9 5
the violating Owner. Any such assessment shall become due and payable upon the demand
of any of said remain:in- Owners. All of the remaining Owners, or any of them; shall have the
right and power to enforce this Declaration and to collect the cost of anv maintenance
required as a result of an Owners violation, in a legal proceedinu for that purpose. The
prevailing party in any such legal proceedings shall further be entitled to recover such
reasonable attorney's fees as the court may allow, together with all neeessar , costs and
disbursements incurred in connection therewith. Nothing contained in this Section is intended
to alleviate any obligation of an Owner to pay assessments to the City. In the event any
assessments are levied by the City as a result of violations of an individual Owner or Owners,
then such non-violating Owners may collect such Sums paid to the Cite from any violating
Owner, in accordance with this Section.
A RTI CLE INS
PRIVATE DRIVEWAY EASEAIENT
Section 4.1 Private Driveway Easement. Declarant hereby declares and creates a-fifteen
foot (15')temporary, exclusive and appurtenant driveway easement for vehicular travel, over, tender
and across that part of Lot 6, Block 1, CRYSTAL CREEK, according to the recorded plat thereof,
Hennepin County, i\9.innesota, lying northerly of and adjoining a line described as bei-,innin- at the
southeast corner of said Lot 6; thence westerly, along the southerly line of said Lot 6, a distance of
110.46 feet and said line there terminating. This driveway easement shall be appurtenant to and for
the benefit of the Owner of Lot 7, Block 1, Crystal Creek, according to the recorded plat thereof,
Hennepin County, Minnesota, and for the invitees of said Owner, and other public service providers,
such as police, fire, and ambulance services. This temporary driveway easement shall terminate
without action by any party, if, and when, the Private Roadway over Outlot A is extended into the
land adjoining the Property such that the Owner of said Lot 7, Block 1, Crystal Creek is provided
with legal and physical access to and from said Private Roadway.
Section 4.2 Maintenance and Removal of Private Driveway. The Association shall pay for
any and all costs incurred in connection with the maintenance, repair and replacement of the Private
Driveway, and shall assess all such costs among the Owners of the Lots equally as a Common
Expense Assessment. Maintenance shall include construction, reconstruction, resurfacing, snow
removal, sanding and salting. Upon the termination of the temporary driveway easement, the
Association shall be responsible for the removal of the temporary driveway and the restoration of the
property lying thereunder, and the payment of all costs associated with such removal and restoration,
which such costs shall be assessed to the Owners.
Section 4.3 Prohibitions of Use of Private Drive-,vay. The Owner of said Lot 6, Block 1,
Crystal Creek, shall not obstnlct or interfere with the rights and privileges of the Owner of said Lot
7, Block 1, Crystal Creek in its use and enjoyment of the Private Driveway. The Owner of said Lot
7, Block 1, Crystal Creek shall not permit any person to park on the Private Driveway.
BUSSED 309186.9 6
i
i
the violating Owner. Any such assessment shall become due and payable upon the demand t
of any of said remaining Owners. All of the remaining Owners, or any of them; shall have the
right and power to enforce this Declaration and to collect the cost of any maintenance
required as a result of an O\vners violation, in a legal proceeding for that purpose. The
prevailing party in any such legal proceedings shall further be entitled to recover such
reasonable attorneys fees as the court may allow, together with all necessary costs and I
disbursements incurred in connection therevvith. Nothing contained in this Section is intended
to alleviate any obligation of an Owner to pay assessments to the City. In the event any
assessments are levied by the City as a result of violations of an individual Owner or Owners,
then such non-violating Owners may collect such sums paid to the City from any violating
Owner, in accordance with this Section.
ART]CLE Ill
PRIVATE DRIN'ENVAY EASEINIENT
I
Section 4.1 Private Driveway Easement. Declarant hereby declares and creates a-fifteen i
foot (15')temporary, exclusive and appurtenant driveway easement for vehicular travel, over, under +
and across that part of Lot 6, Block 1, CRYSTAL CREEK, according to the recorded plat thereof,
Hennepin County, Minnesota, lying northerly of and adjoining a line described as beginning at the
southeast corner of said Lot 6; thence westerly, along the southerly line of said Lot 6, a distance of
110.46 feet and said line there terminating. This driveway easement shall be appurtenant to and for
tate benefit of the Owner of Lot 7, Block 1, Crystal Creek, according to the recorder; plat thereof,
Hennepin County, Minnesota, and for the invitees of said Owner, and other public service providers,
such as police, fire, and ambulance services. This temporary driveway easement shall terminate
without action by any party, if, and when, the Private Roadway over Outlot A is extended into the
land adjoining the Property such that the Owner of said Lot 7, Block 1, Crystal Creek is provided
with ley=al and physi,.al access to and from said Private Roadway.
Section 4.2 Maintenance and Removal of Private Driveway. The Association shall pay for
any and all costs incurred in connection with the maintenance, repair and replacement of the Private
Driveway, and shall assess all such costs among the Owners of the Lots equally as a Common
Expense Assessment. Maintenance shall include construction, reconstruction, resurfacing, snow
removal, sanding and salting. Upon the termination of the temporary driveway easement, the
Association shall be responsible for the removal of the temporary driveway and the restoration of the
property lying thereunder, and the payment of all costs associated with such removal and restoration,
which such costs shall be assessed to the Oyvners.
Section 4.3 Prohibitions of Use of Private Driveway. The Owner of said Lot 6, Block 1,
Crystal Creek, shall not obstruct or interfere with the rights and privileges of the Owner of said Lot
7, Block 1, Crystal Creek in its use and enjoyment of the Private Driveway. The Owner of said Lot
7, Block 1, Crystal Creek shall not permit any person to park on the Private Driveway.
BUSSED 509186.9 6
ARTICLE V
NURP PONDS/DRAINAGE WAYS
1
Section S.l Easements. The Declarant hereby grants and conveys to the. Association,an
easement over, under and across the real property depicted on Uhibit—attached hereto, and such
additional real property of the Owners as is reasonably necessary to Sail, access to and froni the
NURP Ponds/Drainage Ways. for the purpose of maintaining, repairing and restoring the NlJRP
Ponds/Drainage Ways in accordance with all applicable rules, regulations and statutes.
Section 5.2 Violation and WQ cement.
5.2.1 In the event the Association fails to conduct any required mstinteaance to the
NURP Ponds/Drainage Ways or the Temporary Cul-de-sac, it is agreed by the Association
and the afTected Owners that the City,may undertake such maintenance amt assess each Lot
an equal. proportionate share of the matntenance conducted by the City. Any such
maintenance conducted by the City will not remit in the NURP Ito nds/Drainage Ways
becoming a public area. Each Owner will pay to the City its equal, proportionate can
incurred by the City within thirty(30)days after Owner's receipt of such charges, or else such
charge,including attorneys' fees and costs in collection thereof, shill become a lien upon the
Lot for which payment has not been made.
ARTICLE VI
ENTRANCE MONUMENTS
Section 6.1 fasgmsn.ts. The Declarant hereby grants and conveys an easetuent to the
Association over,under and across the real property described on FxhibjL@ attached hereto for the
purpose of maintaining, repairing and restoring the Entrance Monuments and the landscapinc,
surrounding the Entrance Monuments.
AW11CLE VII
DUTIES OF ASSOCIATION
Section 7.1 MAintsnariee h AgAr&fiQn. The Association shall provide the following
maintenance:
7.1.1 Maintenance of any Entrance Monuments specific to Crystal Creek, and lite
landscaping and grounds around Elie Entrance Monuments;
7.1.2 Maintenance,repair and replacement of the NUlti' Ponds it, accordance with
all applicable rules, regulations and statutes.
7.1.3 Maintenance, repair and replacement, as necessary, of the Private Roadway
and the Temporary Cul-de-sac, the costs for which shall be assessed arttong the Lots equally
as a Common Expense Assessment.
7
7.1.4 Maintertance, for purposes of this Declaration, shall include, but not be limited
to, as necessary, any hazard and liability insurance deemed necessary by fire Association.
Section 7.2 Enforcement of Covenants and Restrictions. The Association shall be
responsible for the enforcement of the covenants and restrictions contained in this Declaration.
ARTICLE 111.1
ASSESSMENTS
Section 8.1 Creation of Assessments. The Declarant, for each Lot ov,,ned by it, hereby
covenants, and each Owner of any Lot, by acceptance of a deed for a Lot, whether or not it shall be
so expressed in the deed or any.conveyance, is deemed to agree to pay to the Association: (a) Annual
Assessments, and (b) any Individual Lot Maintenance Assessments levied against the Owner's Lot
pursuant to the provisions of this Declaration.
Section 8.2 Purpose of Annual Assessments The Annual Assessments shall be levied for
the purpose of paying the costs associated with the duties of the Association as set forth in this
Declaration, together with the incidental costs of operating the Association.
Section 8.3 Levv of Annual Assessments. The Annual Assessment must be fixed at a
uniform rate for all lots.
Section 8.4 Common Expense Assessments. Common Expense Assessments shall be
allocated equally among all Lots.
Section 8.5 Individual Lot Maintenance.Assessments. In the event that any Owner violates
any covenant or fails to perform any term, covenant or condition contained in tills Declaration, the
Association may perform the act, remove the defect or correct the violation upon thirty (30) days
written notice to the Owner and may levy an assessment to pay the cost thereof (hereinafter, .
"Individual Lot Maintenance Assessment") against such Owner's Lot.
Section 8.6 Effect of Nonpayment of Assessments' Remedies of Association. The Annual
Assessments and Individual Lot Maintenance Assessments shall be fixed as provided in this
Declaration. ' If any such assessment is not paid when due, it shall become delinquent and shall,
together with interest at a rate of eight percent (8%) per annum, any cost of collection and any
attomey's fees, become a continuing lien on the Lot and shall also be the personal obligation of the
Owner of the Lot at the time the assessment is made. The lien may be enforced and foreclosed by
action in the same maturer in which mortgages may be foreclosed in It'Iinnesota. Each Owner, by
acceptance of a deed for an), Lot, shall be deemed to give full and complete power of sale to the
Association and to consent to a foreclosure of the lien by advertisement. The Association may also
bring an action at law against the Owner personally obligated to pay the assessment.
Section 8.7 Subordination of Lien to First Mortgages. The lien of Assessments provided
for herein shall be subordinate to the lien of any first Mortgage, and the sale or transfer of any Lot
shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to the
BUSSED 5091M.9 8
7.1.4 Maintenance, for purposes of this Declaration, shall include, but not be limited
to, as necessary, any hazard and liability insurance deemed necessan• by the Association.
Section 7.2 Enforcement of Covenants and Restrictions. The Association shall be
responsible for the enforcement of the covenants and restrictions contained in this Declaration.
ARTICLE VIII
ASSESSMENTS
Section 8.1 Creation of Assessments. The Declarant, for each 1-oi owned by it, hereby
covenants, and each Owner of any Lot, by acceptance of a deed for a Lot, whe=.her or not it shall be
so expressed in the deed or any conveyance, is deemed to agree to pay to the Association: (a) Annual
Assessments, and (b) any Individual Lot Maintenance Assessments levied a�.:ainst the Owner's Lot
pursuant to the provisions of this Declaration.
Section 8.2 Purpose of Annual Assessments The Annual Assessments shall be levied for
the purpose of paying the costs associated with the duties of the .Association as set fortis in this
Declaration, together with the incidental costs of operating the Association.
Section 8.3 LeNn, of Annual .Assessments. The Annual Assessment must be fixed at a
uniform rate for all lots.
Section 8.4 Common Expense Assessments. Common Expense Assessments shall be
allocated equally among all Lots.
Section 8.5 Individual Lot Maintenance Assessments. In the event that any Owner violates
any covenant or fails to perform any term, covenant or condition contained in this Declaration, the
Association may perform the act, remove the defect or correct the violation upon thirty (34 ) days
written notice to the Owner and may levy an assessment to pay the cost thereof (hereinafter,
"Individual Lot Maintenance Assessment") against such Owner's Lot.
Section 8.6 Effect ofNon pa«nent of Assessments Remedies of Associ�Tion. The Annual
Assessments and Individual Lot Maintenance Assessments shall be fixed as provided in this
Declaration. ' If any such assessment is not paid when due, it shall become delinquent and shall,
together with interest at a rate of eight percent (8%) per annum, any cost of collection and any
attorney's fees, become a continuing lien on the Lot and shall also be the personal obligation of the
Owner of the Lot at the time the assessment is made. The lien may be enforced and foreclosed by
action in the same manner in which mortgages may be foreclosed in Minnesota. Each Owner, by
acceptance of a deed for any Lot, shall be deemed to give full and complete power of sale to tile,
Association and to consent to a foreclosure of the lien by advertisement. The Association may also
bring an action at lav against the Owner personally obligated to pay the assessment.
Section 8.7 Subordination of Lien to First Mortgages. The lien of Assessments provided
for herein shall be subordinate to the lien of any first Mortgage, and the sale or transfer of any Lot
shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to the
BUSSED 509186.9 8
I
foreclosure of a First Mortgage, or pursuant to any other proceeding or arrangement in lieu of such 1
foreclosure, shall extin�.:uish the lien of such Assessments aN to installments which became due prior �
to the effective date of such sale, transfer or acquisition by the Mortgagee to the end that no '
Assessment liability shall accrue to an acquiring, i\9ortgagee except with respect to installments of
:'Assessments becoming due after possession has passed to such acquiring Mortgagee, whether such !
possession has passed at the termination of any period of redemption or otherwise. In the event of
thy extin_guislmient of such Assessment lien as aforesaid, the entire amount of such unpaid Assessment
shall be reallocated and assessed against.. and payable by the Owners of all other Lots exclusive of
such mortuaged Lot. No such sale, transfer or acquisition of possession shall relieve an Owner or
a Lot from liability for any Assessments thereafter becoming due or from the lien thereof, or shall
relieve the person personaliy obligated to pay the Assessments which were levied prior to the transfer
or such property from the personal obligation to pay the sante.
Notwithstanding any provision herein, no land or improvements devoted to Dwelling use shall �
be exempt from said assessments, charges or liens.
ARTICLE L1
LOT USES AND RESTRICTIONS
Section 9.1 Use. No Lot shall be used except for residential purposes; no Dwelling shall
be erected, altered, placed or permitted to remain on any Lot other than one single family D\velling,
not to exceed t,%No (2) stories in height, plus basement and an attached garage for at least two (2) cars
and on-site parking spaces to accommodate at least two (2) cars. No garages shall be erected on any
site except attached garages and no attached garage for more that four (4) cars shall be permitted
without the express written approval of the Association. Any and all initial construction, or alteration
to the exterior of any structure within Crystal Creek shall first be approved by the Association prior
to any construction or alteration. No Dwelling or other structure shall be erected, or the exterior
altered until the construction plans are submitted and approved in writing by the :Association.
Section 9.2 Subdivision. No Lot shall be subdivided or split by any means whatsoever into
any greater number of residential Lots, nor into any residential lots of smaller size without the express
writte:• consent of the Association and appropriate government units except that if the Owner of a
full Lot desi-es to construct a Dwelling using an area larger than the area of any one single Lot as
originally platted, then the adjoining Lot may be divided and part thereof added to any one of more
adjoining single Lots solely for the purpose or result of increasing the area on which a single-family
Dwelling will be erected. No Dwelling shall be erected on a Lot which contains a lesser area that any
original Lot as platted. The maximum number of"units" that may be created by siibdivisior is zero
(0).
Section 9.3 Detached Vehicie Storai-,e Structures. No vehicle storage building or structure
detached from the Dwelling shall be permitted, except structures that conform architecturally, using
the same building materials and stele as the Dwelling and with the approval of the Association.
Stcraue of firewood, refuse, rubbish. and cuttings, will be contained Nvithin the Lai-age or screened
to prevent view from street or side and rear yard of adjacent properties.
BUSSED 5091M.9 9
Section 9.4 Crovernmental Standards. All uses of the Lots shall, at a minimum, comply
with zoning and other applicable ordinances and regulation of appropriate government units. Such
recmdations shall be considered as requirements in addition to any requirements of the Association.
Section 9.5 Minimum Square Footage and Set Bacl Provisions. The Association shall
have the right to specify a reasonable minimum square footage for any Dwelling and to increase mini-
mum setbacks from those otherwise specified under local ordinance to help sight lines, street scape
and rear lot appearances.
Section 9.6 No Pets and Animals. No birds, animals or insects shall be kept on any Lot
except dogs, cats and other common house pets provided that they are not kept, bred or maintained
for commercial purposes. Cats must be restrained within a confined area when outside the home or
garage. Dogs must be kept under voice control or kept on a leash or restrained withilt a confined area
when outside the home or garage. The Association shall have authority to determine compliance with
these provisions.
Section 9.7 Home Occupation. No profession or home industry shall be conducted in any
Dwelling or on any Lot without the specific written approval of the Association. Home occupations
may be permitted within the home that do not create a nuisance or excessive vehicular traffic within
the neighborhood.
Section 9.8 Nuisances. No clothes line or drying yards or pet control lines shall be
permitted unless concealed by hedges or screening acceptable by the Association. No unsightly
growths shall be pernvtted to grow or remain upon the premises. No refuse pile or unsi`,lltly objects
shall be allowed on any Lot. In the event that an Owner of any Lot shall fail or refuse to keep it free
from weeds, refuse or other unsightly objects, then the Declarant or the Association may enter upon
such Lot and remove the same at the expense of the Owner. No Lot shall be used in whole or in part
for storage of rubbish, nor for the storage of any property or thing which will cause such Lot to
appear unclean or untidy; nor shall any substance, thing or material be kept on an), Lot which emits
any foul or obnoxious odor, or which causes any noise which may disturb the peace, quiet, comfort,
or serenity of the occupants of any adjacent property. The outside storage of an unlicenced or
inoperable motor vehicle upon a Lot shall be considered a nuisance. No boat, trailer or camper shall
be parked for more than 48 hours on any Lot or on Private Roadway or temporary Cul-de-sac.
Section 9.9 No Leasing or Time share. No Owner shall be permitted to Lease his or her
Dwelling. Time share of"units" are not permitted.
Section 9.10 Fences and Boundary Walls. No wall or fence shall be constructed on any Lot
i the height, type, design, and location have been approved in writing by the Association. Fencing
for dog runs must be incorporated with the Dwelling materials, and may not extend toward the front
yard beyond the rear wall of the Dwelling closest to the rear property line, and must be built of wood
or identical siding materials as the home and be comparable with the original home design.
Decorative fencesiwalls constructed in front yard areas must be 60 inches in height or less and be built
of wood, wrought iron or materials identical to or comply--mentary with the exterior of the home itself
or else identical to the exterior of tite home. Fencin; or dog runs must be incorporated with the
house materials and must not extend toward the front yard beyond the rear wall of the house closest
BUSSED 509156.9 10
to the rear property line and, subject to approval by the Association, must be constructed of wood
o- other identical or complementary materials, as above-described. Chain link fen::n« shall permitted
only if inside of and concealed by wood fencing. Under no circumstances shall a boundary wall or
f:nce be permitted with a height of more than six (6) feet. The height or elevation of anv \\,all or
fence shall be measured from the existin— elevations on the property at or along the applicable point
or lines. Any question as to such heights may be completely determined by the :association. Tile
height limitations as set forth in this paragraph shall not be applicable to tennis court enclosures,
provided such enclosures have been approved by the Association. A refusal by the Association to
allow or pern-iit a fence or wall (including_ tennis court enclosures and swimming, pool fences) oil any
particular Lot in any particular location shall not be construed to be an abuse of discretion.
Section 9.11 Storgue Tanks. No permanent storage tanks of anv kind shall be erected,
placed or permitted on any Lot unless buried or effectively screened from view outside the Lot.
Section 9.12 Temporary Structures. No structure of temporary character, trailer, basement,
tent, shack, garage, barn or other building shall be used on any Lot at any time as a Dwellinti, either
temporarily or permanently.
Section 9.13 Auxiliary Structures. No detached dog kennels, runs or enclosures shall be
permitted unless design and location of same shall be approved by the Association. No detached
storage buildings shall be permitted except those approved by the Association as conforming in design
and appearance to the Dwelling, and which are located in the proximity of the Dwelling or garage.
Section 9.14 Drive,,vays. Driveways must be constructed of concrete, bituminous or other
hard surface material. Material and installation shall be subject to approval of the Association.
Driveways must be installed within one year of the date of a Certificate of Occupancy issued for any
Dwelling constructed upon a Lot.
Section 9.15 Exterior Lighting. All exterior lighting fixtures and standards shall be shown
on submitted plans and shall comply with the overall lighting plan of the Declarant. All forms of exte-
rior lighting shall be subject to approval of the Association.
Section 9.16 Ex-teri.-)r Ornaments. Exterior ornaments including but not limited to precast
concrete, plastic or wood fimurines, wishing wells and windmills shall be prohibited unless approved
by the Association prior to installation or construction.
Section 9.17 Antennas. Except with the prior written approval of the Association, no
satellite dishes in excess of 24 inches in diameter, nor an}, exterior television or radio antenna of any
sort shall be placed, allowed or maintained on any portion of a Lot, or the improvements or structures
thereon. Approval shall be based on acceptable appearance, small size and screening from view..
Section 9.1 S Comnletion of Construction of Improvements. All construction work shall,
upon approval of plans by the Association, be carried on with dispatch; all improvements shall be con-
structed in conformity with the then existing buildin- codes of the City; and all buildings plans shall
be prepared by or under the supervision of a registered architect; builder or qualified design
professional. If any structure is begun after approval of the plans, and is not completed within one
BUSSED 5091M.9 I I
year after the commencement of said construction, and in the judgment of the Association, it is
offensive or unsightly in appearance, the Association may take such steps as mai be necessar), to
make the Property harmonious with other properties, including completion of the exterior of the
structure, screening or covering the structure or anv combination thereof, or similar operations. The
amount of any such expenditure shall be the personal,joint and several obligatim, of the Owner or
Owners and shall be a lien against the lot which may be enforced as an Individual Lot Maintenance
Assessment hereunder.
Section 9.19 Repair to Curbin.,,. It shall be the responsibility of the Owner to repair or
replace any curbing damaged during construction of the Dwelling or during site improvements made
to O%vner's Lot.
Section 9.20 Sitework. All Lots shall be sodded and/or seeded, within six (6) weeks of
completion of the Dwelling, weather and season permitting, or as soon as possible in the subsequent
growing_ season, if the Dwelling is completed during winter months. Sod (or ground cover approved
by the Association) shallbe placed, at a minimum, for total coverage of the front and side yards
except areas of preserved vegetation and extending forty (40) feet beyond the rear wall of the
Dwelling closest to the rear property line. The remainder of the rear yard may be sodded, seeded,
or planted in a manner which will produce sufficient vigorous grass growth or ground cover which
provides the same appearance and growth character or soil protection as the sod placed or natural
seed mixtures planted or planned for planting.
Section 9.21 Landscaoina. All landscape materials shall be hardy and native to the area.
All landscaping and grass areas within the Lot shall be installed prior to occupancy, or as soon
thereafter as weather permits, and shall conform to g planting J Ruidelmes as set by the
`eneral
Association o- Declarant, and be maintained in good faith.
Section 9.22 Si_nage. No sign shall be placed on any Lot or within the Property without
the express written consent of the Association, except that one "for sale" sign of typical size and
proportion notgreater than 5 square feet may be placed on a Lot by all Owner or the Declarant
without Association approval.
Subdivision identification entrance monuments may be installed by Declarant and entrance and
advertising signs may be installed by Declarant and maintained until Declarant no longer owns an}'
Lot.
During the constnrction and sales period of Crystal Creek, the Declarant may place such
directional and advertising signs as it deems necessary or desirable for the sale of Lots.
Section 9.23 Drainfields and Wetlands. Each Lot has two sewa,e treatment sites that have
been approved by the City. In most cases, these are the only two feasible sites on each Lot, and must
not be disturbed. The existing natural topsoil must remain in place and must not be subject to an},
traffic which will cause even the slightest compaction. To protect those important sites from
inadvertent damage or destruction, no Owner shall permit anv cars, trucks, or earth moving
equipment to enter upon the Lot of any other Owners. Each Owner must sign a separate Drainfield
BUSSED 509186.9 17
Covenant in the form attached hereto as Exhibit E, NN.-hich such Covenant shall be recorded auainst
the Owners' Lots.
The Association has executed a storm facility maintenance a<_reement with the Minnehalla
Creel: \Vatershed District for the maintenance of the drainage facility, a true and correct copy of
which is attached hereto as Exhibit . The Association shall maintain and repair the drainage facility
Nvith all applicable provisions of the City's Code. General assessments shall be imposed upon each
Owner of a Lot for the purpose of satisfying the requirements of the storm Neater facility maintenance
facility agreement and for the general maintenance of the drainage facility in accordance with all
applicable provisions of the City's Code.
To promote natural vegetation, maximize wildlife habitat, control erosion, improve water
quality for the benefit of the Owners of the Lots, no person shall fill, install an}' structure, apply any
herbicide, drain, burn, remove any trees, or undertake any activity which violates the rules,
reguiations or ordinances of the Minnehaha Creek \Watershed District, the U.S. Corps of Engineers,
the Cite, or such other applicable laws and regulations.
In addition, each Owner and future Owner of Lot 1, Block 2, Crystal Creel:, according to
the recorded plat thereof, Hennepin County, Minnesota, is hereby notified that any and all land
alt.:rations which affect the Type 1 and Type II ,vetlands delineated on Exhibit Cr attached hereto,
must be approved by the Minnehaha Creek Watershed District, the U.S. Corps of Engineers and the
Cite prior to submitting the plan for alteration to the City. This Covenant of Dedication concerning
Type I and Type II wetlands may be changed,modified or revoked only upon written approval of the
1\11innehaha Creek Watershed District, he U.S. Corps of Engineers and the City.
ARTICLE X
OWNE'R'S DUTIES «'ITIS RESPECT TO
LOT NIARl TENANCE
Section 10.1 Mailboxes. Each Owner shall maintain a mailbox of the design and type
initially installed by the Declarant or as on file with the Association. The mailboxes shall be on the
public right-of-way, and may be located in groups of two (2) or more. The Association reserves the
ri<,ht to install or repair an Owner's mailbox and to levy an Individual Lot Maintenance Assessment
against a Lot, pursuant to the provisions of Article VIII hereof, should an Owner fail to i'roperly
install of maintain the same. Each Owner shall have a combined Mailbox/Lot Address Post or (when
due to postal requirements) a separate Mailbox Post and Lot Address Post. Posts shall be obtained
fron, a supplier designated by the Association or be constructed by a prior approved
coilJactor/vendor in strict conformance with the Association's plans, details, and specifications
therefor. Mailboxes shall be installed in locations specified by the Association.
Section 10.2 Maintenance and Repair. In order to preserve the uniform and high-standard
appearance of the Property, each Owner undertakes responsibility for maintenance and repair of the
exterior of his or her Dwelling, exterior yard area and private driveway on the Lot. Such
responsibility for maintaining the Lot and improvements thereon shall include, but not be limited to
the followinu: the maintenance and repair of exterior surfaces of all buildings oil the Lot, including
but without limitation, the painting of the same as often as necessary, the replacement of trim and
BUSSED 509186.9 13
caulking, the maintenance or repair of roofs; gutters, down spouts and overhanus, the maintenance
a..^,c repair of exterior xvindo%vs and doors, necessar,? painting, staining and repair of patio structures.
In rttaintaininu exterior yard areas and private driveways all Owners shall be required to mow, trim,
N:::!er or otherwise care for erass, trees or other plants located on a Lot and shall be required to
remove snow from the private driveways, parkin!;areas and walk-ways to the Dwelling. 1\1aintenance,
painting and construction shall be in the original colors and materials, or according to approved color
boards on file with the Association. Other, colors and materials shall require approval by the
Association.
ARTICLE XI
GENERAL PROVISIONS
Section H.] Association Easement. The Association shall have a nonexclus. .•e easement
to enter upon any Lot in order to perform any obligations or duties of the Association hereunder, or
to exercise any right or rernedy of the Association hereunder. I
i
Section 11.2 Enforcement. In the event any Owner fails to comply witi, the provisions of
this Declaration, or the Bylaws or Articles of Incorporation of the Association or-with decisions of
the Association or the Association which are made pursuant thereto, Such failure will give rise to a
cause of action on the part of the Association, or any aggrieved Owner for the recovery of damag=es �
or injunctive relief, or both. Owners shall have a similar right of action against the Association.
Enforcement of these covenants and restrictions may be by any proceeding at lav: in equity.
Section 11.3 Severabi itv. Invalidation of any one of these covenants or restrictions by judg-
ment or court order shall in no way affect any other provision which shall i-ntain in full force and
effect.
Section 11.4 Rules and Regulations. The Board of Directors of the Association may, from
time to time, adopt such rules and red(Vulations as the Board, in its sole discretion, deems appropriate
or necessary, including, without limiting the generality of the foregoing, additional rules and regula-
tions concerning the use of parking areas, maintenance of the Common Areas and additional rules and
regulations concerning the appearance of each Lot and utilization of ponding areas. Without limiting
the generality of the foreamini:. the Association may adopt rules and regulations governing the use
of chemical fertilizers.
Section 11.5 Rights of Declarant. Until the last Lot is sold and conveyeu to an Owner other
than a Declarant, the following activities by Declarant or with the written consent of Declarant will
not be deemed violations of the covenants and restrictions of this Declaration:
(a) The use of a Lot or Lots for model and sales office purposes;
(b) The storage of a construction trailer, equipment, materials and earth
during the initial construction of Dwellin<"s on Lots;
BUSSED 509186.9 1
dt
(c) The display on Lots of signs advertising the Property, or new
D\�•ellings, and the maintenance of temporary fencing, walkways, landscaping and
berming in the vicinity of model and sales units;
(d) Complete improvements indicated on the Plat, ifany, under Section
51513.2-1 10 of the Minnesota Common Interest Ownership .Act.
Section 11.6 Duration of Covenants and Easements. The covenants, restrictions, and
easements of this Declaration shall run -vOth and bind the land and shall inure to the benefit of and be
enforceable by the Association or the Owner of any Lot subject to this Declaration, or their respective
leual representatives, heirs, successors and assigns. The easements set forth herein Shall be perpetual.
The covenants, restrictions, conditions and reservations imposed and creaied by this E)cclar ation shall
be perpetual, and considered exempt from the thirty (30) year durational limit set forth in Section
500.20, subd. 2a of Minnesota Statutes, pursuant to Minn. Stats. Section 500.20 subd.2a(5). The
covenants and restrictions of this Declaration may be amended during the first twenty (20) year
period by an instrument signed by not less than seventy-free percent (75%) of the Owners and
thereafter by an instrument signed by not less than sixty-seven percent (67%) of the Owners. Any
amendment must be properly recorded.
Section 11.7 Master Association. Crystal Creek is not subject to a"master association" as
that term is defined in Minn. Stat. ?;51513.1-103(21).
Section 11.8 Boundaries and"Unit" Identifier. The boundaries of each "unit", as that term
is defined in Minn. Stat. §515B.1-103(33), are identical to the boundaries of the Lot. The "unit"
identifier is the legal description of each Lot.
Section 11.9 Number of Residential "Units". The total number of"units" to be created in
Blocks 1 and 2 of Crystal Creek is twelve (12) Lots all of which will be restricted to residential use.
Prior to the platting of Oudot B, Crystal Creek, the maumum number of"units" permitted within the
Crystal Creek subdivision is, twelve (12).
Section 11.10 Amendments. The provisions of Article III may not be amended or revised
without the consent of the owner of the Outlot B, Crystal Creek.
BUSSED 509155.9 15
fi •
IN WITNESS WHEREOF, the undersigned, beim* the Declarant herein. has executed this
Declaration of Protective Covenants this /5—M day of April, 1997.
KINGSBRIDGE PRO1'EIZTIES, INC. a
l\,Iinnmta corporatiorj
Nan
Title
STATE- OF NII—NT'ESOTA )
ss.
COUNTY OF HENINTPIN )
The foregoing instrument was acknowledged before me this /J'tL dal of April, 1997
by the % i1 �. of
Kingsbridge Propenies, Inc. a 1\Zinnesota corporation on behalf of the corporation.
Notary Public
This instrument was drafted by:
VALERIE'VIITR
Doherty, Rumble & Butler, P.A. �'�
3500 Fifth Street Towers A
04
150 South Fifth Street
Minneapolis, MIST 55402
ov..Vim... __....✓ / r.
i•
BUSSED 509186.9 16
EXHIBIT A
[PROPERTY SUBJECT TO DECLARATION]
Lots 1, 2, 3, 4, ;, 6 and 7, Block 1,
Lots 1, 2, 3, 4 and >, Block 2;
Outlots A, B, and C,
All in CRYSTAL CREEK, according_ to the recorded plat thereof, Hennepin County, Minnesota.
EXHIBIT B
[ENTRA-NICE MONUMENT EASEMENT AREA]
That part of Lot 1, Block 1, CRYSTAL CREEK, according to the recorded plat thereof,
Hennepin County, Minnesota, ling southeasterly of a line drawn from a point on the south line of
said Lot 1 distant 30.00 feet westerly of the southeast corner of said Lot 1 to a point on the east
line of said Lot 1 distant 30.00 feet northerly of said southeast corner of Lot 1.
That part of Lot 1, Block 2, CRYSTAL CREEK, according to the recorded plat thereof,
Hennepin County, ;Minnesota; lying southwesterly of a line drawn from a point on the south line
o said Lot 1 distant 30. 00 feet easterly of the southwest corner of said Lot 1 to a point on the
West line of said Lot 1 distant 30.00 feet northerly of said southwest corner of Lot 1.
EXHIBIT C
[NURP POND EASEMENT AREAS]
7'50' ---_— ...-
N _ N84'22451 `I' s88.36'26-E �� C - ----------.--- � SOUTH o
12.59 "'� •51.76 „ Clq
a l ~50.00 33.75 I a
. .
—
Ln
F
'o0n�i i •, a DRAINAGE AND LIT N ! r.
N8113'40'E I °i �� I • ,SJ EASEMENT �;L1
1 .•57.39 1 1 S/jb 111 DRAINAGE
?S':Y 1!!I EASEMENT
I 1 �/ 1
1
I�� �I"; 1 ar I
i X13'59'03"�__,•1 t l x111 01
4-85.42- Qt 0. f l 0 l 1
DRAINAGE o \ 1 ! ! I
E.kSEMENT� o o- 1 1 1 1
0 00 0. 1L 0 Cli I
\\
r` r�n 2 � 1 \\ -��� opi\\ v�f !f 111
>� � . r I \ s �� \\
cn
NO 27'18"E ti2\ 2 g2- a'•\ S O ! 1 _1 1
_
214.92
1 '� •�, 8 i 1 °0 \ O°
Ln
N2 ";''30-26N.
ANIS•?j! � ', ( \\ �6S 1 1 1
5.6.05. J. .w sr f 17.57 ?d�/0"� O-'s,
� A1'>• r`�i —DRAINAGE N68e43'31"E \ `p9 1 !
'''•pZ �v i \ `sem. ��p`FJ• �, 75.91 �? e w
\ �,° o p o f^ EASEMENT 9 / >: 4,
�, ,�- s. s�• a\ p° \ "; ` F 'r> �, S ) ,. °c9+ Q �\lwe46'08
? / ,�. !c Y�9•'8s��. \ \' q• c,'�� x=26
�• � a, •�, .{y�/� .w :.•�55 \S9wN ry0/ / \\ 4,5/.45 - -
dL 41
iD— rye/ / 4 a� Qasr e
4l /c \ C , �p• 5 / / 'S �/'>90�� 45 0p.. �_�15
Iwo f /.�. `\ �\�Q; N .3/ / 9 p/., � r
0D c% � , L \ \rn� p� 11 4x75'00'38
`rs'&. N48'45'26"E N o •�/ / '�1 1
�- 41.84 0 h// !�f fto
N4'4T'49"E :;� o
r 8 20',
N50'00'04'E
I 15 •� �" ��,N13'23'12"E * / /
A5 N /
9'i<'04'c I: m \�•-�--� `\ `1 � 38.88
:' ?5., , ,1 z ` �' °P \ ' v I :j �''•., N78.36'40"E
y /
rJl6'S1'03"N Ss9°�. I� +�y� yZy \�, .vi I �� 28.7N 3'52'39"E
f — —
• I
'I
)8-55 05'E I
424.56 f 20--1
6
G
65
41
75�L1
i / a ��
1 c')
D v' LA -+m 1 I
I cr.
S81•,4'c..� Irl J. I
i -
OI a � ►p `7
'c-
496
——06
496.06 l,.,�J 20
LA LO I
_331.42 ___ 1 tO l N CIO i�/�' • - I 00
Ln
a`
4'1 I` S86'26'45'E----�----_
L=35.36 :r 476.58
lP lT J 0 I A
4
, O O ^1 �_ I 02D
mmD
moi 0 O Ir N I rn
"^i
> to w m f
---378_55 ------� U�s N .. _- -_ ---
V)c:
N86'3'J'00"E,� 295.00 T-a I
x
------ rn m L ------ ----- \\`ril z� I
- S.
---- 7 N to
d=16'32'24" 1' � ;vl Tr �\ \p I
L=86.60- ail o y lao, s\ F� EAST I
s3.00 J
M
11 It
Ln 0 r '"' ''
> A EAST o
a 'DRAINAGE
rrn
Dl ;',V o ? n EASEMENT—
0 -
co ! _ • WEST o
01 Ooru ! 40 <` �_ i �'i N �OG'w 44.41 O
\cs
�.S� u
50.001, _ �,/, '\� 3• } '-� ��� 4 -
--------:- 50.00 -- /L� o 58.44
4 486
---- .00 -o----------
wAo --75.751- ROAD U 33.00-'.' u�
T^r`/ ' S89°50'08"W 869.00 "' ' ''
r \ i vrr � r � v,-,v --------
. - U
60
..+.., v,
",
EXHIBIT D
[TEMPORARY CUL-DE-SAC EASEMENT AREA]
That part of Lot 6, Block 1, CRYSTAL CREEK, according, to the recorded plat thereof,
Hennepin County, Minnesota, lying within the circumference of a circle having a radius of 50.00
feet. The center of said circle is the point of intersection of a line parallel with anti 1-5.00 feet
southerly of the southerly line of said Lot 6, as measured at a right angle to said southerly line of
Lot 6, and a line parallel with and 50.00 feet westerly of the easterly line of Lot 5. B11ock ,, said
CRYSTAL CREEK and its northerly extension, as measured at a right angle to said easterly line
of Lot 5 and its extension.
That part of Lot 5, Block 2, CRYSTAL CRE-E-K, according to the recorded plat thereof,
Hennepin County, Minnesota, lying within the circumference of a circle having a radius of 50.00
feet. The center of said circle is the point of intersection of a line parallel with and 25.00 feet
northerly of the northerly line of said Lot 5, as measured at a right angle to said northerly line of
Lot 5, and a line parallel with and 50.00 feet westerly of the easterly line of said Lot 5 and its
northerly extension, as measured at a right angle to said easterly line of Lot 5 and its extension.
f. t
EXHIBIT E
[DRAINTFIELD COVENANT]
THIS RNMENTUU, is made as of the day of , bN
("Owners").
RECIT :: LS:
NXTIEREAS, the Owners are the fee owners of the land leually described as (the "Lot"):
Lot -' Block , CRYSTAL CREEK, according to the
recorded plat thereof, Hennepin County, Minnesota.
WHERE-AS, the City of Orono, Minnesota ("City'=) has required the Owners to sign this
Indenture acknowledging and creating certain covenants against the Lot:
WHEREAS, the Lot has two sewage treatment sites that have been approved by the City.
Tile City has determined that these two sites are the only two feasibl,; sites on the Lot, and must not
be disturbed. As such, tite existing natural topsoil must remain in place and mast not be subject to
Any traffic which Evill cause even the slightest compaction.
NOW, THERFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Owners do intend to subject their Lot to the following covenants:
1. The Owners acknowledge and agree that the Lot has two sewage treatment sites that
have been approved by the City and the Owners understand that these two sites are the only two
feasible sites on the Lot, and must not be disturbed.
3. The Owners agree and covenant that the existing natural topsoil on their Lot shall
remain in place and will not be subject to any traffic which will cause even the slightest compaction.
3. The Owners agree that to protect those important se",age treatment sites from
inadvertent damage or destruction, they SHALL NOT permit an), cars, trucks, or earth moving
equipment to enter upon their Lot or any the Lot of any other owner in the Crystal Creek
development.
A. The Owners SHALL NOT construct any driveway, erect any building, or permit earth
moving equipment on the Lot without first:
A. Erecting a clearly visible fence during construction twenty feet from the
boundary of its sewa`ize treatment sites along that part of the site that is
between the site and all areas which are assessab;e to earth moving equipr_ent;
and
B. Erecting a clearly visible fence during= construction along that part of the Lot
line that is between an adjacent owner's sewage treatment site and the areas
on the Lot .N-hich are accessible to earth moving equipment.
5. To assist the Owners in identifying tite location of drainfields, each drainfield has been
st<:ked at its corners. Further, the drainfield locations are shown on the Preliminary Development
Pian on file at the City's offices.
G. Tile covenants and restrictions contained in this Indenture shall nun with and bind the
Lot and shall inure to the benefit of.and be enforceable by the Crystal Creek Homeowner's
Association or the Owner of any other lot located in the Crystal Creek development, or their
respective legal representatives, heirs, successors and assigns. The covenants and restrictions
imposed and created by this Indenture shall be perpetual, and considered-exempt from the thirty (3 0)
year durational limit set forth in Section 500.20, subd. 2a of Minnesota Statutes, pursuant to Minn.
Stats. Section 500.20 subd2a(5).
IN VNqTNESS "TMREOF, the undersigned have executed this Indenture as of the day and
year first above written.
STATE OF MINNTESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
by
Notary Public
This instrument was drafted by:
Doherty, Rumble & Butler, P.A.
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, NI EN 55402
.f
ExnIBIT F
[STORJ\1 WATER FACILITY MAINTENANCE AGREEMENT]
SToRNIWATER FACILITY MAINTENANCE AGREEMENT
This maintenance agreement is made this 18th day of April, 1997, by and between
KingsbridQe Properties, Inc., hereinafter referred to as "Applicant," and the ,Minnehaha Creek
Watershed District, hereinafter referred to as "MCNVD," to provide for the maintenance of the
stormy{•iter facilities constructed pursuant to Minnehaha Creek Watershed District permit
application number
WHEREAS, Applicant has applied for a permit from the MCWD pursuant to 1\•ICWD Rule B,
application attached hereto as Attachnment 1; and
WHEREAS, the property which is the subject of this Agreement is legally described in
Attachment 2 to this Agreement; and
WEE EAS, MCWD Rule B provides, "A maintenance agreement shall be submitted for: storm
water treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other
stormwater facilities. This maintenance agreement shall specify methods, schedule and
responsible parties for maintenance and must include at a minimum, the elements contained in
time District's Maintenance Agreement Form."
NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties.
1. Applicant shall inspect the stormwater retention and treatment basin(s) at a minimum of
once a vear to determine if the basin's retention and treatment characteristics are adequate. A
storage treatment basin will be considered inadequate if sediment has decreased the Nvet storage
volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin(s)
is identified for sediment cleanout,Applicant shall restore the basin(s) to its original design
contours witlmin one year of the inspection date.
2. Applicant shall inspect the grit chambers, sump catch basins sump manholes, outlet
structures, culverts, outfall structures or other stormwater facilities for the project in the spring
and fall of each year. Applicant shall remove all sediment and debris during the inspections such
that the stormwater facilities operate as designed and permitted.
3. Violation of the inspection and/or maintenance provisions of this Agreement is a
violation of the MCVdD permit for the project for which the MCWD may take action against
Applicant.
4. This Agreement is binding on the Applicant and the Applicant's representatives, heirs,
successors and/or assigns. In the event of a sale of the twelve (12) developed lots for the purpose
of development of the property subject to this Agreement, this Agreement may be assigned to the
purchaser and Applicant shall have no further obligations arisin- out of this Agreement.
ITT WITNESS WHEREOF. the parties hereto execute this Maintenance Agreement.
Date:
Applicant
STATE OF MINNESOTA )
ss.
COUNTY
The foregoing instrument was acknowledged before me this ��day of
199 ,by
VALE RIE �ATA
Vi3ow PALr'-wowu Notary Public
w 6&&*W L#w ire ri,WA
Date: MININEHAHA CREEK
WATERSHED DISTRICT
By
Its
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
on behalf of the Minnehaha
19� by
Creek Watershed District, a watershed district of the State of Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Charles C. Cudd Corp.
1802 Wooddale Dr.
Woodbury, MN 55125
EXHIBIT G
[DELINEATION OF TYPE- 1 AND TYPE II NVETLANDS]